Amendment
Bill No. HB 5003

Amendment No. 179107

CHAMBER ACTION
Senate		House
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1	The Conference Committee on HB 5003 offered the following:
2
3	Conference Committee Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  It is the intent of the Legislature that the
6	implementing and administering provisions of this act apply to
7	the General Appropriations Act for the 2008-2009 fiscal year.
8	Section 2.  In order to implement Specific Appropriations
9	6, 7, and 81 through 83 of the 2008-2009 General Appropriations
10	Act, the calculations of the Florida Education Finance Program
11	for the 2008-2009 fiscal year in the document entitled "Public
12	School Funding - The Florida Education Finance Program" dated
13	April 28, 2008, and filed with the Clerk of the House of
14	Representatives are incorporated by reference for the purpose of
15	displaying the calculations used by the Legislature, consistent
16	with the requirements of the Florida Statutes, in making
17	appropriations for the Florida Education Finance Program.
18	Section 3.  In order to implement Specific Appropriations
19	376 through 415 of the 2008-2009 General Appropriations Act,
20	subsection (3) of section 394.908, Florida Statutes, is amended
21	to read:
22	394.908  Substance abuse and mental health funding equity;
23	distribution of appropriations.--In recognition of the
24	historical inequity in the funding of substance abuse and mental
25	health services for the department's districts and regions and
26	to rectify this inequity and provide for equitable funding in
27	the future throughout the state, the following funding process
28	shall be used:
29	(3)(a)  Any additional funding beyond the 2005-2006 fiscal
30	year base appropriation for alcohol, drug abuse, and mental
31	health services shall be allocated to districts for substance
32	abuse and mental health services based on:
33	1.(a)  Epidemiological estimates of disabilities that apply
34	to the respective target populations.
35	2.(b)  A pro rata share distribution that ensures districts
36	below the statewide average funding level per person in each
37	target population of "persons in need" receive funding necessary
38	to achieve equity.
39	(b)  Notwithstanding paragraph (a) and for the 2008-2009
40	fiscal year only, funds appropriated for forensic mental health
41	treatment services shall be allocated to the areas of the state
42	having the greatest demand for services and treatment capacity.
43	This paragraph expires July 1, 2009.
44	(c)  Notwithstanding paragraph (a) and for the 2008-2009
45	fiscal year only, additional funds appropriated for mental
46	health services from funds available through the Community-Based
47	Medicaid Administrative Claiming Program shall be allocated as
48	provided in the 2008-2009 General Appropriations Act and in
49	proportion to contributed provider earnings. Where these mental
50	health funds are used in lieu of funds from the General Revenue
51	Fund, the allocation of funds shall be unchanged from the
52	allocation for those funds for the 2007-2008 fiscal year. This
53	paragraph expires July 1, 2009.
54	Section 4.  In order to implement Specific Appropriations
55	302 and 314 of the 2008-2009 General Appropriations Act, the
56	Department of Children and Family Services shall ensure that all
57	public and private agencies and institutions participating in
58	child welfare cases enter information specified by rule of the
59	department into the Florida Safe Families Network in order to
60	maintain the accuracy and usefulness of the system. The Florida
61	Safe Families Network is intended to be the department's
62	automated child welfare case-management system designed to
63	provide child welfare workers with a mechanism for managing
64	child welfare cases more efficiently and tracking children and
65	families more effectively. The department shall coordinate with
66	the Office of the State Courts Administrator and the Statewide
67	Guardian Ad Litem Office for the purpose of providing any judge
68	or magistrate and any guardian ad litem assigned to a dependency
69	court case with access to information in the Florida Safe
70	Families Network relating to a child welfare case which is
71	required to be filed with the court pursuant to chapter 39,
72	Florida Statutes, by the date of the network's release during
73	the 2008-2009 fiscal year. The department shall report to the
74	Governor, the President of the Senate, and the Speaker of the
75	House of Representatives by February 1, 2009, with respect to
76	progress on providing access to the Florida Safe Families
77	Network as provided in this section. This section expires July
78	1, 2009.
79	Section 5.  Effective upon this act becoming a law, in
80	order to implement Specific Appropriations 552, 554, 560, 562,
81	and 563 of the 2008-2009 General Appropriations Act, paragraph
82	(c) is added to subsection (14) of section 287.057, Florida
83	Statutes, to read:
84	287.057  Procurement of commodities or contractual
85	services.--
86	(14)
87	(c)  The Department of Health shall enter into an
88	agreement, not to exceed 20 years, with a private contractor to
89	finance, design, and construct a hospital, of no more than 50
90	beds, for the treatment of patients with active tuberculosis and
91	to operate all aspects of daily operations within the facility.
92	The contractor may sponsor the issuance of tax-exempt
93	certificates of participation or other securities to finance the
94	project, and the state may enter into a lease-purchase agreement
95	for the facility. The department shall begin the implementation
96	of this initiative by July 1, 2008. This paragraph expires July
97	1, 2009.
98	Section 6.  In order to implement Specific Appropriation
99	236 of the 2008-2009 General Appropriations Act, the Agency for
100	Health Care Administration shall study the effects of the
101	minimum nursing home staffing ratios found in s. 400.23(3),
102	Florida Statutes, and the relationship to Medicaid reimbursement
103	and the quality of care provided to residents. The agency shall
104	report its findings to the Governor, the President of the
105	Senate, and the Speaker of the House of Representatives by
106	February 1, 2009. Until July 1, 2009, the agency shall not
107	impose sanctions against a nursing home for failure to meet the
108	staffing ratios in s. 400.23(3), Florida Statutes, or failure to
109	impose a moratorium on new admissions pursuant to s.
110	400.141(15)(d), Florida Statutes, as long as the certified
111	nursing assistant ratio is not below 2.6 hours per resident per
112	day and the licensed nurse ratio is not below 1.0 hours per
113	resident per day. This section expires July 1, 2009.
114	Section 7.  In order to fulfill legislative intent
115	regarding the use of funds contained in Specific Appropriations
116	721K, 721Y, 721AJ, and 1146 of the 2008-2009 General
117	Appropriations Act, the Department of Corrections and the
118	Department of Juvenile Justice may expend appropriated funds to
119	assist in defraying the costs of impacts that are incurred by a
120	municipality or county and associated with opening or operating
121	a facility under the authority of the respective department
122	which is located within that municipality or county. The amount
123	that is to be paid under this section for any facility may not
124	exceed 1 percent of the facility construction cost, less
125	building impact fees imposed by the municipality or by the
126	county if the facility is located in the unincorporated portion
127	of the county. This section expires July 1, 2009.
128	Section 8.  In order to implement Specific Appropriations
129	721A through 760H and 780 through 806A of the 2008-2009 General
130	Appropriations Act, subsection (4) of section 216.262, Florida
131	Statutes, is amended to read:
132	216.262  Authorized positions.--
133	(4)  Notwithstanding the provisions of this chapter on
134	increasing the number of authorized positions, and for the 2008-
135	2009 2007-2008 fiscal year only, if the actual inmate population
136	of the Department of Corrections exceeds the inmate population
137	projections of the February 15, 2008 February 16, 2007, Criminal
138	Justice Estimating Conference by 1 percent for 2 consecutive
139	months or 2 percent for any month, the Executive Office of the
140	Governor, with the approval of the Legislative Budget
141	Commission, shall immediately notify the Criminal Justice
142	Estimating Conference, which shall convene as soon as possible
143	to revise the estimates. The Department of Corrections may then
144	submit a budget amendment requesting the establishment of
145	positions in excess of the number authorized by the Legislature
146	and additional appropriations from unallocated general revenue
147	sufficient to provide for essential staff, fixed capital
148	improvements, and other resources to provide classification,
149	security, food services, health services, and other variable
150	expenses within the institutions to accommodate the estimated
151	increase in the inmate population. All actions taken pursuant to
152	the authority granted in this subsection shall be subject to
153	review and approval by the Legislative Budget Commission. This
154	subsection expires July 1, 2009 2008.
155	Section 9.  In order to implement Specific Appropriations
156	1301 and 1302 of the 2008-2009 General Appropriations Act, the
157	Department of Legal Affairs is authorized to expend appropriated
158	funds in those specific appropriations on the same programs that
159	were funded by the department pursuant to specific
160	appropriations made in general appropriations acts in prior
161	years. This section expires July 1, 2009.
162	Section 10.  In order to implement Specific Appropriation
163	1210 of the 2008-2009 General Appropriations Act, subsection (4)
164	of section 932.7055, Florida Statutes, is amended to read:
165	932.7055  Disposition of liens and forfeited property.--
166	(4)  The proceeds from the sale of forfeited property shall
167	be disbursed in the following priority:
168	(a)  Payment of the balance due on any lien preserved by
169	the court in the forfeiture proceedings.
170	(b)  Payment of the cost incurred by the seizing agency in
171	connection with the storage, maintenance, security, and
172	forfeiture of such property.
173	(c)  Payment of court costs incurred in the forfeiture
174	proceeding.
175	(d)  Notwithstanding any other provision of this
176	subsection, and for the 2008-2009 2007-2008 fiscal year only,
177	the funds in a special law enforcement trust fund established by
178	the governing body of a municipality may be expended to
179	reimburse the general fund of the municipality for moneys
180	advanced from the general fund to the special law enforcement
181	trust fund prior to October 1, 2001. This paragraph expires July
182	1, 2009 2008.
183	Section 11.  In order to implement Specific Appropriation
184	786 of the 2008-2009 General Appropriations Act, the Department
185	of Corrections shall comply with the following reimbursement
186	limitations:
187	(1)  If no contract exists between the Department of
188	Corrections and a hospital licensed under chapter 395 or a
189	health care provider providing services at a hospital licensed
190	under chapter 395 regarding services, payments may not exceed
191	110 percent of the Medicare allowable rate.
192	(2)  If a contract has been executed between the Department
193	of Corrections and a hospital licensed under chapter 395 or a
194	health care provider providing services at a hospital licensed
195	under chapter 395, payments shall continue at the currently
196	contracted rates through the current term of the contract;
197	however, if the contract expires or is subject to renewal during
198	the 2007-2008 fiscal year, the payments may not exceed 110
199	percent of Medicare allowable rate.
200	(3)  If the Department of Corrections enters into a new
201	contract with a hospital licensed under chapter 395 or a health
202	care provider providing services at a hospital licensed under
203	chapter 395, the payments may not exceed 110 percent of the
204	Medicare allowable rate.
205	(4)  Notwithstanding the limitations of subsections (1),
206	(2), and (3) to the contrary, the Department of Corrections may
207	pay up to 125 percent of the Medicare allowable rate for
208	hospitals licensed under chapter 395 that reported to the Agency
209	for Health Care Administration, through hospital audited
210	financial data, a negative operating margin for the previous
211	year.
212	(5)  This section shall not be applicable to charges for
213	medical services provided at any hospital operated by the
214	Department of Corrections.
215
216	The Department of Corrections may not negotiate contracts for
217	medical services at hospitals licensed under chapter 395 for
218	rates other than rates based on a percentage of the Medicare
219	allowable rate. This section expires July 1, 2009.
