Amendment
Bill No. SB 2602
Amendment No. 070157
CHAMBER ACTION
Senate House
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1Representatives Rivera and Llorente offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5
6     Section 1.  It is the intent of the Legislature that the
7implementing and administering provisions of this act apply to
8the General Appropriations Act for the 2009-2010 fiscal year.
9     Section 2.  In order to implement Specific Appropriation 3
10of the 2009-2010 General Appropriations Act, subsection (5) is
11added to section 1009.534, Florida Statutes, to read:
12     1009.534  Florida Academic Scholars award.--
13     (5)  Notwithstanding subsections (2) and (4), a Florida
14Academic Scholar is eligible for an award equal to the amount
15specified in the General Appropriations Act for the 2009-2010
16academic year. This subsection expires July 1, 2010.
17     Section 3.  In order to implement Specific Appropriation 3
18of the 2009-2010 General Appropriations Act, subsection (4) is
19added to section 1009.535, Florida Statutes, to read:
20     1009.535  Florida Medallion Scholars award.--
21     (4)  Notwithstanding subsection (2), a Florida Medallion
22Scholar is eligible for an award equal to the amount specified
23in the General Appropriations Act for the 2009-2010 academic
24year. This subsection expires July 1, 2010.
25     Section 4.  In order to implement Specific Appropriation 3
26of the 2009-2010 General Appropriations Act, subsection (5) is
27added to section 1009.536, Florida Statutes, to read:
28     1009.536  Florida Gold Seal Vocational Scholars award.--The
29Florida Gold Seal Vocational Scholars award is created within
30the Florida Bright Futures Scholarship Program to recognize and
31reward academic achievement and career preparation by high
32school students who wish to continue their education.
33     (5)  Notwithstanding subsection (2), a Florida Gold Seal
34Vocational Scholar is eligible for an award equal to the amount
35specified in the General Appropriations Act for the 2009-2010
36academic year. This subsection expires July 1, 2010.
37     Section 5.  In order to implement Specific Appropriation
381514 of the 2009-2010 General Appropriations Act, subsection (8)
39of section 215.559, Florida Statutes, is amended, and a new
40subsection (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
43and for the 2009-2010 fiscal year only, the $7 million
44appropriation provided for in paragraph (2)(a) shall be
45allocated as follows:
46     1.  The sum of $3.5 million shall be transferred to the
47Department of Financial Services for the My Safe Florida Home
48Program as provided for in s. 215.5586.
49     2.  The sum of $3,421,764 shall be used for programs to
50improve the wind resistance of residences and mobile homes,
51including loans, subsidies, grants, demonstration projects, and
52direct assistance; educating persons concerning the Florida
53Building Code cooperative programs with local governments and
54the Federal Government; and other efforts to prevent or reduce
55losses or reduce the cost of rebuilding after a disaster.
56     3.  The sum of $78,236 shall be allocated for operational
57purposes of the department as specified in the 2009-2010 General
58Appropriations Act.
59     (b)  This subsection expires July 1, 2010.
60     (8)(a)  Notwithstanding any other provision of this section
61and for the 2008-2009 fiscal year only, the $10 million
62appropriation provided for in subsection (1) shall be allocated
63as follows:
64     1.  The sum of $2.8 million shall be used to inspect and
65improve tie-downs for mobile homes for the same purpose as
66specified in paragraph (3)(a).
67     2.  The sum of $700,000 shall be allocated to the Florida
68International University for the same purpose as specified in
69subsection (4).
70     3.  The sum of $6,421,764 shall be used to install
71emergency power generators in special-needs hurricane evacuation
72shelters as provided in s. 1, ch. 2006-71, Laws of Florida,
73except that such funds may not be used for administrative
74purposes.
75     4.  The sum of $78,236 shall be allocated for operational
76purposes of the department as specified in the 2008-2009 General
77Appropriations Act.
78     (b)  This subsection expires July 1, 2009.
