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Senator Carlton moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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

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implementing and administering provisions of this act apply to

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

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     Section 2. In order to implement Specific Appropriations 6,

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

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the calculations of the Florida Education Finance Program for the

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

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

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

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by reference for the purposes of displaying the calculations used

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by the Legislature, consistent with the requirements of the

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Florida Statutes, in making appropriations for the Florida

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Education Finance Program.

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     Section 3. In order to implement Specific Appropriation 464

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of the 2008-2009 General Appropriations Act, and notwithstanding

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

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

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appropriated in Specific Appropriation 464 shall be allocated to

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the areas of the state having the greatest demand for services

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

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     Section 4. In order to implement Specific Appropriation 397

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of the 2008-2009 General Appropriations Act, and notwithstanding

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

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trust funds appropriated in Specific Appropriation 397 shall be

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allocated as specified in the General Appropriations Act.

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     Section 5. In order to implement Specific Appropriations

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

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Department of Children and Family Services shall ensure that all

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public and private agencies and institutions participating in

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child welfare cases enter information specified by rule of the

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department into the Florida Safe Families Network in order to

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maintain the accuracy and usefulness of the system. The Florida

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Safe Families Network is intended to be the department's

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automated child welfare case-management system designed to

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provide child welfare workers with a mechanism for managing child

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welfare cases more efficiently and tracking children and families

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more effectively. The department shall coordinate with the Office

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of the State Courts Administrator and the Statewide Guardian Ad

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Litem Office for the purpose of providing any judge or magistrate

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and any guardian ad litem assigned to a dependency court case

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with access to information in the Florida Safe Families Network

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

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

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

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

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Senate, and the Speaker of the House of Representatives by

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

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the Florida Safe Families Network as provided in this section.

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This section expires July 1, 2009.

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     Section 6. In order to fulfill legislative intent regarding

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

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

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Department of Corrections and the Department of Juvenile Justice

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may expend appropriated funds to assist in defraying the costs of

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impacts that are incurred by a municipality or county and

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associated with opening or operating a facility under the

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authority of the respective department which is located within

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

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

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facility construction cost, less building impact fees imposed by

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

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the unincorporated portion of the county. This section expires

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July 1, 2009.

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     Section 7.  In order to implement Specific Appropriations

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

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

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Statutes, is amended to read:

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     216.262  Authorized positions.--

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     (4)  Notwithstanding the provisions of this chapter on

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

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

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inmate population of the Department of Corrections exceeds the

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

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Criminal Justice Estimating Conference by 1 percent for 2

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consecutive months or 2 percent for any month, the Executive

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Office of the Governor, with the approval of the Legislative

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Budget Commission, shall immediately notify the Criminal Justice

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Estimating Conference, which shall convene as soon as possible to

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revise the estimates. The Department of Corrections may then

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submit a budget amendment requesting the establishment of

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positions in excess of the number authorized by the Legislature

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and additional appropriations from unallocated general revenue

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sufficient to provide for essential staff, fixed capital

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improvements, and other resources to provide classification,

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security, food services, health services, and other variable

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expenses within the institutions to accommodate the estimated

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increase in the inmate population. All actions taken pursuant to

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the authority granted in this subsection shall be subject to

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review and approval by the Legislative Budget Commission. This

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subsection expires July 1, 2009 2008.

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     Section 8. In order to implement Specific Appropriations

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

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Department of Legal Affairs is authorized to expend appropriated

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funds in Specific Appropriations 1301 and 1302 on the same

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programs that were funded by the department pursuant to specific

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appropriations made in general appropriations acts in prior

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years.

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     Section 9.  In order to implement Specific Appropriation

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

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

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     932.7055  Disposition of liens and forfeited property.--

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

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be disbursed in the following priority:

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

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court in the forfeiture proceedings.

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

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connection with the storage, maintenance, security, and

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forfeiture of such property.

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     (c)  Payment of court costs incurred in the forfeiture

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proceeding.

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     (d)  Notwithstanding any other provision of this subsection,

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

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special law enforcement trust fund established by the governing

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body of a municipality may be expended to reimburse the general

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fund of the municipality for moneys advanced from the general

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fund to the special law enforcement trust fund prior to October

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

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     Section 10.  In order to implement Specific Appropriation

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

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

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     985.686  Shared county and state responsibility for juvenile

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detention.--

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

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care, exclusive of the costs of any preadjudicatory nonmedical

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educational or therapeutic services and $2.5 million provided for

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additional medical and mental health care at the detention

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

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court disposition. The department shall develop an accounts

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payable system to allocate costs that are payable by the

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counties.