220	Section 12.  In order to implement Specific Appropriations
221	1266, 1286, 1307, and 1317 of the 2008-2009 General
222	Appropriations Act, the Department of Legal Affairs is
223	authorized to transfer cash remaining after required
224	disbursements from Attorney General case numbers L01-6-1004,
225	L03-6-1002, and L01-6-1009 from FLAIR account 41-74-2-601001-
226	41100100-00-181076-00 to the Operating Trust fund to pay
227	salaries and benefits. This section expires July 1, 2009.
228	Section 13.  In order to implement Specific Appropriation
229	3205 of the 2008-2009 General Appropriations Act, subsection
230	(16) is added to section 112.061, Florida Statutes, to read:
231	112.061  Per diem and travel expenses of public officers,
232	employees, and authorized persons.--
233	(16)  SUPREME COURT JUSTICES.--Notwithstanding any
234	provision of this section to the contrary, the Chief Justice of
235	the Supreme Court is authorized to reimburse justices of the
236	Supreme Court for travel expenses, including travel, per diem,
237	and subsistence allowances, associated with travel to
238	Tallahassee on official business for the state from the county
239	in which the justice resides for no more than 36 trips per
240	justice, provided that reimbursement may not be made for travel
241	to Tallahassee if the justice resides within 50 miles of the
242	headquarters of the Supreme Court. This subsection expires July
243	1, 2009.
244	Section 14.  In order to implement Specific Appropriations
245	for salaries and benefits in the 2008-2009 General
246	Appropriations Act, paragraph (b) of subsection (3) of section
247	112.24, Florida Statutes, is amended to read:
248	112.24  Intergovernmental interchange of public
249	employees.--To encourage economical and effective utilization of
250	public employees in this state, the temporary assignment of
251	employees among agencies of government, both state and local,
252	and including school districts and public institutions of higher
253	education is authorized under terms and conditions set forth in
254	this section. State agencies, municipalities, and political
255	subdivisions are authorized to enter into employee interchange
256	agreements with other state agencies, the Federal Government,
257	another state, a municipality, or a political subdivision
258	including a school district, or with a public institution of
259	higher education. State agencies are also authorized to enter
260	into employee interchange agreements with private institutions
261	of higher education and other nonprofit organizations under the
262	terms and conditions provided in this section. In addition, the
263	Governor or the Governor and Cabinet may enter into employee
264	interchange agreements with a state agency, the Federal
265	Government, another state, a municipality, or a political
266	subdivision including a school district, or with a public
267	institution of higher learning to fill, subject to the
268	requirements of chapter 20, appointive offices which are within
269	the executive branch of government and which are filled by
270	appointment by the Governor or the Governor and Cabinet. Under
271	no circumstances shall employee interchange agreements be
272	utilized for the purpose of assigning individuals to participate
273	in political campaigns. Duties and responsibilities of
274	interchange employees shall be limited to the mission and goals
275	of the agencies of government.
276	(3)  Salary, leave, travel and transportation, and
277	reimbursements for an employee of a sending party that is
278	participating in an interchange program shall be handled as
279	follows:
280	(b)1.  The assignment of an employee of a state agency
281	either on detail or on leave of absence may be made without
282	reimbursement by the receiving party for the travel and
283	transportation expenses to or from the place of the assignment
284	or for the pay and benefits, or a part thereof, of the employee
285	during the assignment.
286	2.  For the 2008-2009 fiscal year only, the assignment of
287	an employee of a state agency as provided in subparagraph 1. may
288	be made if recommended by the Governor or Chief Justice, as
289	appropriate, and approved by the chairs of the Senate Fiscal
290	Policy and Calendar Committee and the House Policy and Budget
291	Council. Such actions shall be deemed approved if neither chair
292	provides written notice of objection within 14 days after the
293	chair's receiving notice of the action pursuant to s. 216.177.
294	This subparagraph expires July 1, 2009.
295	Section 15.  In order to implement the appropriation of
296	funds in Special Categories-Risk Management Insurance of the
297	2008-2009 General Appropriations Act, and pursuant to the
298	notice, review, and objection procedures of s. 216.177, Florida
299	Statutes, the Executive Office of the Governor is authorized to
300	transfer funds appropriated in the appropriation category
301	"Special Categories-Risk Management Insurance" of the 2008-2009
302	General Appropriations Act between departments in order to align
303	the budget authority granted with the premiums paid by each
304	department for risk management insurance. This section expires
305	July 1, 2009.
306	Section 16.  In order to implement the appropriation of
307	funds in Special Categories-Transfer to Department of Management
308	Services-Human Resources Services Purchased Per Statewide
309	Contract of the 2008-2009 General Appropriations Act, and
310	pursuant to the notice, review, and objection procedures of s.
311	216.177, Florida Statutes, the Executive Office of the Governor
312	is authorized to transfer funds appropriated in the
313	appropriation category "Special Categories-Transfer to
314	Department of Management Services-Human Resources Services
315	Purchased Per Statewide Contract" of the 2008-2009 General
316	Appropriations Act between departments in order to align the
317	budget authority granted with the assessments that must be paid
318	by each agency to the Department of Management Services for
319	human resource management services. This section expires July 1,
320	2009.
321	Section 17.  In order to implement specific appropriations
322	for salaries and benefits in the 2008-2009 General
323	Appropriations Act, paragraph (a) of subsection (12) of section
324	110.123, Florida Statutes, is amended to read:
325	110.123  State group insurance program.--
326	(12)  HEALTH SAVINGS ACCOUNTS.--The department is
327	authorized to establish health savings accounts for full-time
328	and part-time state employees in association with a health
329	insurance plan option authorized by the Legislature and
330	conforming to the requirements and limitations of federal
331	provisions relating to the Medicare Prescription Drug,
332	Improvement, and Modernization Act of 2003.
333	(a)1.  A member participating in this health insurance plan
334	option shall be eligible to receive an employer contribution
335	into the employee's health savings account from the State
336	Employees Health Insurance Trust Fund in an amount to be
337	determined by the Legislature. A member is not eligible for an
338	employer contribution upon termination of employment. For the
339	2008-2009 2007-2008 fiscal year, the state's monthly
340	contribution for employees having individual coverage shall be
341	$41.66 and the monthly contribution for employees having family
342	coverage shall be $83.33.
343	2.  A member participating in this health insurance plan
344	option shall be eligible to deposit the member's own funds into
345	a health savings account.
346	Section 18.  In order to implement Specific Appropriations
347	2801 through 2814 of the 2008-2009 General Appropriations Act,
348	subsection (7) of section 255.503, Florida Statutes, is amended
349	to read:
350	255.503  Powers of the Department of Management
351	Services.--The Department of Management Services shall have all
352	the authority necessary to carry out and effectuate the purposes
353	and provisions of this act, including, but not limited to, the
354	authority to:
355	(7)(a)  Sell, lease, release, or otherwise dispose of
356	facilities in the pool in accordance with applicable law.
357	(b)  No later than the date upon which the department
358	recommends to the Division of State Lands of the Department of
359	Environmental Protection the disposition of any facility within
360	the Florida Facilities Pool, the department shall provide to the
361	President of the Senate, the Speaker of the House of
362	Representatives, the Executive Office of the Governor, and the
363	Division of Bond Finance of the State Board of Administration an
364	analysis that includes:
365	1.  The cost benefit of the proposed facility disposition,
366	including the facility's current operating expenses, condition,
367	and market value, and viable alternatives for work space for
368	impacted state employees.
369	2.  The effect of the proposed facility disposition on the
370	financial status of the Florida Facilities Pool, including the
371	effect on rental rates and coverage requirement for the bonds.
372
373	This paragraph expires July 1, 2009 2008.
374	Section 19.  In order to implement Specific Appropriations
375	2826 through 2835 of the 2008-2009 General Appropriations Act,
376	paragraph (a) of subsection (3) and subsection (6) of section
377	287.17, Florida Statutes, are reenacted to read:
378	287.17  Limitation on use of motor vehicles and aircraft.--
379	(3)(a)  The term "official state business" may not be
380	construed to permit the use of a motor vehicle for commuting
381	purposes, unless special assignment of a motor vehicle is
382	authorized as a perquisite by the Department of Management
383	Services, required by an employee after normal duty hours to
384	perform duties of the position to which assigned, or authorized
385	for an employee whose home is the official base of operation.
386	(6)  It is the intention of the Legislature that persons
387	traveling on state aircraft for purposes consistent with, but
388	not necessarily constituting, official state business may travel
389	only when accompanying persons who are traveling on official
390	state business and that such persons shall pay the state for all
391	costs associated with such travel. Notwithstanding paragraph
392	(3)(a), a person traveling on state aircraft for purposes other
393	than official state business shall pay for any trip not
394	exclusively for state business by paying a prorated share of all
395	fixed and variable expenses related to the ownership, operation,
396	and use of such aircraft.
397	Section 20.  The amendment of s. 287.17, Florida Statutes,
398	as carried forward by this act from chapters 2005-71, 2006-26,
399	and 2007-73, Laws of Florida, shall expire July 1, 2009, and the
400	text of that section shall revert to that in existence on June
401	30, 2005, except that any amendments to such text enacted other
402	than by chapters 2005-71, 2006-26, and 2007-73, Laws of Florida,
403	shall be preserved and continue to operate to the extent that
404	such amendments are not dependent upon the portions of such text
405	which expire pursuant to this section.
406	Section 21.  In order to implement Specific Appropriation
407	3070 of the 2008-2009 General Appropriations Act, paragraph (d)
408	of subsection (3) of section 61.1824, Florida Statutes, is
409	amended to read:
410	61.1824  State Disbursement Unit.--
411	(3)  The State Disbursement Unit shall perform the
412	following functions:
413	(d)  To the extent feasible, use automated procedures for
414	the collection and disbursement of support payments, including,
415	but not limited to, having procedures for:
416	1.  Receipt of payments from obligors, employers, other
417	states and jurisdictions, and other entities.
418	2.  Timely disbursement of payments to obligees, the
419	department, and other state Title IV-D agencies.
420	3.  Accurate identification of payment source and amount.
421	4.  Furnishing any parent, upon request, timely information
422	on the current status of support payments under an order
423	requiring payments to be made by or to the parent, except that
424	in cases described in paragraph (1)(b), prior to the date the
425	State Disbursement Unit becomes fully operational, the State
426	Disbursement Unit shall not be required to convert and maintain
427	in automated form records of payments kept pursuant to s.
428	61.181.
429	5.  Electronic disbursement of support payments to
430	obligees. The State Disbursement Unit shall notify obligees of
431	electronic disbursement options and encourage their use through
432	promotional material. Any payments made to the State
433	Disbursement Unit that are owed to the obligee shall be
434	disbursed electronically. The obligee may designate a personal
435	account for deposit of payments.  If the obligee does not
436	designate a personal account, the State Disbursement Unit shall
437	deposit any payments into a stored-value account that can be
438	accessed by the obligee.
439	Section 22.  The amendment of s. 61.1824(3)(d), Florida
440	Statutes, made by this act shall expire July 1, 2009, and the
441	text of that paragraph shall revert to that in existence on June
442	30, 2008, except that any amendments to such text enacted other
443	than by this act shall be preserved and continue to operate to
444	the extent that such amendments are not dependent upon the
445	portions of such text which expire pursuant to this section.