79     Section 6.  In order to implement Specific Appropriation
801998 of the 2009-2010 General Appropriations Act, subsection (8)
81of section 332.007, Florida Statutes, is amended to read:
82     332.007  Administration and financing of aviation and
83airport programs and projects; state plan.--
84     (8)  Notwithstanding any other provision of law to the
85contrary, the department is authorized to fund security
86projects, including operational and maintenance assistance, at
87publicly owned public-use airports. For projects in the current
88adopted work program, or projects added using the available
89budget of the department, airports may request the department
90change the project purpose in accordance with this provision
91notwithstanding the provisions of s. 339.135(7). For purposes of
92this subsection, the department may fund up to 100 percent of
93eligible project costs that are not funded by the Federal
94Government. This subsection shall expire on June 30, 2012.
95     Section 7.  The amendment to s. 332.007(8), Florida
96Statutes, made by this act shall expire July 1, 2010, and the
97text of that subsection shall revert to that in existence on
98June 30, 2009, except that any amendments to such text enacted
99other than by this act shall be preserved and continue to
100operate to the extent that such amendments are not dependent
101upon the portions of such text which expire pursuant to this
102section.
103     Section 8.  In order to implement section 23 of the 2009-
1042010 General Appropriations Act, paragraph (a) of subsection (4)
105and subsection (5) of section 339.135, Florida Statutes, are
106amended to read:
107     339.135  Work program; legislative budget request;
108definitions; 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
111for local efforts to improve the State Highway System, the
112department shall, for the purpose of developing a tentative work
113program, allocate funds for new construction to the districts,
114except for the turnpike enterprise, based on equal parts of
115population and motor fuel tax collections. Funds for
116resurfacing, bridge repair and rehabilitation, bridge fender
117system construction or repair, public transit projects except
118public transit block grants as provided in s. 341.052, and other
119programs with quantitative needs assessments shall be allocated
120based on the results of these assessments. The department may
121not transfer any funds allocated to a district under this
122paragraph to any other district except as provided in subsection
123(7). Funds for public transit block grants shall be allocated to
124the districts pursuant to s. 341.052. Funds for the intercity
125bus program provided for under s. 5311(f) of the federal
126nonurbanized area formula program shall be administered and
127allocated directly to eligible bus carriers as defined in s.
128341.031(12) at the state level rather than the district. In
129order to provide state funding to support the intercity bus
130program provided for under provisions of the federal 5311(f)
131program, the department shall allocate an amount equal to the
132federal share of the 5311(f) program from amounts calculated
133pursuant to s. 206.46(3).
134     2.  Notwithstanding the provisions of subparagraph 1., the
135department shall allocate at least 50 percent of any new
136discretionary highway capacity funds to the Florida Strategic
137Intermodal System created pursuant to s. 339.61. Any remaining
138new discretionary highway capacity funds shall be allocated to
139the districts for new construction as provided in subparagraph
1401. For the purposes of this subparagraph, the term "new
141discretionary highway capacity funds" means any funds available
142to the department above the prior year funding level for
143capacity improvements, which the department has the discretion
144to allocate to highway projects.
145     3.  Notwithstanding subparagraph 1. and ss. 206.46(3),
146334.044(26), and 339.2819(3), and for the fiscal year 2009-2010
147only, the department shall reduce work program levels to balance
148the finance plan to the revised funding levels resulting from
149any reduction in the 2009-2010 General Appropriations Act. This
150subparagraph expires July 1, 2010.
151     4.  For the fiscal year 2009-2010 only, prior to any
152project or phase thereof being deferred, the reductions in
153subparagraph 3. shall be made to financial projects not
154programmed for contract letting as identified with a work
155program contract class code 8 and the box code RV, excluding
156reserves for public transit project development. These
157reductions shall not negatively impact safety, preservation,
158maintenance, or project contingency levels as of July 1, 2009.
159This subparagraph expires July 1, 2010.
