Florida Senate - 2009 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 1716
Barcode 226924
604-03364-09
Proposed Committee Substitute by the Committee on Criminal and
Civil Justice Appropriations
1 A bill to be entitled
2 An act relating to criminal justice and corrections
3 appropriations; providing that the act implements and
4 administers the General Appropriations Act;
5 authorizing the Department of Corrections to use
6 certain appropriated funds to assist in defraying the
7 costs incurred by a county or a municipality to open
8 or operate certain facilities; limiting the amount of
9 such assistance; providing for the expiration of the
10 authority to provide the assistance; amending s.
11 212.262, F.S.; delaying the expiration of provisions
12 directing the Department of Corrections to seek a
13 budget amendment for additional positions and
14 appropriations if the inmate population exceeds a
15 certain estimate under certain circumstances;
16 providing for the expiration of the authority to seek
17 a budget amendment; authorizing the Department of
18 Legal Affairs to spend certain appropriated funds on
19 programs that were funded by the department from
20 specific appropriations in general appropriations acts
21 in prior years; providing for the expiration of the
22 authority to spend those appropriations; creating s.
23 945.6041, F.S.; defining terms; limiting the
24 compensation of health care providers that do not have
25 contracts to provide inmate medical services with the
26 department or private correctional facilities;
27 limiting compensation to entities that provide
28 emergency medical transportation services for inmates
29 if those entities do not have a contract with the
30 department or certain private correctional facilities;
31 providing an expiration date for the limits on
32 compensation; authorizing the Department of Legal
33 Affairs to transfer certain funds from certain cases
34 to the Operating Trust Fund to pay salaries and
35 benefits; providing an expiration date for the
36 transfer of funds; nullifying provisions of the act if
37 the appropriations or proviso language to which they
38 relate are vetoed; providing for other acts passed
39 during the 2009 Regular Session which contain
40 provisions that are substantively the same as the
41 provisions of this act to take precedence under
42 certain circumstances; providing that the act is
43 severable; providing for retroactive application of
44 the act; providing an effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. This act implements and administers the General
49 Appropriations Act for the 2009-2010 fiscal year.
50 Section 2. In order to fulfill legislative intent regarding
51 the use of funds contained in Specific Appropriations 617, 631,
52 and 644 of the 2009-2010 General Appropriations Act, the
53 Department of Corrections may expend appropriated funds to
54 assist in defraying the costs of impacts that are incurred by a
55 municipality or county and that are associated with opening or
56 operating a facility under the authority of the department. The
57 amount paid for any facility may not exceed 1 percent of the
58 cost to construct the facility, less building impact fees
59 imposed by the municipality or county. This section expires July
60 1, 2010.
61 Section 3. In order to implement Specific Appropriations
62 607 through 707 and 738 through 773 of the 2009-2010 General
63 Appropriations Act, subsection (4) of section 216.262, Florida
64 Statutes, is amended to read:
65 216.262 Authorized positions.—
66 (4) Notwithstanding the provisions of this chapter on
67 increasing the number of authorized positions, and for the 2009
68 2010 2008-2009 fiscal year only, if the actual inmate population
69 of the Department of Corrections exceeds the inmate population
70 projections of the February 16, 2009 February 15, 2008, Criminal
71 Justice Estimating Conference by 1 percent for 2 consecutive
72 months or 2 percent for any month, the Executive Office of the
73 Governor, with the approval of the Legislative Budget
74 Commission, shall immediately notify the Criminal Justice
75 Estimating Conference, which shall convene as soon as possible
76 to revise the estimates. The Department of Corrections may then
77 submit a budget amendment requesting the establishment of
78 positions in excess of the number authorized by the Legislature
79 and additional appropriations from unallocated general revenue
80 sufficient to provide for essential staff, fixed capital
81 improvements, and other resources to provide classification,
82 security, food services, health services, and other variable
83 expenses within the institutions to accommodate the estimated
84 increase in the inmate population. All actions taken pursuant to
85 the authority granted in this subsection shall be subject to
86 review and approval by the Legislative Budget Commission. This
87 subsection expires July 1, 2010 July 1, 2009.
