HB 5003

1
A bill to be entitled
2An act implementing the 2008-2009 General Appropriations
3Act; providing legislative intent; amending s. 1001.451,
4F.S.; revising the incentive grant amounts for regional
5consortium service organizations; amending s. 1012.225,
6F.S.; revising the dates when Merit Award Program plans
7must be submitted; amending s. 394.908, F.S.; requiring
8that funds appropriated for forensic mental health
9treatment services be allocated to the areas of the state
10having the greatest demand for services and treatment
11capacity; providing allocation requirements for specified
12funds appropriated for mental health services; providing
13for a health care collaborative action network and
14discount health care pilot program in Miami-Dade County;
15authorizing the Executive Office of the Governor to
16approve the increase in nonoperating transfer budget
17authority for trust funds in the Department of Children
18and Family Services; authorizing the Department of
19Corrections and the Department of Juvenile Justice to make
20certain expenditures to defray costs incurred by a
21municipality or county as a result of opening or operating
22a facility under authority of the respective department;
23amending s. 216.262, F.S.; providing for additional
24positions to operate additional prison bed capacity under
25certain circumstances; amending s. 216.292, F.S.;
26authorizing certain transfers of appropriations for
27operations from general revenue between budget categories
28and entities of the criminal conflict and civil regional
29counsels and the budget category for child dependency and
30civil conflict cases within the Justice Administrative
31Commission; providing for future expiration of such
32provisions; authorizing the Department of Legal Affairs to
33expend appropriated funds on programs funded in the
34preceding fiscal year; authorizing the Department of Legal
35Affairs to transfer certain funds to pay salaries and
36benefits; amending s. 112.24, F.S.; providing
37circumstances under which a receiving party is not
38required to pay certain reimbursement costs for a state
39employee pursuant to an intergovernmental interchange;
40authorizing the Executive Office of the Governor to
41transfer funds between departments for purposes of
42aligning amounts paid for risk management premiums and for
43purposes of aligning amounts paid for human resource
44management services; amending s. 110.123, F.S.; providing
45for the state's monthly contribution for employees under
46the state group insurance program; authorizing the
47Department of Financial Services to expend certain funds
48for salaries and related expenses; amending s. 215.5595,
49F.S.; revising legislative findings; providing for
50appropriated state funds to be exchanged for surplus notes
51issued by residential property insurers under the program;
52revising the conditions and requirements for providing
53funds to insurers under the program; requiring a
54commitment by the insurer to meet minimum premium-to-
55surplus writing ratios for residential property insurance
56and for taking policies out of Citizens Property Insurance
57Corporation; authorizing the State Board of Administration
58to charge a fee for late payments; providing that
59amendments made by the act do not affect the terms of
60surplus notes approved prior to a specified date;
61authorizing the State Board of Administration and an
62insurer to renegotiate such terms consistent with such
63amendments; requiring Citizens Property Insurance
64Corporation to transfer funds to the General Revenue Fund
65for appropriation by the Legislature for program purposes;
66amending s. 252.373, F.S.; requiring the Division of
67Emergency Management to provide emergency power generators
68to special-needs hurricane evacuation shelters from the
69Emergency Management, Preparedness, and Assistance Trust
70Fund; amending s. 215.559, F.S.; requiring the Division of
71Emergency Management to provide emergency power generators
72to special-needs hurricane evacuation shelters from the
73Grants and Donations Trust Fund; amending s. 288.1088,
74F.S.; requiring the availability of incentives to
75stimulate economic growth in certain rural areas; amending
76s. 553.75, F.S.; authorizing the use of communication
77media technology at certain meetings of the Florida
78Building Commission; amending s. 259.032, F.S.; authorizes
79the transfer of funds from the Conservation and Recreation
80Lands Trust Fund for certain cleanup and beach restoration
81activities; providing for reversion of certain provisions;
82amending s. 216.221, F.S.; providing for conditions under
83which the Governor is authorized to request a transfer of
84funds from the Budget Stabilization Fund to the General
85Revenue Fund; amending s. 215.5601, F.S.; providing for
86conditions under which the Governor is authorized to
87request a transfer of funds from the Lawton Chiles
88Endowment Fund to the General Revenue Fund and providing
89for a schedule of repayment; providing for the effect of a
90veto of one or more specific appropriations or proviso to
91which implementing language refers; providing for the
92continued operation of certain provisions notwithstanding
93a future repeal or expiration provided by the act;
94providing for severability; providing effective dates.
95
96Be It Enacted by the Legislature of the State of Florida:
97
98     Section 1.  It is the intent of the Legislature that the
99implementing and administering provisions of this act apply to
100the General Appropriations Act for the 2008-2009 fiscal year.
101     Section 2.  In order to implement Specific Appropriation
102101 of the 2008-2009 General Appropriations Act, paragraph (a)
103of subsection (2) of section 1001.451, Florida Statutes, is
104amended to read:
105     1001.451  Regional consortium service organizations.--In
106order to provide a full range of programs to larger numbers of
107students, minimize duplication of services, and encourage the
108development of new programs and services:
109     (2)(a)1.  Each regional consortium service organization
110that consists of four or more school districts is eligible to
111receive, through the Department of Education, an incentive grant
112of $50,000 per school district and eligible member to be used
113for the delivery of services within the participating school
114districts. The determination of services and use of such funds
115shall be established by the board of directors of the regional
116consortium service organization. The funds shall be distributed
117to each regional consortium service organization no later than
11830 days following the release of the funds to the department.