160     (5)(a)  ADOPTION OF THE WORK PROGRAM.--
161     (a)  The original approved budget for operational and fixed
162capital expenditures for the department shall be the Governor's
163budget recommendation and the first year of the tentative work
164program, as both are amended by the General Appropriations Act
165and any other act containing appropriations. In accordance with
166the appropriations act, the department shall, prior to the
167beginning of the fiscal year, adopt a final work program which
168shall only include the original approved budget for the
169department for the ensuing fiscal year together with any roll
170forwards approved pursuant to paragraph (6)(c) and the portion
171of the tentative work program for the following 4 fiscal years
172revised in accordance with the original approved budget for the
173department for the ensuing fiscal year together with said roll
174forwards. The adopted work program may include only those
175projects submitted as part of the tentative work program
176developed under the provisions of subsection (4) plus any
177projects which are separately identified by specific
178appropriation in the General Appropriations Act and any roll
179forwards approved pursuant to paragraph (6)(c). However, any
180transportation project of the department which is identified by
181specific appropriation in the General Appropriations Act shall
182be deducted from the funds annually distributed to the
183respective district pursuant to paragraph (4)(a). In addition,
184the department shall not in any year include any project or
185allocate funds to a program in the adopted work program that is
186contrary to existing law for that particular year. Projects
187shall not be undertaken unless they are listed in the adopted
188work program.
189     (b)  Notwithstanding paragraph (a), and for the 2009-2010
1902008-2009 fiscal year only, the Department of Transportation
191shall transfer funds to the Office of Tourism, Trade, and
192Economic Development in an amount equal to $20,300,000
193$36,750,000 for the purpose of funding transportation-related
194needs of economic development projects, space and aerospace
195infrastructure, and other economic development projects. This
196transfer shall not reduce, delete, or defer any existing
197projects funded, as of July 1, 2009 2008, in the Department of
198Transportation's 5-year work program. This paragraph expires
199July 1, 2010 2009.
200     (c)  Notwithstanding paragraph (a) or subparagraph
201(4)(a)1., and for the 2008-2009 fiscal year only, the Department
202of Transportation shall fund projects in Specific Appropriations
2032063, 2071, 2077, 2079, 2102, 2106, 2109, and 2116 of the 2008-
2042009 General Appropriations Act. Funding for these specific
205appropriations shall be from projects or phases thereof within
206the department's fiscal year 2008-2009 work program not
207programmed for contract letting as identified with a work
208program contract class code 8 and the box code RV. This funding
209shall not negatively impact safety, preservation, maintenance,
210or project contingency levels as of July 1, 2008. This paragraph
211expires July 1, 2009.
212     Section 9.  In order to implement Specific Appropriations
2131986 through 2095 of the 2009-2010 General Appropriations Act,
214section 337.025, Florida Statutes, is amended to read:
215     337.025  Innovative highway projects; department to
216establish program.--
217     (1)  The department is authorized to establish a program
218for highway projects demonstrating innovative techniques of
219highway construction, maintenance, and finance which have the
220intended effect of controlling time and cost increases on
221construction projects. Such techniques may include, but are not
222limited to, state-of-the-art technology for pavement, safety,
223and other aspects of highway construction and maintenance;
224innovative bidding and financing techniques; accelerated
225construction procedures; and those techniques that have the
226potential to reduce project life cycle costs. To the maximum
227extent practical, the department must use the existing process
228to award and administer construction and maintenance contracts.
229When specific innovative techniques are to be used, the
230department is not required to adhere to those provisions of law
231that would prevent, preclude, or in any way prohibit the
232department from using the innovative technique. However, prior
233to using an innovative technique that is inconsistent with
234another provision of law, the department must document in
235writing the need for the exception and identify what benefits
236the traveling public and the affected community are anticipated
237to receive. The department may enter into no more than $120
238million in contracts annually for the purposes authorized by
239this section. However, the annual cap on contracts provided in
240this section shall not apply to turnpike enterprise projects nor
241shall turnpike enterprise projects be counted toward the
242department's annual cap.
