| 1 | A bill to be entitled |
| 2 | An act implementing the 2008-2009 General Appropriations |
| 3 | Act; providing legislative intent; amending s. 1001.451, |
| 4 | F.S.; revising the incentive grant amounts for regional |
| 5 | consortium service organizations; amending s. 1012.225, |
| 6 | F.S.; revising the dates when Merit Award Program plans |
| 7 | must be submitted; amending s. 394.908, F.S.; requiring |
| 8 | that funds appropriated for forensic mental health |
| 9 | treatment services be allocated to the areas of the state |
| 10 | having the greatest demand for services and treatment |
| 11 | capacity; providing allocation requirements for specified |
| 12 | funds appropriated for mental health services; providing |
| 13 | for a health care collaborative action network and |
| 14 | discount health care pilot program in Miami-Dade County; |
| 15 | authorizing the Executive Office of the Governor to |
| 16 | approve the increase in nonoperating transfer budget |
| 17 | authority for trust funds in the Department of Children |
| 18 | and Family Services; authorizing the Department of |
| 19 | Corrections and the Department of Juvenile Justice to make |
| 20 | certain expenditures to defray costs incurred by a |
| 21 | municipality or county as a result of opening or operating |
| 22 | a facility under authority of the respective department; |
| 23 | amending s. 216.262, F.S.; providing for additional |
| 24 | positions to operate additional prison bed capacity under |
| 25 | certain circumstances; amending s. 216.292, F.S.; |
| 26 | authorizing certain transfers of appropriations for |
| 27 | operations from general revenue between budget categories |
| 28 | and entities of the criminal conflict and civil regional |
| 29 | counsels and the budget category for child dependency and |
| 30 | civil conflict cases within the Justice Administrative |
| 31 | Commission; providing for future expiration of such |
| 32 | provisions; authorizing the Department of Legal Affairs to |
| 33 | expend appropriated funds on programs funded in the |
| 34 | preceding fiscal year; authorizing the Department of Legal |
| 35 | Affairs to transfer certain funds to pay salaries and |
| 36 | benefits; amending s. 112.24, F.S.; providing |
| 37 | circumstances under which a receiving party is not |
| 38 | required to pay certain reimbursement costs for a state |
| 39 | employee pursuant to an intergovernmental interchange; |
| 40 | authorizing the Executive Office of the Governor to |
| 41 | transfer funds between departments for purposes of |
| 42 | aligning amounts paid for risk management premiums and for |
| 43 | purposes of aligning amounts paid for human resource |
| 44 | management services; amending s. 110.123, F.S.; providing |
| 45 | for the state's monthly contribution for employees under |
| 46 | the state group insurance program; authorizing the |
| 47 | Department of Financial Services to expend certain funds |
| 48 | for salaries and related expenses; amending s. 215.5595, |
| 49 | F.S.; revising legislative findings; providing for |
| 50 | appropriated state funds to be exchanged for surplus notes |
| 51 | issued by residential property insurers under the program; |
| 52 | revising the conditions and requirements for providing |
| 53 | funds to insurers under the program; requiring a |
| 54 | commitment by the insurer to meet minimum premium-to- |
| 55 | surplus writing ratios for residential property insurance |
| 56 | and for taking policies out of Citizens Property Insurance |
| 57 | Corporation; authorizing the State Board of Administration |
| 58 | to charge a fee for late payments; providing that |
| 59 | amendments made by the act do not affect the terms of |
| 60 | surplus notes approved prior to a specified date; |
| 61 | authorizing the State Board of Administration and an |
| 62 | insurer to renegotiate such terms consistent with such |
| 63 | amendments; requiring Citizens Property Insurance |
| 64 | Corporation to transfer funds to the General Revenue Fund |
| 65 | for appropriation by the Legislature for program purposes; |
| 66 | prohibiting certain statutory amendments or transfer of |
| 67 | funds for use by Citizens Property Insurance Corporation |
| 68 | for certain purposes; amending s. 252.373, F.S.; |
| 69 | requiring the Division of Emergency Management to provide |
| 70 | emergency power generators to special-needs hurricane |
| 71 | evacuation shelters from the Emergency Management, |
| 72 | Preparedness, and Assistance Trust Fund; amending s. |
| 73 | 215.559, F.S.; requiring the Division of Emergency |
| 74 | Management to provide emergency power generators to |
| 75 | special-needs hurricane evacuation shelters from the |
| 76 | Grants and Donations Trust Fund; amending s. 288.1088, |
| 77 | F.S.; requiring the availability of incentives to |
| 78 | stimulate economic growth in certain rural areas; amending |
| 79 | s. 553.75, F.S.; authorizing the use of communication |
| 80 | media technology at certain meetings of the Florida |
| 81 | Building Commission; amending s. 259.032, F.S.; authorizes |
| 82 | the transfer of funds from the Conservation and Recreation |
| 83 | Lands Trust Fund for certain cleanup and beach restoration |
| 84 | activities; providing for reversion of certain provisions; |
| 85 | amending s. 216.221, F.S.; providing for conditions under |
| 86 | which the Governor is authorized to request a transfer of |
| 87 | funds from the Budget Stabilization Fund to the General |
| 88 | Revenue Fund; amending s. 215.5601, F.S.; providing for |
| 89 | conditions under which the Governor is authorized to |
| 90 | request a transfer of funds from the Lawton Chiles |
| 91 | Endowment Fund to the General Revenue Fund and providing |
| 92 | for a schedule of repayment; providing for temporary |
| 93 | reduction of legislators' salaries; prohibiting the |
| 94 | Department of Revenue from making certain distributions in |
| 95 | the 2008-2009 fiscal year to certain sports facilities; |
| 96 | providing for the effect of a veto of one or more specific |
| 97 | appropriations or proviso to which implementing language |
| 98 | refers; providing for the continued operation of certain |
| 99 | provisions notwithstanding a future repeal or expiration |
| 100 | provided by the act; providing for severability; providing |
| 101 | effective dates. |
| 102 |
|
| 103 | Be It Enacted by the Legislature of the State of Florida: |
| 104 |
|
| 105 | Section 1. It is the intent of the Legislature that the |
| 106 | implementing and administering provisions of this act apply to |
| 107 | the General Appropriations Act for the 2008-2009 fiscal year. |
| 108 | Section 2. In order to implement Specific Appropriation |
| 109 | 101 of the 2008-2009 General Appropriations Act, paragraph (a) |
| 110 | of subsection (2) of section 1001.451, Florida Statutes, is |
| 111 | amended to read: |
| 112 | 1001.451 Regional consortium service organizations.--In |
| 113 | order to provide a full range of programs to larger numbers of |
| 114 | students, minimize duplication of services, and encourage the |
| 115 | development of new programs and services: |
| 116 | (2)(a)1. Each regional consortium service organization |
| 117 | that consists of four or more school districts is eligible to |
| 118 | receive, through the Department of Education, an incentive grant |
| 119 | of $50,000 per school district and eligible member to be used |