446	Section 23.  In order to implement Specific Appropriation
447	3070 of the 2008-2009 General Appropriations Act, subsections
448	(2) through (8) of section 409.2558, Florida Statutes, are
449	renumbered as subsections (3) through (9), respectively, and a
450	new subsection (2) is added to that section, to read:
451	409.2558  Support distribution and disbursement.--
452	(2)  ELECTRONIC DISBURSEMENT OF PAYMENTS.--Any payments
453	made to the State Disbursement Unit that are owed to the obligee
454	in a Title IV-D case shall be disbursed electronically. The
455	obligee may designate a personal account for deposit of
456	payments. If the obligee does not designate a personal account,
457	the State Disbursement Unit shall deposit any payments into a
458	stored-value account that can be accessed by the obligee. This
459	subsection expires July 1, 2009.
460	Section 24.  In order to implement Specific Appropriation
461	3070 of the 2008-2009 General Appropriations Act,
462	notwithstanding ss. 61.1826(4)(a) and 287.057, Florida Statutes,
463	relating to contract extensions and renewals, the Department of
464	Revenue shall extend for 66 months contract C3636 entered into
465	pursuant to s. 61.1826, Florida Statutes. This section expires
466	July 1, 2009.
467	Section 25.  (1)  In order to implement Specific
468	Appropriation 3056A of the 2008-2009 General Appropriations Act
469	and notwithstanding the provisions of Section 9 of chapter 2007-
470	339, Laws of Florida, the moneys provided in Specific
471	Appropriation 3056A are appropriated to offset the reductions in
472	ad valorem tax revenue experienced by fiscally constrained
473	counties, as defined in s. 218.67(1), Florida Statutes, which
474	occur as a direct result of the implementation of revisions of
475	Article VII of the State Constitution approved in the special
476	election held on January 29, 2008. The moneys appropriated for
477	this purpose shall be distributed in January of 2009 among the
478	fiscally constrained counties based on each county's proportion
479	of the total reduction in ad valorem tax revenue resulting from
480	the implementation of the revision.
481	(2)  On or before November 15, 2008, each fiscally
482	constrained county shall apply to the Department of Revenue to
483	participate in the distribution of the appropriation and provide
484	documentation supporting the county's estimated reduction in ad
485	valorem tax revenue in the form and manner prescribed by the
486	Department of Revenue. The documentation must include an
487	estimate of the reduction in taxable value directly attributable
488	to revisions of Article VII of the State Constitution for all
489	county taxing jurisdictions within the county and shall be
490	prepared by the property appraiser in each fiscally constrained
491	county. The documentation must also include the county millage
492	rates applicable in all such jurisdictions for both the current
493	year and the prior year; rolled-back rates, determined as
494	provided in s. 200.065, Florida Statutes, for each county taxing
495	jurisdiction; and maximum millage rates that could have been
496	levied by majority vote pursuant to s. 200.185, Florida
497	Statutes. For purposes of this section, each fiscally
498	constrained county's reduction in ad valorem tax revenue shall
499	be calculated as 95 percent of the estimated reduction in
500	taxable value times the 2007 applicable millage rate.
501	(3)  This section expires July 1, 2009, and shall be
502	superseded if similar provisions contained in Senate Bill 1588,
503	2008 Regular Session, become law.
504	Section 26.  In order to implement Specific Appropriation
505	2819 of the 2008-2009 General Appropriations Act, paragraph (b)
506	of subsection (1) of section 255.518, Florida Statutes, is
507	amended to read:
508	255.518  Obligations; purpose, terms, approval,
509	limitations.--
510	(1)
511	(b)  Payment of debt service charges and any reserves on
512	obligations during the construction of any facility financed by
513	such obligations shall be made from funds other than proceeds of
514	obligations.
515	Section 27.  The amendment to s. 255.518(1)(b), Florida
516	Statutes, by this act shall expire July 1, 2009, and the text of
517	that paragraph shall revert to that in existence on June 30,
518	2008, except that any amendments to such text enacted other than
519	by this act shall be preserved and continue to operate to the
520	extent that such amendments are not dependent upon the portions
521	of such text which expire pursuant to this section.
522	Section 28.  In order to implement Specific Appropriations
523	2536, 2537, 2538, and 2542 of the 2008-2009 General
524	Appropriations Act, for the 2008-2009 fiscal year only and
525	notwithstanding any conflicting requirements of section 4 of
526	chapter 2006-12, Laws of Florida, the Department of Financial
527	Services may expend $998,820 of the funds appropriated by
528	section 4 of chapter 2006-12, Laws of Florida, for salaries and
529	related expenses. This section expires July 1, 2009.
530	Section 29.  In order to implement Specific Appropriation
531	1541 of the 2008-2009 General Appropriations Act, subsection (8)
532	of section 215.559, Florida Statutes, is renumbered as
533	subsection (9), respectively, and a new subsection (8) is added
534	to that section to read:
535	215.559  Hurricane Loss Mitigation Program.--
536	(8)(a)  Notwithstanding any other provision of this section
537	and for the 2008-2009 fiscal year only, the $10 million
538	appropriation provided for in section (1) shall be allocated as
539	follows:
540	1.  The sum of $2.8 million shall be used to inspect and
541	improve tie-downs for mobile homes for the same purpose as
542	specified in paragraph (3)(a).
543	2.  The sum of $700,000 shall be allocated to the Florida
544	International University for the same purpose as specified in
545	subsection (4).
546	3.  The sum of $6,421,764 shall be used to install
547	emergency power generators in special-needs hurricane evacuation
548	shelters as provided in section 1 of chapter 2006-71, Laws of
549	Florida, except that such funds may not be used for
550	administrative purposes.
551	4.  The sum of $78,236 shall be allocated for operational
552	purposes of the department as specified in the 2008-2009 General
553	Appropriations Act.
554	(b)  This subsection expires July 1, 2009.
555	Section 30.  In order to implement Section 61 of the 2008-
556	2009 General Appropriations Act, subsection (13) of section
557	253.034, Florida Statutes, is amended to read:
558	253.034  State-owned lands; uses.--
559	(13)  Notwithstanding the provisions of this section, funds
560	from the sale of property by the Department of Highway Safety
561	and Motor Vehicles located in Palm Beach County are authorized
562	to be deposited into the Highway Safety Operating Trust Fund to
563	facilitate the exchange as provided in the General
564	Appropriations Act, provided that at the conclusion of both
565	exchanges the values are equalized. This subsection expires July
566	1, 2009 2008.
567	Section 31.  In order to implement Specific Appropriations
568	2063, 2070 through 2082, 2098, 2099, 2100, 2102 through 2107,
569	2109 through 2119, and 2159 through 2169 of the 2008-2009
570	General Appropriations Act, subsection (5) of section 339.135,
571	Florida Statutes, is amended to read:
572	339.135  Work program; legislative budget request;
573	definitions; preparation, adoption, execution, and amendment.--
574	(5)(a)  ADOPTION OF THE WORK PROGRAM.--The original
575	approved budget for operational and fixed capital expenditures
576	for the department shall be the Governor's budget recommendation
577	and the first year of the tentative work program, as both are
578	amended by the General Appropriations Act and any other act
579	containing appropriations. In accordance with the appropriations
580	act, the department shall, prior to the beginning of the fiscal
581	year, adopt a final work program which shall only include the
582	original approved budget for the department for the ensuing
583	fiscal year together with any roll forwards approved pursuant to
584	paragraph (6)(c) and the portion of the tentative work program
585	for the following 4 fiscal years revised in accordance with the
586	original approved budget for the department for the ensuing
587	fiscal year together with said roll forwards. The adopted work
588	program may include only those projects submitted as part of the
589	tentative work program developed under the provisions of
590	subsection (4) plus any projects which are separately identified
591	by specific appropriation in the General Appropriations Act and
592	any roll forwards approved pursuant to paragraph (6)(c).
593	However, any transportation project of the department which is
594	identified by specific appropriation in the General
595	Appropriations Act shall be deducted from the funds annually
596	distributed to the respective district pursuant to paragraph
597	(4)(a). In addition, the department shall not in any year
598	include any project or allocate funds to a program in the
599	adopted work program that is contrary to existing law for that
600	particular year. Projects shall not be undertaken unless they
601	are listed in the adopted work program.
602	(b)  Notwithstanding paragraph (a), and for the 2008-2009
603	2007-2008 fiscal year only, the Department of Transportation
604	shall transfer funds to the Office of Tourism, Trade, and
605	Economic Development in an amount equal to $36,750,000
606	$25,400,000 for the purpose of funding transportation-related
607	needs of economic development transportation projects, space and
608	aerospace infrastructure, and other economic development
609	projects. This transfer shall not reduce, delete, or defer any
610	existing projects funded, as of July 1, 2008 2007, in the
611	Department of Transportation's 5-year work program. This
612	paragraph expires July 1, 2009 2008.
613	(c)  Notwithstanding paragraph (a) or subparagraph
614	(4)(a)1., and for the 2008-2009 2007-2008 fiscal year only, the
615	Department of Transportation shall fund projects in Specific
616	Appropriations 2063, 2071, 2077, 2079, 2102, 2106, 2109, and
617	2116 of the 2008-2009 General Appropriations Act. Funding for
618	these specific appropriations shall be from projects or phases
619	thereof within the department's fiscal year 2008-2009 work
620	program not programmed for contract letting as identified with a
621	work program contract class code 8 and the box code RV. This
622	funding shall not negatively impact safety, preservation,
623	maintenance, or project contingency levels as of July 1, 2008
624	provide funds for the Seaport Strategic Planning and Financing
625	Task Force in an amount not to exceed $75,000; the preliminary
626	engineering and environmental plans and activities for the
627	construction of an interchange on Suncoast Parkway and Lutz Fern
628	Road in an amount not to exceed $975,000; the Rehabilitation of
629	Local Bridges in an amount not to exceed $300,000; and the East
630	Winterberry Bridge Replacement in an amount not to exceed
631	$500,000. To fund these specific appropriations, the Department
632	of Transportation shall not reduce, delete, or defer any
633	existing projects funded as of July 1, 2007, in the 5-year work
634	program. This paragraph expires July 1, 2009 2008.
635	Section 32.  In order to implement Specific Appropriations
636	1511, 1586, and 1606A and section 69 of the 2008-2009 General
637	Appropriations Act, section 553.721, Florida Statutes, is
638	amended to read:
639	553.721  Surcharge.--
640	(1)  In order for the Department of Community Affairs to
641	administer and carry out the purposes of this part and related
642	activities, there is hereby created a surcharge, to be assessed
643	at the rate of one-half cent per square foot under-roof floor
644	space permitted pursuant to s. 125.56(4) or s. 166.201. However,
645	for additions, alterations, or renovations to existing
646	buildings, the surcharge shall be computed on the basis of the
647	square footage being added, altered, or renovated. The unit of
648	government responsible for collecting a permit fee pursuant to
649	s. 125.56(4) or s. 166.201 shall collect such surcharge and
650	remit the funds collected to the department on a quarterly
651	calendar basis, and such unit of government may retain an amount
652	up to 5 percent of the surcharge collected to cover costs
653	associated with the collection and remittance of such surcharge.