243     (2)  For the 2009-2010 fiscal year only, the annual cap
244provided in subsection (1) shall not apply to transportation
245projects funded by the American Recovery and Reinvestment Act of
2462009. This subsection expires July 1, 2010.
247     Section 10.  In order to implement the transfer of moneys
248to the General Revenue Fund from trust funds in the 2009-2010
249General Appropriations Act, paragraph (b) of subsection (2) of
250section 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
253follows:
254     (b)1.  The trust funds shall consist of moneys received by
255the state which under law or under trust agreement are
256segregated for a purpose authorized by law. The state agency or
257branch of state government receiving or collecting such moneys
258shall be responsible for their proper expenditure as provided by
259law. Upon the request of the state agency or branch of state
260government responsible for the administration of the trust fund,
261the Chief Financial Officer may establish accounts within the
262trust fund at a level considered necessary for proper
263accountability. Once an account is established within a trust
264fund, the Chief Financial Officer may authorize payment from
265that account only upon determining that there is sufficient cash
266and releases at the level of the account.
267     2.  In addition to other trust funds created by law, to the
268extent possible, each agency shall use the following trust funds
269as described in this subparagraph for day-to-day operations:
270     a.  Operations or operating trust fund, for use as a
271depository for funds to be used for program operations funded by
272program revenues, with the exception of administrative
273activities when the operations or operating trust fund is a
274proprietary fund.
275     b.  Operations and maintenance trust fund, for use as a
276depository for client services funded by third-party payors.
277     c.  Administrative trust fund, for use as a depository for
278funds to be used for management activities that are departmental
279in nature and funded by indirect cost earnings and assessments
280against trust funds. Proprietary funds are excluded from the
281requirement of using an administrative trust fund.
282     d.  Grants and donations trust fund, for use as a
283depository for funds to be used for allowable grant or donor
284agreement activities funded by restricted contractual revenue
285from private and public nonfederal sources.
286     e.  Agency working capital trust fund, for use as a
287depository for funds to be used pursuant to s. 216.272.
288     f.  Clearing funds trust fund, for use as a depository for
289funds to account for collections pending distribution to lawful
290recipients.
291     g.  Federal grant trust fund, for use as a depository for
292funds to be used for allowable grant activities funded by
293restricted program revenues from federal sources.
294
295To the extent possible, each agency must adjust its internal
296accounting to use existing trust funds consistent with the
297requirements of this subparagraph. If an agency does not have
298trust funds listed in this subparagraph and cannot make such
299adjustment, the agency must recommend the creation of the
300necessary trust funds to the Legislature no later than the next
301scheduled review of the agency's trust funds pursuant to s.
302215.3206.
303     3.  All such moneys are hereby appropriated to be expended
304in accordance with the law or trust agreement under which they
305were received, subject always to the provisions of chapter 216
306relating to the appropriation of funds and to the applicable
307laws relating to the deposit or expenditure of moneys in the
308State Treasury.
309     4.a.  Notwithstanding any provision of law restricting the
310use of trust funds to specific purposes, unappropriated cash
311balances from selected trust funds may be authorized by the
312Legislature for transfer to the Budget Stabilization Fund and
313General Revenue Fund in the General Appropriations Act.
314     b.  This subparagraph does not apply to trust funds
315required by federal programs or mandates; trust funds
316established for bond covenants, indentures, or resolutions whose
317revenues are legally pledged by the state or public body to meet
318debt service or other financial requirements of any debt
319obligations of the state or any public body; the State
320Transportation Trust Fund; the trust fund containing the net
321annual proceeds from the Florida Education Lotteries; the
322Florida Retirement System Trust Fund; trust funds under the
323management of the State Board of Education or the Board of
324Governors of the State University System, where such trust funds
325are for auxiliary enterprises, self-insurance, and contracts,
326grants, and donations, as those terms are defined by general
327law; trust funds that serve as clearing funds or accounts for
328the Chief Financial Officer or state agencies; trust funds that
329account for assets held by the state in a trustee capacity as an
330agent or fiduciary for individuals, private organizations, or
331other governmental units; and other trust funds authorized by
332the State Constitution.