| 120 | for the delivery of services within the participating school |
| 121 | districts. The determination of services and use of such funds |
| 122 | shall be established by the board of directors of the regional |
| 123 | consortium service organization. The funds shall be distributed |
| 124 | to each regional consortium service organization no later than |
| 125 | 30 days following the release of the funds to the department. |
| 126 | 2. For the 2008-2009 fiscal year only, the amount of the |
| 127 | incentive grant authorized under subparagraph 1. is reduced by 4 |
| 128 | percent to $48,000 per school district and eligible member. This |
| 129 | subparagraph expires July 1, 2009. |
| 130 | Section 3. In order to implement Specific Appropriation 81 |
| 131 | of the 2008-2009 General Appropriations Act, subsection (5) of |
| 132 | section 1012.225, Florida Statutes, is amended to read: |
| 133 | 1012.225 Merit Award Program for Instructional Personnel |
| 134 | and School-Based Administrators.-- |
| 135 | (5) REVIEW OF PERFORMANCE-BASED PAY PLANS.-- |
| 136 | (a) Each participating district school board must submit |
| 137 | its Merit Award Program plan for the 2008-2009 fiscal year to |
| 138 | the Commissioner of Education for review by October 1, 2008 of |
| 139 | each year. The plan must include the negotiated, district- |
| 140 | adopted plan or charter school adopted plan if the district does |
| 141 | not submit a plan intended for use in the following year. The |
| 142 | commissioner shall complete a review of each plan submitted and |
| 143 | determine compliance with the requirements of this section by |
| 144 | November 15 of each year. If a submitted plan fails to meet the |
| 145 | requirements of this section, the commissioner must identify in |
| 146 | writing the specific revisions that are required. Revised plans |
| 147 | must be finalized and resubmitted by a school district, or by a |
| 148 | charter school if the district does not submit a plan, for the |
| 149 | commissioner's review by January 31 of each year. The |
| 150 | commissioner shall certify those school district or charter |
| 151 | school plans that do not comply with this section to the |
| 152 | Governor, the President of the Senate, and the Speaker of the |
| 153 | House of Representatives by February 15 of each year. |
| 154 | (b) Any charter school that does not follow the school |
| 155 | district's salary schedule may adopt its own performance-based |
| 156 | plan in accordance with this section. Charter school proposals |
| 157 | shall be included with the school district plans or may be |
| 158 | submitted independently if the district does not submit a plan. |
| 159 | (c) Each district school board shall establish a procedure |
| 160 | to annually review both the assessment and compensation |
| 161 | components of its plan in order to determine compliance with |
| 162 | this section. After this review and by October 1 of each year, |
| 163 | the district school board shall submit a report to the |
| 164 | Commissioner of Education, along with supporting documentation |
| 165 | that will enable the commissioner to verify the district's |
| 166 | compliance with this section during the prior school year. The |
| 167 | commissioner shall submit a report to the Governor, the |
| 168 | President of the Senate, and the Speaker of the House of |
| 169 | Representatives certifying those school district or charter |
| 170 | school plans that do not comply with this section or whose plans |
| 171 | were not implemented in accordance with this section by December |
| 172 | 1 of each year. |
| 173 | (d) For purposes of the 2007-2008 school year, the plan |
| 174 | submitted as required in paragraph (a) applies to the 2007-2008 |
| 175 | school year as well as the 2008-2009 school year. Thereafter, |
| 176 | all plans submitted and approved within the timelines set forth |
| 177 | in paragraph (a) apply to the following school year. |
| 178 | Section 4. The amendments to s. 1012.225(5), Florida |
| 179 | Statutes, made by this act shall expire July 1, 2009, and the |
| 180 | text of that section shall revert to that in existence on June |
| 181 | 30, 2008, except that any amendments to such text enacted other |
| 182 | than by this act shall be preserved and continue to operate to |
| 183 | the extent that such amendments are not dependent upon the |
| 184 | portions of such text which expire pursuant to this section. |
| 185 | Section 5. In order to implement Specific Appropriations |
| 186 | 376 through 415 of the 2008-2009 General Appropriations Act, |
| 187 | subsection (3) of section 394.908, Florida Statutes, is amended |
| 188 | to read: |
| 189 | 394.908 Substance abuse and mental health funding equity; |
| 190 | distribution of appropriations.--In recognition of the |
| 191 | historical inequity in the funding of substance abuse and mental |
| 192 | health services for the department's districts and regions and |
| 193 | to rectify this inequity and provide for equitable funding in |
| 194 | the future throughout the state, the following funding process |
| 195 | shall be used: |
| 196 | (3)(a) Any additional funding beyond the 2005-2006 fiscal |
| 197 | year base appropriation for alcohol, drug abuse, and mental |
| 198 | health services shall be allocated to districts for substance |
| 199 | abuse and mental health services based on: |
| 200 | 1.(a) Epidemiological estimates of disabilities that apply |
| 201 | to the respective target populations. |
| 202 | 2.(b) A pro rata share distribution that ensures districts |
| 203 | below the statewide average funding level per person in each |
| 204 | target population of "persons in need" receive funding necessary |
| 205 | to achieve equity. |
| 206 | (b) Notwithstanding paragraph (a) and for the 2008-2009 |
| 207 | fiscal year only, funds appropriated for forensic mental health |
| 208 | treatment services shall be allocated to the areas of the state |
| 209 | having the greatest demand for services and treatment capacity. |
| 210 | This paragraph expires July 1, 2009. |
| 211 | (c) Notwithstanding paragraph (a) and for the 2008-2009 |
| 212 | fiscal year only, additional funds appropriated for mental |
| 213 | health services from funds available through the Community-Based |
| 214 | Medicaid Administrative Claiming Program shall be allocated as |
| 215 | provided in the 2008-2009 General Appropriations Act and in |
| 216 | proportion to contributed provider earnings. Where these mental |
| 217 | health funds are used in lieu of funds from the General Revenue |
| 218 | Fund, the allocation of funds shall be unchanged from the |
| 219 | allocation for those funds for the 2007-2008 fiscal year. This |
| 220 | paragraph expires July 1, 2009. |
| 221 | Section 6. Health care collaborative action network and |
| 222 | discount health care pilot program.-- |
| 223 | (1) In order to implement Specific Appropriation 588 of |
| 224 | the 2008-2009 General Appropriations Act, the Department of |
| 225 | Health shall develop and establish a health care collaborative |
| 226 | action network as a 1-year pilot program in Miami-Dade County. |
| 227 | (2) In order to implement the pilot program, the Miami- |
| 228 | Dade County Health Department shall: |
| 229 | (a) Establish an alliance of hospitals, federally |
| 230 | qualified health centers, free clinics, physician groups and |
| 231 | other health care providers in Miami-Dade County for the purpose |