119     2.  For the 2008-2009 fiscal year only, the amount of the
120incentive grant authorized under subparagraph 1. is reduced by 4
121percent to $48,000 per school district and eligible member. This
122subparagraph expires July 1, 2009.
123     Section 3.  In order to implement Specific Appropriation 81
124of the 2008-2009 General Appropriations Act, subsection (5) of
125section 1012.225, Florida Statutes, is amended to read:
126     1012.225  Merit Award Program for Instructional Personnel
127and School-Based Administrators.--
128     (5)  REVIEW OF PERFORMANCE-BASED PAY PLANS.--
129     (a)  Each participating district school board must submit
130its Merit Award Program plan for the 2008-2009 fiscal year to
131the Commissioner of Education for review by October 1, 2008 of
132each year. The plan must include the negotiated, district-
133adopted plan or charter school adopted plan if the district does
134not submit a plan intended for use in the following year. The
135commissioner shall complete a review of each plan submitted and
136determine compliance with the requirements of this section by
137November 15 of each year. If a submitted plan fails to meet the
138requirements of this section, the commissioner must identify in
139writing the specific revisions that are required. Revised plans
140must be finalized and resubmitted by a school district, or by a
141charter school if the district does not submit a plan, for the
142commissioner's review by January 31 of each year. The
143commissioner shall certify those school district or charter
144school plans that do not comply with this section to the
145Governor, the President of the Senate, and the Speaker of the
146House of Representatives by February 15 of each year.
147     (b)  Any charter school that does not follow the school
148district's salary schedule may adopt its own performance-based
149plan in accordance with this section. Charter school proposals
150shall be included with the school district plans or may be
151submitted independently if the district does not submit a plan.
152     (c)  Each district school board shall establish a procedure
153to annually review both the assessment and compensation
154components of its plan in order to determine compliance with
155this section. After this review and by October 1 of each year,
156the district school board shall submit a report to the
157Commissioner of Education, along with supporting documentation
158that will enable the commissioner to verify the district's
159compliance with this section during the prior school year. The
160commissioner shall submit a report to the Governor, the
161President of the Senate, and the Speaker of the House of
162Representatives certifying those school district or charter
163school plans that do not comply with this section or whose plans
164were not implemented in accordance with this section by December
1651 of each year.
166     (d)  For purposes of the 2007-2008 school year, the plan
167submitted as required in paragraph (a) applies to the 2007-2008
168school year as well as the 2008-2009 school year. Thereafter,
169all plans submitted and approved within the timelines set forth
170in paragraph (a) apply to the following school year.
171     Section 4.  The amendments to s. 1012.225(5), Florida
172Statutes, made by this act shall expire July 1, 2009, and the
173text of that section shall revert to that in existence on June
17430, 2008, except that any amendments to such text enacted other
175than by this act shall be preserved and continue to operate to
176the extent that such amendments are not dependent upon the
177portions of such text which expire pursuant to this section.
178     Section 5.  In order to implement Specific Appropriations
179376 through 415 of the 2008-2009 General Appropriations Act,
180subsection (3) of section 394.908, Florida Statutes, is amended
181to read:
182     394.908  Substance abuse and mental health funding equity;
183distribution of appropriations.--In recognition of the
184historical inequity in the funding of substance abuse and mental
185health services for the department's districts and regions and
186to rectify this inequity and provide for equitable funding in
187the future throughout the state, the following funding process
188shall be used:
189     (3)(a)  Any additional funding beyond the 2005-2006 fiscal
190year base appropriation for alcohol, drug abuse, and mental
191health services shall be allocated to districts for substance
192abuse and mental health services based on:
193     1.(a)  Epidemiological estimates of disabilities that apply
194to the respective target populations.
195     2.(b)  A pro rata share distribution that ensures districts
196below the statewide average funding level per person in each
197target population of "persons in need" receive funding necessary
198to achieve equity.
199     (b)  Notwithstanding paragraph (a) and for the 2008-2009
200fiscal year only, funds appropriated for forensic mental health
201treatment services shall be allocated to the areas of the state
202having the greatest demand for services and treatment capacity.
203This paragraph expires July 1, 2009.
204     (c)  Notwithstanding paragraph (a) and for the 2008-2009
205fiscal year only, additional funds appropriated for mental
206health services from funds available through the Community-Based
207Medicaid Administrative Claiming Program shall be allocated as
208provided in the 2008-2009 General Appropriations Act and in
209proportion to contributed provider earnings. Where these mental
210health funds are used in lieu of funds from the General Revenue
211Fund, the allocation of funds shall be unchanged from the
212allocation for those funds for the 2007-2008 fiscal year. This
213paragraph expires July 1, 2009.
214     Section 6.  Health care collaborative action network and
215discount health care pilot program.--
216     (1)  In order to implement Specific Appropriation 588 of
217the 2008-2009 General Appropriations Act, the Department of
218Health shall develop and establish a health care collaborative
219action network as a 1-year pilot program in Miami-Dade County.
220     (2)  In order to implement the pilot program, the Miami-
221Dade County Health Department shall:
222     (a)  Establish an alliance of hospitals, federally
223qualified health centers, free clinics, physician groups and
224other health care providers in Miami-Dade County for the purpose
225of increasing access to and coordination of care. Approval of a
226certificate of need by the Agency for Health Care Administration
227for any provider in Miami-Dade County during the 1-year pilot
228program shall be contingent on that provider actively
229participating in the alliance. The Department of Health shall
230require all contract providers in Miami-Dade County to
231participate in the alliance as a condition of the contract and
232shall impose this requirement on all future contracts entered
233into during the 1-year pilot program and amend all existing
234contracts to reflect this requirement.