654	All funds remitted to the department pursuant to this subsection
655	shall be deposited in the Operating Trust Fund. Funds collected
656	from such surcharge shall not be used to fund research on
657	techniques for mitigation of radon in existing buildings. Funds
658	used by the department as well as funds to be transferred to the
659	Department of Health shall be as prescribed in the annual
660	General Appropriations Act. The department shall adopt rules
661	governing the collection and remittance of surcharges in
662	accordance with chapter 120.
663	(2)  Notwithstanding subsection (1), and for the 2008-2009
664	fiscal year only, the amount transferred from the Operating
665	Trust Fund to the Grants and Donations Trust Fund of the
666	Department of Community Affairs pursuant to the General
667	Appropriations Act for the 2008-2009 fiscal year shall be used
668	for the regional planning councils, civil legal assistance, and
669	the Front Porch Florida Initiative.
670	Section 33.  In order to implement Specific Appropriation
671	2153 of the 2008-2009 General Appropriations Act, subsection (1)
672	of section 339.08, Florida Statutes, is amended to read:
673	339.08  Use of moneys in State Transportation Trust Fund.--
674	(1)  The department shall expend moneys in the State
675	Transportation Trust Fund accruing to the department, in
676	accordance with its annual budget. The use of such moneys shall
677	be restricted to the following purposes:
678	(a)  To pay administrative expenses of the department,
679	including administrative expenses incurred by the several state
680	transportation districts, but excluding administrative expenses
681	of commuter rail authorities that do not operate rail service.
682	(b)  To pay the cost of construction of the State Highway
683	System.
684	(c)  To pay the cost of maintaining the State Highway
685	System.
686	(d)  To pay the cost of public transportation projects in
687	accordance with chapter 341 and ss. 332.003-332.007.
688	(e)  To reimburse counties or municipalities for
689	expenditures made on projects in the State Highway System as
690	authorized by s. 339.12(4) upon legislative approval.
691	(f)  To pay the cost of economic development transportation
692	projects in accordance with s. 288.063.
693	(g)  To lend or pay a portion of the operating,
694	maintenance, and capital costs of a revenue-producing
695	transportation project that is located on the State Highway
696	System or that is demonstrated to relieve traffic congestion on
697	the State Highway System.
698	(h)  To match any federal-aid funds allocated for any other
699	transportation purpose, including funds allocated to projects
700	not located in the State Highway System.
701	(i)  To pay the cost of county road projects selected in
702	accordance with the Small County Road Assistance Program created
703	in s. 339.2816.
704	(j)  To pay the cost of county or municipal road projects
705	selected in accordance with the County Incentive Grant Program
706	created in s. 339.2817, the Small County Outreach Program
707	created in s. 339.2818, and the Enhanced Bridge Program for
708	Sustainable Transportation created in s. 339.285.
709	(k)  To provide loans and credit enhancements for use in
710	constructing and improving highway transportation facilities
711	selected in accordance with the state-funded infrastructure bank
712	created in s. 339.55.
713	(l)  To pay the cost of projects on the Florida Strategic
714	Intermodal System created in s. 339.61.
715	(m)  To pay the cost of transportation projects selected in
716	accordance with the Transportation Regional Incentive Program
717	created in s. 339.2819.
718	(n)  To pay administrative expenses incurred in accordance
719	with applicable laws for a multicounty transportation or
720	expressway authority created under chapter 343 or chapter 348,
721	where jurisdiction for the authority includes a portion of the
722	State Highway System and the administrative expenses are in
723	furtherance of the duties and responsibilities of the authority
724	in the development of improvements to the State Highway System.
725	This paragraph expires July 1, 2009.
726	(o)(n)  To pay other lawful expenditures of the department.
727	Section 34.  In order to implement Specific Appropriation
728	1775 of the 2008-2009 General Appropriations Act, subsection (3)
729	of section 253.01, Florida Statutes, is amended to read:
730	253.01  Internal Improvement Trust Fund established.--
731	(3)  In addition to the uses allowed in subsection (2) for
732	the 2008-2009 2007-2008 fiscal year, moneys in the Internal
733	Improvement Trust Fund are authorized to be transferred to the
734	Ecosystem Management and Restoration Trust Fund for grants and
735	aids to local governments for the drinking water facility
736	construction state revolving loan program, water projects as
737	provided in the General Appropriations Act. This subsection
738	expires July 1, 2009 2008.
739	Section 35.  In order to implement Specific Appropriation
740	1615A of the 2008-2009 General Appropriations Act, subsection
741	(1) of section 220.183, Florida Statutes, is amended to read:
742	220.183  Community contribution tax credit.--
743	(1)  AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
744	CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
745	SPENDING.--
746	(a)  There shall be allowed a credit of 50 percent of a
747	community contribution against any tax due for a taxable year
748	under this chapter.
749	(b)  No business firm shall receive more than $200,000 in
750	annual tax credits for all approved community contributions made
751	in any one year.
752	(c)  The total amount of tax credit which may be granted
753	for all programs approved under this section, s. 212.08(5)(p),
754	and s. 624.5105 is $10.5 million annually for projects that
755	provide homeownership opportunities for low-income or very-low-
756	income households as defined in s. 420.9071(19) and (28) and
757	$3.5 million annually for all other projects.
758	(d)  All proposals for the granting of the tax credit shall
759	require the prior approval of the Office of Tourism, Trade, and
760	Economic Development.
761	(e)  If the credit granted pursuant to this section is not
762	fully used in any one year because of insufficient tax liability
763	on the part of the business firm, the unused amount may be
764	carried forward for a period not to exceed 5 years. The
765	carryover credit may be used in a subsequent year when the tax
766	imposed by this chapter for such year exceeds the credit for
767	such year under this section after applying the other credits
768	and unused credit carryovers in the order provided in s.
769	220.02(8).
770	(f)  A taxpayer who files a Florida consolidated return as
771	a member of an affiliated group pursuant to s. 220.131(1) may be
772	allowed the credit on a consolidated return basis.
773	(g)  A taxpayer who is eligible to receive the credit
774	provided for in s. 624.5105 is not eligible to receive the
775	credit provided by this section.
776	(h)  Notwithstanding paragraph (c), and for the 2008-2009
777	fiscal year only, the total amount of tax credit which may be
778	granted for all programs approved under this section, s.
779	212.08(5)(p), and s. 624.5105 is $13 million annually for
780	projects that provide homeownership opportunities for low-income
781	or very-low-income households as defined in s. 420.9071(19) and
782	(28) and $3.5 million annually for all other projects. This
783	paragraph expires June 30, 2009.
784	Section 36.  In order to implement Specific Appropriation
785	1615A of the 2008-2009 General Appropriations Act, Section
786	624.5105, Florida Statutes, is amended to read:
787	624.5105  Community contribution tax credit; authorization;
788	limitations; eligibility and application requirements;
789	administration; definitions; expiration.--
790	(1)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--
791	(a)  There shall be allowed a credit of 50 percent of a
792	community contribution against any tax due for a calendar year
793	under s. 624.509 or s. 624.510.
794	(b)  No insurer shall receive more than $200,000 in annual
795	tax credits for all approved community contributions made in any
796	one year.
797	(c)  The total amount of tax credit which may be granted
798	for all programs approved under this section and ss.
799	212.08(5)(p) and 220.183 is $10.5 million annually for projects
800	that provide homeownership opportunities for low-income or very-
801	low-income households as defined in s. 420.9071(19) and (28) and
802	$3.5 million annually for all other projects.
803	(d)  Each proposal for the granting of such tax credit
804	requires the prior approval of the director.
805	(e)  If the credit granted pursuant to this section is not
806	fully used in any one year because of insufficient tax liability
807	on the part of the insurer, the unused amount may be carried
808	forward for a period not to exceed 5 years. The carryover credit
809	may be used in a subsequent year when the tax imposed by s.
810	624.509 or s. 624.510 for such year exceeds the credit under
811	this section for such year.
812	(f)  An insurer that claims a credit against premium-tax
813	liability earned by making a community contribution under this
814	section need not pay any additional retaliatory tax levied under
815	s. 624.5091 as a result of claiming such a credit. Section
816	624.5091 does not limit such a credit in any manner.
817	(2)  ELIGIBILITY REQUIREMENTS.--
818	(a)  Each community contribution by an insurer must be in a
819	form specified in subsection (5).
820	(b)  Each community contribution must be reserved
821	exclusively for use in a project as defined in s. 220.03(1)(t).
822	(c)  The project must be undertaken by an "eligible
823	sponsor," as defined in s. 220.183(2)(c). In no event shall a
824	contributing insurer have a financial interest in the eligible
825	sponsor.
826	(d)  The project shall be located in an area designated as
827	an enterprise zone or a Front Porch Community pursuant to s.
828	20.18(6). Any project designed to construct or rehabilitate
829	housing for low-income or very-low-income households as defined
830	in s. 420.9071(19) and (28) is exempt from the area requirement
831	of this paragraph.
832	(e)1.  If, during the first 10 business days of the state
833	fiscal year, eligible tax credit applications for projects that
834	provide homeownership opportunities for low-income or very-low-
835	income households as defined in s. 420.9071(19) and (28) are
836	received for less than the annual tax credits available for
837	those projects, the Office of Tourism, Trade, and Economic
838	Development shall grant tax credits for those applications and
839	shall grant remaining tax credits on a first-come, first-served
840	basis for any subsequent eligible applications received before
841	the end of the state fiscal year. If, during the first 10
842	business days of the state fiscal year, eligible tax credit
843	applications for projects that provide homeownership
844	opportunities for low-income or very-low-income households as
845	defined in s. 420.9071(19) and (28) are received for more than
846	the annual tax credits available for those projects, the office
847	shall grant the tax credits for those applications as follows:
848	a.  If tax credit applications submitted for approved
849	projects of an eligible sponsor do not exceed $200,000 in total,
850	the credits shall be granted in full if the tax credit
851	applications are approved.
852	b.  If tax credit applications submitted for approved
853	projects of an eligible sponsor exceed $200,000 in total, the
854	amount of tax credits granted under sub-subparagraph a. shall be
855	subtracted from the amount of available tax credits, and the
856	remaining credits shall be granted to each approved tax credit
857	application on a pro rata basis.
858	2.  If, during the first 10 business days of the state
859	fiscal year, eligible tax credit applications for projects other
860	than those that provide homeownership opportunities for low-
861	income or very-low-income households as defined in s.
862	420.9071(19) and (28) are received for less than the annual tax
863	credits available for those projects, the office shall grant tax
864	credits for those applications and shall grant remaining tax
865	credits on a first-come, first-served basis for any subsequent
866	eligible applications received before the end of the state
867	fiscal year. If, during the first 10 business days of the state
868	fiscal year, eligible tax credit applications for projects other
869	than those that provide homeownership opportunities for low-
870	income or very-low-income households as defined in s.
871	420.9071(19) and (28) are received for more than the annual tax
872	credits available for those projects, the office shall grant the
873	tax credits for those applications on a pro rata basis.
