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;
66prohibiting certain statutory amendments or transfer of
67funds for use by Citizens Property Insurance Corporation
68for certain purposes;  amending s. 252.373, F.S.;
69requiring the Division of Emergency Management to provide
70emergency power generators to special-needs hurricane
71evacuation shelters from the Emergency Management,
72Preparedness, and Assistance Trust Fund; amending s.
73215.559, F.S.; requiring the Division of Emergency
74Management to provide emergency power generators to
75special-needs hurricane evacuation shelters from the
76Grants and Donations Trust Fund; amending s. 288.1088,
77F.S.; requiring the availability of incentives to
78stimulate economic growth in certain rural areas; amending
79s. 553.75, F.S.; authorizing the use of communication
80media technology at certain meetings of the Florida
81Building Commission; amending s. 259.032, F.S.; authorizes
82the transfer of funds from the Conservation and Recreation
83Lands Trust Fund for certain cleanup and beach restoration
84activities; providing for reversion of certain provisions;
85amending s. 216.221, F.S.; providing for conditions under
86which the Governor is authorized to request a transfer of
87funds from the Budget Stabilization Fund to the General
88Revenue Fund; amending s. 215.5601, F.S.; providing for
89conditions under which the Governor is authorized to
90request a transfer of funds from the Lawton Chiles
91Endowment Fund to the General Revenue Fund and providing
92for a schedule of repayment; providing for temporary
93reduction of legislators' salaries; prohibiting the
94Department of Revenue from making certain distributions in
95the 2008-2009 fiscal year to certain sports facilities;
96providing for the effect of a veto of one or more specific
97appropriations or proviso to which implementing language
98refers; providing for the continued operation of certain
99provisions notwithstanding a future repeal or expiration
100provided by the act; providing for severability; providing
101effective dates.
102
103Be It Enacted by the Legislature of the State of Florida:
104
105     Section 1.  It is the intent of the Legislature that the
106implementing and administering provisions of this act apply to
107the General Appropriations Act for the 2008-2009 fiscal year.
108     Section 2.  In order to implement Specific Appropriation
109101 of the 2008-2009 General Appropriations Act, paragraph (a)
110of subsection (2) of section 1001.451, Florida Statutes, is
111amended to read:
112     1001.451  Regional consortium service organizations.--In
113order to provide a full range of programs to larger numbers of
114students, minimize duplication of services, and encourage the
115development of new programs and services:
116     (2)(a)1.  Each regional consortium service organization
117that consists of four or more school districts is eligible to
118receive, through the Department of Education, an incentive grant
119of $50,000 per school district and eligible member to be used
120for the delivery of services within the participating school
121districts. The determination of services and use of such funds
122shall be established by the board of directors of the regional
123consortium service organization. The funds shall be distributed
124to each regional consortium service organization no later than
12530 days following the release of the funds to the department.
126     2.  For the 2008-2009 fiscal year only, the amount of the
127incentive grant authorized under subparagraph 1. is reduced by 4
128percent to $48,000 per school district and eligible member. This
129subparagraph expires July 1, 2009.
130     Section 3.  In order to implement Specific Appropriation 81
131of the 2008-2009 General Appropriations Act, subsection (5) of
132section 1012.225, Florida Statutes, is amended to read:
133     1012.225  Merit Award Program for Instructional Personnel
134and School-Based Administrators.--
135     (5)  REVIEW OF PERFORMANCE-BASED PAY PLANS.--
136     (a)  Each participating district school board must submit
137its Merit Award Program plan for the 2008-2009 fiscal year to
138the Commissioner of Education for review by October 1, 2008 of
139each year. The plan must include the negotiated, district-
140adopted plan or charter school adopted plan if the district does
141not submit a plan intended for use in the following year. The
142commissioner shall complete a review of each plan submitted and
143determine compliance with the requirements of this section by
144November 15 of each year. If a submitted plan fails to meet the
145requirements of this section, the commissioner must identify in
146writing the specific revisions that are required. Revised plans
147must be finalized and resubmitted by a school district, or by a
148charter school if the district does not submit a plan, for the
149commissioner's review by January 31 of each year. The
150commissioner shall certify those school district or charter
151school plans that do not comply with this section to the
152Governor, the President of the Senate, and the Speaker of the
153House of Representatives by February 15 of each year.
154     (b)  Any charter school that does not follow the school
155district's salary schedule may adopt its own performance-based
156plan in accordance with this section. Charter school proposals
157shall be included with the school district plans or may be
158submitted independently if the district does not submit a plan.
159     (c)  Each district school board shall establish a procedure
160to annually review both the assessment and compensation
161components of its plan in order to determine compliance with
162this section. After this review and by October 1 of each year,
163the district school board shall submit a report to the
164Commissioner of Education, along with supporting documentation
165that will enable the commissioner to verify the district's
166compliance with this section during the prior school year. The
167commissioner shall submit a report to the Governor, the
168President of the Senate, and the Speaker of the House of
169Representatives certifying those school district or charter
170school plans that do not comply with this section or whose plans
171were not implemented in accordance with this section by December
1721 of each year.
173     (d)  For purposes of the 2007-2008 school year, the plan
174submitted as required in paragraph (a) applies to the 2007-2008
175school year as well as the 2008-2009 school year. Thereafter,
176all plans submitted and approved within the timelines set forth
177in paragraph (a) apply to the following school year.