235     (b)  Ensure coordination of service delivery, increased
236access to health care, enhanced cooperation among participating
237network providers, elimination of duplication, and establishment
238of a medical home for all patients served by members of the
239network.
240     (c)  Establish a discount health care card program and
241negotiate with provider members of the alliance to establish
242discounted charges for services provided to enrollees in the
243discount health care card program. Approval of a certificate of
244need by the Agency for Health Care Administration for any
245provider in Miami-Dade County during the 1-year pilot program
246shall be contingent on that provider actively participating in
247the discount health care card program. The Department of Health
248shall require all contract providers in Miami-Dade County to
249participate in the discount health care card program as a
250condition of the contract and shall impose this requirement on
251all future contracts entered into during the 1-year pilot
252program and amend all existing contracts to reflect this
253requirement.
254     (d)  Ensure that the discount health care card is available
255to any uninsured resident of Miami-Dade County with a family
256income below 200 percent of the federal poverty level.
257Reimbursement or payment for health care services by a
258participant's health insurance policy or health plan or other
259coverage contract shall be governed by the terms of that
260contract.
261     (e)  Ensure that primary care services, either for free or
262at a discount rate, are made available to all uninsured and
263underserved populations in Miami-Dade County by the network
264members.
265     (f)  Encourage participating providers to create and
266maintain an electronic medical record for each Miami-Dade County
267resident who participates in the pilot program.
268     (3)  On January 1, 2009, the department shall submit to the
269Governor, the President of the Senate, and the Speaker of the
270House of Representatives a report on the success and outcomes
271achieved by the pilot program, which must include a
272recommendation as to whether the pilot program should be
273continued, terminated, or expanded in the next fiscal year.
274     (4)  This section expires July 1, 2009.
275     Section 7.  In order to implement Specific Appropriations
276290 through 469 of the 2008-2009 General Appropriations Act and
277notwithstanding the provisions of chapter 216, Florida Statutes,
278the Executive Office of the Governor, in consultation with the
279Legislature, may approve the increase in nonoperating transfer
280budget authority for trust funds in the Department of Children
281and Family Services to continue programs authorized by the 2008-
2822009 General Appropriations Act. This section expires July 1,
2832009.
284     Section 8.  In order to fulfill legislative intent
285regarding the use of funds contained in Specific Appropriations
286721L, 721X, 721AI, and 1146 of the 2008-2009 General
287Appropriations Act, the Department of Corrections and the
288Department of Juvenile Justice may expend appropriated funds to
289assist in defraying the costs of impacts that are incurred by a
290municipality or county and associated with opening or operating
291a facility under the authority of the respective department
292which is located within that municipality or county. The amount
293that is to be paid under this section for any facility may not
294exceed 1 percent of the facility construction cost, less
295building impact fees imposed by the municipality or by the
296county if the facility is located in the unincorporated portion
297of the county. This section expires July 1, 2009.
298     Section 9.  In order to implement Specific Appropriations
299721A through 760H and 780 through 806 of the 2008-2009 General
300Appropriations Act, subsection (4) of section 216.262, Florida
301Statutes, is amended to read:
302     216.262  Authorized positions.--
303     (4)  Notwithstanding the provisions of this chapter on
304increasing the number of authorized positions, and for the 2008-
3052009 2007-2008 fiscal year only, if the actual inmate population
306of the Department of Corrections exceeds the inmate population
307projections of the February 15, 2008 February 16, 2007, Criminal
308Justice Estimating Conference by 1 percent for 2 consecutive
309months or 2 percent for any month, the Executive Office of the
310Governor, with the approval of the Legislative Budget
311Commission, shall immediately notify the Criminal Justice
312Estimating Conference, which shall convene as soon as possible
313to revise the estimates. The Department of Corrections may then
314submit a budget amendment requesting the establishment of
315positions in excess of the number authorized by the Legislature
316and additional appropriations from unallocated general revenue
317sufficient to provide for essential staff, fixed capital
318improvements, and other resources to provide classification,
319security, food services, health services, and other variable
320expenses within the institutions to accommodate the estimated
321increase in the inmate population. All actions taken pursuant to
322the authority granted in this subsection shall be subject to
323review and approval by the Legislative Budget Commission. This
324subsection expires July 1, 2009 2008.
325     Section 10.  In order to implement Specific Appropriations
326819, 821, and 1048 through 1072 of the 2008-2009 General
327Appropriations Act, paragraphs (c), (d), and (e) of subsection
328(3) of section 216.292, Florida Statutes, are amended to read:
329     216.292  Appropriations nontransferable; exceptions.--
330     (3)  The following transfers are authorized with the
331approval of the Executive Office of the Governor for the
332executive branch or the Chief Justice for the judicial branch,
333subject to the notice and objection provisions of s. 216.177:
334     (c)  The transfer of appropriations for operations from
335general revenue between categories of appropriations within each
336criminal conflict and civil regional counsel budget entity. This
337paragraph expires July 1, 2009 2008.
338     (d)  The transfer of appropriations for operations from
339general revenue between criminal conflict and civil regional
340counsel budget entities. This paragraph expires July 1, 2009
3412008.
342     (e)  The transfer of appropriations for operations from
343general revenue between criminal conflict and civil regional
344counsel budget entities and the child dependency and civil
345conflict case appropriation category and the criminal conflict
346case costs appropriation category within the Justice
347Administrative Commission. This paragraph expires July 1, 2009
3482008.