333     Section 11.  Paragraph (d) is added to subsection (11) of
334section 216.181, Florida Statutes, to read:
335     216.181  Approved budgets for operations and fixed capital
336outlay.--
337     (11)
338     (d)  For the fiscal year 2009-2010 only, changes in the
339amounts appropriated for fixed capital outlay projects may be
340approved by the Legislative Budget Commission pursuant to the
341request of a state agency filed with the Executive Office of the
342Governor if the project's funding is derived from the American
343Recovery and Reinvestment Act of 2009. This paragraph expires
344July 1, 2010.
345
346The provisions of this subsection are subject to the notice and
347objection procedures set forth in s. 216.177.
348     Section 12.  In order to implement section 23 of the 2009-
3492010 General Appropriations Act, subsection (4) is added to
350section 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
353the provisions of this section and ss. 339.09(1) and
354215.32(2)(b)4., funds may be transferred from the State
355Transportation Trust Fund to the General Revenue Fund as
356specified in the General Appropriations Act. Notwithstanding ss.
357206.46(3) and 206.606(2), the total amount transferred shall be
358reduced from total state revenues deposited into the State
359Transportation Trust Fund for the calculation requirements of
360ss. 206.46(3) and 206.606(2). This subsection expires July 1,
3612010.
362     Section 13.  In order to implement Specific Appropriations
363316 through 346 of the 2009-2010 General Appropriations Act,
364subsection (3) of section 394.908, Florida Statutes, is amended
365to read:
366     394.908  Substance abuse and mental health funding equity;
367distribution of appropriations.--In recognition of the
368historical inequity in the funding of substance abuse and mental
369health services for the department's districts and regions and
370to rectify this inequity and provide for equitable funding in
371the future throughout the state, the following funding process
372shall be used:
373     (3)(a)  Any additional funding beyond the 2005-2006 fiscal
374year base appropriation for alcohol, drug abuse, and mental
375health services shall be allocated to districts for substance
376abuse and mental health services based on:
377     1.  Epidemiological estimates of disabilities that apply to
378the respective target populations.
379     2.  A pro rata share distribution that ensures districts
380below the statewide average funding level per person in each
381target population of "persons in need" receive funding necessary
382to achieve equity.
383     (b)  Notwithstanding paragraph (a) and for the 2008-2009
384fiscal year only, funds appropriated for forensic mental health
385treatment services shall be allocated to the areas of the state
386having the greatest demand for services and treatment capacity.
387This paragraph expires July 1, 2009.
388     (c)  Notwithstanding paragraph (a) and for the 2009-2010
3892008-2009 fiscal year only, additional funds appropriated for
390mental health services from funds available through the
391Community-Based Medicaid Administrative Claiming Program shall
392be allocated in proportion to contributed provider earnings
393after administrative costs incurred by the department are
394covered as provided in the 2008-2009 General Appropriations Act
395and in proportion to contributed provider earnings. Where these
396mental health funds are used in lieu of funds from the General
397Revenue Fund, the allocation of funds shall be unchanged from
398the allocation for those funds for the 2007-2008 fiscal year.
399This paragraph expires July 1, 2010 2009.
400     Section 14.  In order to implement Specific Appropriations
401279 of the 2009-2010 General Appropriations Act, the Department
402of Children and Family Services shall ensure that all public and
403private agencies and institutions participating in child welfare
404cases enter information specified by rule of the department into
405the Florida Safe Families Network in order to maintain the
406accuracy and usefulness of the system. The department shall
407coordinate with the Office of the State Courts Administrator for
408the purpose of providing any judge or magistrate assigned to a
409dependency court case with access to information in the Florida
410Safe Families Network relating to a child welfare case which is
411required to be filed with the court pursuant to chapter 39,
412Florida Statutes. The department shall report to the Governor,
413the President of the Senate, and the Speaker of the House of
414Representatives by September 1, 2009, with respect to progress
415on providing access to the Florida Safe Families Network as
416provided in this section. This section expires July 1, 2010.