874	(3)  APPLICATION REQUIREMENTS.--
875	(a)  Any eligible sponsor wishing to participate in this
876	program must submit a proposal to the Office of Tourism, Trade,
877	and Economic Development which sets forth the sponsor, the
878	project, the area in which the project is located, and such
879	supporting information as may be prescribed by rule. The
880	proposal shall also contain a resolution from the local
881	governmental unit in which the proposed project is located
882	certifying that the project is consistent with local plans and
883	regulations.
884	(b)1.  Any insurer wishing to participate in this program
885	must submit an application for tax credit to the office which
886	sets forth the sponsor; the project; and the type, value, and
887	purpose of the contribution. The sponsor must verify, in
888	writing, the terms of the application and indicate its
889	willingness to receive the contribution, which verification must
890	accompany the application for tax credit.
891	2.  The insurer must submit a separate application for tax
892	credit for each individual contribution which it proposes to
893	contribute to each individual project.
894	(4)  ADMINISTRATION.--
895	(a)1.  The Office of Tourism, Trade, and Economic
896	Development is authorized to adopt all rules necessary to
897	administer this section, including rules for the approval or
898	disapproval of proposals by insurers.
899	2.  The decision of the director shall be in writing, and,
900	if approved, the proposal shall state the maximum credit
901	allowable to the insurer. A copy of the decision shall be
902	transmitted to the executive director of the Department of
903	Revenue, who shall apply such credit to the tax liability of the
904	insurer.
905	3.  The office shall monitor all projects periodically, in
906	a manner consistent with available resources to ensure that
907	resources are utilized in accordance with this section; however,
908	each project shall be reviewed no less frequently than once
909	every 2 years.
910	4.  The Office of Tourism, Trade, and Economic Development
911	shall, in consultation with the Department of Community Affairs,
912	the Florida Housing Finance Corporation, and the statewide and
913	regional housing and financial intermediaries, market the
914	availability of the community contribution tax credit program to
915	community-based organizations.
916	(b)  The Department of Revenue shall adopt any rules
917	necessary to ensure the orderly implementation and
918	administration of this section.
919	(5)  DEFINITIONS.--For the purpose of this section:
920	(a)  "Community contribution" means the grant by an insurer
921	of any of the following items:
922	1.  Cash or other liquid assets.
923	2.  Real property.
924	3.  Goods or inventory.
925	4.  Other physical resources which are identified by the
926	department.
927	(b)  "Director" means the director of the Office of
928	Tourism, Trade, and Economic Development.
929	(c)  "Local government" means any county or incorporated
930	municipality in the state.
931	(d)  "Office" means the Office of Tourism, Trade, and
932	Economic Development.
933	(e)  "Project" means an activity as defined in s.
934	220.03(1)(t).
935	(6)  CREDIT ALLOCATIONS.--Notwithstanding paragraph (1)(c),
936	and for the 2008-2009 fiscal year only, the total amount of tax
937	credit which may be granted for all programs approved under this
938	section, s. 212.08(5)(p), and s. 220.183 is $13 million annually
939	for projects that provide homeownership opportunities for low-
940	income or very-low-income households as defined in s.
941	420.9071(19) and (28) and $3.5 million annually for all other
942	projects. This subsection expires June 30, 2009.
943	(7)(6)  EXPIRATION.--The provisions of this section, except
944	paragraph (1)(e), shall expire and be void on June 30, 2015.
945	Section 37.  In order to implement Specific Appropriation
946	1615A of the 2008-2009 General Appropriations Act, paragraph (p)
947	of subsection (5) of section 212.08, Florida Statutes, is
948	amended to read:
949	212.08  Sales, rental, use, consumption, distribution, and
950	storage tax; specified exemptions.--The sale at retail, the
951	rental, the use, the consumption, the distribution, and the
952	storage to be used or consumed in this state of the following
953	are hereby specifically exempt from the tax imposed by this
954	chapter.
955	(5)  EXEMPTIONS; ACCOUNT OF USE.--
956	(p)  Community contribution tax credit for donations.--
957	1.  Authorization.--Persons who are registered with the
958	department under s. 212.18 to collect or remit sales or use tax
959	and who make donations to eligible sponsors are eligible for tax
960	credits against their state sales and use tax liabilities as
961	provided in this paragraph:
962	a.  The credit shall be computed as 50 percent of the
963	person's approved annual community contribution.
964	b.  The credit shall be granted as a refund against state
965	sales and use taxes reported on returns and remitted in the 12
966	months preceding the date of application to the department for
967	the credit as required in sub-subparagraph 3.c. If the annual
968	credit is not fully used through such refund because of
969	insufficient tax payments during the applicable 12-month period,
970	the unused amount may be included in an application for a refund
971	made pursuant to sub-subparagraph 3.c. in subsequent years
972	against the total tax payments made for such year. Carryover
973	credits may be applied for a 3-year period without regard to any
974	time limitation that would otherwise apply under s. 215.26.
975	c.  A person may not receive more than $200,000 in annual
976	tax credits for all approved community contributions made in any
977	one year.
978	d.  All proposals for the granting of the tax credit
979	require the prior approval of the Office of Tourism, Trade, and
980	Economic Development.
981	e.  The total amount of tax credits which may be granted
982	for all programs approved under this paragraph, s. 220.183, and
983	s. 624.5105 is $10.5 million annually for projects that provide
984	homeownership opportunities for low-income or very-low-income
985	households as defined in s. 420.9071(19) and (28) and $3.5
986	million annually for all other projects.
987	f.  A person who is eligible to receive the credit provided
988	for in this paragraph, s. 220.183, or s. 624.5105 may receive
989	the credit only under the one section of the person's choice.
990	2.  Eligibility requirements.--
991	a.  A community contribution by a person must be in the
992	following form:
993	(I)  Cash or other liquid assets;
994	(II)  Real property;
995	(III)  Goods or inventory; or
996	(IV)  Other physical resources as identified by the Office
997	of Tourism, Trade, and Economic Development.
998	b.  All community contributions must be reserved
999	exclusively for use in a project. As used in this sub-
1000	subparagraph, the term "project" means any activity undertaken
1001	by an eligible sponsor which is designed to construct, improve,
1002	or substantially rehabilitate housing that is affordable to low-
1003	income or very-low-income households as defined in s.
1004	420.9071(19) and (28); designed to provide commercial,
1005	industrial, or public resources and facilities; or designed to
1006	improve entrepreneurial and job-development opportunities for
1007	low-income persons. A project may be the investment necessary to
1008	increase access to high-speed broadband capability in rural
1009	communities with enterprise zones, including projects that
1010	result in improvements to communications assets that are owned
1011	by a business. A project may include the provision of museum
1012	educational programs and materials that are directly related to
1013	any project approved between January 1, 1996, and December 31,
1014	1999, and located in an enterprise zone designated pursuant to
1015	s. 290.0065. This paragraph does not preclude projects that
1016	propose to construct or rehabilitate housing for low-income or
1017	very-low-income households on scattered sites. With respect to
1018	housing, contributions may be used to pay the following eligible
1019	low-income and very-low-income housing-related activities:
1020	(I)  Project development impact and management fees for
1021	low-income or very-low-income housing projects;
1022	(II)  Down payment and closing costs for eligible persons,
1023	as defined in s. 420.9071(19) and (28);
1024	(III)  Administrative costs, including housing counseling
1025	and marketing fees, not to exceed 10 percent of the community
1026	contribution, directly related to low-income or very-low-income
1027	projects; and
1028	(IV)  Removal of liens recorded against residential
1029	property by municipal, county, or special district local
1030	governments when satisfaction of the lien is a necessary
1031	precedent to the transfer of the property to an eligible person,
1032	as defined in s. 420.9071(19) and (28), for the purpose of
1033	promoting home ownership. Contributions for lien removal must be
1034	received from a nonrelated third party.
1035	c.  The project must be undertaken by an "eligible
1036	sponsor," which includes:
1037	(I)  A community action program;
1038	(II)  A nonprofit community-based development organization
1039	whose mission is the provision of housing for low-income or
1040	very-low-income households or increasing entrepreneurial and
1041	job-development opportunities for low-income persons;
1042	(III)  A neighborhood housing services corporation;
1043	(IV)  A local housing authority created under chapter 421;
1044	(V)  A community redevelopment agency created under s.
1045	163.356;
1046	(VI)  The Florida Industrial Development Corporation;
1047	(VII)  A historic preservation district agency or
1048	organization;
1049	(VIII)  A regional workforce board;
1050	(IX)  A direct-support organization as provided in s.
1051	1009.983;
1052	(X)  An enterprise zone development agency created under s.
1053	290.0056;
1054	(XI)  A community-based organization incorporated under
1055	chapter 617 which is recognized as educational, charitable, or
1056	scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
1057	and whose bylaws and articles of incorporation include
1058	affordable housing, economic development, or community
1059	development as the primary mission of the corporation;
1060	(XII)  Units of local government;
1061	(XIII)  Units of state government; or
1062	(XIV)  Any other agency that the Office of Tourism, Trade,
1063	and Economic Development designates by rule.
1064
1065	In no event may a contributing person have a financial interest
1066	in the eligible sponsor.
1067	d.  The project must be located in an area designated an
1068	enterprise zone or a Front Porch Florida Community pursuant to
1069	s. 20.18(6), unless the project increases access to high-speed
1070	broadband capability for rural communities with enterprise zones
1071	but is physically located outside the designated rural zone
1072	boundaries. Any project designed to construct or rehabilitate
1073	housing for low-income or very-low-income households as defined
1074	in s. 420.9071(19) and (28) is exempt from the area requirement
1075	of this sub-subparagraph.
1076	e.(I)  If, during the first 10 business days of the state
1077	fiscal year, eligible tax credit applications for projects that
1078	provide homeownership opportunities for low-income or very-low-
1079	income households as defined in s. 420.9071(19) and (28) are
1080	received for less than the annual tax credits available for
1081	those projects, the Office of Tourism, Trade, and Economic
1082	Development shall grant tax credits for those applications and
1083	shall grant remaining tax credits on a first-come, first-served
1084	basis for any subsequent eligible applications received before
1085	the end of the state fiscal year. If, during the first 10
1086	business days of the state fiscal year, eligible tax credit
1087	applications for projects that provide homeownership
1088	opportunities for low-income or very-low-income households as
1089	defined in s. 420.9071(19) and (28) are received for more than
1090	the annual tax credits available for those projects, the office
1091	shall grant the tax credits for those applications as follows:
1092	(A)  If tax credit applications submitted for approved
1093	projects of an eligible sponsor do not exceed $200,000 in total,
1094	the credits shall be granted in full if the tax credit
1095	applications are approved.
1096	(B)  If tax credit applications submitted for approved
1097	projects of an eligible sponsor exceed $200,000 in total, the
1098	amount of tax credits granted pursuant to sub-sub-sub-
1099	subparagraph (A) shall be subtracted from the amount of
1100	available tax credits, and the remaining credits shall be
1101	granted to each approved tax credit application on a pro rata
1102	basis.
1103	(II)  If, during the first 10 business days of the state
1104	fiscal year, eligible tax credit applications for projects other
1105	than those that provide homeownership opportunities for low-
1106	income or very-low-income households as defined in s.