349     Section 11.  In order to implement Specific Appropriations
3501301 and 1302 of the 2008-2009 General Appropriations Act, the
351Department of Legal Affairs is authorized to expend appropriated
352funds in those specific appropriations on the same programs that
353were funded by the department pursuant to specific
354appropriations made in general appropriations acts in prior
355years. This section expires July 1, 2009.
356     Section 12.  In order to implement Specific Appropriations
3571266, 1286, 1307, and 1317 of the 2008-2009 General
358Appropriations Act, the Department of Legal Affairs is
359authorized to transfer cash remaining after required
360disbursements from Attorney General case numbers L01-6-1004,
361L03-6-1002, and L01-6-1009 from FLAIR account 41-74-2-601001-
36241100100-00-181076-00 to the Operating Trust fund to pay
363salaries and benefits. This section expires July 1, 2009.
364     Section 13.  In order to implement Specific Appropriations
365for salaries and benefits in the 2008-2009 General
366Appropriations Act, paragraph (b) of subsection (3) of section
367112.24, Florida Statutes, is amended to read:
368     112.24  Intergovernmental interchange of public
369employees.--To encourage economical and effective utilization of
370public employees in this state, the temporary assignment of
371employees among agencies of government, both state and local,
372and including school districts and public institutions of higher
373education is authorized under terms and conditions set forth in
374this section. State agencies, municipalities, and political
375subdivisions are authorized to enter into employee interchange
376agreements with other state agencies, the Federal Government,
377another state, a municipality, or a political subdivision
378including a school district, or with a public institution of
379higher education. State agencies are also authorized to enter
380into employee interchange agreements with private institutions
381of higher education and other nonprofit organizations under the
382terms and conditions provided in this section. In addition, the
383Governor or the Governor and Cabinet may enter into employee
384interchange agreements with a state agency, the Federal
385Government, another state, a municipality, or a political
386subdivision including a school district, or with a public
387institution of higher learning to fill, subject to the
388requirements of chapter 20, appointive offices which are within
389the executive branch of government and which are filled by
390appointment by the Governor or the Governor and Cabinet. Under
391no circumstances shall employee interchange agreements be
392utilized for the purpose of assigning individuals to participate
393in political campaigns. Duties and responsibilities of
394interchange employees shall be limited to the mission and goals
395of the agencies of government.
396     (3)  Salary, leave, travel and transportation, and
397reimbursements for an employee of a sending party that is
398participating in an interchange program shall be handled as
399follows:
400     (b)1.  The assignment of an employee of a state agency
401either on detail or on leave of absence may be made without
402reimbursement by the receiving party for the travel and
403transportation expenses to or from the place of the assignment
404or for the pay and benefits, or a part thereof, of the employee
405during the assignment.
406     2.  For the 2008-2009 fiscal year only, the assignment of
407an employee of a state agency as provided in subparagraph 1. may
408only be made as authorized in the General Appropriations Act.
409This subparagraph expires July 1, 2009.
410     Section 14.  In order to implement the appropriation of
411funds in Special Categories-Risk Management Insurance of the
4122008-2009 General Appropriations Act, and pursuant to the
413notice, review, and objection procedures of s. 216.177, Florida
414Statutes, the Executive Office of the Governor is authorized to
415transfer funds appropriated in the appropriation category
416"Special Categories-Risk Management Insurance" of the 2008-2009
417General Appropriations Act between departments in order to align
418the budget authority granted with the premiums paid by each
419department for risk management insurance. This section expires
420July 1, 2009.
421     Section 15.  In order to implement the appropriation of
422funds in Special Categories-Transfer to Department of Management
423Services-Human Resources Services Purchased Per Statewide
424Contract of the 2008-2009 General Appropriations Act, and
425pursuant to the notice, review, and objection procedures of s.
426216.177, Florida Statutes, the Executive Office of the Governor
427is authorized to transfer funds appropriated in the
428appropriation category "Special Categories-Transfer to
429Department of Management Services-Human Resources Services
430Purchased Per Statewide Contract" of the 2008-2009 General
431Appropriations Act between departments in order to align the
432budget authority granted with the assessments that must be paid
433by each agency to the Department of Management Services for
434human resource management services. This section expires July 1,
4352009.
436     Section 16.  In order to implement specific appropriations
437for salaries and benefits in the 2008-2009 General
438Appropriations Act, paragraph (a) of subsection (12) of section
439110.123, Florida Statutes, is amended to read:
440     110.123  State group insurance program.--
441     (12)  HEALTH SAVINGS ACCOUNTS.--The department is
442authorized to establish health savings accounts for full-time
443and part-time state employees in association with a health
444insurance plan option authorized by the Legislature and
445conforming to the requirements and limitations of federal
446provisions relating to the Medicare Prescription Drug,
447Improvement, and Modernization Act of 2003.
448     (a)1.  A member participating in this health insurance plan
449option shall be eligible to receive an employer contribution
450into the employee's health savings account from the State
451Employees Health Insurance Trust Fund in an amount to be
452determined by the Legislature. A member is not eligible for an
453employer contribution upon termination of employment. For the
4542008-2009 2007-2008 fiscal year, the state's monthly
455contribution for employees having individual coverage shall be
456$41.66 and the monthly contribution for employees having family
457coverage shall be $83.33.
458     2.  A member participating in this health insurance plan
459option shall be eligible to deposit the member's own funds into
460a health savings account.
461     Section 17.  In order to implement Specific Appropriations
4622536, 2537, 2538, and 2542 of the 2008-2009 General
463Appropriations Act, for the 2008-2009 fiscal year only and
464notwithstanding any conflicting requirements of section 4 of
465chapter 2006-12, Laws of Florida, the Department of Financial
466Services may expend $998,820 of the funds appropriated by
467section 4 of chapter 2006-12, Laws of Florida, for salaries and
468related expenses. This section expires July 1, 2009.
469     Section 18.  In order to implement section 38 of the 2008-
4702009 General Appropriations Act, section 215.5595, Florida
471Statutes, is amended to read:
472     215.5595  Insurance Capital Build-Up Incentive Program.--
473     (1)  Upon entering the 2008 2006 hurricane season, the
474Legislature finds that:
475     (a)  The losses in this state Florida from eight hurricanes
476in 2004 and 2005 have seriously strained the resources of both
477the voluntary insurance market and the public sector mechanisms
478of Citizens Property Insurance Corporation and the Florida
479Hurricane Catastrophe Fund.
480     (b)  Private reinsurance is much less available and at a
481significantly greater cost to residential property insurers as
482compared to 1 year ago, particularly for amounts below the
483insurer's retention or retained losses that must be paid before
484reimbursement is provided by the Florida Hurricane Catastrophe
485Fund.
486     (c)  The Office of Insurance Regulation has reported that
487the insolvency of certain insurers may be imminent.
488     (d)  Hurricane forecast experts predict that the 2006
489hurricane season will be an active hurricane season and that the
490Atlantic and Gulf Coast regions face an active hurricane cycle
491of 10 to 20 years or longer.
492     (b)(e)  Citizens Property Insurance Corporation has over
4931.2 million policies in force and has the largest market share
494of any insurer writing residential property insurance in this
495state, and faces the threat of a catastrophic loss that The
496number of cancellations or nonrenewals of residential property
497insurance policies is expected to increase and the number of new
498residential policies written in the voluntary market are likely
499to decrease, causing increased policy growth and exposure to the
500state insurer of last resort, Citizens Property Insurance
501Corporation, and threatening to increase the deficit of the
502corporation, currently estimated to be over $1.7 billion. This
503deficit must be funded by assessments against insurers and
504policyholders, unless otherwise funded by the state. The program
505has a substantial positive effect on the depopulation efforts of
506Citizens Property Insurance Corporation since companies
507participating in the program have removed over 199,000 policies
508from the corporation. Companies participating in the program
509have issued a significant number of new polices thereby keeping
510an estimated 480,000 new polices out of the corporation.
511     (c)(f)  Policyholders are subject to high increased
512premiums and assessments that are increasingly making such
513coverage unaffordable and that may force policyholders to sell
514their homes and even leave the state.
515     (d)(g)  The increased risk to the public sector and private
516sector continues to pose poses a serious threat to the economy
517of this state, particularly the building and financing of
518residential structures, and existing mortgages may be placed in
519default.
520     (h)  The losses from 2004 and 2005, combined with the
521expectation that the increase in hurricane activity will
522continue for the foreseeable future, have caused both insurers
523and reinsurers to limit the capital they are willing to commit
524to covering the hurricane risk in Florida; attracting new
525capital to the Florida market is a critical priority; and
526providing a low-cost source of capital would enable insurers to
527write additional residential property insurance coverage and act
528to mitigate premium increases.
529     (e)(i)  Appropriating state funds to be exchanged for used
530as surplus notes issued by for residential property insurers,
531under conditions requiring the insurer to contribute additional
532private sector capital and to write a minimum level of premiums
533for residential hurricane coverage, is a valid and important
534public purpose.
535     (f)  Extending the program will provide an incentive for
536investors to commit additional capital to the residential
537insurance market in this state.
538     (2)  The purpose of this section is to provide funds in
539exchange for surplus notes to be issued by new or existing
540authorized residential property insurers under the Insurance
541Capital Build-Up Incentive Program administered by the State
542Board of Administration, under the following conditions:
543     (a)  The amount of state funds provided in exchange for a
544the surplus note to for any insurer or insurer group, other than
545an insurer writing only manufactured housing policies, may not
546exceed $25 million or 20 percent of the total amount of funds
547appropriated for available under the program, whichever is
548greater. The amount of the surplus note for any insurer or
549insurer group writing residential property insurance covering
550only manufactured housing may not exceed $7 million.
551     (b)  The insurer must contribute an amount of new capital
552to its surplus which is at least equal to the amount of the
553surplus note and must apply to the board by September 1, 2008
554July 1, 2006. If an insurer applies after September 1, 2008 July
5551, 2006, but before June 1, 2009 2007, the amount of the surplus
556note is limited to one-half of the new capital that the insurer
557contributes to its surplus, except that an insurer writing only
558manufactured housing policies is eligible to receive a surplus
559note of up to $7 million. For purposes of this section, new
560capital must be in the form of cash or cash equivalents as
561specified in s. 625.012(1).
562     (c)  The insurer's surplus, new capital, and the surplus
563note must total at least $50 million, except for insurers
564writing residential property insurance covering only
565manufactured housing. The insurer's surplus, new capital, and
566the surplus note must total at least $14 million for insurers
567writing only residential property insurance covering
568manufactured housing policies as provided in paragraph (a).