417     Section 15.  In order to implement Specific Appropriations
418448, 450, 456, 458, and 459 of the 2009-2010 General
419Appropriations Act, paragraph (b) of subsection (14) of section
420287.057, Florida Statutes, is amended to read:
421     287.057  Procurement of commodities or contractual
422services.--
423     (14)
424     (b)  The Department of Health shall enter into an
425agreement, not to exceed 20 years, with a private contractor to
426finance, design, and construct a hospital, of no more than 50
427beds, for the treatment of patients with active tuberculosis and
428to operate all aspects of daily operations within the facility.
429The contractor may sponsor the issuance of tax-exempt
430certificates of participation or other securities to finance the
431project, and the state may enter into a lease-purchase agreement
432for the facility. The department shall begin the implementation
433of this initiative by July 1, 2008. This paragraph expires July
4341, 2010 2009.
435     Section 16.  Paragraph (d) is added to subsection (3) of
436section 400.23, Florida Statutes, to read:
437     400.23  Rules; evaluation and deficiencies; licensure
438status.--
439     (3)
440     (d)  Notwithstanding any other provision of this subsection
441and for the 2009-2010 fiscal year only, the agency may not
442impose sanctions against a nursing home for failure to meet the
443staffing ratios in paragraph (a), as long as the certified
444nursing assistant ratio is not below 2.6 hours per resident per
445day and the licensed nurse ratio is not below 1 hour per
446resident per day. This paragraph expires July 1, 2010.
447     Section 17.  Paragraph (d) of subsection (15) of section
448400.141, Florida Statutes, is amended to read:
449     400.141  Administration and management of nursing home
450facilities.--Every licensed facility shall comply with all
451applicable standards and rules of the agency and shall:
452     (15)  Submit semiannually to the agency, or more frequently
453if requested by the agency, information regarding facility
454staff-to-resident ratios, staff turnover, and staff stability,
455including information regarding certified nursing assistants,
456licensed nurses, the director of nursing, and the facility
457administrator. For purposes of this reporting:
458     (d)1.  A nursing facility that has failed to comply with
459state minimum-staffing requirements for 2 consecutive days is
460prohibited from accepting new admissions until the facility has
461achieved the minimum-staffing requirements for a period of 6
462consecutive days. For the purposes of this paragraph, any person
463who was a resident of the facility and was absent from the
464facility for the purpose of receiving medical care at a separate
465location or was on a leave of absence is not considered a new
466admission. Failure to impose such an admissions moratorium
467constitutes a class II deficiency.
468     2.  Notwithstanding the provisions of subparagraph 1. and
469for the 2009-2010 fiscal year only, the agency may not impose
470sanctions against a nursing home for failure to impose a
471moratorium on new admissions under subparagraph 1., as long as
472the licensed nurse ratio is not below 1 hour per resident per
473day and the certified nursing assistant ratio is not below 2.6
474hours per resident per day. This subparagraph expires July 1,
4752010.
476
477Nothing in this section shall limit the agency's ability to
478impose a deficiency or take other actions if a facility does not
479have enough staff to meet the residents' needs.
480
481Facilities that have been awarded a Gold Seal under the program
482established in s. 400.235 may develop a plan to provide
483certified nursing assistant training as prescribed by federal
484regulations and state rules and may apply to the agency for
485approval of their program.
486     Section 18.  In order to fulfill legislative intent
487regarding the use of funds contained in Specific Appropriations
488617, 631, 644, and 1112 of the 2009-2010 General Appropriations
489Act, the Department of Corrections and the Department of
490Juvenile Justice may expend appropriated funds to assist in
491defraying the costs of impacts that are incurred by a
492municipality or county and associated with opening or operating
493a facility under the authority of the respective department that
494is located within that municipality or county. The amount that
495is to be paid under this section for any facility may not exceed
4961 percent of the facility construction cost, less building
497impact fees imposed by the municipality or by the county if the
498facility is located in the unincorporated portion of the county.
499This section expires July 1, 2010.
500     Section 19.  In order to implement Specific Appropriations
501607 through 706 and 738 through 773 of the 2009-2010 General
502Appropriations Act, subsection (4) of section 216.262, