1 | Representatives Rivera and Llorente offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 |
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6 | Section 1. It is the intent of the Legislature that the |
7 | implementing and administering provisions of this act apply to |
8 | the General Appropriations Act for the 2009-2010 fiscal year. |
9 | Section 2. In order to implement Specific Appropriation 3 |
10 | of the 2009-2010 General Appropriations Act, subsection (5) is |
11 | added to section 1009.534, Florida Statutes, to read: |
12 | 1009.534 Florida Academic Scholars award.-- |
13 | (5) Notwithstanding subsections (2) and (4), a Florida |
14 | Academic Scholar is eligible for an award equal to the amount |
15 | specified in the General Appropriations Act for the 2009-2010 |
16 | academic year. This subsection expires July 1, 2010. |
17 | Section 3. In order to implement Specific Appropriation 3 |
18 | of the 2009-2010 General Appropriations Act, subsection (4) is |
19 | added to section 1009.535, Florida Statutes, to read: |
20 | 1009.535 Florida Medallion Scholars award.-- |
21 | (4) Notwithstanding subsection (2), a Florida Medallion |
22 | Scholar is eligible for an award equal to the amount specified |
23 | in the General Appropriations Act for the 2009-2010 academic |
24 | year. This subsection expires July 1, 2010. |
25 | Section 4. In order to implement Specific Appropriation 3 |
26 | of the 2009-2010 General Appropriations Act, subsection (5) is |
27 | added to section 1009.536, Florida Statutes, to read: |
28 | 1009.536 Florida Gold Seal Vocational Scholars award.--The |
29 | Florida Gold Seal Vocational Scholars award is created within |
30 | the Florida Bright Futures Scholarship Program to recognize and |
31 | reward academic achievement and career preparation by high |
32 | school students who wish to continue their education. |
33 | (5) Notwithstanding subsection (2), a Florida Gold Seal |
34 | Vocational Scholar is eligible for an award equal to the amount |
35 | specified in the General Appropriations Act for the 2009-2010 |
36 | academic year. This subsection expires July 1, 2010. |
37 | Section 5. In order to implement Specific Appropriation |
38 | 1514 of the 2009-2010 General Appropriations Act, subsection (8) |
39 | of section 215.559, Florida Statutes, is amended, and a new |
40 | subsection (8) is added to that section, to read: |
41 | 215.559 Hurricane Loss Mitigation Program.-- |
42 | (8)(a) Notwithstanding any other provision of this section |
43 | and for the 2009-2010 fiscal year only, the $7 million |
44 | appropriation provided for in paragraph (2)(a) shall be |
45 | allocated as follows: |
46 | 1. The sum of $3.5 million shall be transferred to the |
47 | Department of Financial Services for the My Safe Florida Home |
48 | Program as provided for in s. 215.5586. |
49 | 2. The sum of $3,421,764 shall be used for programs to |
50 | improve the wind resistance of residences and mobile homes, |
51 | including loans, subsidies, grants, demonstration projects, and |
52 | direct assistance; educating persons concerning the Florida |
53 | Building Code cooperative programs with local governments and |
54 | the Federal Government; and other efforts to prevent or reduce |
55 | losses or reduce the cost of rebuilding after a disaster. |
56 | 3. The sum of $78,236 shall be allocated for operational |
57 | purposes of the department as specified in the 2009-2010 General |
58 | Appropriations Act. |
59 | (b) This subsection expires July 1, 2010. |
60 | (8)(a) Notwithstanding any other provision of this section |
61 | and for the 2008-2009 fiscal year only, the $10 million |
62 | appropriation provided for in subsection (1) shall be allocated |
63 | as follows: |
64 | 1. The sum of $2.8 million shall be used to inspect and |
65 | improve tie-downs for mobile homes for the same purpose as |
66 | specified in paragraph (3)(a). |
67 | 2. The sum of $700,000 shall be allocated to the Florida |
68 | International University for the same purpose as specified in |
69 | subsection (4). |
70 | 3. The sum of $6,421,764 shall be used to install |
71 | emergency power generators in special-needs hurricane evacuation |
72 | shelters as provided in s. 1, ch. 2006-71, Laws of Florida, |
73 | except that such funds may not be used for administrative |
74 | purposes. |
75 | 4. The sum of $78,236 shall be allocated for operational |
76 | purposes of the department as specified in the 2008-2009 General |
77 | Appropriations Act. |
78 | (b) This subsection expires July 1, 2009. |
79 | Section 6. In order to implement Specific Appropriation |
80 | 1998 of the 2009-2010 General Appropriations Act, subsection (8) |
81 | of section 332.007, Florida Statutes, is amended to read: |
82 | 332.007 Administration and financing of aviation and |
83 | airport programs and projects; state plan.-- |
84 | (8) Notwithstanding any other provision of law to the |
85 | contrary, the department is authorized to fund security |
86 | projects, including operational and maintenance assistance, at |
87 | publicly owned public-use airports. For projects in the current |
88 | adopted work program, or projects added using the available |
89 | budget of the department, airports may request the department |
90 | change the project purpose in accordance with this provision |
91 | notwithstanding the provisions of s. 339.135(7). For purposes of |
92 | this subsection, the department may fund up to 100 percent of |
93 | eligible project costs that are not funded by the Federal |
94 | Government. This subsection shall expire on June 30, 2012. |
95 | Section 7. The amendment to s. 332.007(8), Florida |
96 | Statutes, made by this act shall expire July 1, 2010, and the |
97 | text of that subsection shall revert to that in existence on |
98 | June 30, 2009, except that any amendments to such text enacted |
99 | other than by this act shall be preserved and continue to |
100 | operate to the extent that such amendments are not dependent |
101 | upon the portions of such text which expire pursuant to this |
102 | section. |
103 | Section 8. In order to implement section 23 of the 2009- |
104 | 2010 General Appropriations Act, paragraph (a) of subsection (4) |
105 | and subsection (5) of section 339.135, Florida Statutes, are |
106 | amended to read: |
107 | 339.135 Work program; legislative budget request; |
108 | definitions; preparation, adoption, execution, and amendment.-- |