569     (d)  The insurer must commit to increase its writings of
570residential property insurance, including the peril of wind, and
571to meet meeting a minimum writing ratio of net written premium
572to surplus of at least 1:1 for the first year after receiving
573the state funds, 1.5:1 for the second year, and 2:1 for the
574remaining term of the surplus note. Alternatively, the insurer
575must meet a minimum writing ratio of gross written premium to
576surplus of at least 3:1 for the first year after receiving the
577state funds, 4.5:1 for the second year, and 6:1 for the
578remaining term of the surplus note. The writing ratios, which
579shall be determined by the Office of Insurance Regulation and
580certified quarterly to the board. For this purpose, the term
581"net written premium" means net written premium for residential
582property insurance in this state Florida, including the peril of
583wind, and "surplus" refers to the entire surplus of the insurer.
584The insurer must also commit to writing at least 10 percent of
585its net or gross written premium for new policies, not including
586renewal premiums, for policies taken out of Citizens Property
587Insurance Corporation, during each of the first 3 years after
588receiving the state funds in exchange for the surplus note,
589which shall be determined by the Office of Insurance Regulation
590and certified annually to the board. The office may determine
591that an insurer meets the requirement for taking policies out of
592the corporation, by written notice to the board, upon a finding
593that the insurer made offers of coverage to policyholders of the
594corporation which would have resulted in meeting this
595requirement had the policyholders accepted the offer. If the
596required ratio or the required writings for policies taken out
597of the corporation is not maintained during the term of the
598surplus note, the board may increase the interest rate,
599accelerate the repayment of interest and principal, or shorten
600the term of the surplus note, subject to approval by the
601Commissioner of Insurance of payments by the insurer of
602principal and interest as provided in paragraph (f).
603     (e)  If the requirements of this section are met, the board
604may approve an application by an insurer for funds in exchange
605for issuance of a surplus note, unless the board determines that
606the financial condition of the insurer and its business plan for
607writing residential property insurance in Florida places an
608unreasonably high level of financial risk to the state of
609nonpayment in full of the interest and principal. The board
610shall consult with the Office of Insurance Regulation and may
611contract with independent financial and insurance consultants in
612making this determination.
613     (f)  The surplus note must be repayable to the state with a
614term of 20 years. The surplus note shall accrue interest on the
615unpaid principal balance at a rate equivalent to the 10-year
616U.S. Treasury Bond rate, require the payment only of interest
617during the first 3 years, and include such other terms as
618approved by the board. The board may charge late fees up to 5
619percent for late payments or other late remittances. Payment of
620principal, or interest, or late fees by the insurer on the
621surplus note must be approved by the Commissioner of Insurance,
622who shall approve such payment unless the commissioner
623determines that such payment will substantially impair the
624financial condition of the insurer. If such a determination is
625made, the commissioner shall approve such payment that will not
626substantially impair the financial condition of the insurer.
627     (g)  The total amount of funds available for the program is
628limited to the amount appropriated by the Legislature for this
629purpose. If the amount of surplus notes requested by insurers
630exceeds the amount of funds available, the board may prioritize
631insurers that are eligible and approved, with priority for
632funding given to insurers writing only manufactured housing
633policies, regardless of the date of application, based on the
634financial strength of the insurer, the viability of its proposed
635business plan for writing additional residential property
636insurance in the state, and the effect on competition in the
637residential property insurance market. Between insurers writing
638residential property insurance covering manufactured housing,
639priority shall be given to the insurer writing the highest
640percentage of its policies covering manufactured housing.
641     (h)  The board may allocate portions of the funds available
642for the program and establish dates for insurers to apply for
643surplus notes from such allocation which are earlier than the
644dates established in paragraph (b).
645     (h)(i)  Notwithstanding paragraph (d), a newly formed
646manufactured housing insurer that is eligible for a surplus note
647under this section shall meet the premium to surplus ratio
648provisions of s. 624.4095.
649     (i)(j)  As used in this section, "an insurer writing only
650manufactured housing policies" includes:
651     1.  A Florida domiciled insurer that begins writing
652personal lines residential manufactured housing policies in
653Florida after March 1, 2007, and that removes a minimum of
65450,000 policies from Citizens Property Insurance Corporation
655without accepting a bonus, provided at least 25 percent of its
656policies cover manufactured housing. Such an insurer may count
657any funds above the minimum capital and surplus requirement that
658were contributed into the insurer after March 1, 2007, as new
659capital under this section.
660     2.  A Florida domiciled insurer that writes at least 40
661percent of its policies covering manufactured housing in
662Florida.
663     (3)  As used in this section, the term:
664     (a)  "Board" means the State Board of Administration.
665     (b)  "Program" means the Insurance Capital Build-Up
666Incentive Program established by this section.
667     (4)  The state funds provided to the insurer in exchange
668for the A surplus note provided to an insurer pursuant to this
669section are is considered borrowed surplus an asset of the
670insurer pursuant to s. 628.401 625.012.
671     (5)  If an insurer that receives funds in exchange for the
672issuance of a surplus note pursuant to this section is rendered
673insolvent, the state is a class 3 creditor pursuant to s.
674631.271 for the unpaid principal and interest on the surplus
675note.
676     (6)  The board shall adopt rules prescribing the
677procedures, administration, and criteria for approving the
678applications of insurers to receive funds in exchange for
679issuance of surplus notes pursuant to this section, which may be
680adopted pursuant to the procedures for emergency rules of
681chapter 120. Otherwise, actions and determinations by the board
682pursuant to this section are exempt from chapter 120.