1107	420.9071(19) and (28) are received for less than the annual tax
1108	credits available for those projects, the office shall grant tax
1109	credits for those applications and shall grant remaining tax
1110	credits on a first-come, first-served basis for any subsequent
1111	eligible applications received before the end of the state
1112	fiscal year. If, during the first 10 business days of the state
1113	fiscal year, eligible tax credit applications for projects other
1114	than those that provide homeownership opportunities for low-
1115	income or very-low-income households as defined in s.
1116	420.9071(19) and (28) are received for more than the annual tax
1117	credits available for those projects, the office shall grant the
1118	tax credits for those applications on a pro rata basis.
1119	3.  Application requirements.--
1120	a.  Any eligible sponsor seeking to participate in this
1121	program must submit a proposal to the Office of Tourism, Trade,
1122	and Economic Development which sets forth the name of the
1123	sponsor, a description of the project, and the area in which the
1124	project is located, together with such supporting information as
1125	is prescribed by rule. The proposal must also contain a
1126	resolution from the local governmental unit in which the project
1127	is located certifying that the project is consistent with local
1128	plans and regulations.
1129	b.  Any person seeking to participate in this program must
1130	submit an application for tax credit to the office which sets
1131	forth the name of the sponsor, a description of the project, and
1132	the type, value, and purpose of the contribution. The sponsor
1133	shall verify the terms of the application and indicate its
1134	receipt of the contribution, which verification must be in
1135	writing and accompany the application for tax credit. The person
1136	must submit a separate tax credit application to the office for
1137	each individual contribution that it makes to each individual
1138	project.
1139	c.  Any person who has received notification from the
1140	office that a tax credit has been approved must apply to the
1141	department to receive the refund. Application must be made on
1142	the form prescribed for claiming refunds of sales and use taxes
1143	and be accompanied by a copy of the notification. A person may
1144	submit only one application for refund to the department within
1145	any 12-month period.
1146	4.  Administration.--
1147	a.  The Office of Tourism, Trade, and Economic Development
1148	may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary
1149	to administer this paragraph, including rules for the approval
1150	or disapproval of proposals by a person.
1151	b.  The decision of the office must be in writing, and, if
1152	approved, the notification shall state the maximum credit
1153	allowable to the person. Upon approval, the office shall
1154	transmit a copy of the decision to the Department of Revenue.
1155	c.  The office shall periodically monitor all projects in a
1156	manner consistent with available resources to ensure that
1157	resources are used in accordance with this paragraph; however,
1158	each project must be reviewed at least once every 2 years.
1159	d.  The office shall, in consultation with the Department
1160	of Community Affairs and the statewide and regional housing and
1161	financial intermediaries, market the availability of the
1162	community contribution tax credit program to community-based
1163	organizations.
1164	5.  Notwithstanding sub-subparagraph 1.e., and for the
1165	2008-2009 fiscal year only, the total amount of tax credit which
1166	may be granted for all programs approved under this section, s.
1167	220.183, and s. 624.5105 is $13 million annually for projects
1168	that provide homeownership opportunities for low-income or very-
1169	low-income households as defined in s. 420.9071(19) and (28) and
1170	$3.5 million annually for all other projects. This subparagraph
1171	expires June 30, 2009.
1172	6.5.  Expiration.--This paragraph expires June 30, 2015;
1173	however, any accrued credit carryover that is unused on that
1174	date may be used until the expiration of the 3-year carryover
1175	period for such credit.
1176	Section 38.  In order to implement Specific Appropriation
1177	1819 of the 2008-2009 General Appropriations Act, subsection (7)
1178	is added to section 403.7095, Florida Statutes, to read:
1179	403.7095  Solid waste management grant program.--
1180	(7)(a)  Notwithstanding any provision of this section to
1181	the contrary, and for the 2008-2009 fiscal year only, the
1182	Department of Environmental Protection shall award:
1183	1.  The sum of $9,428,773 in grants equally to counties
1184	having populations of fewer than 100,000 for waste tire and
1185	litter prevention, recycling education, and general solid waste
1186	programs.
1187	2,  The sum of $2,000,781 to be used for the Innovative
1188	Grant Program.
1189	(b)  This subsection expires July 1, 2009.
1190	Section 39.  In order to implement Specific Appropriation
1191	1336 through 1496 of the 2008-2009 General Appropriations Act,
1192	section 570.20, Florida Statutes, is amended to read:
1193	570.20  General Inspection Trust Fund.--
1194	(1)  All donations and all inspection fees and other funds
1195	authorized and received from whatever source in the enforcement
1196	of the inspection laws administered by the department shall be
1197	paid into the General Inspection Trust Fund of Florida, which is
1198	created in the office of the Chief Financial Officer. All
1199	expenses incurred in carrying out the provisions of the
1200	inspection laws shall be paid from this fund as other funds are
1201	paid from the State Treasury. A percentage of all revenue
1202	deposited in this fund, including transfers from any subsidiary
1203	accounts, shall be deposited in the General Revenue Fund
1204	pursuant to chapter 215, except that funds collected for
1205	marketing orders shall pay at the rate of 3 percent.
1206	(2)  For the 2008-2009 2007-2008 fiscal year only and
1207	notwithstanding any other provision of law to the contrary, in
1208	addition to the spending authorized in subsection (1), moneys in
1209	the General Inspection Trust Fund may be appropriated for
1210	programs operated by the department which are related to the
1211	programs authorized by this chapter. This subsection expires
1212	July 1, 2009 2008.
1213	Section 40.  In order to implement Specific Appropriations
1214	relating to the Florida Forever Act and notwithstanding chapter
1215	216, Florida Statutes, the Executive Office of the Governor is
1216	authorized to transfer funds between fixed capital outlay
1217	categories and between departments and establish new fixed
1218	capital outlay categories contingent upon the distribution
1219	formula as specified in CS/CS/SB 542 or similar legislation, if
1220	such legislation becomes law. This section expires July 1, 2009.
1221	Section 41.  In order to implement Specific Appropriation
1222	1778 of the 2008-2009 General Appropriations Act, subsection (5)
1223	is added to section 373.1961, Florida Statutes, to read:
1224	373.1961  Water production; general powers and duties;
1225	identification of needs; funding criteria; economic incentives;
1226	reuse funding.--
1227	(5)  FUNDING FOR ALTERNATIVE WATER SUPPLY.--Notwithstanding
1228	subsection (3), and for the 2008-2009 fiscal year only,
1229	$5,000,000 provided for alternative water supply shall be
1230	allocated as shown in the General Appropriations Act. This
1231	subsection expires July 1, 2009.
1232	Section 42.  In order to implement Specific Appropriations
1233	1767 and 1772C of the 2008-2009 General Appropriations Act,
1234	subsections (3) and (4) of section 403.890, Florida Statutes,
1235	are renumbered as subsections (4) and (5), respectively, and a
1236	subsection (3) is added to that section to read:
1237	403.890  Water Protection and Sustainability Program;
1238	intent; goals; purposes.--
1239	(3)  In addition to the uses allowed in subsection (1) for
1240	the 2008-2009 fiscal year, moneys in the Water Protection and
1241	Sustainability Program Trust Fund shall be transferred to the
1242	Ecosystem Management and Restoration Trust Fund for grants and
1243	aids to local governments for water projects as provided in the
1244	General Appropriations Act. This subsection expires July 1,
1245	2009.
1246	Section 43.  In order to implement Specific Appropriations
1247	1767 and 1772C of the 2008-2009 General Appropriations Act,
1248	subsection (3) of section 375.041, Florida Statutes, is amended
1249	to read:
1250	375.041  Land Acquisition Trust Fund.--
1251	(3)(a)  Any moneys in the Land Acquisition Trust Fund which
1252	are not pledged for rentals or debt service as provided in
1253	subsection (2) may be expended from time to time to acquire
1254	land, water areas, and related resources and to construct,
1255	improve, enlarge, extend, operate, and maintain capital
1256	improvements and facilities in accordance with the plan.
1257	(b)  In addition to the uses allowed in paragraph (a), for
1258	the 2008-2009 2006-2007 fiscal year, moneys in the Land
1259	Acquisition Trust Fund are authorized for expenditure or
1260	transfer to the Ecosystem Management and Restoration Trust Fund
1261	for grants and aids to local governments for water projects as
1262	provided in the General Appropriations Act Florida Forever Trust
1263	Fund and the Save Our Everglades Trust Fund to support the
1264	programs authorized in chapters 259 and 373. This paragraph
1265	expires July 1, 2009 2007.
1266	Section 44.  In order to implement Specific Appropriation
1267	1799 of the 2008-2009 General Appropriations Act, paragraph (c)
1268	of subsection (5) of section 376.3071, Florida Statutes, is
1269	amended to read:
1270	376.3071  Inland Protection Trust Fund; creation; purposes;
1271	funding.--
1272	(5)  SITE SELECTION AND CLEANUP CRITERIA.--
1273	(c)  The department shall require source removal, if
1274	warranted and cost-effective, at each site eligible for
1275	restoration funding from the Inland Protection Trust Fund.
1276	1.  Funding for free product recovery may be provided in
1277	advance of the order established by the priority ranking system
1278	under paragraph (a) for site cleanup activities. However, a
1279	separate prioritization for free product recovery shall be
1280	established consistent with paragraph (a). No more than $5
1281	million shall be encumbered from the Inland Protection Trust
1282	Fund in any fiscal year for free product recovery conducted in
1283	advance of the priority order under paragraph (a) established
1284	for site cleanup activities.
1285	2.  Funding for limited interim soil-source removals for
1286	sites that will become inaccessible for future remediation due
1287	to road infrastructure and right-of-way restrictions resulting
1288	from a pending Department of Transportation road construction
1289	project or for secondary containment upgrading of underground
1290	storage tanks required under chapter 62-761, Florida
1291	Administrative Code, may be provided in advance of the order
1292	established by the priority ranking system under paragraph (a)
1293	for site cleanup activities. The department shall provide
1294	written guidance on the limited source removal information and
1295	technical evaluation necessary to justify a request for a
1296	limited source removal in advance of the priority order pursuant
1297	to paragraph (a) established for site cleanup activities.
1298	Prioritization for limited source removal projects associated
1299	with a secondary containment upgrade in any fiscal year shall be
1300	determined on a first-come, first-served basis according to the
1301	approval date issued under s. 376.30711 for the limited source
1302	removal. Funding for limited source removals associated with
1303	secondary containment upgrades shall be limited to 10 sites in
1304	each fiscal year for each facility owner and any related person.