109 | (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.-- |
110 | (a)1. To assure that no district or county is penalized |
111 | for local efforts to improve the State Highway System, the |
112 | department shall, for the purpose of developing a tentative work |
113 | program, allocate funds for new construction to the districts, |
114 | except for the turnpike enterprise, based on equal parts of |
115 | population and motor fuel tax collections. Funds for |
116 | resurfacing, bridge repair and rehabilitation, bridge fender |
117 | system construction or repair, public transit projects except |
118 | public transit block grants as provided in s. 341.052, and other |
119 | programs with quantitative needs assessments shall be allocated |
120 | based on the results of these assessments. The department may |
121 | not transfer any funds allocated to a district under this |
122 | paragraph to any other district except as provided in subsection |
123 | (7). Funds for public transit block grants shall be allocated to |
124 | the districts pursuant to s. 341.052. Funds for the intercity |
125 | bus program provided for under s. 5311(f) of the federal |
126 | nonurbanized area formula program shall be administered and |
127 | allocated directly to eligible bus carriers as defined in s. |
128 | 341.031(12) at the state level rather than the district. In |
129 | order to provide state funding to support the intercity bus |
130 | program provided for under provisions of the federal 5311(f) |
131 | program, the department shall allocate an amount equal to the |
132 | federal share of the 5311(f) program from amounts calculated |
133 | pursuant to s. 206.46(3). |
134 | 2. Notwithstanding the provisions of subparagraph 1., the |
135 | department shall allocate at least 50 percent of any new |
136 | discretionary highway capacity funds to the Florida Strategic |
137 | Intermodal System created pursuant to s. 339.61. Any remaining |
138 | new discretionary highway capacity funds shall be allocated to |
139 | the districts for new construction as provided in subparagraph |
140 | 1. For the purposes of this subparagraph, the term "new |
141 | discretionary highway capacity funds" means any funds available |
142 | to the department above the prior year funding level for |
143 | capacity improvements, which the department has the discretion |
144 | to allocate to highway projects. |
145 | 3. Notwithstanding subparagraph 1. and ss. 206.46(3), |
146 | 334.044(26), and 339.2819(3), and for the fiscal year 2009-2010 |
147 | only, the department shall reduce work program levels to balance |
148 | the finance plan to the revised funding levels resulting from |
149 | any reduction in the 2009-2010 General Appropriations Act. This |
150 | subparagraph expires July 1, 2010. |
151 | 4. For the fiscal year 2009-2010 only, prior to any |
152 | project or phase thereof being deferred, the reductions in |
153 | subparagraph 3. shall be made to financial projects not |
154 | programmed for contract letting as identified with a work |
155 | program contract class code 8 and the box code RV, excluding |
156 | reserves for public transit project development. These |
157 | reductions shall not negatively impact safety, preservation, |
158 | maintenance, or project contingency levels as of July 1, 2009. |
159 | This subparagraph expires July 1, 2010. |
160 | (5)(a) ADOPTION OF THE WORK PROGRAM.-- |
161 | (a) The original approved budget for operational and fixed |
162 | capital expenditures for the department shall be the Governor's |
163 | budget recommendation and the first year of the tentative work |
164 | program, as both are amended by the General Appropriations Act |
165 | and any other act containing appropriations. In accordance with |
166 | the appropriations act, the department shall, prior to the |
167 | beginning of the fiscal year, adopt a final work program which |
168 | shall only include the original approved budget for the |
169 | department for the ensuing fiscal year together with any roll |
170 | forwards approved pursuant to paragraph (6)(c) and the portion |
171 | of the tentative work program for the following 4 fiscal years |
172 | revised in accordance with the original approved budget for the |
173 | department for the ensuing fiscal year together with said roll |
174 | forwards. The adopted work program may include only those |
175 | projects submitted as part of the tentative work program |
176 | developed under the provisions of subsection (4) plus any |
177 | projects which are separately identified by specific |
178 | appropriation in the General Appropriations Act and any roll |
179 | forwards approved pursuant to paragraph (6)(c). However, any |
180 | transportation project of the department which is identified by |
181 | specific appropriation in the General Appropriations Act shall |
182 | be deducted from the funds annually distributed to the |
183 | respective district pursuant to paragraph (4)(a). In addition, |
184 | the department shall not in any year include any project or |
185 | allocate funds to a program in the adopted work program that is |
186 | contrary to existing law for that particular year. Projects |
187 | shall not be undertaken unless they are listed in the adopted |
188 | work program. |
189 | (b) Notwithstanding paragraph (a), and for the 2009-2010 |
190 | 2008-2009 fiscal year only, the Department of Transportation |
191 | shall transfer funds to the Office of Tourism, Trade, and |
192 | Economic Development in an amount equal to $20,300,000 |
193 | $36,750,000 for the purpose of funding transportation-related |
194 | needs of economic development projects, space and aerospace |
195 | infrastructure, and other economic development projects. This |
196 | transfer shall not reduce, delete, or defer any existing |
197 | projects funded, as of July 1, 2009 2008, in the Department of |
198 | Transportation's 5-year work program. This paragraph expires |
199 | July 1, 2010 2009. |
200 | (c) Notwithstanding paragraph (a) or subparagraph |
201 | (4)(a)1., and for the 2008-2009 fiscal year only, the Department |
202 | of Transportation shall fund projects in Specific Appropriations |
203 | 2063, 2071, 2077, 2079, 2102, 2106, 2109, and 2116 of the 2008- |
204 | 2009 General Appropriations Act. Funding for these specific |
205 | appropriations shall be from projects or phases thereof within |
206 | the department's fiscal year 2008-2009 work program not |
207 | programmed for contract letting as identified with a work |