88 Section 4. In order to implement Specific Appropriations
89 1266 and 1267 of the 2009-2010 General Appropriations Act, the
90 Department of Legal Affairs is authorized to expend appropriated
91 funds in those specific appropriations on the same programs that
92 were funded by the department pursuant to specific
93 appropriations made in general appropriations acts in prior
94 years. This section expires July 1, 2010.
95 Section 5. In order to implement Specific Appropriations
96 738 through 754 of the 2009-2010 General Appropriations Act,
97 section 945.6041, Florida Statutes, is created to read:
98 945.6041 Inmate medical services.—
99 (1) As used in this section, the term:
100 (a) “Emergency medical transportation services” includes,
101 but is not limited to, services rendered by ambulances,
102 emergency medical services vehicles, and air ambulances as those
103 terms are defined in s. 401.23.
104 (b) “Health care provider” has the same meaning as provided
105 in s. 766.105.
106 (2)(a) Compensation to a health care provider to provide
107 inmate medical services may not exceed 110 percent of the
108 Medicare allowable rate if the health care provider does not
109 have a contract to provide services with the department or the
110 private correctional facility, as defined in s. 944.710, which
111 houses the inmate.
112 (b) Notwithstanding paragraph (a), compensation to a health
113 care provider to provide inmate medical services may not exceed
114 125 percent of the Medicare allowable rate if:
115 1. The health care provider does not have a contract to
116 provide services with the department or the private correctional
117 facility, as defined in s. 944.710, which houses the inmate; and
118 2. The health care provider reported a negative operating
119 margin for the previous year to the Agency for Health Care
120 Administration through hospital-audited financial data.
121 (3) Compensation to an entity to provide emergency medical
122 transportation services for inmates may not exceed 110 percent
123 of the Medicare allowable rate if the entity does not have a
124 contract with the department or a private correctional facility,
125 as defined in s. 944.710, to provide the services.
126 (4) This section does not apply to charges for medical
127 services provided at a hospital operated by the department.
128 (5) This section expires July 1, 2010.
129 Section 6. In order to implement Specific Appropriations
130 1231, 1251, 1272, and 1282 of the 2009-2010 General
131 Appropriations Act, the Department of Legal Affairs is
132 authorized to transfer cash remaining after required
133 disbursements for Attorney General case numbers 16-2008-CA-01,
134 and 3142CV-C from FLAIR account 41-74-2-601001-41100100-00
135 181076-00 to the Operating Trust Fund to pay salaries and
136 benefits. This section expires July 1, 2010.
137 Section 7. A section of this act that implements a specific
138 appropriation or specifically identified proviso language in the
139 2009-2010 General Appropriations Act is void if the specific
140 appropriation or specifically identified proviso language is
141 vetoed. A section of this act that implements more than one
142 specific appropriation or more than one portion of specifically
143 identified proviso language in the 2009-2010 General
144 Appropriations Act is void if all the specific appropriations or
145 portions of specifically identified proviso language are vetoed.
146 Section 8. If any other act passed during the 2009 Regular
147 Session contains a provision that is substantively the same as a
148 provision in this act, but that removes or is otherwise not
149 subject to the future repeal applied to such provision by this
150 act, the Legislature intends that the provision in the other act
151 takes precedence and continues to operate, notwithstanding the
152 future repeal provided by this act.
153 Section 9. If any provision of this act or its application
154 to any person or circumstance is held invalid, the invalidity
155 does not affect other provisions or applications of the act
156 which can be given effect without the invalid provision or
157 application, and to this end the provisions of this act are
158 severable.
159 Section 10. This act shall take effect July 1, 2009; or, if
160 this act fails to become a law until after that date, it shall
161 take effect upon becoming a law and shall operate retroactively
162 to July 1, 2009.