1305	The limited source removal for secondary containment upgrades
1306	shall be completed no later than 6 months after the department
1307	issues its approval of the project, and the approval
1308	automatically expires at the end of the 6 months. Funding for
1309	Department of Transportation and secondary containment upgrade
1310	source removals may not exceed $50,000 for a single facility
1311	unless the department makes a determination that it is cost-
1312	effective and environmentally beneficial to exceed this amount,
1313	but in no event shall the department authorize costs in excess
1314	of $100,000 for a single facility. Department funding for
1315	limited interim soil-source removals associated with Department
1316	of Transportation projects and secondary containment upgrades
1317	shall be limited to supplemental soil assessment, soil
1318	screening, soil removal, backfill material, treatment or
1319	disposal of the contaminated soil, dewatering related to the
1320	contaminated soil removal in an amount of up to 10 percent of
1321	the total interim soil-source removal project costs, treatment,
1322	and disposal of the contaminated groundwater and preparation of
1323	the source removal report. No other costs associated with the
1324	facility upgrade may be paid with department funds. No more than
1325	$1 million for Department of Transportation limited source
1326	removal projects and $10 million for secondary containment
1327	upgrade limited source removal projects conducted in advance of
1328	the priority order established under paragraph (a) for site
1329	cleanup activities shall be encumbered from the Inland
1330	Protection Trust Fund in any fiscal year. This subparagraph is
1331	repealed effective June 30, 2009 2008.
1332	3.  Once free product removal and other source removal
1333	identified in this paragraph are completed at a site, and
1334	notwithstanding the order established by the priority ranking
1335	system under paragraph (a) for site cleanup activities, the
1336	department may reevaluate the site to determine the degree of
1337	active cleanup needed to continue site rehabilitation. Further,
1338	the department shall determine if the reevaluated site qualifies
1339	for natural attenuation monitoring or no further action. If
1340	additional site rehabilitation is necessary to reach no further
1341	action status, the site rehabilitation shall be conducted in the
1342	order established by the priority ranking system under paragraph
1343	(a) and the department is encouraged to utilize natural
1344	attenuation and monitoring where site conditions warrant.
1345	Section 45.  In order to implement section 38 of the 2008-
1346	2009 General Appropriations Act, subsection (1) of section
1347	373.472, Florida Statutes, is amended to read:
1348	373.472  Save Our Everglades Trust Fund.--
1349	(1)(a)  There is created within the Department of
1350	Environmental Protection the Save Our Everglades Trust Fund.
1351	Funds in the trust fund shall be expended to implement the
1352	comprehensive plan defined in s. 373.470(2)(a), the Lake
1353	Okeechobee Watershed Protection Plan defined in s. 373.4595(2),
1354	the Caloosahatchee River Watershed Protection Plan defined in s.
1355	373.4595(2), and the St. Lucie River Watershed Protection Plan
1356	defined in s. 373.4595(2), and to pay debt service for
1357	Everglades restoration bonds issued pursuant to s. 215.619. The
1358	trust fund shall serve as the repository for state, local, and
1359	federal project contributions in accordance with s. 373.470(4).
1360	(b)  For the 2008-2009 fiscal year only, the uses and
1361	purposes of the trust fund specified in paragraph (a) are not
1362	applicable. This paragraph expires July 1, 2009.
1363	Section 46.  In order to implement Specific Appropriation
1364	1448 of the 2008-2009 General Appropriations Act, and
1365	notwithstanding section 287.057, Florida Statutes, the
1366	Department of Agriculture and Consumer Services, at its
1367	discretion, is authorized to extend, revise, and renew current
1368	contracts or agreements created or entered into, pursuant to
1369	chapter 2006-25, Laws of Florida, in order to provide
1370	consistency and continuity in agriculture promotion throughout
1371	the state. This section expires July 1, 2009.
1372	Section 47.  (1)  The Governor may recommend to the
1373	Legislative Budget Commission, and the Legislative Budget
1374	Commission may approve, a budget amendment or amendments to
1375	transfer funds from the Budget Stabilization Fund to the General
1376	Revenue Fund.
1377	(2)  If the transfers from the Budget Stabilization Fund
1378	authorized in subsection (1) are insufficient to address
1379	deficits in the General Revenue Fund, the Governor may
1380	recommend, and the Legislative Budget Commission may approve, a
1381	budget amendment or amendments to transfer funds from the Lawton
1382	Chiles Endowment Fund to the General Revenue Fund,
1383	notwithstanding the provisions of s. 215.5601, Florida Statutes,
1384	to the contrary. Any expenditure from the Lawton Chiles
1385	Endowment Fund made pursuant to this subsection must be restored
1386	by making five equal annual transfers from the General Revenue
1387	Fund, beginning in the third fiscal year following that in which
1388	the expenditure was made.
1389	(3)  This section is intended to implement section 77 of
1390	the 2008-2009 General Appropriations Act relating to the use of
1391	state funds to offset General Revenue Fund deficits certified
1392	pursuant to s. 216.221, Florida Statutes. Actions taken pursuant
1393	to this section shall be in lieu of any other actions taken
1394	pursuant to ss. 216.221 and 216.222, Florida Statutes, to
1395	address such deficits.
1396	(4)  This section shall take effect upon becoming a law and
1397	shall expire June 30, 2009.
1398	Section 48.  Effective upon this act becoming a law, in
1399	order to implement Specific Appropriations 640, 656, and 658A of
1400	the 2008-2009 General Appropriations Act, subsection (4) of
1401	section 215.5601, Florida Statutes, is amended to read:
1402	215.5601  Lawton Chiles Endowment Fund.--
1403	(4)  ADMINISTRATION.--
1404	(a)  The board may invest and reinvest funds of the
1405	endowment in accordance with s. 215.47 and consistent with an
1406	investment policy statement developed by the executive director
1407	and approved by the board.
1408	(b)  The endowment shall be managed as an annuity. The
1409	investment objective shall be long-term preservation of the real
1410	value of the net contributed principal and a specified regular
1411	annual cash outflow for appropriation, as nonrecurring revenue.
1412	From the annual cash outflow, a pro rata share shall be used
1413	solely for biomedical research activities as provided in
1414	paragraph (3)(d), until such time as cures are found for
1415	tobacco-related cancer and heart and lung disease. Five percent
1416	of the annual cash outflow dedicated to the biomedical research
1417	portion of the endowment shall be reinvested and applied to that
1418	portion of the endowment's principal, with the remainder to be
1419	spent on biomedical research activities consistent with this
1420	section. The schedule of annual cash outflow shall be included
1421	within the investment plan adopted under paragraph (a).
1422	Withdrawals other than specified regular cash outflow shall be
1423	considered reductions in contributed principal for the purposes
1424	of this subsection.
1425	(c)  In accordance with s. 215.44, the board shall include
1426	separate sections on the financial status of the endowment in
1427	its annual investment report to the Legislature.
1428	(d)  Accountability for funds from the endowment which have
1429	been appropriated to a state agency and distributed by the board
1430	shall reside with the state agency. The board is not responsible
1431	for the proper expenditure of or accountability concerning funds
1432	from the endowment after distribution to a state agency.
1433	(e)  Costs and fees of the board for investment services
1434	shall be deducted from the earnings accruing to the endowment.
1435	Fees for investment services shall be no greater than fees
1436	charged to the Florida Retirement System.
1437	Section 49.  The amendment of s. 215.5601(4), Florida
1438	Statutes, made by this act shall expire July 1, 2009, and the
1439	text of that subsection shall revert to that in existence on
1440	June 30, 2008, except that any amendments to such text enacted
1441	other than by this act shall be preserved and continue to
1442	operate to the extent that such amendments are not dependent
1443	upon the portions of such text which expire pursuant to this
1444	section.
1445	Section 50.  In order to implement the issuance of new debt
1446	authorized in the 2008-2009 General Appropriations Act, and
1447	pursuant to the requirements of s. 215.98, Florida Statutes, the
1448	Legislature determines that the authorization and issuance of
1449	debt for the 2008-2009 fiscal year is in the best interest of
1450	the state and should be implemented. This section expires July
1451	1, 2009.
1452	Section 51.  In order to implement the transfer of moneys
1453	to the General Revenue Fund from trust funds in the 2008-2009
1454	General Appropriations Act, paragraph (b) of subsection (2) of
1455	section 215.32, Florida Statutes, is reenacted to read:
1456	215.32  State funds; segregation.--
1457	(2)  The source and use of each of these funds shall be as
1458	follows:
1459	(b)1.  The trust funds shall consist of moneys received by
1460	the state which under law or under trust agreement are
1461	segregated for a purpose authorized by law. The state agency or
1462	branch of state government receiving or collecting such moneys
1463	shall be responsible for their proper expenditure as provided by
1464	law. Upon the request of the state agency or branch of state
1465	government responsible for the administration of the trust fund,
1466	the Chief Financial Officer may establish accounts within the
1467	trust fund at a level considered necessary for proper
1468	accountability. Once an account is established within a trust
1469	fund, the Chief Financial Officer may authorize payment from
1470	that account only upon determining that there is sufficient cash
1471	and releases at the level of the account.
1472	2.  In addition to other trust funds created by law, to the
1473	extent possible, each agency shall use the following trust funds
1474	as described in this subparagraph for day-to-day operations:
1475	a.  Operations or operating trust fund, for use as a
1476	depository for funds to be used for program operations funded by
1477	program revenues, with the exception of administrative
1478	activities when the operations or operating trust fund is a
1479	proprietary fund.
1480	b.  Operations and maintenance trust fund, for use as a
1481	depository for client services funded by third-party payors.
1482	c.  Administrative trust fund, for use as a depository for
1483	funds to be used for management activities that are departmental
1484	in nature and funded by indirect cost earnings and assessments
1485	against trust funds. Proprietary funds are excluded from the
1486	requirement of using an administrative trust fund.
1487	d.  Grants and donations trust fund, for use as a
1488	depository for funds to be used for allowable grant or donor
1489	agreement activities funded by restricted contractual revenue
1490	from private and public nonfederal sources.
1491	e.  Agency working capital trust fund, for use as a
1492	depository for funds to be used pursuant to s. 216.272.
1493	f.  Clearing funds trust fund, for use as a depository for
1494	funds to account for collections pending distribution to lawful
1495	recipients.
1496	g.  Federal grant trust fund, for use as a depository for
1497	funds to be used for allowable grant activities funded by
1498	restricted program revenues from federal sources.
1499
1500	To the extent possible, each agency must adjust its internal
1501	accounting to use existing trust funds consistent with the
1502	requirements of this subparagraph. If an agency does not have
1503	trust funds listed in this subparagraph and cannot make such
1504	adjustment, the agency must recommend the creation of the
1505	necessary trust funds to the Legislature no later than the next
1506	scheduled review of the agency's trust funds pursuant to s.
1507	215.3206.
1508	3.  All such moneys are hereby appropriated to be expended
1509	in accordance with the law or trust agreement under which they
1510	were received, subject always to the provisions of chapter 216
1511	relating to the appropriation of funds and to the applicable
1512	laws relating to the deposit or expenditure of moneys in the
1513	State Treasury.
1514	4.a.  Notwithstanding any provision of law restricting the
1515	use of trust funds to specific purposes, unappropriated cash
1516	balances from selected trust funds may be authorized by the
1517	Legislature for transfer to the Budget Stabilization Fund and
1518	General Revenue Fund in the General Appropriations Act.
1519	b.  This subparagraph does not apply to trust funds
1520	required by federal programs or mandates; trust funds
1521	established for bond covenants, indentures, or resolutions whose
1522	revenues are legally pledged by the state or public body to meet
1523	debt service or other financial requirements of any debt
1524	obligations of the state or any public body; the State
1525	Transportation Trust Fund; the trust fund containing the net
1526	annual proceeds from the Florida Education Lotteries; the
1527	Florida Retirement System Trust Fund; trust funds under the
1528	management of the State Board of Education or the Board of
1529	Governors of the State University System, where such trust funds
1530	are for auxiliary enterprises, self-insurance, and contracts,
1531	grants, and donations, as those terms are defined by general
1532	law; trust funds that serve as clearing funds or accounts for
1533	the Chief Financial Officer or state agencies; trust funds that
1534	account for assets held by the state in a trustee capacity as an
1535	agent or fiduciary for individuals, private organizations, or
1536	other governmental units; and other trust funds authorized by
1537	the State Constitution.