208 | program contract class code 8 and the box code RV. This funding |
209 | shall not negatively impact safety, preservation, maintenance, |
210 | or project contingency levels as of July 1, 2008. This paragraph |
211 | expires July 1, 2009. |
212 | Section 9. In order to implement Specific Appropriations |
213 | 1986 through 2095 of the 2009-2010 General Appropriations Act, |
214 | section 337.025, Florida Statutes, is amended to read: |
215 | 337.025 Innovative highway projects; department to |
216 | establish program.-- |
217 | (1) The department is authorized to establish a program |
218 | for highway projects demonstrating innovative techniques of |
219 | highway construction, maintenance, and finance which have the |
220 | intended effect of controlling time and cost increases on |
221 | construction projects. Such techniques may include, but are not |
222 | limited to, state-of-the-art technology for pavement, safety, |
223 | and other aspects of highway construction and maintenance; |
224 | innovative bidding and financing techniques; accelerated |
225 | construction procedures; and those techniques that have the |
226 | potential to reduce project life cycle costs. To the maximum |
227 | extent practical, the department must use the existing process |
228 | to award and administer construction and maintenance contracts. |
229 | When specific innovative techniques are to be used, the |
230 | department is not required to adhere to those provisions of law |
231 | that would prevent, preclude, or in any way prohibit the |
232 | department from using the innovative technique. However, prior |
233 | to using an innovative technique that is inconsistent with |
234 | another provision of law, the department must document in |
235 | writing the need for the exception and identify what benefits |
236 | the traveling public and the affected community are anticipated |
237 | to receive. The department may enter into no more than $120 |
238 | million in contracts annually for the purposes authorized by |
239 | this section. However, the annual cap on contracts provided in |
240 | this section shall not apply to turnpike enterprise projects nor |
241 | shall turnpike enterprise projects be counted toward the |
242 | department's annual cap. |
243 | (2) For the 2009-2010 fiscal year only, the annual cap |
244 | provided in subsection (1) shall not apply to transportation |
245 | projects funded by the American Recovery and Reinvestment Act of |
246 | 2009. This subsection expires July 1, 2010. |
247 | Section 10. In order to implement the transfer of moneys |
248 | to the General Revenue Fund from trust funds in the 2009-2010 |
249 | General Appropriations Act, paragraph (b) of subsection (2) of |
250 | section 215.32, Florida Statutes, is reenacted to read: |
251 | 215.32 State funds; segregation.-- |
252 | (2) The source and use of each of these funds shall be as |
253 | follows: |
254 | (b)1. The trust funds shall consist of moneys received by |
255 | the state which under law or under trust agreement are |
256 | segregated for a purpose authorized by law. The state agency or |
257 | branch of state government receiving or collecting such moneys |
258 | shall be responsible for their proper expenditure as provided by |
259 | law. Upon the request of the state agency or branch of state |
260 | government responsible for the administration of the trust fund, |
261 | the Chief Financial Officer may establish accounts within the |
262 | trust fund at a level considered necessary for proper |
263 | accountability. Once an account is established within a trust |
264 | fund, the Chief Financial Officer may authorize payment from |
265 | that account only upon determining that there is sufficient cash |
266 | and releases at the level of the account. |
267 | 2. In addition to other trust funds created by law, to the |
268 | extent possible, each agency shall use the following trust funds |
269 | as described in this subparagraph for day-to-day operations: |
270 | a. Operations or operating trust fund, for use as a |
271 | depository for funds to be used for program operations funded by |
272 | program revenues, with the exception of administrative |
273 | activities when the operations or operating trust fund is a |
274 | proprietary fund. |
275 | b. Operations and maintenance trust fund, for use as a |
276 | depository for client services funded by third-party payors. |
277 | c. Administrative trust fund, for use as a depository for |
278 | funds to be used for management activities that are departmental |
279 | in nature and funded by indirect cost earnings and assessments |
280 | against trust funds. Proprietary funds are excluded from the |
281 | requirement of using an administrative trust fund. |
282 | d. Grants and donations trust fund, for use as a |
283 | depository for funds to be used for allowable grant or donor |
284 | agreement activities funded by restricted contractual revenue |
285 | from private and public nonfederal sources. |
286 | e. Agency working capital trust fund, for use as a |
287 | depository for funds to be used pursuant to s. 216.272. |
288 | f. Clearing funds trust fund, for use as a depository for |
289 | funds to account for collections pending distribution to lawful |
290 | recipients. |
291 | g. Federal grant trust fund, for use as a depository for |
292 | funds to be used for allowable grant activities funded by |
293 | restricted program revenues from federal sources. |
294 |
|
295 | To the extent possible, each agency must adjust its internal |
296 | accounting to use existing trust funds consistent with the |
297 | requirements of this subparagraph. If an agency does not have |
298 | trust funds listed in this subparagraph and cannot make such |
299 | adjustment, the agency must recommend the creation of the |
300 | necessary trust funds to the Legislature no later than the next |
301 | scheduled review of the agency's trust funds pursuant to s. |
302 | 215.3206. |
303 | 3. All such moneys are hereby appropriated to be expended |
304 | in accordance with the law or trust agreement under which they |
305 | were received, subject always to the provisions of chapter 216 |
306 | relating to the appropriation of funds and to the applicable |
307 | laws relating to the deposit or expenditure of moneys in the |
308 | State Treasury. |
309 | 4.a. Notwithstanding any provision of law restricting the |