178     Section 4.  The amendments to s. 1012.225(5), Florida
179Statutes, made by this act shall expire July 1, 2009, and the
180text of that section shall revert to that in existence on June
18130, 2008, except that any amendments to such text enacted other
182than by this act shall be preserved and continue to operate to
183the extent that such amendments are not dependent upon the
184portions of such text which expire pursuant to this section.
185     Section 5.  In order to implement Specific Appropriations
186376 through 415 of the 2008-2009 General Appropriations Act,
187subsection (3) of section 394.908, Florida Statutes, is amended
188to read:
189     394.908  Substance abuse and mental health funding equity;
190distribution of appropriations.--In recognition of the
191historical inequity in the funding of substance abuse and mental
192health services for the department's districts and regions and
193to rectify this inequity and provide for equitable funding in
194the future throughout the state, the following funding process
195shall be used:
196     (3)(a)  Any additional funding beyond the 2005-2006 fiscal
197year base appropriation for alcohol, drug abuse, and mental
198health services shall be allocated to districts for substance
199abuse and mental health services based on:
200     1.(a)  Epidemiological estimates of disabilities that apply
201to the respective target populations.
202     2.(b)  A pro rata share distribution that ensures districts
203below the statewide average funding level per person in each
204target population of "persons in need" receive funding necessary
205to achieve equity.
206     (b)  Notwithstanding paragraph (a) and for the 2008-2009
207fiscal year only, funds appropriated for forensic mental health
208treatment services shall be allocated to the areas of the state
209having the greatest demand for services and treatment capacity.
210This paragraph expires July 1, 2009.
211     (c)  Notwithstanding paragraph (a) and for the 2008-2009
212fiscal year only, additional funds appropriated for mental
213health services from funds available through the Community-Based
214Medicaid Administrative Claiming Program shall be allocated as
215provided in the 2008-2009 General Appropriations Act and in
216proportion to contributed provider earnings. Where these mental
217health funds are used in lieu of funds from the General Revenue
218Fund, the allocation of funds shall be unchanged from the
219allocation for those funds for the 2007-2008 fiscal year. This
220paragraph expires July 1, 2009.
221     Section 6.  Health care collaborative action network and
222discount health care pilot program.--
223     (1)  In order to implement Specific Appropriation 588 of
224the 2008-2009 General Appropriations Act, the Department of
225Health shall develop and establish a health care collaborative
226action network as a 1-year pilot program in Miami-Dade County.
227     (2)  In order to implement the pilot program, the Miami-
228Dade County Health Department shall:
229     (a)  Establish an alliance of hospitals, federally
230qualified health centers, free clinics, physician groups and
231other health care providers in Miami-Dade County for the purpose
232of increasing access to and coordination of care. Approval of a
233certificate of need by the Agency for Health Care Administration
234for any provider in Miami-Dade County during the 1-year pilot
235program shall be contingent on that provider actively
236participating in the alliance. The Department of Health shall
237require all contract providers in Miami-Dade County to
238participate in the alliance as a condition of the contract and
239shall impose this requirement on all future contracts entered
240into during the 1-year pilot program and amend all existing
241contracts to reflect this requirement.
242     (b)  Ensure coordination of service delivery, increased
243access to health care, enhanced cooperation among participating
244network providers, elimination of duplication, and establishment
245of a medical home for all patients served by members of the
246network.
247     (c)  Establish a discount health care card program and
248negotiate with provider members of the alliance to establish
249discounted charges for services provided to enrollees in the
250discount health care card program. Approval of a certificate of
251need by the Agency for Health Care Administration for any
252provider in Miami-Dade County during the 1-year pilot program
253shall be contingent on that provider actively participating in
254the discount health care card program. The Department of Health
255shall require all contract providers in Miami-Dade County to
256participate in the discount health care card program as a
257condition of the contract and shall impose this requirement on
258all future contracts entered into during the 1-year pilot
259program and amend all existing contracts to reflect this
260requirement.
261     (d)  Ensure that the discount health care card is available
262to any uninsured resident of Miami-Dade County with a family
263income below 200 percent of the federal poverty level.
264Reimbursement or payment for health care services by a
265participant's health insurance policy or health plan or other
266coverage contract shall be governed by the terms of that
267contract.
268     (e)  Ensure that primary care services, either for free or
269at a discount rate, are made available to all uninsured and
270underserved populations in Miami-Dade County by the network
271members.
272     (f)  Encourage participating providers to create and
273maintain an electronic medical record for each Miami-Dade County
274resident who participates in the pilot program.
275     (3)  On January 1, 2009, the department shall submit to the
276Governor, the President of the Senate, and the Speaker of the
277House of Representatives a report on the success and outcomes
278achieved by the pilot program, which must include a
279recommendation as to whether the pilot program should be
280continued, terminated, or expanded in the next fiscal year.
281     (4)  This section expires July 1, 2009.
282     Section 7.  In order to implement Specific Appropriations
283290 through 469 of the 2008-2009 General Appropriations Act and
284notwithstanding the provisions of chapter 216, Florida Statutes,
285the Executive Office of the Governor, in consultation with the
286Legislature, may approve the increase in nonoperating transfer
287budget authority for trust funds in the Department of Children
288and Family Services to continue programs authorized by the 2008-
2892009 General Appropriations Act. This section expires July 1,
2902009.