1538	Section 52.  In order to implement Specific Appropriations
1539	2751 and 2752 of the 2008-2009 General Appropriations Act:
1540	(1)  Notwithstanding the provisions of section 11.13(1),
1541	Florida Statutes, relating to the annual adjustment of salaries
1542	for members of the Legislature, to the contrary, for the 2008-
1543	2009 fiscal year only, the authorized salaries of members of the
1544	Legislature in effect on June 30, 2008, shall be reduced by 5
1545	percent.
1546	(2)  Effective June 30, 2009, the annual salaries of
1547	members of the Legislature shall be set at the amounts
1548	authorized and in effect on June 30, 2008.
1549	(3)  This section expires July 1, 2009.
1550	Section 53.  A section of this act that implements a
1551	specific appropriation or specifically identified proviso
1552	language in the 2008-2009 General Appropriations Act is void if
1553	the specific appropriation or specifically identified proviso
1554	language is vetoed. A section of this act that implements more
1555	than one specific appropriation or more than one portion of
1556	specifically identified proviso language in the 2008-2009
1557	General Appropriations Act is void if all the specific
1558	appropriations or portions of specifically identified proviso
1559	language are vetoed.
1560	Section 54.  If any other act passed in 2008 contains a
1561	provision that is substantively the same as a provision in this
1562	act, but that removes or is otherwise not subject to the future
1563	repeal applied to such provision by this act, the Legislature
1564	intends that the provision in the other act shall take
1565	precedence and shall continue to operate, notwithstanding the
1566	future repeal provided by this act.
1567	Section 55.  If any provision of this act or its
1568	application to any person or circumstance is held invalid, the
1569	invalidity does not affect other provisions or applications of
1570	the act which can be given effect without the invalid provision
1571	or application, and to this end the provisions of this act are
1572	severable.
1573	Section 56.  Except as otherwise expressly provided in this
1574	act and except for this section, which shall take effect upon
1575	this act becoming a law, this act shall take effect July 1,
1576	2008; or, if this act fails to become a law until after that
1577	date, it shall take effect upon becoming a law and shall operate
1578	retroactively to July 1, 2008.
1579
1580
1581	-----------------------------------------------------
1582	T I T L E  A M E N D M E N T
1583	Remove the entire title and insert:
1584	A bill to be entitled
1585	An act implementing the 2008-2009 General Appropriations
1586	Act; providing legislative intent; incorporating by
1587	reference certain calculations of the Florida Education
1588	Finance Program for the 2008-2009 fiscal year; amending s.
1589	394.908, F.S.; requiring that funds appropriated for
1590	forensic mental health treatment services be allocated to
1591	the areas of the state having the greatest demand for
1592	services and treatment capacity; providing allocation
1593	requirements for specified funds appropriated for mental
1594	health services; requiring the Department of Children and
1595	Family Services to ensure information is entered into the
1596	Florida Safe Families Network; requiring coordination
1597	between the department and the Office of the State Courts
1598	Administrator and the Statewide Guardian Ad Litem Office
1599	to provide information relating to child welfare cases;
1600	requiring a report to the Governor and Legislature;
1601	amending s. 287.057, F.S.; authorizing the Department of
1602	Health to enter into an agreement with a specified private
1603	contractor to finance, design, and construct a hospital
1604	for the treatment of patients with active tuberculosis;
1605	requiring the Agency for Health Care Administration to
1606	study the effects of certain required minimum nursing home
1607	staffing ratios and report to the Governor and
1608	Legislature; prohibiting the agency from imposing
1609	sanctions related to such staffing ratios; authorizing the
1610	Department of Corrections and the Department of Juvenile
1611	Justice to make certain expenditures to defray costs
1612	incurred by a municipality or county as a result of
1613	opening or operating a facility under authority of the
1614	respective department; amending s. 216.262, F.S.;
1615	providing for additional positions to operate additional
1616	prison bed capacity under certain circumstances;
1617	authorizing the Department of Legal Affairs to expend
1618	appropriated funds on programs funded in the preceding
1619	fiscal year; amending s. 932.7055, F.S.; extending the
1620	expiration date of provisions authorizing the expenditure
1621	of funds in a special law enforcement trust fund
1622	established by the governing body of a municipality;
1623	specifying certain limitations on reimbursements to a
1624	health care provider or hospital by the Department of
1625	Corrections; providing an exception for hospitals that
1626	reported a negative operating margin for the prior year;
1627	requiring that contract rates of the Department of
1628	Corrections be based on a percentage of the Medicare
1629	allowable rate; authorizing the Department of Legal
1630	Affairs to transfer certain funds to pay salaries and
1631	benefits; amending s. 112.061, F.S.; providing for certain
1632	reimbursement for travel expenses of Supreme Court
1633	justices; amending s. 112.24, F.S.; providing conditions
1634	on the assignment of an employee of a state agency without
1635	reimbursement from the receiving agency; authorizing the
1636	Executive Office of the Governor to transfer funds between
1637	departments for purposes of aligning amounts paid for risk
1638	management premiums and for purposes of aligning amounts
1639	paid for human resource management services; amending s.
1640	110.123, F.S.; providing for the state's monthly
1641	contribution for employees under the state group insurance
1642	program; amending s. 255.503, F.S.; delaying the
1643	expiration of provisions authorizing the Department of
1644	Management Services to sell, lease, or otherwise dispose
1645	of facilities within the Florida Facilities Pool and
1646	report to the Legislature, the Governor, and the Division
1647	of Bond Finance; reenacting s. 287.17(3)(a) and (6), F.S.;
1648	authorizing the use of state aircraft for commuting;
1649	providing for the future expiration of certain amendments
1650	to such provisions; amending s. 61.1824, F.S.; requiring
1651	electronic disbursement of certain payments made to the
1652	State Disbursement Unit; amending s. 409.2558, F.S.;
1653	requiring electronic disbursement of certain payments made
1654	to the State Disbursement Unit; authorizing the Department
1655	of Revenue to extend the length of a specified contract;
1656	offsetting reductions in ad valorem tax revenue
1657	experienced by fiscally constrained counties occurring as
1658	a direct result of the implementation of revisions of
1659	Article VII of the State Constitution approved in the
1660	special election held on January 29, 2008; amending s.
1661	255.518, F.S.; revising provisions relating to payment of
1662	obligations during the construction of any facility
1663	financed by such obligations; authorizing the Department
1664	of Financial Services to expend certain funds for salaries
1665	and related expenses; amending s. 215.559, F.S.; providing
1666	for allocation of funds appropriated to the Hurricane Loss
1667	Mitigation Program for specified purposes; amending s.
1668	253.034, F.S.; delaying the expiration of provisions
1669	authorizing the deposit of funds from the sale of property
1670	located in Palm Beach County into the Highway Safety
1671	Operating Trust Fund by the Department of Highway Safety
1672	and Motor Vehicles; amending s. 339.135, F.S.; delaying
1673	the expiration of provisions requiring the Department of
1674	Transportation to transfer funds to the Office of Tourism,
1675	Trade, and Economic Development for the purpose of funding
1676	transportation-related needs of economic development
1677	transportation projects, space and aerospace
1678	infrastructure, and other economic development projects;
1679	amending s. 553.721, F.S.; providing for the proceeds from
1680	the surcharge collected by the Department of Community
1681	Affairs on building additions and renovations to be used
1682	to fund regional planning councils, civil legal
1683	assistance, and the Front Porch Florida Initiative;
1684	amending s. 339.08, F.S.; providing for administrative
1685	expenses from the State Transportation Trust Fund;
1686	amending s. 253.01, F.S.; providing for moneys in the
1687	Internal Improvement Trust Fund to be used for grants and
1688	aids to local governments for the drinking water facility
1689	construction state revolving loan program; amending ss.
1690	212.08, 220.183, and 624.5105, F.S.; providing allocations
1691	and limitations on community contribution tax credits;
1692	amending s. 403.7095, F.S.; authorizing the Department of
1693	Environmental Protection to award funds under the solid
1694	waste management grant program for certain purposes;
1695	amending s. 570.20, F.S.; delaying the expiration of
1696	provisions authorizing moneys in the General Inspection
1697	Trust Fund to be appropriated for certain programs
1698	operated by the Department of Agriculture and Consumer
1699	Services; providing fund transfer authority relating to
1700	the Florida Forever Act; amending s. 373.1961, F.S.;
1701	providing that funding for alternative water supply shall
1702	be allocated as shown in the General Appropriations Act;
1703	amending s. 403.890, F.S.; authorizing transfer of moneys
1704	in the Water Protection and Sustainability Program Trust
1705	Fund to the Ecosystem Management and Restoration Trust
1706	Fund for grants and aids to local governments for water
1707	projects as provided in the General Appropriations Act;
1708	amending s. 375.041, F.S.; authorizing transfer of moneys
1709	in the Land Acquisition Trust Fund to the Ecosystem
1710	Management and Restoration Trust Fund for grants and aids
1711	to local governments for water projects as provided in the
1712	General Appropriations Act; amending s. 376.3071, F.S.;
1713	extending use of funds in the Inland Protection Trust Fund
1714	for certain limited interim soil-source removals;
1715	providing for the authorization and issuance of new debt;
1716	amending s. 373.472, F.S.; suspending certain uses and
1717	purposes of the Save Our Everglades Trust Fund;
1718	authorizing the Department of Agriculture and Consumer
1719	Services, at its discretion, to extend, revise, and renew
1720	certain contracts or agreements in order to provide
1721	consistency and continuity in agriculture promotion
1722	throughout the state; authorizing and providing conditions
1723	for the transfer of funds from the Budget Stabilization
1724	Fund or the Lawton Chiles Endowment Fund to the General
1725	Revenue Fund; amending s. 215.5601, F.S.; revising the
1726	investment objective of the Lawton Chiles Endowment Fund
1727	and providing construction with respect thereto; providing
1728	intent with respect to the issuance of debt; reenacting s.
1729	215.32(2)(b), F.S., relating to the source and use of
1730	certain trust funds in order to implement the transfer of
1731	moneys in the General Revenue Fund from trust funds in the
1732	2008-2009 General Appropriations Act; providing for
1733	reduction in legislator salaries; providing for future
1734	expiration of various provisions; providing for reversion
1735	of statutory text of certain provisions; providing for the
1736	effect of a veto of one or more specific appropriations or
1737	proviso to which implementing language refers; providing
1738	for the continued operation of certain provisions
1739	notwithstanding a future repeal or expiration provided by
1740	the act; providing for severability; providing effective
1741	dates.

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