310 | use of trust funds to specific purposes, unappropriated cash |
311 | balances from selected trust funds may be authorized by the |
312 | Legislature for transfer to the Budget Stabilization Fund and |
313 | General Revenue Fund in the General Appropriations Act. |
314 | b. This subparagraph does not apply to trust funds |
315 | required by federal programs or mandates; trust funds |
316 | established for bond covenants, indentures, or resolutions whose |
317 | revenues are legally pledged by the state or public body to meet |
318 | debt service or other financial requirements of any debt |
319 | obligations of the state or any public body; the State |
320 | Transportation Trust Fund; the trust fund containing the net |
321 | annual proceeds from the Florida Education Lotteries; the |
322 | Florida Retirement System Trust Fund; trust funds under the |
323 | management of the State Board of Education or the Board of |
324 | Governors of the State University System, where such trust funds |
325 | are for auxiliary enterprises, self-insurance, and contracts, |
326 | grants, and donations, as those terms are defined by general |
327 | law; trust funds that serve as clearing funds or accounts for |
328 | the Chief Financial Officer or state agencies; trust funds that |
329 | account for assets held by the state in a trustee capacity as an |
330 | agent or fiduciary for individuals, private organizations, or |
331 | other governmental units; and other trust funds authorized by |
332 | the State Constitution. |
333 | Section 11. Paragraph (d) is added to subsection (11) of |
334 | section 216.181, Florida Statutes, to read: |
335 | 216.181 Approved budgets for operations and fixed capital |
336 | outlay.-- |
337 | (11) |
338 | (d) For the fiscal year 2009-2010 only, changes in the |
339 | amounts appropriated for fixed capital outlay projects may be |
340 | approved by the Legislative Budget Commission pursuant to the |
341 | request of a state agency filed with the Executive Office of the |
342 | Governor if the project's funding is derived from the American |
343 | Recovery and Reinvestment Act of 2009. This paragraph expires |
344 | July 1, 2010. |
345 |
|
346 | The provisions of this subsection are subject to the notice and |
347 | objection procedures set forth in s. 216.177. |
348 | Section 12. In order to implement section 23 of the 2009- |
349 | 2010 General Appropriations Act, subsection (4) is added to |
350 | section 339.08, Florida Statutes, to read: |
351 | 339.08 Use of moneys in State Transportation Trust Fund.-- |
352 | (4) For the 2009-2010 fiscal year only and notwithstanding |
353 | the provisions of this section and ss. 339.09(1) and |
354 | 215.32(2)(b)4., funds may be transferred from the State |
355 | Transportation Trust Fund to the General Revenue Fund as |
356 | specified in the General Appropriations Act. Notwithstanding ss. |
357 | 206.46(3) and 206.606(2), the total amount transferred shall be |
358 | reduced from total state revenues deposited into the State |
359 | Transportation Trust Fund for the calculation requirements of |
360 | ss. 206.46(3) and 206.606(2). This subsection expires July 1, |
361 | 2010. |
362 | Section 13. In order to implement Specific Appropriations |
363 | 316 through 346 of the 2009-2010 General Appropriations Act, |
364 | subsection (3) of section 394.908, Florida Statutes, is amended |
365 | to read: |
366 | 394.908 Substance abuse and mental health funding equity; |
367 | distribution of appropriations.--In recognition of the |
368 | historical inequity in the funding of substance abuse and mental |
369 | health services for the department's districts and regions and |
370 | to rectify this inequity and provide for equitable funding in |
371 | the future throughout the state, the following funding process |
372 | shall be used: |
373 | (3)(a) Any additional funding beyond the 2005-2006 fiscal |
374 | year base appropriation for alcohol, drug abuse, and mental |
375 | health services shall be allocated to districts for substance |
376 | abuse and mental health services based on: |
377 | 1. Epidemiological estimates of disabilities that apply to |
378 | the respective target populations. |
379 | 2. A pro rata share distribution that ensures districts |
380 | below the statewide average funding level per person in each |
381 | target population of "persons in need" receive funding necessary |
382 | to achieve equity. |
383 | (b) Notwithstanding paragraph (a) and for the 2008-2009 |
384 | fiscal year only, funds appropriated for forensic mental health |
385 | treatment services shall be allocated to the areas of the state |
386 | having the greatest demand for services and treatment capacity. |
387 | This paragraph expires July 1, 2009. |
388 | (c) Notwithstanding paragraph (a) and for the 2009-2010 |
389 | 2008-2009 fiscal year only, additional funds appropriated for |
390 | mental health services from funds available through the |
391 | Community-Based Medicaid Administrative Claiming Program shall |
392 | be allocated in proportion to contributed provider earnings |
393 | after administrative costs incurred by the department are |
394 | covered as provided in the 2008-2009 General Appropriations Act |
395 | and in proportion to contributed provider earnings. Where these |
396 | mental health funds are used in lieu of funds from the General |
397 | Revenue Fund, the allocation of funds shall be unchanged from |
398 | the allocation for those funds for the 2007-2008 fiscal year. |
399 | This paragraph expires July 1, 2010 2009. |
400 | Section 14. In order to implement Specific Appropriations |
401 | 279 of the 2009-2010 General Appropriations Act, the Department |
402 | of Children and Family Services shall ensure that all public and |
403 | private agencies and institutions participating in child welfare |
404 | cases enter information specified by rule of the department into |
405 | the Florida Safe Families Network in order to maintain the |
406 | accuracy and usefulness of the system. The department shall |
407 | coordinate with the Office of the State Courts Administrator for |
408 | the purpose of providing any judge or magistrate assigned to a |
409 | dependency court case with access to information in the Florida |
410 | Safe Families Network relating to a child welfare case which is |
411 | required to be filed with the court pursuant to chapter 39, |
412 | Florida Statutes. The department shall report to the Governor, |
413 | the President of the Senate, and the Speaker of the House of |
414 | Representatives by September 1, 2009, with respect to progress |
415 | on providing access to the Florida Safe Families Network as |
416 | provided in this section. This section expires July 1, 2010. |
417 | Section 15. In order to implement Specific Appropriations |
418 | 448, 450, 456, 458, and 459 of the 2009-2010 General |
419 | Appropriations Act, paragraph (b) of subsection (14) of section |
420 | 287.057, Florida Statutes, is amended to read: |
421 | 287.057 Procurement of commodities or contractual |
422 | services.-- |
423 | (14) |
424 | (b) The Department of Health shall enter into an |
425 | agreement, not to exceed 20 years, with a private contractor to |
426 | finance, design, and construct a hospital, of no more than 50 |
427 | beds, for the treatment of patients with active tuberculosis and |
428 | to operate all aspects of daily operations within the facility. |
429 | The contractor may sponsor the issuance of tax-exempt |
430 | certificates of participation or other securities to finance the |
431 | project, and the state may enter into a lease-purchase agreement |
432 | for the facility. The department shall begin the implementation |
433 | of this initiative by July 1, 2008. This paragraph expires July |
434 | 1, 2010 2009. |
435 | Section 16. Paragraph (d) is added to subsection (3) of |
436 | section 400.23, Florida Statutes, to read: |
437 | 400.23 Rules; evaluation and deficiencies; licensure |
438 | status.-- |
439 | (3) |
440 | (d) Notwithstanding any other provision of this subsection |
441 | and for the 2009-2010 fiscal year only, the agency may not |
442 | impose sanctions against a nursing home for failure to meet the |
443 | staffing ratios in paragraph (a), as long as the certified |
444 | nursing assistant ratio is not below 2.6 hours per resident per |
445 | day and the licensed nurse ratio is not below 1 hour per |
446 | resident per day. This paragraph expires July 1, 2010. |
447 | Section 17. Paragraph (d) of subsection (15) of section |
448 | 400.141, Florida Statutes, is amended to read: |
449 | 400.141 Administration and management of nursing home |
450 | facilities.--Every licensed facility shall comply with all |
451 | applicable standards and rules of the agency and shall: |
452 | (15) Submit semiannually to the agency, or more frequently |
453 | if requested by the agency, information regarding facility |
454 | staff-to-resident ratios, staff turnover, and staff stability, |
455 | including information regarding certified nursing assistants, |
456 | licensed nurses, the director of nursing, and the facility |
457 | administrator. For purposes of this reporting: |
458 | (d)1. A nursing facility that has failed to comply with |
459 | state minimum-staffing requirements for 2 consecutive days is |
460 | prohibited from accepting new admissions until the facility has |
461 | achieved the minimum-staffing requirements for a period of 6 |
462 | consecutive days. For the purposes of this paragraph, any person |
463 | who was a resident of the facility and was absent from the |
464 | facility for the purpose of receiving medical care at a separate |
465 | location or was on a leave of absence is not considered a new |
466 | admission. Failure to impose such an admissions moratorium |
467 | constitutes a class II deficiency. |
468 | 2. Notwithstanding the provisions of subparagraph 1. and |
469 | for the 2009-2010 fiscal year only, the agency may not impose |
470 | sanctions against a nursing home for failure to impose a |
471 | moratorium on new admissions under subparagraph 1., as long as |
472 | the licensed nurse ratio is not below 1 hour per resident per |
473 | day and the certified nursing assistant ratio is not below 2.6 |
474 | hours per resident per day. This subparagraph expires July 1, |
475 | 2010. |
476 |
|
477 | Nothing in this section shall limit the agency's ability to |
478 | impose a deficiency or take other actions if a facility does not |
479 | have enough staff to meet the residents' needs. |
480 |
|
481 | Facilities that have been awarded a Gold Seal under the program |
482 | established in s. 400.235 may develop a plan to provide |
483 | certified nursing assistant training as prescribed by federal |
484 | regulations and state rules and may apply to the agency for |
485 | approval of their program. |
486 | Section 18. In order to fulfill legislative intent |
487 | regarding the use of funds contained in Specific Appropriations |
488 | 617, 631, 644, and 1112 of the 2009-2010 General Appropriations |
489 | Act, the Department of Corrections and the Department of |
490 | Juvenile Justice may expend appropriated funds to assist in |
491 | defraying the costs of impacts that are incurred by a |
492 | municipality or county and associated with opening or operating |
493 | a facility under the authority of the respective department that |
494 | is located within that municipality or county. The amount that |
495 | is to be paid under this section for any facility may not exceed |
496 | 1 percent of the facility construction cost, less building |
497 | impact fees imposed by the municipality or by the county if the |
498 | facility is located in the unincorporated portion of the county. |
499 | This section expires July 1, 2010. |
500 | Section 19. In order to implement Specific Appropriations |
501 | 607 through 706 and 738 through 773 of the 2009-2010 General |
502 | Appropriations Act, subsection (4) of section 216.262, Florida |
503 | Statutes, is amended to read: |
504 | 216.262 Authorized positions.-- |
505 | (4) Notwithstanding the provisions of this chapter on |
506 | increasing the number of authorized positions, and for the 2009- |
507 | 2010 2008-2009 fiscal year only, if the actual inmate population |
508 | of the Department of Corrections exceeds the inmate population |
509 | projections of the February 16, 2009 February 15, 2008, Criminal |
510 | Justice Estimating Conference by 1 percent for 2 consecutive |
511 | months or 2 percent for any month, the Executive Office of the |
512 | Governor, with the approval of the Legislative Budget |
513 | Commission, shall immediately notify the Criminal Justice |
514 | Estimating Conference, which shall convene as soon as possible |
515 | to revise the estimates. The Department of Corrections may then |
516 | submit a budget amendment requesting the establishment of |
517 | positions in excess of the number authorized by the Legislature |
518 | and additional appropriations from unallocated general revenue |
519 | sufficient to provide for essential staff, fixed capital |
520 | improvements, and other resources to provide classification, |
521 | security, food services, health services, and other variable |
522 | expenses within the institutions to accommodate the estimated |
523 | increase in the inmate population. All actions taken pursuant to |
524 | the authority granted in this subsection shall be subject to |
525 | review and approval by the Legislative Budget Commission. This |
526 | subsection expires July 1, 2010 2009. |
527 | Section 20. In order to implement Specific Appropriations |
528 | 1231, 1251, 1272, and 1282 of the 2009-2010 General |
529 | Appropriations Act, the Department of Legal Affairs is |
530 | authorized to transfer cash remaining after required |
531 | disbursements from Attorney General case number 16-2008-CA-01 |
532 | 3142CV-C from FLAIR account 41-74-2-601001-41100100-00-181076-00 |
533 | to the Operating Trust Fund within the Department of Legal |
534 | Affairs to pay salaries and benefits. This section expires July |
535 | 1, 2010. |
536 | Section 21. In order to implement Specific Appropriation |
537 | 1205 of the 2009-2010 General Appropriations Act, subsection |
538 | (14) of section 790.065, Florida Statutes, is amended to read: |
539 | 790.065 Sale and delivery of firearms.-- |
540 | (14) This section is repealed effective October 1, 2010 |
541 | 2009. |
542 | Section 22. In order to implement Specific Appropriations |
543 | for salaries and benefits in the 2009-2010 General |
544 | Appropriations Act, paragraph (b) of subsection (3) of section |
545 | 112.24, Florida Statutes, is amended to read: |
546 | 112.24 Intergovernmental interchange of public |
547 | employees.--To encourage economical and effective utilization of |
548 | public employees in this state, the temporary assignment of |
549 | employees among agencies of government, both state and local, |
550 | and including school districts and public institutions of higher |
551 | education is authorized under terms and conditions set forth in |
552 | this section. State agencies, municipalities, and political |
553 | subdivisions are authorized to enter into employee interchange |
554 | agreements with other state agencies, the Federal Government, |
555 | another state, a municipality, or a political subdivision |
556 | including a school district, or with a public institution of |
557 | higher education. State agencies are also authorized to enter |
558 | into employee interchange agreements with private institutions |
559 | of higher education and other nonprofit organizations under the |
560 | terms and conditions provided in this section. In addition, the |
561 | Governor or the Governor and Cabinet may enter into employee |
562 | interchange agreements with a state agency, the Federal |
563 | Government, another state, a municipality, or a political |
564 | subdivision including a school district, or with a public |
565 | institution of higher learning to fill, subject to the |
566 | requirements of chapter 20, appointive offices which are within |
567 | the executive branch of government and which are filled by |
568 | appointment by the Governor or the Governor and Cabinet. Under |
569 | no circumstances shall employee interchange agreements be |
570 | utilized for the purpose of assigning individuals to participate |
571 | in political campaigns. Duties and responsibilities of |
572 | interchange employees shall be limited to the mission and goals |
573 | of the agencies of government. |
574 | (3) Salary, leave, travel and transportation, and |
575 | reimbursements for an employee of a sending party that is |
576 | participating in an interchange program shall be handled as |
577 | follows: |
578 | (b)1. The assignment of an employee of a state agency |
579 | either on detail or on leave of absence may be made without |
580 | reimbursement by the receiving party for the travel and |
581 | transportation expenses to or from the place of the assignment |
582 | or for the pay and benefits, or a part thereof, of the employee |
583 | during the assignment. |
584 | 2. For the 2009-2010 2008-2009 fiscal year only, the |
585 | assignment of an employee of a state agency as provided in |
586 | subparagraph 1. may be made if recommended by the Governor or |
587 | Chief Justice, as appropriate, and approved by the chairs of the |
588 | Senate Policy and Steering Committee on Ways and Means and the |
589 | House Full Appropriations Council on General Government and |
590 | Health Care Senate Fiscal Policy and Calendar Committee and the |
591 | House Policy and Budget Council. Such actions shall be deemed |
592 | approved if neither chair provides written notice of objection |
593 | within 14 days after the chair's receiving notice of the action |
594 | pursuant to s. 216.177. This subparagraph expires July 1, 2010 |
595 | 2009. |
596 | Section 23. In order to implement the appropriation of |
597 | funds in Special Categories-Risk Management Insurance of the |
598 | 2009-2010 General Appropriations Act, and pursuant to the |
599 | notice, review, and objection procedures of s. 216.177, Florida |
600 | Statutes, the Executive Office of the Governor is authorized to |
601 | transfer funds appropriated in the appropriation category |
602 | "Special Categories-Risk Management Insurance" of the 2009-2010 |
603 | General Appropriations Act between departments in order to align |
604 | the budget authority granted with the premiums paid by each |
605 | department for risk management insurance. This section expires |
606 | July 1, 2010. |
607 | Section 24. In order to implement the appropriation of |
608 | funds in Special Categories-Transfer to Department of Management |
609 | Services-Human Resources Services Purchased Per Statewide |
610 | Contract of the 2009-2010 General Appropriations Act, and |
611 | pursuant to the notice, review, and objection procedures of s. |
612 | 216.177, Florida Statutes, the Executive Office of the Governor |
613 | is authorized to transfer funds appropriated in the |
614 | appropriation category "Special Categories-Transfer to |
615 | Department of Management Services-Human Resources Services |
616 | Purchased Per Statewide Contract" of the 2009-2010 General |
617 | Appropriations Act between departments in order to align the |
618 | budget authority granted with the assessments that must be paid |
619 | by each agency to the Department of Management Services for |
620 | human resource management services. This section expires July 1, |
621 | 2010. |
622 | Section 25. In order to implement specific appropriations |
623 | for salaries and benefits in the 2009-2010 General |
624 | Appropriations Act, paragraph (a) of subsection (12) of section |
625 | 110.123, Florida Statutes, is amended to read: |
626 | 110.123 State group insurance program.-- |
627 | (12) HEALTH SAVINGS ACCOUNTS.--The department is |
628 | authorized to establish health savings accounts for full-time |
629 | and part-time state employees in association with a health |
630 | insurance plan option authorized by the Legislature and |
631 | conforming to the requirements and limitations of federal |
632 | provisions relating to the Medicare Prescription Drug, |
633 | Improvement, and Modernization Act of 2003. |
634 | (a)1. A member participating in this health insurance plan |
635 | option shall be eligible to receive an employer contribution |
636 | into the employee's health savings account from the State |
637 | Employees Health Insurance Trust Fund in an amount to be |
638 | determined by the Legislature. A member is not eligible for an |
639 | employer contribution upon termination of employment. For the |
640 | 2009-2010 2008-2009 fiscal year, the state's monthly |
641 | contribution for employees having individual coverage shall be |
642 | $41.66 and the monthly contribution for employees having family |
643 | coverage shall be $83.33. |
644 | 2. A member participating in this health insurance plan |
645 | option shall be eligible to deposit the member's own funds into |
646 | a health savings account. |
647 | Section 26. Effective June 30, 2009, in order to implement |
648 | Specific Appropriations 2677 and 2678 of the 2009-2010 General |
649 | Appropriations Act, paragraph (c)is added to subsection (1) of |
650 | section 11.13, Florida Statutes, to read: |
651 | 11.13 Compensation of members.-- |
652 | (1) |
653 | (c) Notwithstanding the provisions of paragraph (b) and |
654 | for the 2009-2010 fiscal year only, the authorized salary of a |
655 | member of the Legislature in effect on June 30, 2009, shall be |
656 | reduced by 5 percent. In addition, the authorized salary of a |
657 | member of the Legislature shall be reduced by 100 percent upon |
658 | the voluntary election in writing by the member on or before |
659 | June 30, 2009. This paragraph expires July 1, 2010. |
660 | Section 27. In order to implement Specific Appropriation |
661 | 2741 of the 2009-2010 General Appropriations Act, paragraph (b) |
662 | of subsection (1) of section 255.518, Florida Statutes, as |
663 | amended by section 27 of chapter 2008-153, Laws of Florida, is |
664 | amended to read: |
665 | 255.518 Obligations; purpose, terms, approval, |
666 | limitations.-- |
667 | (1) |
668 | (b) Payment of debt service charges and any reserves on |
669 | obligations during the construction of any facility financed by |
670 | such obligations shall be made from funds other than proceeds of |
671 | obligations. |
672 | Section 28. The amendment to s. 255.518(1)(b), Florida |
673 | Statutes, by this act shall expire July 1, 2010, and the text of |
674 | that paragraph shall revert to that in existence on June 30, |
675 | 2009, except that any amendments to such text enacted other than |
676 | by this act shall be preserved and continue to operate to the |
677 | extent that such amendments are not dependent upon the portions |
678 | of such text which expire pursuant to this section. |
679 | Section 29. In order to implement Specific Appropriation |
680 | 1294 through 1454 of the 2009-2010 General Appropriations Act, |
681 | section 570.20, Florida Statutes, is amended to read: |
682 | 570.20 General Inspection Trust Fund.-- |
683 | (1) All donations and all inspection fees and other funds |
684 | authorized and received from whatever source in the enforcement |
685 | of the inspection laws administered by the department shall be |
686 | paid into the General Inspection Trust Fund of Florida, which is |
687 | created in the office of the Chief Financial Officer. All |
688 | expenses incurred in carrying out the provisions of the |
689 | inspection laws shall be paid from this fund as other funds are |
690 | paid from the State Treasury. A percentage of all revenue |
691 | deposited in this fund, including transfers from any subsidiary |
692 | accounts, shall be deposited in the General Revenue Fund |
693 | pursuant to chapter 215, except that funds collected for |
694 | marketing orders shall pay at the rate of 3 percent. |
695 | (2) For the 2009-2010 2008-2009 fiscal year only and |
696 | notwithstanding any other provision of law to the contrary, in |
697 | addition to the spending authorized in subsection (1), moneys in |
698 | the General Inspection Trust Fund may be appropriated for |
699 | programs operated by the department which are related to the |
700 | programs authorized by this chapter. This subsection expires |
701 | July 1, 2010 2009. |
702 | Section 30. A section of this act that implements a |
703 | specific appropriation or specifically identified proviso |
704 | language in the 2009-2010 General Appropriations Act is void if |
705 | the specific appropriation or specifically identified proviso |
706 | language is vetoed. A section of this act that implements more |
707 | than one specific appropriation or more than one portion of |
708 | specifically identified proviso language in the 2009-2010 |
709 | General Appropriations Act is void if all the specific |
710 | appropriations or portions of specifically identified proviso |
711 | language are vetoed. |
712 | Section 31. If any other act passed in 2009 contains a |
713 | provision that is substantively the same as a provision in this |
714 | act, but that removes or is otherwise not subject to the future |
715 | repeal applied to such provision by this act, the Legislature |
716 | intends that the provision in the other act shall take |
717 | precedence and shall continue to operate, notwithstanding the |
718 | future repeal provided by this act. |
719 | Section 32. If any provision of this act or its |
720 | application to any person or circumstance is held invalid, the |
721 | invalidity does not affect other provisions or applications of |
722 | the act which can be given effect without the invalid provision |
723 | or application, and to this end the provisions of this act are |