683     (7)  The board shall invest and reinvest the funds
684appropriated for the program in accordance with s. 215.47 and
685consistent with board policy.
686     (8)  The amendments to this section enacted in 2008 do not
687affect the terms or conditions of surplus notes that were
688approved prior to January 1, 2008. However, the board may
689renegotiate the terms of any surplus note issued by an insurer
690prior to January 2008 under this program, upon the agreement of
691the insurer and the board, consistent with the requirements of
692this section as amended in 2008.
693     (9)  Citizens Property Insurance Corporation shall transfer
694$250 million to the General Revenue Fund on or before August 1,
6952008, for appropriation by the Legislature to the program.
696     Section 19.  The amendments to s. 215.5595, Florida
697Statutes, made by this act shall expire July 1, 2009, and the
698text of that section shall revert to that in existence on June
69930, 2008, except that any amendments to such text enacted other
700than by this act shall be preserved and continue to operate to
701the extent that such amendments are not dependent upon the
702portions of such text which expire pursuant to this section.
703     Section 20.  In order to implement Specific Appropriation
7041541 of the 2008-2009 General Appropriations Act, subsection (5)
705is added to section 252.373, Florida Statutes, to read:
706     252.373  Allocation of funds; rules.--
707     (5)  Notwithstanding subsection (1) and for the 2008-2009
708fiscal year only, the Division of Emergency Management shall use
709funds appropriated from the Emergency Management, Preparedness,
710and Assistance Trust Fund to provide emergency power generators
711in special-needs hurricane evacuation shelters pursuant to the
712provisions of section 1 of chapter 2006-71, Laws of Florida,
713except that such funds may not be used for administrative
714purposes and the matching fund requirements of Specific
715Appropriation 1541 of the 2008-2009 General Appropriations Act
716must be met. This subsection expires July 1, 2009.
717     Section 21.  In order to implement Specific Appropriation
7181541 of the 2008-2009 General Appropriations Act, subsection (8)
719of section 215.559, Florida Statutes, is renumbered as
720subsection (9), and a new subsection (8) is added to that
721section to read:
722     215.559  Hurricane Loss Mitigation Program.--
723     (8)  Notwithstanding any other provision of this section
724and for the 2008-2009 fiscal year only, the Division of
725Emergency Management shall use funds appropriated from the
726Grants and Donations Trust Fund to provide emergency power
727generators in special-needs hurricane evacuation shelters
728pursuant to the provisions of section 1 of chapter 2006-71, Laws
729of Florida, except that such funds may not be used for
730administrative purposes and the matching fund requirements of
731Specific Appropriation 1541 of the 2008-2009 General
732Appropriations Act must be met. This subsection expires July 1,
7332009.
734     Section 22.  In order to implement Specific Appropriation
7352635 of the 2008-2009 General Appropriations Act, subsection (1)
736of section 288.1088, Florida Statutes, is amended to read:
737     288.1088  Quick Action Closing Fund.--
738     (1)(a)  The Legislature finds that attracting, retaining,
739and providing favorable conditions for the growth of certain
740high-impact business facilities, privately developed critical
741rural infrastructure, or key facilities in economically
742distressed urban or rural communities which provide widespread
743economic benefits to the public through high-quality employment
744opportunities in such facilities or in related facilities
745attracted to the state, through the increased tax base provided
746by the high-impact facility and related businesses, through an
747enhanced entrepreneurial climate in the state and the resulting
748business and employment opportunities, and through the
749stimulation and enhancement of the state's universities and
750community colleges. In the global economy, there exists serious
751and fierce international competition for these facilities, and
752in most instances, when all available resources for economic
753development have been used, the state continues to encounter
754severe competitive disadvantages in vying for these business
755facilities. Florida's rural areas must provide a competitive
756environment for business in the information age. This often
757requires an incentive to make it feasible for private investors
758to provide infrastructure in those areas. The state's less
759populated regions that seek economic development, that have
760suitable land and water resources to accommodate growth in an
761environmentally acceptable manner, and that have adopted a
762conceptual long-term buildout overlay to the comprehensive plan
763under s. 163.3184 and a detailed specific area plan that
764implements the conceptual long-term buildout overlay to the
765comprehensive plan must be provided incentives to actively
766pursue high-impact business facilities that will serve as a
767catalyst to stimulate economic growth.
768     (b)  The Legislature therefore declares that sufficient
769resources shall be available to respond to extraordinary
770economic opportunities and to compete effectively for these
771high-impact business facilities, critical private infrastructure
772in rural areas, and key businesses in less populated regions and
773economically distressed urban or rural communities.
774     Section 23.  The amendments to s. 288.1088(1), Florida
775Statutes, made by this act shall expire July 1, 2009, and the
776text of that section shall revert to that in existence on June
77730, 2008, except that any amendments to such text enacted other
778than by this act shall be preserved and continue to operate to
779the extent that such amendments are not dependent upon the
780portions of such text which expire pursuant to this section.
781     Section 24.  In order to implement Specific Appropriation
7821591 of the 2008-2009 General Appropriations Act, subsection (3)
783of section 553.75, Florida Statutes, is amended to read:
784     553.75  Organization of commission; rules and regulations;
785meetings; staff; fiscal affairs.--
786     (3)  The department shall be responsible for the provision
787of administrative and staff support services relating to the
788functions of the commission. With respect to matters within the
789jurisdiction of the commission, the department shall be
790responsible for the implementation and faithful discharge of all
791decisions of the commission made pursuant to its authority under
792the provisions of this part. The department may use
793communications media technology to conduct any meetings of the
794commission or meetings held in conjunction with the commission.