291     Section 8.  In order to fulfill legislative intent
292regarding the use of funds contained in Specific Appropriations
293721L, 721X, 721AI, and 1146 of the 2008-2009 General
294Appropriations Act, the Department of Corrections and the
295Department of Juvenile Justice may expend appropriated funds to
296assist in defraying the costs of impacts that are incurred by a
297municipality or county and associated with opening or operating
298a facility under the authority of the respective department
299which is located within that municipality or county. The amount
300that is to be paid under this section for any facility may not
301exceed 1 percent of the facility construction cost, less
302building impact fees imposed by the municipality or by the
303county if the facility is located in the unincorporated portion
304of the county. This section expires July 1, 2009.
305     Section 9.  In order to implement Specific Appropriations
306721A through 760H and 780 through 806 of the 2008-2009 General
307Appropriations Act, subsection (4) of section 216.262, Florida
308Statutes, is amended to read:
309     216.262  Authorized positions.--
310     (4)  Notwithstanding the provisions of this chapter on
311increasing the number of authorized positions, and for the 2008-
3122009 2007-2008 fiscal year only, if the actual inmate population
313of the Department of Corrections exceeds the inmate population
314projections of the February 15, 2008 February 16, 2007, Criminal
315Justice Estimating Conference by 1 percent for 2 consecutive
316months or 2 percent for any month, the Executive Office of the
317Governor, with the approval of the Legislative Budget
318Commission, shall immediately notify the Criminal Justice
319Estimating Conference, which shall convene as soon as possible
320to revise the estimates. The Department of Corrections may then
321submit a budget amendment requesting the establishment of
322positions in excess of the number authorized by the Legislature
323and additional appropriations from unallocated general revenue
324sufficient to provide for essential staff, fixed capital
325improvements, and other resources to provide classification,
326security, food services, health services, and other variable
327expenses within the institutions to accommodate the estimated
328increase in the inmate population. All actions taken pursuant to
329the authority granted in this subsection shall be subject to
330review and approval by the Legislative Budget Commission. This
331subsection expires July 1, 2009 2008.
332     Section 10.  In order to implement Specific Appropriations
333819, 821, and 1048 through 1072 of the 2008-2009 General
334Appropriations Act, paragraphs (c), (d), and (e) of subsection
335(3) of section 216.292, Florida Statutes, are amended to read:
336     216.292  Appropriations nontransferable; exceptions.--
337     (3)  The following transfers are authorized with the
338approval of the Executive Office of the Governor for the
339executive branch or the Chief Justice for the judicial branch,
340subject to the notice and objection provisions of s. 216.177:
341     (c)  The transfer of appropriations for operations from
342general revenue between categories of appropriations within each
343criminal conflict and civil regional counsel budget entity. This
344paragraph expires July 1, 2009 2008.
345     (d)  The transfer of appropriations for operations from
346general revenue between criminal conflict and civil regional
347counsel budget entities. This paragraph expires July 1, 2009
3482008.
349     (e)  The transfer of appropriations for operations from
350general revenue between criminal conflict and civil regional
351counsel budget entities and the child dependency and civil
352conflict case appropriation category and the criminal conflict
353case costs appropriation category within the Justice
354Administrative Commission. This paragraph expires July 1, 2009
3552008.
356     Section 11.  In order to implement Specific Appropriations
3571301 and 1302 of the 2008-2009 General Appropriations Act, the
358Department of Legal Affairs is authorized to expend appropriated
359funds in those specific appropriations on the same programs that
360were funded by the department pursuant to specific
361appropriations made in general appropriations acts in prior
362years. This section expires July 1, 2009.
363     Section 12.  In order to implement Specific Appropriations
3641266, 1286, 1307, and 1317 of the 2008-2009 General
365Appropriations Act, the Department of Legal Affairs is
366authorized to transfer cash remaining after required
367disbursements from Attorney General case numbers L01-6-1004,
368L03-6-1002, and L01-6-1009 from FLAIR account 41-74-2-601001-
36941100100-00-181076-00 to the Operating Trust fund to pay
370salaries and benefits. This section expires July 1, 2009.
371     Section 13.  In order to implement Specific Appropriations
372for salaries and benefits in the 2008-2009 General
373Appropriations Act, paragraph (b) of subsection (3) of section
374112.24, Florida Statutes, is amended to read:
375     112.24  Intergovernmental interchange of public
376employees.--To encourage economical and effective utilization of
377public employees in this state, the temporary assignment of
378employees among agencies of government, both state and local,
379and including school districts and public institutions of higher
380education is authorized under terms and conditions set forth in
381this section. State agencies, municipalities, and political
382subdivisions are authorized to enter into employee interchange
383agreements with other state agencies, the Federal Government,
384another state, a municipality, or a political subdivision
385including a school district, or with a public institution of
386higher education. State agencies are also authorized to enter
387into employee interchange agreements with private institutions
388of higher education and other nonprofit organizations under the
389terms and conditions provided in this section. In addition, the
390Governor or the Governor and Cabinet may enter into employee
391interchange agreements with a state agency, the Federal
392Government, another state, a municipality, or a political
393subdivision including a school district, or with a public
394institution of higher learning to fill, subject to the
395requirements of chapter 20, appointive offices which are within
396the executive branch of government and which are filled by
397appointment by the Governor or the Governor and Cabinet. Under
398no circumstances shall employee interchange agreements be
399utilized for the purpose of assigning individuals to participate
400in political campaigns. Duties and responsibilities of
401interchange employees shall be limited to the mission and goals
402of the agencies of government.
403     (3)  Salary, leave, travel and transportation, and
404reimbursements for an employee of a sending party that is
405participating in an interchange program shall be handled as
406follows:
407     (b)1.  The assignment of an employee of a state agency
408either on detail or on leave of absence may be made without
409reimbursement by the receiving party for the travel and
410transportation expenses to or from the place of the assignment
411or for the pay and benefits, or a part thereof, of the employee
412during the assignment.
413     2.  For the 2008-2009 fiscal year only, the assignment of
414an employee of a state agency as provided in subparagraph 1. may
415only be made as authorized in the General Appropriations Act.
416This subparagraph expires July 1, 2009.
417     Section 14.  In order to implement the appropriation of
418funds in Special Categories-Risk Management Insurance of the
4192008-2009 General Appropriations Act, and pursuant to the
420notice, review, and objection procedures of s. 216.177, Florida
421Statutes, the Executive Office of the Governor is authorized to
422transfer funds appropriated in the appropriation category
423"Special Categories-Risk Management Insurance" of the 2008-2009
424General Appropriations Act between departments in order to align
425the budget authority granted with the premiums paid by each
426department for risk management insurance. This section expires
427July 1, 2009.
428     Section 15.  In order to implement the appropriation of
429funds in Special Categories-Transfer to Department of Management
430Services-Human Resources Services Purchased Per Statewide
431Contract of the 2008-2009 General Appropriations Act, and
432pursuant to the notice, review, and objection procedures of s.
433216.177, Florida Statutes, the Executive Office of the Governor
434is authorized to transfer funds appropriated in the
435appropriation category "Special Categories-Transfer to
436Department of Management Services-Human Resources Services
437Purchased Per Statewide Contract" of the 2008-2009 General
438Appropriations Act between departments in order to align the
439budget authority granted with the assessments that must be paid
440by each agency to the Department of Management Services for
441human resource management services. This section expires July 1,
4422009.
443     Section 16.  In order to implement specific appropriations
444for salaries and benefits in the 2008-2009 General
445Appropriations Act, paragraph (a) of subsection (12) of section
446110.123, Florida Statutes, is amended to read:
447     110.123  State group insurance program.--
448     (12)  HEALTH SAVINGS ACCOUNTS.--The department is
449authorized to establish health savings accounts for full-time
450and part-time state employees in association with a health
451insurance plan option authorized by the Legislature and
452conforming to the requirements and limitations of federal
453provisions relating to the Medicare Prescription Drug,
454Improvement, and Modernization Act of 2003.
455     (a)1.  A member participating in this health insurance plan
456option shall be eligible to receive an employer contribution
457into the employee's health savings account from the State
458Employees Health Insurance Trust Fund in an amount to be
459determined by the Legislature. A member is not eligible for an
460employer contribution upon termination of employment. For the
4612008-2009 2007-2008 fiscal year, the state's monthly
462contribution for employees having individual coverage shall be
463$41.66 and the monthly contribution for employees having family
464coverage shall be $83.33.
465     2.  A member participating in this health insurance plan
466option shall be eligible to deposit the member's own funds into
467a health savings account.
468     Section 17.  In order to implement Specific Appropriations
4692536, 2537, 2538, and 2542 of the 2008-2009 General
470Appropriations Act, for the 2008-2009 fiscal year only and
471notwithstanding any conflicting requirements of section 4 of
472chapter 2006-12, Laws of Florida, the Department of Financial
473Services may expend $998,820 of the funds appropriated by
474section 4 of chapter 2006-12, Laws of Florida, for salaries and
475related expenses. This section expires July 1, 2009.
476     Section 18.  In order to implement section 38 of the 2008-
4772009 General Appropriations Act, section 215.5595, Florida
478Statutes, is amended to read:
479     215.5595  Insurance Capital Build-Up Incentive Program.--
480     (1)  Upon entering the 2008 2006 hurricane season, the
481Legislature finds that:
482     (a)  The losses in this state Florida from eight hurricanes
483in 2004 and 2005 have seriously strained the resources of both
484the voluntary insurance market and the public sector mechanisms
485of Citizens Property Insurance Corporation and the Florida
486Hurricane Catastrophe Fund.
487     (b)  Private reinsurance is much less available and at a
488significantly greater cost to residential property insurers as
489compared to 1 year ago, particularly for amounts below the
490insurer's retention or retained losses that must be paid before
491reimbursement is provided by the Florida Hurricane Catastrophe
492Fund.
493     (c)  The Office of Insurance Regulation has reported that
494the insolvency of certain insurers may be imminent.
495     (d)  Hurricane forecast experts predict that the 2006
496hurricane season will be an active hurricane season and that the
497Atlantic and Gulf Coast regions face an active hurricane cycle
498of 10 to 20 years or longer.
499     (b)(e)  Citizens Property Insurance Corporation has over
5001.2 million policies in force and has the largest market share
501of any insurer writing residential property insurance in this
502state, and faces the threat of a catastrophic loss that The
503number of cancellations or nonrenewals of residential property
504insurance policies is expected to increase and the number of new
505residential policies written in the voluntary market are likely
506to decrease, causing increased policy growth and exposure to the
507state insurer of last resort, Citizens Property Insurance
508Corporation, and threatening to increase the deficit of the
509corporation, currently estimated to be over $1.7 billion. This
510deficit must be funded by assessments against insurers and
511policyholders, unless otherwise funded by the state. The program
512has a substantial positive effect on the depopulation efforts of
513Citizens Property Insurance Corporation since companies
514participating in the program have removed over 199,000 policies
515from the corporation. Companies participating in the program
516have issued a significant number of new polices thereby keeping
517an estimated 480,000 new polices out of the corporation.
518     (c)(f)  Policyholders are subject to high increased
519premiums and assessments that are increasingly making such
520coverage unaffordable and that may force policyholders to sell
521their homes and even leave the state.
522     (d)(g)  The increased risk to the public sector and private
523sector continues to pose poses a serious threat to the economy
524of this state, particularly the building and financing of
525residential structures, and existing mortgages may be placed in
526default.
527     (h)  The losses from 2004 and 2005, combined with the
528expectation that the increase in hurricane activity will
529continue for the foreseeable future, have caused both insurers
530and reinsurers to limit the capital they are willing to commit
531to covering the hurricane risk in Florida; attracting new
532capital to the Florida market is a critical priority; and
533providing a low-cost source of capital would enable insurers to
534write additional residential property insurance coverage and act
535to mitigate premium increases.
536     (e)(i)  Appropriating state funds to be exchanged for used
537as surplus notes issued by for residential property insurers,
538under conditions requiring the insurer to contribute additional
539private sector capital and to write a minimum level of premiums
540for residential hurricane coverage, is a valid and important
541public purpose.
542     (f)  Extending the program will provide an incentive for
543investors to commit additional capital to the residential
544insurance market in this state.
545     (2)  The purpose of this section is to provide funds in
546exchange for surplus notes to be issued by new or existing
547authorized residential property insurers under the Insurance
548Capital Build-Up Incentive Program administered by the State
549Board of Administration, under the following conditions:
550     (a)  The amount of state funds provided in exchange for a
551the surplus note to for any insurer or insurer group, other than
552an insurer writing only manufactured housing policies, may not
553exceed $25 million or 20 percent of the total amount of funds
554appropriated for available under the program, whichever is
555greater. The amount of the surplus note for any insurer or
556insurer group writing residential property insurance covering
557only manufactured housing may not exceed $7 million.
558     (b)  The insurer must contribute an amount of new capital
559to its surplus which is at least equal to the amount of the
560surplus note and must apply to the board by September 1, 2008
561July 1, 2006. If an insurer applies after September 1, 2008 July
5621, 2006, but before June 1, 2009 2007, the amount of the surplus
563note is limited to one-half of the new capital that the insurer
564contributes to its surplus, except that an insurer writing only
565manufactured housing policies is eligible to receive a surplus
566note of up to $7 million. For purposes of this section, new
567capital must be in the form of cash or cash equivalents as
568specified in s. 625.012(1).
569     (c)  The insurer's surplus, new capital, and the surplus
570note must total at least $50 million, except for insurers
571writing residential property insurance covering only
572manufactured housing. The insurer's surplus, new capital, and
573the surplus note must total at least $14 million for insurers
574writing only residential property insurance covering
575manufactured housing policies as provided in paragraph (a).
576     (d)  The insurer must commit to increase its writings of
577residential property insurance, including the peril of wind, and
578to meet meeting a minimum writing ratio of net written premium
579to surplus of at least 1:1 for the first year after receiving
580the state funds, 1.5:1 for the second year, and 2:1 for the
581remaining term of the surplus note. Alternatively, the insurer
582must meet a minimum writing ratio of gross written premium to
583surplus of at least 3:1 for the first year after receiving the
584state funds, 4.5:1 for the second year, and 6:1 for the
585remaining term of the surplus note. The writing ratios, which
586shall be determined by the Office of Insurance Regulation and
587certified quarterly to the board. For this purpose, the term
588"net written premium" means net written premium for residential
589property insurance in this state Florida, including the peril of
590wind, and "surplus" refers to the entire surplus of the insurer.
591The insurer must also commit to writing at least 10 percent of
592its net or gross written premium for new policies, not including
593renewal premiums, for policies taken out of Citizens Property
594Insurance Corporation, during each of the first 3 years after
595receiving the state funds in exchange for the surplus note,
596which shall be determined by the Office of Insurance Regulation
597and certified annually to the board. The office may determine
598that an insurer meets the requirement for taking policies out of
599the corporation, by written notice to the board, upon a finding
600that the insurer made offers of coverage to policyholders of the
601corporation which would have resulted in meeting this
602requirement had the policyholders accepted the offer. If the
603required ratio or the required writings for policies taken out
604of the corporation is not maintained during the term of the
605surplus note, the board may increase the interest rate,
606accelerate the repayment of interest and principal, or shorten
607the term of the surplus note, subject to approval by the
608Commissioner of Insurance of payments by the insurer of
609principal and interest as provided in paragraph (f).
610     (e)  If the requirements of this section are met, the board
611may approve an application by an insurer for funds in exchange
612for issuance of a surplus note, unless the board determines that
613the financial condition of the insurer and its business plan for
614writing residential property insurance in Florida places an
615unreasonably high level of financial risk to the state of
616nonpayment in full of the interest and principal. The board
617shall consult with the Office of Insurance Regulation and may
618contract with independent financial and insurance consultants in
619making this determination.
620     (f)  The surplus note must be repayable to the state with a
621term of 20 years. The surplus note shall accrue interest on the
622unpaid principal balance at a rate equivalent to the 10-year
623U.S. Treasury Bond rate, require the payment only of interest
624during the first 3 years, and include such other terms as
625approved by the board. The board may charge late fees up to 5
626percent for late payments or other late remittances. Payment of
627principal, or interest, or late fees by the insurer on the
628surplus note must be approved by the Commissioner of Insurance,
629who shall approve such payment unless the commissioner
630determines that such payment will substantially impair the
631financial condition of the insurer. If such a determination is
632made, the commissioner shall approve such payment that will not
633substantially impair the financial condition of the insurer.
634     (g)  The total amount of funds available for the program is
635limited to the amount appropriated by the Legislature for this
636purpose. If the amount of surplus notes requested by insurers
637exceeds the amount of funds available, the board may prioritize
638insurers that are eligible and approved, with priority for
639funding given to insurers writing only manufactured housing
640policies, regardless of the date of application, based on the
641financial strength of the insurer, the viability of its proposed
642business plan for writing additional residential property
643insurance in the state, and the effect on competition in the
644residential property insurance market. Between insurers writing
645residential property insurance covering manufactured housing,
646priority shall be given to the insurer writing the highest
647percentage of its policies covering manufactured housing.
648     (h)  The board may allocate portions of the funds available
649for the program and establish dates for insurers to apply for
650surplus notes from such allocation which are earlier than the
651dates established in paragraph (b).
652     (h)(i)  Notwithstanding paragraph (d), a newly formed
653manufactured housing insurer that is eligible for a surplus note
654under this section shall meet the premium to surplus ratio
655provisions of s. 624.4095.
656     (i)(j)  As used in this section, "an insurer writing only
657manufactured housing policies" includes:
658     1.  A Florida domiciled insurer that begins writing
659personal lines residential manufactured housing policies in
660Florida after March 1, 2007, and that removes a minimum of
66150,000 policies from Citizens Property Insurance Corporation
662without accepting a bonus, provided at least 25 percent of its
663policies cover manufactured housing. Such an insurer may count
664any funds above the minimum capital and surplus requirement that
665were contributed into the insurer after March 1, 2007, as new
666capital under this section.
667     2.  A Florida domiciled insurer that writes at least 40
668percent of its policies covering manufactured housing in
669Florida.
670     (3)  As used in this section, the term:
671     (a)  "Board" means the State Board of Administration.
672     (b)  "Program" means the Insurance Capital Build-Up
673Incentive Program established by this section.
674     (4)  The state funds provided to the insurer in exchange
675for the A surplus note provided to an insurer pursuant to this
676section are is considered borrowed surplus an asset of the
677insurer pursuant to s. 628.401 625.012.
678     (5)  If an insurer that receives funds in exchange for the
679issuance of a surplus note pursuant to this section is rendered
680insolvent, the state is a class 3 creditor pursuant to s.
681631.271 for the unpaid principal and interest on the surplus
682note.
683     (6)  The board shall adopt rules prescribing the
684procedures, administration, and criteria for approving the
685applications of insurers to receive funds in exchange for
686issuance of surplus notes pursuant to this section, which may be
687adopted pursuant to the procedures for emergency rules of
688chapter 120. Otherwise, actions and determinations by the board
689pursuant to this section are exempt from chapter 120.
690     (7)  The board shall invest and reinvest the funds
691appropriated for the program in accordance with s. 215.47 and
692consistent with board policy.
693     (8)  The amendments to this section enacted in 2008 do not
694affect the terms or conditions of surplus notes that were
695approved prior to January 1, 2008. However, the board may
696renegotiate the terms of any surplus note issued by an insurer
697prior to January 2008 under this program, upon the agreement of
698the insurer and the board, consistent with the requirements of
699this section as amended in 2008.
700     (9)  Citizens Property Insurance Corporation shall transfer
701$250 million to the General Revenue Fund on or before August 1,
7022008, for appropriation by the Legislature to the program.
703     Section 19.  No amendments made to s. 215.5595, Florida
704Statutes, or any transfer of funds authorized by this act shall
705be used by Citizens Property Insurance Corporation as
706justification or cause in seeking any premium or assessment
707increase.
708     Section 20.  The amendments to s. 215.5595, Florida
709Statutes, made by this act shall expire July 1, 2009, and the
710text of that section shall revert to that in existence on June
71130, 2008, except that any amendments to such text enacted other
712than by this act shall be preserved and continue to operate to
713the extent that such amendments are not dependent upon the
714portions of such text which expire pursuant to this section.
715     Section 21.  In order to implement Specific Appropriation
7161541 of the 2008-2009 General Appropriations Act, subsection (5)
717is added to section 252.373, Florida Statutes, to read:
718     252.373  Allocation of funds; rules.--
719     (5)  Notwithstanding subsection (1) and for the 2008-2009
720fiscal year only, the Division of Emergency Management shall use
721funds appropriated from the Emergency Management, Preparedness,
722and Assistance Trust Fund to provide emergency power generators
723in special-needs hurricane evacuation shelters pursuant to the
724provisions of section 1 of chapter 2006-71, Laws of Florida,
725except that such funds may not be used for administrative
726purposes and the matching fund requirements of Specific
727Appropriation 1541 of the 2008-2009 General Appropriations Act
728must be met. This subsection expires July 1, 2009.
729     Section 22.  In order to implement Specific Appropriation
7301541 of the 2008-2009 General Appropriations Act, subsection (8)
731of section 215.559, Florida Statutes, is renumbered as
732subsection (9), and a new subsection (8) is added to that
733section to read:
734     215.559  Hurricane Loss Mitigation Program.--
735     (8)  Notwithstanding any other provision of this section
736and for the 2008-2009 fiscal year only, the Division of
737Emergency Management shall use funds appropriated from the
738Grants and Donations Trust Fund to provide emergency power
739generators in special-needs hurricane evacuation shelters
740pursuant to the provisions of section 1 of chapter 2006-71, Laws
741of Florida, except that such funds may not be used for
742administrative purposes and the matching fund requirements of
743Specific Appropriation 1541 of the 2008-2009 General
744Appropriations Act must be met. This subsection expires July 1,
7452009.
746     Section 23.  In order to implement Specific Appropriation
7472635 of the 2008-2009 General Appropriations Act, subsection (1)
748of section 288.1088, Florida Statutes, is amended to read:
749     288.1088  Quick Action Closing Fund.--
750     (1)(a)  The Legislature finds that attracting, retaining,
751and providing favorable conditions for the growth of certain
752high-impact business facilities, privately developed critical
753rural infrastructure, or key facilities in economically
754distressed urban or rural communities which provide widespread
755economic benefits to the public through high-quality employment
756opportunities in such facilities or in related facilities
757attracted to the state, through the increased tax base provided
758by the high-impact facility and related businesses, through an
759enhanced entrepreneurial climate in the state and the resulting
760business and employment opportunities, and through the
761stimulation and enhancement of the state's universities and
762community colleges. In the global economy, there exists serious
763and fierce international competition for these facilities, and
764in most instances, when all available resources for economic
765development have been used, the state continues to encounter
766severe competitive disadvantages in vying for these business
767facilities. Florida's rural areas must provide a competitive
768environment for business in the information age. This often
769requires an incentive to make it feasible for private investors
770to provide infrastructure in those areas. The state's less
771populated regions that seek economic development, that have
772suitable land and water resources to accommodate growth in an
773environmentally acceptable manner, and that have adopted a
774conceptual long-term buildout overlay to the comprehensive plan
775under s. 163.3184 and a detailed specific area plan that
776implements the conceptual long-term buildout overlay to the
777comprehensive plan must be provided incentives to actively
778pursue high-impact business facilities that will serve as a
779catalyst to stimulate economic growth.
780     (b)  The Legislature therefore declares that sufficient
781resources shall be available to respond to extraordinary
782economic opportunities and to compete effectively for these
783high-impact business facilities, critical private infrastructure
784in rural areas, and key businesses in less populated regions and
785economically distressed urban or rural communities.
786     Section 24.  The amendments to s. 288.1088(1), Florida
787Statutes, made by this act shall expire July 1, 2009, and the
788text of that section shall revert to that in existence on June
78930, 2008, except that any amendments to such text enacted other
790than by this act shall be preserved and continue to operate to
791the extent that such amendments are not dependent upon the
792portions of such text which expire pursuant to this section.
793     Section 25.  In order to implement Specific Appropriation
7941591 of the 2008-2009 General Appropriations Act, subsection (3)
795of section 553.75, Florida Statutes, is amended to read:
796     553.75  Organization of commission; rules and regulations;
797meetings; staff; fiscal affairs.--
798     (3)  The department shall be responsible for the provision
799of administrative and staff support services relating to the
800functions of the commission. With respect to matters within the
801jurisdiction of the commission, the department shall be
802responsible for the implementation and faithful discharge of all
803decisions of the commission made pursuant to its authority under
804the provisions of this part. The department may use
805communications media technology to conduct any meetings of the
806commission or meetings held in conjunction with the commission.
807     Section 26.  The amendments to s. 553.75(3), Florida
808Statutes, made by this act shall expire July 1, 2009, and the
809text of that section shall revert to that in existence on June
81030, 2008, except that any amendments to such text enacted other
811than by this act shall be preserved and continue to operate to
812the extent that such amendments are not dependent upon the
813portions of such text which expire pursuant to this section.
814     Section 27.  In order to implement Specific Appropriations
8151748, 1756, and 1770 of the 2008-2009 General Appropriations
816Act, paragraphs (c) and (d) are added to subsection (2) of
817section 259.032, Florida Statutes, to read:
818     259.032  Conservation and Recreation Lands Trust Fund;
819purpose.--
820     (2)
821     (c)  Notwithstanding any other provision of this section
822and for the 2008-2009 fiscal year only, funds in the
823Conservation and Recreation Lands Trust Fund may be transferred
824to the Nonmandatory Land Reclamation Trust Fund for activities
825associated with the cleanup of the Mulberry and Piney Point
826sites and expended as directed by the Legislature in the 2008-
8272009 General Appropriations Act. This paragraph expires July 1,
8282009.
829     (d)  Notwithstanding any other provision of this section
830and for the 2008-2009 fiscal year only, funds in the
831Conservation and Recreation Lands Trust Fund may be transferred
832to the Ecosystem Management and Restoration Trust Fund for beach
833restoration activities and expended as directed by the
834Legislature in the 2008-2009 General Appropriations Act. This
835paragraph expires July 1, 2009.
836     Section 28.  In order to implement the 2008-2009 General
837Appropriations Act, and effective upon this act becoming a law,
838subsections (3) through (11) of section 216.221, Florida
839Statutes, are renumbered as subsections (4) through (12),
840respectively, and a new subsection (3) is added to that section
841to read:
842     216.221  Appropriations as maximum appropriations;
843adjustment of budgets to avoid or eliminate deficits.--
844     (3)  Notwithstanding s. 216.222, and for the 2007-2008 and
8452008-2009 fiscal years only, if the Revenue Estimating
846Conference projects that General Revenue Fund collections will
847fall below the March 11, 2008, official estimates, adjusted for
848changes in the law enacted at the 2008 Regular Session of the
849Legislature, by $200 million or more in either year or in both
850years combined, the Governor is authorized to submit to the
851Legislative Budget Commission a budget amendment, and the
852Legislative Budget Commission is authorized to approve such
853budget amendment, requesting the transfer of funds from the
854Budget Stabilization Fund to the General Revenue Fund. The total
855of all such transfers made pursuant to this subsection may not
856exceed the lesser of the projected revenue shortfalls as
857described in this subsection or one-half of the May 1, 2008,
858cash balance in the Budget Stabilization Fund. This subsection
859expires July 1, 2009.
860     Section 29.  In order to implement the 2008-2009 General
861Appropriations Act, and effective upon this act becoming a law,
862paragraph (f) is added to subsection (5) of section 215.5601,
863Florida Statutes, to read:
864     215.5601  Lawton Chiles Endowment Fund.--
865     (5)  AVAILABILITY OF FUNDS; USES.--
866     (f)  Notwithstanding any other provision of this section,
867and for the 2007-2008 and 2008-2009 fiscal years only, if
868transfers from the Budget Stabilization Fund authorized in s.
869216.221(3) are insufficient to address projected revenue
870shortfalls as described in that subsection, the Governor is
871authorized to submit to the Legislative Budget Commission a
872budget amendment, and the Legislative Budget Commission is
873authorized to approve such budget amendment, requesting the
874transfer of funds from the Lawton Chiles Endowment Fund to the
875General Revenue Fund. The total of all such transfers made
876pursuant to this subsection shall not exceed the lesser of the
877projected revenue shortfalls remaining after transfers from the
878Budget Stabilization Fund as described in s. 216.221(3) or $1
879billion. Any expenditure from the Lawton Chiles Endowment Fund
880made pursuant to this paragraph must be restored by making five
881equal annual transfers from the General Revenue Fund, beginning
882in the third fiscal year following that in which the expenditure
883was made. This paragraph expires July 1, 2009.
884     Section 30.  For the 2008-2009 fiscal year, salaries of
885legislators shall be reduced by 2.5 percent. Any moneys
886resulting from such reduction shall revert to the General
887Revenue Fund. This section expires July 1, 2009.
888     Section 31.  Notwithstanding s. 212.20(6)(d), Florida
889Statutes, the Department of Revenue may not make any
890distribution in the 2008-2009 fiscal year to any facility for a
891new professional sports franchise or a facility for a retained
892professional sports franchise as defined in s. 288.1162, Florida
893Statutes.
894     Section 32.  A section of this act that implements a
895specific appropriation or specifically identified proviso
896language in the 2008-2009 General Appropriations Act is void if
897the specific appropriation or specifically identified proviso
898language is vetoed. A section of this act that implements more
899than one specific appropriation or more than one portion of
900specifically identified proviso language in the 2008-2009
901General Appropriations Act is void if all the specific
902appropriations or portions of specifically identified proviso
903language are vetoed.
904     Section 33.  If any other act passed in 2008 contains a
905provision that is substantively the same as a provision in this
906act, but that removes or is otherwise not subject to the future
907repeal applied to such provision by this act, the Legislature
908intends that the provision in the other act shall take
909precedence and shall continue to operate, notwithstanding the
910future repeal provided by this act.
911     Section 34.  If any provision of this act or its
912application to any person or circumstance is held invalid, the
913invalidity does not affect other provisions or applications of
914the act which can be given effect without the invalid provision
915or application, and to this end the provisions of this act are
916severable.
917     Section 35.  Except as otherwise expressly provided in this
918act, this act shall take effect July 1, 2008; or, if this act
919fails to become a law until after that date, it shall take
920effect upon becoming a law and shall operate retroactively to
921July 1, 2008.


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