724 | severable. |
725 | Section 33. Except as otherwise expressly provided in this |
726 | act and except for this section, which shall take effect upon |
727 | this act becoming a law, this act shall take effect July 1, |
728 | 2009; or, if this act fails to become a law until after that |
729 | date, it shall take effect upon becoming a law and shall operate |
730 | retroactively to July 1, 2009. |
731 |
|
732 |
|
733 | ----------------------------------------------------- |
734 | T I T L E A M E N D M E N T |
735 | Remove the entire title and insert: |
736 | A bill to be entitled |
737 | An act relating to implementing the 2009-2010 General |
738 | Appropriations Act; providing legislative intent; amending |
739 | ss. 1009.534, 1009.535, and 1009.536, F.S.; providing that |
740 | Florida Academic Scholars, Florida Medallion Scholars, and |
741 | Florida Gold Seal Vocational Scholars are eligible for |
742 | awards equal to the amount specified in the 2009-2010 |
743 | General Appropriations Act; amending s. 215.559, F.S.; |
744 | providing for allocation of funds appropriated to the |
745 | Hurricane Loss Mitigation Program for specified purposes; |
746 | amending s. 332.007, F.S.; authorizing the Department of |
747 | Transportation to fund operational and maintenance |
748 | assistance security projects at publicly owned public-use |
749 | airports; providing for the future expiration of such |
750 | authority and the reversion of statutory text; amending s. |
751 | 339.135, F.S.; providing for use of transportation |
752 | revenues; providing for revised funding levels for |
753 | Department of Transportation projects; requiring the |
754 | Department of Transportation to transfer funds to the |
755 | Office of Tourism, Trade, and Economic Development for the |
756 | purpose of funding transportation-related needs of |
757 | economic development; removing an obsolete provision; |
758 | amending s. 337.025, F.S.; authorizing the Department of |
759 | Transportation to utilize innovative contracting methods |
760 | for projects funded under the American Recovery |
761 | Reinvestment Act of 2009; reenacting s. 215.32(2)(b), |
762 | F.S., relating to the source and use of certain trust |
763 | funds in order to implement the transfer of moneys to the |
764 | General Revenue Fund from trust funds in the 2009-2010 |
765 | General Appropriations Act; amending s. 216.181, F.S.; |
766 | permitting the Legislative Budget Commission to approve |
767 | changes appropriated for fixed capital outlay projects |
768 | when a state agency request is filed with the Executive |
769 | Office of the Governor and funding is derived from the |
770 | American Recovery and Reinvestment Act of 2009; amending |
771 | s. 339.08, F.S.; authorizing the transfer of specified |
772 | moneys from the State Transportation Trust Fund to the |
773 | General Revenue Fund; reducing the amount transferred from |
774 | certain transportation calculation requirements; amending |
775 | s. 394.908, F.S.; requiring that funds appropriated |
776 | through the Community-Based Medicaid Administrative |
777 | Claiming Program be allocated proportionately to |
778 | contributed provider earnings; providing allocation |
779 | requirements for specified funds appropriated for mental |
780 | health services; requiring the Department of Children and |
781 | Family Services to ensure information is entered into the |
782 | Florida Safe Families Network; requiring coordination |
783 | between the department and the Office of the State Courts |
784 | Administrator to provide information relating to child |
785 | welfare cases; requiring a report to the Governor and |
786 | Legislature; amending s. 287.057, F.S.; extending |
787 | authorization of the Department of Health to enter into an |
788 | agreement with a private contractor relating to a facility |
789 | for the treatment of patients with tuberculosis; amending |
790 | s. 400.23, F.S.; prohibiting sanctions against a nursing |
791 | home relating to failure to meet certain staffing ratios; |
792 | amending s. 400.141, F.S.; prohibiting sanctions against a |
793 | nursing home relating to failure to impose a moratorium on |
794 | new admissions as long as the licensed nurse ratio is not |
795 | below a specified level; authorizing the Department of |
796 | Corrections and the Department of Juvenile Justice to make |
797 | certain expenditures to defray costs incurred by a |
798 | municipality or county as a result of opening or operating |
799 | a facility under authority of the respective department; |
800 | amending s. 216.262, F.S.; providing for additional |
801 | positions to operate additional prison bed capacity under |
802 | certain circumstances; authorizing the Department of Legal |
803 | Affairs to transfer certain funds to pay salaries and |
804 | benefits; amending s. 790.065, F.S.; extending date of |
805 | sunset of firearms purchase program; amending s. 112.24, |
806 | F.S.; providing conditions on the assignment of an |
807 | employee of a state agency without reimbursement from the |
808 | receiving agency; authorizing the Executive Office of the |
809 | Governor to transfer funds between departments for |
810 | purposes of aligning amounts paid for risk management |
811 | premiums and for purposes of aligning amounts paid for |
812 | human resource management services; amending s. 110.123, |
813 | F.S.; providing for the state's monthly contribution for |
814 | employees under the state group insurance program; |
815 | amending s. 11.13, F.S.; providing for reduction in |
816 | legislator salaries; amending s. 255.518, F.S.; revising |
817 | provisions relating to payment of obligations during the |
818 | construction of any facility financed by such obligations; |
819 | amending s. 570.20, F.S.; delaying the expiration of |
820 | provisions authorizing moneys in the General Inspection |
821 | Trust Fund to be appropriated for certain programs |
822 | operated by the Department of Agriculture and Consumer |
823 | Services; providing for future expiration of various |
824 | provisions; providing for the effect of a veto of one or |
825 | more specific appropriations or proviso to which |
826 | implementing language refers; providing for the continued |
827 | operation of certain provisions notwithstanding a future |
828 | repeal or expiration provided by this act; providing for |
829 | severability; providing effective dates. |