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     Section 11. The amendment to s. 985.686(3), Florida

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

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

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

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except that any amendments to such text enacted other than by

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

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that such amendments are not dependent upon the portions of such

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text which expire pursuant to this section.

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     Section 12. In order to implement Specific Appropriation

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

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of Corrections shall comply with the following reimbursement

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limitations:

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     (1) If no contract exists between the Department of

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Corrections and the health care provider or hospital regarding

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services, payments may not exceed 110 percent of the Medicare

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allowable rate.

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

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of Corrections and the health care provider or hospital, payments

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shall continue at the currently contracted rates through the

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

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

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payments may not exceed 110 percent of Medicare allowable rate.

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

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contract with a health care provider or hospital, the payments

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may not exceed 110 percent of the Medicare allowable rate.

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

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

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pay up to 125 percent of the Medicare allowable rate for

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hospitals that reported to the Agency for Health Care

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Administration, through hospital audited financial data, a

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negative operating margin for the previous year.

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The Department of Corrections may not negotiate contracts for

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medical services for rates other than rates based on a percentage

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of the Medicare allowable rate.

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     Section 13. In order to implement Specific Appropriations

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

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Appropriations Act, moneys in the Invasive Plant Control Trust

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Fund are authorized to be transferred to the Save Our Everglades

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Trust Fund for Everglades restoration projects and to the

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Ecosystem Management and Restoration Trust Fund for the Water

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Restoration Action Plan, as provided in the General

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Appropriations Act. This section expires July 1, 2009.

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     Section 14.  In order to implement Specific Appropriations

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

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

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

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Laws of Florida, is amended to read:

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     201.15  Distribution of taxes collected.--All taxes

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collected under this chapter shall be distributed as follows and

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

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except that such service charge shall not be levied against any

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

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

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amounts relating to the bonds:

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

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of the remaining taxes collected under this chapter or $34.1

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

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

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

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

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the General Appropriations Act.

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     Section 15. In order to implement the appropriation of

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funds in Special Categories-Risk Management Insurance of the

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

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

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the Executive Office of the Governor is authorized to transfer

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funds appropriated in the appropriation category "Special

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Categories-Risk Management Insurance" of the 2008-2009 General

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Appropriations Act between departments in order to align the

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budget authority granted with the premiums paid by each

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department for risk management insurance. This section expires

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July 1, 2009.

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     Section 16. In order to implement the appropriation of

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funds in Special Categories-Transfer to Department of Management

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Services-Human Resources Services Purchased Per Statewide

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Contract of the 2008-2009 General Appropriations Act, and

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

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216.177, Florida Statutes, the Executive Office of the Governor

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is authorized to transfer funds appropriated in the appropriation

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category "Special Categories-Transfer to Department of Management

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Services-Human Resources Services Purchased Per Statewide

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Contract" of the 2008-2009 General Appropriations Act between

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departments in order to align the budget authority granted with

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the assessments that must be paid by each agency to the

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Department of Management Services for human resource management

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services. This section expires July 1, 2009.

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     Section 17.  In order to implement Specific Appropriation

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

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

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     253.01  Internal Improvement Trust Fund established.--

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

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

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Improvement Trust Fund are authorized to be transferred to the

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Ecosystem Management and Restoration Trust Fund for grants and

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aids to local governments for the drinking water facility

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construction state revolving loan program, water projects as

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provided in the General Appropriations Act. This subsection

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expires July 1, 2009 2008.

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     Section 18.  In order to implement Specific Appropriations

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

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

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to read:

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     255.503  Powers of the Department of Management

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

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the authority necessary to carry out and effectuate the purposes

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

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authority to:

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

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facilities in the pool in accordance with applicable law.

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

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recommends to the Division of State Lands of the Department of

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Environmental Protection the disposition of any facility within

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the Florida Facilities Pool, the department shall provide to the

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President of the Senate, the Speaker of the House of

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Representatives, the Executive Office of the Governor, and the

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Division of Bond Finance of the State Board of Administration an

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analysis that includes:

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     1.  The cost benefit of the proposed facility disposition,

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including the facility's current operating expenses, condition,

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and market value, and viable alternatives for work space for

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impacted state employees.

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     2.  The effect of the proposed facility disposition on the

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financial status of the Florida Facilities Pool, including the

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effect on rental rates and coverage requirement for the bonds.

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This paragraph expires July 1, 2009 2008.

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     Section 19.  In order to implement Specific Appropriations

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

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

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287.17, Florida Statutes, are reenacted to read:

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

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

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construed to permit the use of a motor vehicle for commuting

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purposes, unless special assignment of a motor vehicle is

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authorized as a perquisite by the Department of Management

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Services, required by an employee after normal duty hours to

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perform duties of the position to which assigned, or authorized

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

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

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traveling on state aircraft for purposes consistent with, but not

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necessarily constituting, official state business may travel only

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when accompanying persons who are traveling on official state

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

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

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person traveling on state aircraft for purposes other than

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official state business shall pay for any trip not exclusively

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

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

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such aircraft.

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

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

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

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

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

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

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shall be preserved and continue to operate to the extent that

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such amendments are not dependent upon the portions of such text

294

which expire pursuant to this section.

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     Section 21. Notwithstanding s. 403.7095, Florida Statutes,

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in order to implement Specific Appropriation 1819 of the 2008-

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2009 General Appropriations Act, the Department of Environmental

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Protection shall award:

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

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

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litter prevention, recycling education, and general solid waste

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programs.

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

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Grant Program.

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This section expires July 1, 2009.

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     Section 22.  In order to implement Specific Appropriation

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

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section 570.20, Florida Statutes, is amended to read:

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     570.20  General Inspection Trust Fund.--

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

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authorized and received from whatever source in the enforcement

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of the inspection laws administered by the department shall be

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

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created in the office of the Chief Financial Officer. All

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expenses incurred in carrying out the provisions of the

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

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paid from the State Treasury. A percentage of all revenue

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deposited in this fund, including transfers from any subsidiary

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accounts, shall be deposited in the General Revenue Fund pursuant

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to chapter 215, except that funds collected for marketing orders

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shall pay at the rate of 3 percent.

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

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notwithstanding any other provision of law to the contrary, in

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

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the General Inspection Trust Fund may be appropriated for

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programs operated by the department which are related to the

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programs authorized by this chapter. This subsection expires July

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1, 2009 2008.

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     Section 23. In order to implement Specific Appropriations

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

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

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notwithstanding any conflicting requirements of section 4 of

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

335

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

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

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personnel services, and related expenses.

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

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2009 General Appropriations Act, subsection (13) of section

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253.034, Florida Statutes, is amended to read:

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     253.034  State-owned lands; uses.--

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     (13)  Notwithstanding the provisions of this section, funds

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

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Motor Vehicles located in Palm Beach County are authorized to be

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deposited into the Highway Safety Operating Trust Fund to

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facilitate the exchange as provided in the General Appropriations

347

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

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

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     Section 25.  In order to implement Specific Appropriation

350

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

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

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amended to read:

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     320.08058  Specialty license plates.--

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

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

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distributed as follows:

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

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Professional Sports Team plate must be deposited into the

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Professional Sports Development Trust Fund within the Office of

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

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used solely to attract and support major sports events in this

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

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

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contests of Major League Baseball, the National Basketball

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Association, the National Football League, the National Hockey

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

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Association Final Four basketball championship, or a horseracing

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

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

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the Florida Sports Foundation.

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     2.  The remaining proceeds of the Florida Professional

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Sports Team license plate must be allocated to the Florida Sports

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Foundation, a direct-support organization of the Office of

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

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deposited into the Professional Sports Development Trust Fund

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

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These funds must be used by the Florida Sports Foundation to

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promote the economic development of the sports industry; to

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distribute licensing and royalty fees to participating

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professional sports teams; to promote education programs in

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Florida schools that provide an awareness of the benefits of

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physical activity and nutrition standards; to partner with the

383

Department of Education and the Department of Health to develop a

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program that recognizes schools whose students demonstrate

385

excellent physical fitness or fitness improvement; to institute a

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grant program for communities bidding on minor sporting events

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

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to Florida-based charities designated by the Florida Sports

389

Foundation and the participating professional sports teams; and

390

to fulfill the sports promotion responsibilities of the Office of

391

Tourism, Trade, and Economic Development.