| 232 | of increasing access to and coordination of care. Approval of a |
| 233 | certificate of need by the Agency for Health Care Administration |
| 234 | for any provider in Miami-Dade County during the 1-year pilot |
| 235 | program shall be contingent on that provider actively |
| 236 | participating in the alliance. The Department of Health shall |
| 237 | require all contract providers in Miami-Dade County to |
| 238 | participate in the alliance as a condition of the contract and |
| 239 | shall impose this requirement on all future contracts entered |
| 240 | into during the 1-year pilot program and amend all existing |
| 241 | contracts to reflect this requirement. |
| 242 | (b) Ensure coordination of service delivery, increased |
| 243 | access to health care, enhanced cooperation among participating |
| 244 | network providers, elimination of duplication, and establishment |
| 245 | of a medical home for all patients served by members of the |
| 246 | network. |
| 247 | (c) Establish a discount health care card program and |
| 248 | negotiate with provider members of the alliance to establish |
| 249 | discounted charges for services provided to enrollees in the |
| 250 | discount health care card program. Approval of a certificate of |
| 251 | need by the Agency for Health Care Administration for any |
| 252 | provider in Miami-Dade County during the 1-year pilot program |
| 253 | shall be contingent on that provider actively participating in |
| 254 | the discount health care card program. The Department of Health |
| 255 | shall require all contract providers in Miami-Dade County to |
| 256 | participate in the discount health care card program as a |
| 257 | condition of the contract and shall impose this requirement on |
| 258 | all future contracts entered into during the 1-year pilot |
| 259 | program and amend all existing contracts to reflect this |
| 260 | requirement. |
| 261 | (d) Ensure that the discount health care card is available |
| 262 | to any uninsured resident of Miami-Dade County with a family |
| 263 | income below 200 percent of the federal poverty level. |
| 264 | Reimbursement or payment for health care services by a |
| 265 | participant's health insurance policy or health plan or other |
| 266 | coverage contract shall be governed by the terms of that |
| 267 | contract. |
| 268 | (e) Ensure that primary care services, either for free or |
| 269 | at a discount rate, are made available to all uninsured and |
| 270 | underserved populations in Miami-Dade County by the network |
| 271 | members. |
| 272 | (f) Encourage participating providers to create and |
| 273 | maintain an electronic medical record for each Miami-Dade County |
| 274 | resident who participates in the pilot program. |
| 275 | (3) On January 1, 2009, the department shall submit to the |
| 276 | Governor, the President of the Senate, and the Speaker of the |
| 277 | House of Representatives a report on the success and outcomes |
| 278 | achieved by the pilot program, which must include a |
| 279 | recommendation as to whether the pilot program should be |
| 280 | continued, 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 |
| 283 | 290 through 469 of the 2008-2009 General Appropriations Act and |
| 284 | notwithstanding the provisions of chapter 216, Florida Statutes, |
| 285 | the Executive Office of the Governor, in consultation with the |
| 286 | Legislature, may approve the increase in nonoperating transfer |
| 287 | budget authority for trust funds in the Department of Children |
| 288 | and Family Services to continue programs authorized by the 2008- |
| 289 | 2009 General Appropriations Act. This section expires July 1, |
| 290 | 2009. |
| 291 | Section 8. In order to fulfill legislative intent |
| 292 | regarding the use of funds contained in Specific Appropriations |
| 293 | 721L, 721X, 721AI, and 1146 of the 2008-2009 General |
| 294 | Appropriations Act, the Department of Corrections and the |
| 295 | Department of Juvenile Justice may expend appropriated funds to |
| 296 | assist in defraying the costs of impacts that are incurred by a |
| 297 | municipality or county and associated with opening or operating |
| 298 | a facility under the authority of the respective department |
| 299 | which is located within that municipality or county. The amount |
| 300 | that is to be paid under this section for any facility may not |
| 301 | exceed 1 percent of the facility construction cost, less |
| 302 | building impact fees imposed by the municipality or by the |
| 303 | county if the facility is located in the unincorporated portion |
| 304 | of the county. This section expires July 1, 2009. |
| 305 | Section 9. In order to implement Specific Appropriations |
| 306 | 721A through 760H and 780 through 806 of the 2008-2009 General |
| 307 | Appropriations Act, subsection (4) of section 216.262, Florida |
| 308 | Statutes, is amended to read: |
| 309 | 216.262 Authorized positions.-- |
| 310 | (4) Notwithstanding the provisions of this chapter on |
| 311 | increasing the number of authorized positions, and for the 2008- |
| 312 | 2009 2007-2008 fiscal year only, if the actual inmate population |
| 313 | of the Department of Corrections exceeds the inmate population |
| 314 | projections of the February 15, 2008 February 16, 2007, Criminal |
| 315 | Justice Estimating Conference by 1 percent for 2 consecutive |
| 316 | months or 2 percent for any month, the Executive Office of the |
| 317 | Governor, with the approval of the Legislative Budget |
| 318 | Commission, shall immediately notify the Criminal Justice |
| 319 | Estimating Conference, which shall convene as soon as possible |
| 320 | to revise the estimates. The Department of Corrections may then |
| 321 | submit a budget amendment requesting the establishment of |
| 322 | positions in excess of the number authorized by the Legislature |
| 323 | and additional appropriations from unallocated general revenue |
| 324 | sufficient to provide for essential staff, fixed capital |
| 325 | improvements, and other resources to provide classification, |
| 326 | security, food services, health services, and other variable |
| 327 | expenses within the institutions to accommodate the estimated |
| 328 | increase in the inmate population. All actions taken pursuant to |
| 329 | the authority granted in this subsection shall be subject to |
| 330 | review and approval by the Legislative Budget Commission. This |
| 331 | subsection expires July 1, 2009 2008. |
| 332 | Section 10. In order to implement Specific Appropriations |
| 333 | 819, 821, and 1048 through 1072 of the 2008-2009 General |
| 334 | Appropriations 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 |
| 338 | approval of the Executive Office of the Governor for the |
| 339 | executive branch or the Chief Justice for the judicial branch, |
| 340 | subject to the notice and objection provisions of s. 216.177: |
| 341 | (c) The transfer of appropriations for operations from |
| 342 | general revenue between categories of appropriations within each |
| 343 | criminal conflict and civil regional counsel budget entity. This |
| 344 | paragraph expires July 1, 2009 2008. |
| 345 | (d) The transfer of appropriations for operations from |
| 346 | general revenue between criminal conflict and civil regional |
| 347 | counsel budget entities. This paragraph expires July 1, 2009 |
| 348 | 2008. |
| 349 | (e) The transfer of appropriations for operations from |
| 350 | general revenue between criminal conflict and civil regional |
| 351 | counsel budget entities and the child dependency and civil |
| 352 | conflict case appropriation category and the criminal conflict |
| 353 | case costs appropriation category within the Justice |
| 354 | Administrative Commission. This paragraph expires July 1, 2009 |
| 355 | 2008. |
| 356 | Section 11. In order to implement Specific Appropriations |
| 357 | 1301 and 1302 of the 2008-2009 General Appropriations Act, the |
| 358 | Department of Legal Affairs is authorized to expend appropriated |
| 359 | funds in those specific appropriations on the same programs that |
| 360 | were funded by the department pursuant to specific |
| 361 | appropriations made in general appropriations acts in prior |
| 362 | years. This section expires July 1, 2009. |
| 363 | Section 12. In order to implement Specific Appropriations |
| 364 | 1266, 1286, 1307, and 1317 of the 2008-2009 General |
| 365 | Appropriations Act, the Department of Legal Affairs is |
| 366 | authorized to transfer cash remaining after required |
| 367 | disbursements from Attorney General case numbers L01-6-1004, |
| 368 | L03-6-1002, and L01-6-1009 from FLAIR account 41-74-2-601001- |
| 369 | 41100100-00-181076-00 to the Operating Trust fund to pay |
| 370 | salaries and benefits. This section expires July 1, 2009. |
| 371 | Section 13. In order to implement Specific Appropriations |
| 372 | for salaries and benefits in the 2008-2009 General |
| 373 | Appropriations Act, paragraph (b) of subsection (3) of section |
| 374 | 112.24, Florida Statutes, is amended to read: |
| 375 | 112.24 Intergovernmental interchange of public |
| 376 | employees.--To encourage economical and effective utilization of |
| 377 | public employees in this state, the temporary assignment of |
| 378 | employees among agencies of government, both state and local, |
| 379 | and including school districts and public institutions of higher |
| 380 | education is authorized under terms and conditions set forth in |
| 381 | this section. State agencies, municipalities, and political |
| 382 | subdivisions are authorized to enter into employee interchange |
| 383 | agreements with other state agencies, the Federal Government, |
| 384 | another state, a municipality, or a political subdivision |
| 385 | including a school district, or with a public institution of |
| 386 | higher education. State agencies are also authorized to enter |
| 387 | into employee interchange agreements with private institutions |
| 388 | of higher education and other nonprofit organizations under the |
| 389 | terms and conditions provided in this section. In addition, the |
| 390 | Governor or the Governor and Cabinet may enter into employee |
| 391 | interchange agreements with a state agency, the Federal |
| 392 | Government, another state, a municipality, or a political |
| 393 | subdivision including a school district, or with a public |
| 394 | institution of higher learning to fill, subject to the |
| 395 | requirements of chapter 20, appointive offices which are within |
| 396 | the executive branch of government and which are filled by |
| 397 | appointment by the Governor or the Governor and Cabinet. Under |
| 398 | no circumstances shall employee interchange agreements be |
| 399 | utilized for the purpose of assigning individuals to participate |
| 400 | in political campaigns. Duties and responsibilities of |
| 401 | interchange employees shall be limited to the mission and goals |
| 402 | of the agencies of government. |
| 403 | (3) Salary, leave, travel and transportation, and |
| 404 | reimbursements for an employee of a sending party that is |
| 405 | participating in an interchange program shall be handled as |
| 406 | follows: |
| 407 | (b)1. The assignment of an employee of a state agency |
| 408 | either on detail or on leave of absence may be made without |
| 409 | reimbursement by the receiving party for the travel and |
| 410 | transportation expenses to or from the place of the assignment |
| 411 | or for the pay and benefits, or a part thereof, of the employee |
| 412 | during the assignment. |
| 413 | 2. For the 2008-2009 fiscal year only, the assignment of |
| 414 | an employee of a state agency as provided in subparagraph 1. may |
| 415 | only be made as authorized in the General Appropriations Act. |
| 416 | This subparagraph expires July 1, 2009. |
| 417 | Section 14. In order to implement the appropriation of |
| 418 | funds in Special Categories-Risk Management Insurance of the |
| 419 | 2008-2009 General Appropriations Act, and pursuant to the |
| 420 | notice, review, and objection procedures of s. 216.177, Florida |
| 421 | Statutes, the Executive Office of the Governor is authorized to |
| 422 | transfer funds appropriated in the appropriation category |
| 423 | "Special Categories-Risk Management Insurance" of the 2008-2009 |
| 424 | General Appropriations Act between departments in order to align |
| 425 | the budget authority granted with the premiums paid by each |
| 426 | department for risk management insurance. This section expires |
| 427 | July 1, 2009. |
| 428 | Section 15. In order to implement the appropriation of |
| 429 | funds in Special Categories-Transfer to Department of Management |
| 430 | Services-Human Resources Services Purchased Per Statewide |
| 431 | Contract of the 2008-2009 General Appropriations Act, and |
| 432 | pursuant to the notice, review, and objection procedures of s. |
| 433 | 216.177, Florida Statutes, the Executive Office of the Governor |
| 434 | is authorized to transfer funds appropriated in the |
| 435 | appropriation category "Special Categories-Transfer to |
| 436 | Department of Management Services-Human Resources Services |
| 437 | Purchased Per Statewide Contract" of the 2008-2009 General |
| 438 | Appropriations Act between departments in order to align the |
| 439 | budget authority granted with the assessments that must be paid |
| 440 | by each agency to the Department of Management Services for |
| 441 | human resource management services. This section expires July 1, |
| 442 | 2009. |
| 443 | Section 16. In order to implement specific appropriations |
| 444 | for salaries and benefits in the 2008-2009 General |
| 445 | Appropriations Act, paragraph (a) of subsection (12) of section |
| 446 | 110.123, Florida Statutes, is amended to read: |
| 447 | 110.123 State group insurance program.-- |
| 448 | (12) HEALTH SAVINGS ACCOUNTS.--The department is |
| 449 | authorized to establish health savings accounts for full-time |
| 450 | and part-time state employees in association with a health |
| 451 | insurance plan option authorized by the Legislature and |
| 452 | conforming to the requirements and limitations of federal |
| 453 | provisions relating to the Medicare Prescription Drug, |
| 454 | Improvement, and Modernization Act of 2003. |
| 455 | (a)1. A member participating in this health insurance plan |
| 456 | option shall be eligible to receive an employer contribution |
| 457 | into the employee's health savings account from the State |
| 458 | Employees Health Insurance Trust Fund in an amount to be |
| 459 | determined by the Legislature. A member is not eligible for an |
| 460 | employer contribution upon termination of employment. For the |
| 461 | 2008-2009 2007-2008 fiscal year, the state's monthly |
| 462 | contribution for employees having individual coverage shall be |
| 463 | $41.66 and the monthly contribution for employees having family |
| 464 | coverage shall be $83.33. |
| 465 | 2. A member participating in this health insurance plan |
| 466 | option shall be eligible to deposit the member's own funds into |
| 467 | a health savings account. |
| 468 | Section 17. In order to implement Specific Appropriations |
| 469 | 2536, 2537, 2538, and 2542 of the 2008-2009 General |
| 470 | Appropriations Act, for the 2008-2009 fiscal year only and |
| 471 | notwithstanding any conflicting requirements of section 4 of |
| 472 | chapter 2006-12, Laws of Florida, the Department of Financial |
| 473 | Services may expend $998,820 of the funds appropriated by |
| 474 | section 4 of chapter 2006-12, Laws of Florida, for salaries and |
| 475 | related expenses. This section expires July 1, 2009. |
| 476 | Section 18. In order to implement section 38 of the 2008- |
| 477 | 2009 General Appropriations Act, section 215.5595, Florida |
| 478 | Statutes, is amended to read: |
| 479 | 215.5595 Insurance Capital Build-Up Incentive Program.-- |
| 480 | (1) Upon entering the 2008 2006 hurricane season, the |
| 481 | Legislature finds that: |
| 482 | (a) The losses in this state Florida from eight hurricanes |
| 483 | in 2004 and 2005 have seriously strained the resources of both |
| 484 | the voluntary insurance market and the public sector mechanisms |
| 485 | of Citizens Property Insurance Corporation and the Florida |
| 486 | Hurricane Catastrophe Fund. |
| 487 | (b) Private reinsurance is much less available and at a |
| 488 | significantly greater cost to residential property insurers as |
| 489 | compared to 1 year ago, particularly for amounts below the |
| 490 | insurer's retention or retained losses that must be paid before |
| 491 | reimbursement is provided by the Florida Hurricane Catastrophe |
| 492 | Fund. |
| 493 | (c) The Office of Insurance Regulation has reported that |
| 494 | the insolvency of certain insurers may be imminent. |
| 495 | (d) Hurricane forecast experts predict that the 2006 |
| 496 | hurricane season will be an active hurricane season and that the |
| 497 | Atlantic and Gulf Coast regions face an active hurricane cycle |
| 498 | of 10 to 20 years or longer. |
| 499 | (b)(e) Citizens Property Insurance Corporation has over |
| 500 | 1.2 million policies in force and has the largest market share |
| 501 | of any insurer writing residential property insurance in this |
| 502 | state, and faces the threat of a catastrophic loss that The |
| 503 | number of cancellations or nonrenewals of residential property |
| 504 | insurance policies is expected to increase and the number of new |
| 505 | residential policies written in the voluntary market are likely |
| 506 | to decrease, causing increased policy growth and exposure to the |
| 507 | state insurer of last resort, Citizens Property Insurance |
| 508 | Corporation, and threatening to increase the deficit of the |
| 509 | corporation, currently estimated to be over $1.7 billion. This |
| 510 | deficit must be funded by assessments against insurers and |
| 511 | policyholders, unless otherwise funded by the state. The program |
| 512 | has a substantial positive effect on the depopulation efforts of |
| 513 | Citizens Property Insurance Corporation since companies |
| 514 | participating in the program have removed over 199,000 policies |
| 515 | from the corporation. Companies participating in the program |
| 516 | have issued a significant number of new polices thereby keeping |
| 517 | an estimated 480,000 new polices out of the corporation. |
| 518 | (c)(f) Policyholders are subject to high increased |
| 519 | premiums and assessments that are increasingly making such |
| 520 | coverage unaffordable and that may force policyholders to sell |
| 521 | their homes and even leave the state. |
| 522 | (d)(g) The increased risk to the public sector and private |
| 523 | sector continues to pose poses a serious threat to the economy |
| 524 | of this state, particularly the building and financing of |
| 525 | residential structures, and existing mortgages may be placed in |
| 526 | default. |
| 527 | (h) The losses from 2004 and 2005, combined with the |
| 528 | expectation that the increase in hurricane activity will |
| 529 | continue for the foreseeable future, have caused both insurers |
| 530 | and reinsurers to limit the capital they are willing to commit |
| 531 | to covering the hurricane risk in Florida; attracting new |
| 532 | capital to the Florida market is a critical priority; and |
| 533 | providing a low-cost source of capital would enable insurers to |
| 534 | write additional residential property insurance coverage and act |
| 535 | to mitigate premium increases. |
| 536 | (e)(i) Appropriating state funds to be exchanged for used |
| 537 | as surplus notes issued by for residential property insurers, |
| 538 | under conditions requiring the insurer to contribute additional |
| 539 | private sector capital and to write a minimum level of premiums |
| 540 | for residential hurricane coverage, is a valid and important |
| 541 | public purpose. |
| 542 | (f) Extending the program will provide an incentive for |
| 543 | investors to commit additional capital to the residential |
| 544 | insurance market in this state. |
| 545 | (2) The purpose of this section is to provide funds in |
| 546 | exchange for surplus notes to be issued by new or existing |
| 547 | authorized residential property insurers under the Insurance |
| 548 | Capital Build-Up Incentive Program administered by the State |
| 549 | Board of Administration, under the following conditions: |
| 550 | (a) The amount of state funds provided in exchange for a |
| 551 | the surplus note to for any insurer or insurer group, other than |
| 552 | an insurer writing only manufactured housing policies, may not |
| 553 | exceed $25 million or 20 percent of the total amount of funds |
| 554 | appropriated for available under the program, whichever is |
| 555 | greater. The amount of the surplus note for any insurer or |
| 556 | insurer group writing residential property insurance covering |
| 557 | only manufactured housing may not exceed $7 million. |
| 558 | (b) The insurer must contribute an amount of new capital |
| 559 | to its surplus which is at least equal to the amount of the |
| 560 | surplus note and must apply to the board by September 1, 2008 |
| 561 | July 1, 2006. If an insurer applies after September 1, 2008 July |
| 562 | 1, 2006, but before June 1, 2009 2007, the amount of the surplus |
| 563 | note is limited to one-half of the new capital that the insurer |
| 564 | contributes to its surplus, except that an insurer writing only |
| 565 | manufactured housing policies is eligible to receive a surplus |
| 566 | note of up to $7 million. For purposes of this section, new |
| 567 | capital must be in the form of cash or cash equivalents as |
| 568 | specified in s. 625.012(1). |
| 569 | (c) The insurer's surplus, new capital, and the surplus |
| 570 | note must total at least $50 million, except for insurers |
| 571 | writing residential property insurance covering only |
| 572 | manufactured housing. The insurer's surplus, new capital, and |
| 573 | the surplus note must total at least $14 million for insurers |
| 574 | writing only residential property insurance covering |
| 575 | manufactured housing policies as provided in paragraph (a). |
| 576 | (d) The insurer must commit to increase its writings of |
| 577 | residential property insurance, including the peril of wind, and |
| 578 | to meet meeting a minimum writing ratio of net written premium |
| 579 | to surplus of at least 1:1 for the first year after receiving |
| 580 | the state funds, 1.5:1 for the second year, and 2:1 for the |
| 581 | remaining term of the surplus note. Alternatively, the insurer |
| 582 | must meet a minimum writing ratio of gross written premium to |
| 583 | surplus of at least 3:1 for the first year after receiving the |
| 584 | state funds, 4.5:1 for the second year, and 6:1 for the |
| 585 | remaining term of the surplus note. The writing ratios, which |
| 586 | shall be determined by the Office of Insurance Regulation and |
| 587 | certified quarterly to the board. For this purpose, the term |
| 588 | "net written premium" means net written premium for residential |
| 589 | property insurance in this state Florida, including the peril of |
| 590 | wind, and "surplus" refers to the entire surplus of the insurer. |
| 591 | The insurer must also commit to writing at least 10 percent of |
| 592 | its net or gross written premium for new policies, not including |
| 593 | renewal premiums, for policies taken out of Citizens Property |
| 594 | Insurance Corporation, during each of the first 3 years after |
| 595 | receiving the state funds in exchange for the surplus note, |
| 596 | which shall be determined by the Office of Insurance Regulation |
| 597 | and certified annually to the board. The office may determine |
| 598 | that an insurer meets the requirement for taking policies out of |
| 599 | the corporation, by written notice to the board, upon a finding |
| 600 | that the insurer made offers of coverage to policyholders of the |
| 601 | corporation which would have resulted in meeting this |
| 602 | requirement had the policyholders accepted the offer. If the |
| 603 | required ratio or the required writings for policies taken out |
| 604 | of the corporation is not maintained during the term of the |
| 605 | surplus note, the board may increase the interest rate, |
| 606 | accelerate the repayment of interest and principal, or shorten |
| 607 | the term of the surplus note, subject to approval by the |
| 608 | Commissioner of Insurance of payments by the insurer of |
| 609 | principal and interest as provided in paragraph (f). |
| 610 | (e) If the requirements of this section are met, the board |
| 611 | may approve an application by an insurer for funds in exchange |
| 612 | for issuance of a surplus note, unless the board determines that |
| 613 | the financial condition of the insurer and its business plan for |
| 614 | writing residential property insurance in Florida places an |
| 615 | unreasonably high level of financial risk to the state of |
| 616 | nonpayment in full of the interest and principal. The board |
| 617 | shall consult with the Office of Insurance Regulation and may |
| 618 | contract with independent financial and insurance consultants in |
| 619 | making this determination. |
| 620 | (f) The surplus note must be repayable to the state with a |
| 621 | term of 20 years. The surplus note shall accrue interest on the |
| 622 | unpaid principal balance at a rate equivalent to the 10-year |
| 623 | U.S. Treasury Bond rate, require the payment only of interest |
| 624 | during the first 3 years, and include such other terms as |
| 625 | approved by the board. The board may charge late fees up to 5 |
| 626 | percent for late payments or other late remittances. Payment of |
| 627 | principal, or interest, or late fees by the insurer on the |
| 628 | surplus note must be approved by the Commissioner of Insurance, |
| 629 | who shall approve such payment unless the commissioner |
| 630 | determines that such payment will substantially impair the |
| 631 | financial condition of the insurer. If such a determination is |
| 632 | made, the commissioner shall approve such payment that will not |
| 633 | substantially impair the financial condition of the insurer. |
| 634 | (g) The total amount of funds available for the program is |
| 635 | limited to the amount appropriated by the Legislature for this |
| 636 | purpose. If the amount of surplus notes requested by insurers |
| 637 | exceeds the amount of funds available, the board may prioritize |
| 638 | insurers that are eligible and approved, with priority for |
| 639 | funding given to insurers writing only manufactured housing |
| 640 | policies, regardless of the date of application, based on the |
| 641 | financial strength of the insurer, the viability of its proposed |
| 642 | business plan for writing additional residential property |
| 643 | insurance in the state, and the effect on competition in the |
| 644 | residential property insurance market. Between insurers writing |
| 645 | residential property insurance covering manufactured housing, |
| 646 | priority shall be given to the insurer writing the highest |
| 647 | percentage of its policies covering manufactured housing. |
| 648 | (h) The board may allocate portions of the funds available |
| 649 | for the program and establish dates for insurers to apply for |
| 650 | surplus notes from such allocation which are earlier than the |
| 651 | dates established in paragraph (b). |
| 652 | (h)(i) Notwithstanding paragraph (d), a newly formed |
| 653 | manufactured housing insurer that is eligible for a surplus note |
| 654 | under this section shall meet the premium to surplus ratio |
| 655 | provisions of s. 624.4095. |
| 656 | (i)(j) As used in this section, "an insurer writing only |
| 657 | manufactured housing policies" includes: |
| 658 | 1. A Florida domiciled insurer that begins writing |
| 659 | personal lines residential manufactured housing policies in |
| 660 | Florida after March 1, 2007, and that removes a minimum of |
| 661 | 50,000 policies from Citizens Property Insurance Corporation |
| 662 | without accepting a bonus, provided at least 25 percent of its |
| 663 | policies cover manufactured housing. Such an insurer may count |
| 664 | any funds above the minimum capital and surplus requirement that |
| 665 | were contributed into the insurer after March 1, 2007, as new |
| 666 | capital under this section. |
| 667 | 2. A Florida domiciled insurer that writes at least 40 |
| 668 | percent of its policies covering manufactured housing in |
| 669 | Florida. |
| 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 |
| 673 | Incentive Program established by this section. |
| 674 | (4) The state funds provided to the insurer in exchange |
| 675 | for the A surplus note provided to an insurer pursuant to this |
| 676 | section are is considered borrowed surplus an asset of the |
| 677 | insurer pursuant to s. 628.401 625.012. |
| 678 | (5) If an insurer that receives funds in exchange for the |
| 679 | issuance of a surplus note pursuant to this section is rendered |
| 680 | insolvent, the state is a class 3 creditor pursuant to s. |
| 681 | 631.271 for the unpaid principal and interest on the surplus |
| 682 | note. |
| 683 | (6) The board shall adopt rules prescribing the |
| 684 | procedures, administration, and criteria for approving the |
| 685 | applications of insurers to receive funds in exchange for |
| 686 | issuance of surplus notes pursuant to this section, which may be |
| 687 | adopted pursuant to the procedures for emergency rules of |
| 688 | chapter 120. Otherwise, actions and determinations by the board |
| 689 | pursuant to this section are exempt from chapter 120. |
| 690 | (7) The board shall invest and reinvest the funds |
| 691 | appropriated for the program in accordance with s. 215.47 and |
| 692 | consistent with board policy. |
| 693 | (8) The amendments to this section enacted in 2008 do not |
| 694 | affect the terms or conditions of surplus notes that were |
| 695 | approved prior to January 1, 2008. However, the board may |
| 696 | renegotiate the terms of any surplus note issued by an insurer |
| 697 | prior to January 2008 under this program, upon the agreement of |
| 698 | the insurer and the board, consistent with the requirements of |
| 699 | this 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, |
| 702 | 2008, for appropriation by the Legislature to the program. |
| 703 | Section 19. No amendments made to s. 215.5595, Florida |
| 704 | Statutes, or any transfer of funds authorized by this act shall |
| 705 | be used by Citizens Property Insurance Corporation as |
| 706 | justification or cause in seeking any premium or assessment |
| 707 | increase. |
| 708 | Section 20. The amendments to s. 215.5595, Florida |
| 709 | Statutes, made by this act shall expire July 1, 2009, and the |
| 710 | text of that section shall revert to that in existence on June |
| 711 | 30, 2008, except that any amendments to such text enacted other |
| 712 | than by this act shall be preserved and continue to operate to |
| 713 | the extent that such amendments are not dependent upon the |
| 714 | portions of such text which expire pursuant to this section. |
| 715 | Section 21. In order to implement Specific Appropriation |
| 716 | 1541 of the 2008-2009 General Appropriations Act, subsection (5) |
| 717 | is 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 |
| 720 | fiscal year only, the Division of Emergency Management shall use |
| 721 | funds appropriated from the Emergency Management, Preparedness, |
| 722 | and Assistance Trust Fund to provide emergency power generators |
| 723 | in special-needs hurricane evacuation shelters pursuant to the |
| 724 | provisions of section 1 of chapter 2006-71, Laws of Florida, |
| 725 | except that such funds may not be used for administrative |
| 726 | purposes and the matching fund requirements of Specific |
| 727 | Appropriation 1541 of the 2008-2009 General Appropriations Act |
| 728 | must be met. This subsection expires July 1, 2009. |
| 729 | Section 22. In order to implement Specific Appropriation |
| 730 | 1541 of the 2008-2009 General Appropriations Act, subsection (8) |
| 731 | of section 215.559, Florida Statutes, is renumbered as |
| 732 | subsection (9), and a new subsection (8) is added to that |
| 733 | section to read: |
| 734 | 215.559 Hurricane Loss Mitigation Program.-- |
| 735 | (8) Notwithstanding any other provision of this section |
| 736 | and for the 2008-2009 fiscal year only, the Division of |
| 737 | Emergency Management shall use funds appropriated from the |
| 738 | Grants and Donations Trust Fund to provide emergency power |
| 739 | generators in special-needs hurricane evacuation shelters |
| 740 | pursuant to the provisions of section 1 of chapter 2006-71, Laws |
| 741 | of Florida, except that such funds may not be used for |
| 742 | administrative purposes and the matching fund requirements of |
| 743 | Specific Appropriation 1541 of the 2008-2009 General |
| 744 | Appropriations Act must be met. This subsection expires July 1, |
| 745 | 2009. |
| 746 | Section 23. In order to implement Specific Appropriation |
| 747 | 2635 of the 2008-2009 General Appropriations Act, subsection (1) |
| 748 | of 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, |
| 751 | and providing favorable conditions for the growth of certain |
| 752 | high-impact business facilities, privately developed critical |
| 753 | rural infrastructure, or key facilities in economically |
| 754 | distressed urban or rural communities which provide widespread |
| 755 | economic benefits to the public through high-quality employment |
| 756 | opportunities in such facilities or in related facilities |
| 757 | attracted to the state, through the increased tax base provided |
| 758 | by the high-impact facility and related businesses, through an |
| 759 | enhanced entrepreneurial climate in the state and the resulting |
| 760 | business and employment opportunities, and through the |
| 761 | stimulation and enhancement of the state's universities and |
| 762 | community colleges. In the global economy, there exists serious |
| 763 | and fierce international competition for these facilities, and |
| 764 | in most instances, when all available resources for economic |
| 765 | development have been used, the state continues to encounter |
| 766 | severe competitive disadvantages in vying for these business |
| 767 | facilities. Florida's rural areas must provide a competitive |
| 768 | environment for business in the information age. This often |
| 769 | requires an incentive to make it feasible for private investors |
| 770 | to provide infrastructure in those areas. The state's less |
| 771 | populated regions that seek economic development, that have |
| 772 | suitable land and water resources to accommodate growth in an |
| 773 | environmentally acceptable manner, and that have adopted a |
| 774 | conceptual long-term buildout overlay to the comprehensive plan |
| 775 | under s. 163.3184 and a detailed specific area plan that |
| 776 | implements the conceptual long-term buildout overlay to the |
| 777 | comprehensive plan must be provided incentives to actively |
| 778 | pursue high-impact business facilities that will serve as a |
| 779 | catalyst to stimulate economic growth. |
| 780 | (b) The Legislature therefore declares that sufficient |
| 781 | resources shall be available to respond to extraordinary |
| 782 | economic opportunities and to compete effectively for these |
| 783 | high-impact business facilities, critical private infrastructure |
| 784 | in rural areas, and key businesses in less populated regions and |
| 785 | economically distressed urban or rural communities. |
| 786 | Section 24. The amendments to s. 288.1088(1), Florida |
| 787 | Statutes, made by this act shall expire July 1, 2009, and the |
| 788 | text of that section shall revert to that in existence on June |
| 789 | 30, 2008, except that any amendments to such text enacted other |
| 790 | than by this act shall be preserved and continue to operate to |
| 791 | the extent that such amendments are not dependent upon the |
| 792 | portions of such text which expire pursuant to this section. |
| 793 | Section 25. In order to implement Specific Appropriation |
| 794 | 1591 of the 2008-2009 General Appropriations Act, subsection (3) |
| 795 | of section 553.75, Florida Statutes, is amended to read: |
| 796 | 553.75 Organization of commission; rules and regulations; |
| 797 | meetings; staff; fiscal affairs.-- |
| 798 | (3) The department shall be responsible for the provision |
| 799 | of administrative and staff support services relating to the |
| 800 | functions of the commission. With respect to matters within the |
| 801 | jurisdiction of the commission, the department shall be |
| 802 | responsible for the implementation and faithful discharge of all |
| 803 | decisions of the commission made pursuant to its authority under |
| 804 | the provisions of this part. The department may use |
| 805 | communications media technology to conduct any meetings of the |
| 806 | commission or meetings held in conjunction with the commission. |
| 807 | Section 26. The amendments to s. 553.75(3), Florida |
| 808 | Statutes, made by this act shall expire July 1, 2009, and the |
| 809 | text of that section shall revert to that in existence on June |
| 810 | 30, 2008, except that any amendments to such text enacted other |
| 811 | than by this act shall be preserved and continue to operate to |
| 812 | the extent that such amendments are not dependent upon the |
| 813 | portions of such text which expire pursuant to this section. |
| 814 | Section 27. In order to implement Specific Appropriations |
| 815 | 1748, 1756, and 1770 of the 2008-2009 General Appropriations |
| 816 | Act, paragraphs (c) and (d) are added to subsection (2) of |
| 817 | section 259.032, Florida Statutes, to read: |
| 818 | 259.032 Conservation and Recreation Lands Trust Fund; |
| 819 | purpose.-- |
| 820 | (2) |
| 821 | (c) Notwithstanding any other provision of this section |
| 822 | and for the 2008-2009 fiscal year only, funds in the |
| 823 | Conservation and Recreation Lands Trust Fund may be transferred |
| 824 | to the Nonmandatory Land Reclamation Trust Fund for activities |
| 825 | associated with the cleanup of the Mulberry and Piney Point |
| 826 | sites and expended as directed by the Legislature in the 2008- |
| 827 | 2009 General Appropriations Act. This paragraph expires July 1, |
| 828 | 2009. |
| 829 | (d) Notwithstanding any other provision of this section |
| 830 | and for the 2008-2009 fiscal year only, funds in the |
| 831 | Conservation and Recreation Lands Trust Fund may be transferred |
| 832 | to the Ecosystem Management and Restoration Trust Fund for beach |
| 833 | restoration activities and expended as directed by the |
| 834 | Legislature in the 2008-2009 General Appropriations Act. This |
| 835 | paragraph expires July 1, 2009. |
| 836 | Section 28. In order to implement the 2008-2009 General |
| 837 | Appropriations Act, and effective upon this act becoming a law, |
| 838 | subsections (3) through (11) of section 216.221, Florida |
| 839 | Statutes, are renumbered as subsections (4) through (12), |
| 840 | respectively, and a new subsection (3) is added to that section |
| 841 | to read: |
| 842 | 216.221 Appropriations as maximum appropriations; |
| 843 | adjustment of budgets to avoid or eliminate deficits.-- |
| 844 | (3) Notwithstanding s. 216.222, and for the 2007-2008 and |
| 845 | 2008-2009 fiscal years only, if the Revenue Estimating |
| 846 | Conference projects that General Revenue Fund collections will |
| 847 | fall below the March 11, 2008, official estimates, adjusted for |
| 848 | changes in the law enacted at the 2008 Regular Session of the |
| 849 | Legislature, by $200 million or more in either year or in both |
| 850 | years combined, the Governor is authorized to submit to the |
| 851 | Legislative Budget Commission a budget amendment, and the |
| 852 | Legislative Budget Commission is authorized to approve such |
| 853 | budget amendment, requesting the transfer of funds from the |
| 854 | Budget Stabilization Fund to the General Revenue Fund. The total |
| 855 | of all such transfers made pursuant to this subsection may not |
| 856 | exceed the lesser of the projected revenue shortfalls as |
| 857 | described in this subsection or one-half of the May 1, 2008, |
| 858 | cash balance in the Budget Stabilization Fund. This subsection |
| 859 | expires July 1, 2009. |
| 860 | Section 29. In order to implement the 2008-2009 General |
| 861 | Appropriations Act, and effective upon this act becoming a law, |
| 862 | paragraph (f) is added to subsection (5) of section 215.5601, |
| 863 | Florida 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, |
| 867 | and for the 2007-2008 and 2008-2009 fiscal years only, if |
| 868 | transfers from the Budget Stabilization Fund authorized in s. |
| 869 | 216.221(3) are insufficient to address projected revenue |
| 870 | shortfalls as described in that subsection, the Governor is |
| 871 | authorized to submit to the Legislative Budget Commission a |
| 872 | budget amendment, and the Legislative Budget Commission is |
| 873 | authorized to approve such budget amendment, requesting the |
| 874 | transfer of funds from the Lawton Chiles Endowment Fund to the |
| 875 | General Revenue Fund. The total of all such transfers made |
| 876 | pursuant to this subsection shall not exceed the lesser of the |
| 877 | projected revenue shortfalls remaining after transfers from the |
| 878 | Budget Stabilization Fund as described in s. 216.221(3) or $1 |
| 879 | billion. Any expenditure from the Lawton Chiles Endowment Fund |
| 880 | made pursuant to this paragraph must be restored by making five |
| 881 | equal annual transfers from the General Revenue Fund, beginning |
| 882 | in the third fiscal year following that in which the expenditure |
| 883 | was made. This paragraph expires July 1, 2009. |
| 884 | Section 30. For the 2008-2009 fiscal year, salaries of |
| 885 | legislators shall be reduced by 2.5 percent. Any moneys |
| 886 | resulting from such reduction shall revert to the General |
| 887 | Revenue Fund. This section expires July 1, 2009. |
| 888 | Section 31. Notwithstanding s. 212.20(6)(d), Florida |
| 889 | Statutes, the Department of Revenue may not make any |
| 890 | distribution in the 2008-2009 fiscal year to any facility for a |
| 891 | new professional sports franchise or a facility for a retained |
| 892 | professional sports franchise as defined in s. 288.1162, Florida |
| 893 | Statutes. |
| 894 | Section 32. A section of this act that implements a |
| 895 | specific appropriation or specifically identified proviso |
| 896 | language in the 2008-2009 General Appropriations Act is void if |
| 897 | the specific appropriation or specifically identified proviso |
| 898 | language is vetoed. A section of this act that implements more |
| 899 | than one specific appropriation or more than one portion of |
| 900 | specifically identified proviso language in the 2008-2009 |
| 901 | General Appropriations Act is void if all the specific |
| 902 | appropriations or portions of specifically identified proviso |
| 903 | language are vetoed. |
| 904 | Section 33. If any other act passed in 2008 contains a |
| 905 | provision that is substantively the same as a provision in this |
| 906 | act, but that removes or is otherwise not subject to the future |
| 907 | repeal applied to such provision by this act, the Legislature |
| 908 | intends that the provision in the other act shall take |
| 909 | precedence and shall continue to operate, notwithstanding the |
| 910 | future repeal provided by this act. |
| 911 | Section 34. If any provision of this act or its |
| 912 | application to any person or circumstance is held invalid, the |
| 913 | invalidity does not affect other provisions or applications of |
| 914 | the act which can be given effect without the invalid provision |
| 915 | or application, and to this end the provisions of this act are |
| 916 | severable. |
| 917 | Section 35. Except as otherwise expressly provided in this |
| 918 | act, this act shall take effect July 1, 2008; or, if this act |
| 919 | fails to become a law until after that date, it shall take |
| 920 | effect upon becoming a law and shall operate retroactively to |
| 921 | July 1, 2008. |