795     Section 25.  The amendments to s. 553.75(3), Florida
796Statutes, made by this act shall expire July 1, 2009, and the
797text of that section shall revert to that in existence on June
79830, 2008, except that any amendments to such text enacted other
799than by this act shall be preserved and continue to operate to
800the extent that such amendments are not dependent upon the
801portions of such text which expire pursuant to this section.
802     Section 26.  In order to implement Specific Appropriations
8031748, 1756, and 1770 of the 2008-2009 General Appropriations
804Act, paragraphs (c) and (d) are added to subsection (2) of
805section 259.032, Florida Statutes, to read:
806     259.032  Conservation and Recreation Lands Trust Fund;
807purpose.--
808     (2)
809     (c)  Notwithstanding any other provision of this section
810and for the 2008-2009 fiscal year only, funds in the
811Conservation and Recreation Lands Trust Fund may be transferred
812to the Nonmandatory Land Reclamation Trust Fund for activities
813associated with the cleanup of the Mulberry and Piney Point
814sites and expended as directed by the Legislature in the 2008-
8152009 General Appropriations Act. This paragraph expires July 1,
8162009.
817     (d)  Notwithstanding any other provision of this section
818and for the 2008-2009 fiscal year only, funds in the
819Conservation and Recreation Lands Trust Fund may be transferred
820to the Ecosystem Management and Restoration Trust Fund for beach
821restoration activities and expended as directed by the
822Legislature in the 2008-2009 General Appropriations Act. This
823paragraph expires July 1, 2009.
824     Section 27.  In order to implement the 2008-2009 General
825Appropriations Act, and effective upon this act becoming a law,
826subsections (3) through (11) of section 216.221, Florida
827Statutes, are renumbered as subsections (4) through (12),
828respectively, and a new subsection (3) is added to that section
829to read:
830     216.221  Appropriations as maximum appropriations;
831adjustment of budgets to avoid or eliminate deficits.--
832     (3)  Notwithstanding s. 216.222, and for the 2007-2008 and
8332008-2009 fiscal years only, if the Revenue Estimating
834Conference projects that General Revenue Fund collections will
835fall below the March 11, 2008, official estimates, adjusted for
836changes in the law enacted at the 2008 Regular Session of the
837Legislature, by $200 million or more in either year or in both
838years combined, the Governor is authorized to submit to the
839Legislative Budget Commission a budget amendment, and the
840Legislative Budget Commission is authorized to approve such
841budget amendment, requesting the transfer of funds from the
842Budget Stabilization Fund to the General Revenue Fund. The total
843of all such transfers made pursuant to this subsection may not
844exceed the lesser of the projected revenue shortfalls as
845described in this subsection or one-half of the May 1, 2008,
846cash balance in the Budget Stabilization Fund. This subsection
847expires July 1, 2009.
848     Section 28.  In order to implement the 2008-2009 General
849Appropriations Act, and effective upon this act becoming a law,
850paragraph (f) is added to subsection (5) of section 215.5601,
851Florida Statutes, to read:
852     215.5601  Lawton Chiles Endowment Fund.--
853     (5)  AVAILABILITY OF FUNDS; USES.--
854     (f)  Notwithstanding any other provision of this section,
855and for the 2007-2008 and 2008-2009 fiscal years only, if
856transfers from the Budget Stabilization Fund authorized in s.
857216.221(3) are insufficient to address projected revenue
858shortfalls as described in that subsection, the Governor is
859authorized to submit to the Legislative Budget Commission a
860budget amendment, and the Legislative Budget Commission is
861authorized to approve such budget amendment, requesting the
862transfer of funds from the Lawton Chiles Endowment Fund to the
863General Revenue Fund. The total of all such transfers made
864pursuant to this subsection shall not exceed the lesser of the
865projected revenue shortfalls remaining after transfers from the
866Budget Stabilization Fund as described in s. 216.221(3) or $1
867billion. Any expenditure from the Lawton Chiles Endowment Fund
868made pursuant to this paragraph must be restored by making five
869equal annual transfers from the General Revenue Fund, beginning
870in the third fiscal year following that in which the expenditure
871was made. This paragraph expires July 1, 2009.
872     Section 29.  A section of this act that implements a
873specific appropriation or specifically identified proviso
874language in the 2008-2009 General Appropriations Act is void if
875the specific appropriation or specifically identified proviso
876language is vetoed. A section of this act that implements more
877than one specific appropriation or more than one portion of
878specifically identified proviso language in the 2008-2009
879General Appropriations Act is void if all the specific
880appropriations or portions of specifically identified proviso
881language are vetoed.
882     Section 30.  If any other act passed in 2008 contains a
883provision that is substantively the same as a provision in this
884act, but that removes or is otherwise not subject to the future
885repeal applied to such provision by this act, the Legislature
886intends that the provision in the other act shall take
887precedence and shall continue to operate, notwithstanding the
888future repeal provided by this act.
889     Section 31.  If any provision of this act or its
890application to any person or circumstance is held invalid, the
891invalidity does not affect other provisions or applications of
892the act which can be given effect without the invalid provision
893or application, and to this end the provisions of this act are
894severable.
895     Section 32.  Except as otherwise expressly provided in this
896act, this act shall take effect July 1, 2008; or, if this act
897fails to become a law until after that date, it shall take
898effect upon becoming a law and shall operate retroactively to
899July 1, 2008.


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