392

     3.  The Florida Sports Foundation shall provide an annual

393

financial audit in accordance with s. 215.981 of its financial

394

accounts and records by an independent certified public

395

accountant pursuant to the contract established by the Office of

396

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

397

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

398

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

399

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

400

certify the audit report to the Auditor General for review.

401

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

402

notwithstanding the provisions of subparagraphs 1. and 2.,

403

proceeds from the Professional Sports Development Trust Fund may

404

also be used for operational expenses of the Florida Sports

405

Foundation and financial support of the Sunshine State Games.

406

This subparagraph expires July 1, 2009 2008.

407

     Section 26.  In order to implement Specific Appropriation

408

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

409

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

410

     339.135  Work program; legislative budget request;

411

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

412

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

413

budget for operational and fixed capital expenditures for the

414

department shall be the Governor's budget recommendation and the

415

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

416

the General Appropriations Act and any other act containing

417

appropriations. In accordance with the appropriations act, the

418

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

419

adopt a final work program which shall only include the original

420

approved budget for the department for the ensuing fiscal year

421

together with any roll forwards approved pursuant to paragraph

422

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

423

following 4 fiscal years revised in accordance with the original

424

approved budget for the department for the ensuing fiscal year

425

together with said roll forwards. The adopted work program may

426

include only those projects submitted as part of the tentative

427

work program developed under the provisions of subsection (4)

428

plus any projects which are separately identified by specific

429

appropriation in the General Appropriations Act and any roll

430

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

431

transportation project of the department which is identified by

432

specific appropriation in the General Appropriations Act shall be

433

deducted from the funds annually distributed to the respective

434

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

435

department shall not in any year include any project or allocate

436

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

437

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

438

undertaken unless they are listed in the adopted work program.

439

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

440

2007-2008 fiscal year only, the Department of Transportation

441

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

442

Economic Development in an amount equal to $60 million

443

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

444

transportation projects. This transfer shall not reduce, delete,

445

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

446

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

447

paragraph expires July 1, 2009 2008.

448

     (c)  Notwithstanding paragraph (a), and for the 2007-2008

449

fiscal year only, the Department of Transportation shall provide

450

funds for the Seaport Strategic Planning and Financing Task Force

451

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

452

and environmental plans and activities for the construction of an

453

interchange on Suncoast Parkway and Lutz Fern Road in an amount

454

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

455

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

456

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

457

specific appropriations, the Department of Transportation shall

458

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

459

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

460

July 1, 2008.

461

     Section 27.  In order to implement Specific Appropriations

462

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

463

Appropriations Act, section 553.721, Florida Statutes, is amended

464

to read:

465

     553.721  Surcharge.--

466

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

467

administer and carry out the purposes of this part and related

468

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

469

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

470

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

471

for additions, alterations, or renovations to existing buildings,

472

the surcharge shall be computed on the basis of the square

473

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

474

government responsible for collecting a permit fee pursuant to s.

475

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

476

the funds collected to the department on a quarterly calendar

477

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

478

percent of the surcharge collected to cover costs associated with

479

the collection and remittance of such surcharge. All funds

480

remitted to the department pursuant to this subsection shall be

481

deposited in the Operating Trust Fund. Funds collected from such

482

surcharge shall not be used to fund research on techniques for

483

mitigation of radon in existing buildings. Funds used by the

484

department as well as funds to be transferred to the Department

485

of Health shall be as prescribed in the annual General

486

Appropriations Act. The department shall adopt rules governing

487

the collection and remittance of surcharges in accordance with

488

chapter 120.

489

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

490

fiscal year only, the amount transferred from the Operating Trust

491

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

492

Community Affairs pursuant to the General Appropriations Act for

493

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

494

councils, civil legal assistance, and the Front Porch Florida

495

Initiative.

496

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

497

authorized in the 2008-2009 General Appropriations Act, and

498

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

499

Legislature determines that the authorization and issuance of

500

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

501

state and should be implemented.

502

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

503

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

504

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

505

section 215.32, Florida Statutes, is reenacted to read:

506

     215.32  State funds; segregation.--

507

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

508

follows:

509

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

510

the state which under law or under trust agreement are segregated

511

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

512

state government receiving or collecting such moneys shall be

513

responsible for their proper expenditure as provided by law. Upon

514

the request of the state agency or branch of state government

515

responsible for the administration of the trust fund, the Chief

516

Financial Officer may establish accounts within the trust fund at

517

a level considered necessary for proper accountability. Once an

518

account is established within a trust fund, the Chief Financial

519

Officer may authorize payment from that account only upon

520

determining that there is sufficient cash and releases at the

521

level of the account.

522

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

523

extent possible, each agency shall use the following trust funds

524

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

525

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

526

depository for funds to be used for program operations funded by

527

program revenues, with the exception of administrative activities

528

when the operations or operating trust fund is a proprietary

529

fund.

530

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

531

depository for client services funded by third-party payors.

532

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

533

funds to be used for management activities that are departmental

534

in nature and funded by indirect cost earnings and assessments

535

against trust funds. Proprietary funds are excluded from the

536

requirement of using an administrative trust fund.

537

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

538

for funds to be used for allowable grant or donor agreement

539

activities funded by restricted contractual revenue from private

540

and public nonfederal sources.

541

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

542

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

543

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

544

funds to account for collections pending distribution to lawful

545

recipients.

546

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

547

funds to be used for allowable grant activities funded by

548

restricted program revenues from federal sources.

549

550

To the extent possible, each agency must adjust its internal

551

accounting to use existing trust funds consistent with the

552

requirements of this subparagraph. If an agency does not have

553

trust funds listed in this subparagraph and cannot make such

554

adjustment, the agency must recommend the creation of the

555

necessary trust funds to the Legislature no later than the next

556

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

557

215.3206.

558

     3.  All such moneys are hereby appropriated to be expended

559

in accordance with the law or trust agreement under which they

560

were received, subject always to the provisions of chapter 216

561

relating to the appropriation of funds and to the applicable laws

562

relating to the deposit or expenditure of moneys in the State

563

Treasury.

564

     4.a.  Notwithstanding any provision of law restricting the

565

use of trust funds to specific purposes, unappropriated cash

566

balances from selected trust funds may be authorized by the

567

Legislature for transfer to the Budget Stabilization Fund and

568

General Revenue Fund in the General Appropriations Act.

569

     b.  This subparagraph does not apply to trust funds required

570

by federal programs or mandates; trust funds established for bond

571

covenants, indentures, or resolutions whose revenues are legally

572

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

573

financial requirements of any debt obligations of the state or

574

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

575

fund containing the net annual proceeds from the Florida

576

Education Lotteries; the Florida Retirement System Trust Fund;

577

trust funds under the management of the State Board of Education

578

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

579

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

580

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

581

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

582

accounts for the Chief Financial Officer or state agencies; trust

583

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

584

capacity as an agent or fiduciary for individuals, private

585

organizations, or other governmental units; and other trust funds

586

authorized by the State Constitution.

587

     Section 30. Any section of this act which implements a

588

specific appropriation or specifically identified proviso

589

language in the act making appropriations for the 2008-2009

590

fiscal year is void if the specific appropriation or specifically

591

identified proviso language is vetoed. Any section of this act

592

which implements more than one specific appropriation or more

593

than one portion of specifically identified proviso language in

594

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

595

void if all the specific appropriations or portions of

596

specifically identified proviso language are vetoed.

597

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

598

provision that is substantively the same as a provision in this

599

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

600

repeal applied to such provision by this act, the Legislature

601

intends that the provision in the other act shall take precedence

602

and shall continue to operate, notwithstanding the future repeal

603

provided by this act.

604

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

605

to any person or circumstance is held invalid, the invalidity

606

does not affect other provisions or applications of the act which

607

can be given effect without the invalid provision or application,

608

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

609

     Section 33.  Except as otherwise expressly provided in this

610

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

611

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

612

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

613

2008.

614

615

================ T I T L E  A M E N D M E N T ================

616

And the title is amended as follows:

617

     Delete everything before the enacting clause

618

and insert:

619

A bill to be entitled

620

An act implementing the 2008-2009 General Appropriations

621

Act; providing legislative intent; incorporating by

622

reference certain calculations of the Florida Education

623

Finance Program for the 2008-2009 fiscal year; providing

624

for allocating funds for alcohol, drug abuse, and mental

625

health services to areas of the state having the greatest

626

demand for services and treatment capacity and as

627

specified in the General Appropriations Act; requiring the

628

Department of Children and Family Services to ensure

629

information is entered into the Florida Safe Families

630

Network; requiring coordination between the department and

631

the Office of the State Courts Administrator and the

632

Statewide Guardian Ad Litem Office to provide information

633

relating to child welfare cases; requiring a report to the

634

Governor and Legislature; providing for future expiration

635

of such provisions; authorizing the Department of

636

Corrections and the Department of Juvenile Justice to

637

expend funds to defray the cost of impacts incurred by a

638

municipality or county which are associated with a

639

facility operated by each respective department; providing

640

for future expiration of such authorization; amending s.

641

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

642

authorizing additional positions to operate added prison

643

bed capacity; authorizing the Department of Legal Affairs

644

to expend funds for certain programs pursuant to specific

645

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

646

expiration date of provisions authorizing the expenditure

647

of funds in a special law enforcement trust fund

648

established by the governing body of a municipality;

649

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

650

of costs of providing detention care for juveniles;

651

providing for the future expiration of certain amendments

652

to such provisions; specifying certain limitations on

653

reimbursements to a health care provider or hospital by

654

the Department of Corrections; providing an exception for

655

hospitals that reported a negative operating margin for

656

the prior year; requiring that contract rates of the

657

Department of Corrections be based on a percentage of the

658

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

659

providing for moneys in the Invasive Plant Control Trust

660

Fund from the excise tax on documents to be used for

661

Everglades restoration and for the Water Resource Action

662

Plan; authorizing the transfer of moneys in the Invasive

663

Plant Control Trust Fund to the Save Our Everglades Trust

664

Fund and the Ecosystem Management and Restoration Trust

665

Fund; authorizing the Executive Office of the Governor to

666

transfer certain specified funds between departments for

667

purposes of paying risk management insurance; providing

668

for expiration of such authority; authorizing the

669

Executive Office of the Governor to transfer certain

670

specified funds between departments for purposes of paying

671

for human resource management services; providing for

672

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

673

providing for moneys in the Internal Improvement Trust

674

Fund to be used for grants and aids to local governments

675

for the drinking water facility construction state

676

revolving loan program; providing for future expiration of

677

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

678

expiration of provisions authorizing the Department of

679

Management Services to sell, lease, or otherwise dispose

680

of facilities within the Florida Facilities Pool and

681

report to the Legislature, the Governor, and the Division

682

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

683

authorizing the use of state aircraft for commuting;

684

providing for the future expiration of certain amendments

685

to such provisions; requiring the Department of

686

Environmental Protection to award funds to certain small

687

counties for programs in liter prevention, recycling and

688

solid waste programs, and the Innovation Grant Program;

689

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

690

provisions authorizing moneys in the General Inspection

691

Trust Fund to be appropriated for certain programs

692

operated by the Department of Agriculture and Consumer

693

Services; authorizing the Department of Financial Services

694

to expend certain funds for salaries, other personnel

695

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

696

delaying the expiration of provisions authorizing the

697

deposit of funds from the sale of property located in Palm

698

Beach County into the Highway Safety Operating Trust Fund

699

by the Department of Highway Safety and Motor Vehicles;

700

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

701

provisions authorizing proceeds from the Professional

702

Sports Development Trust Fund to be used for operational

703

expenses of the Florida Sports Foundation and financial

704

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

705

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

706

Department of Transportation to transfer funds to the

707

Office of Tourism, Trade, and Economic Development for the

708

purpose of funding economic development transportation

709

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

710

proceeds from the surcharge collected by the Department of

711

Community Affairs on building additions and renovations to

712

be used to fund regional planning councils, civil legal

713

assistance, and the Front Porch Florida Initiative;

714

providing for the authorization and issuance of new debt;

715

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

716

and use of certain trust funds in order to implement the

717

transfer of moneys in the General Revenue Fund from trust

718

funds in the 2008-2009 General Appropriations Act;

719

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

720

appropriations or proviso provisions to which implementing

721

language refers; providing for the continued operation of

722

certain provisions notwithstanding a future repeal or

723

expiration provided by the act; providing for

724

severability; providing for contingent retroactive

725

application; providing effective dates.

4/10/2008  8:30:00 AM     23-07283-08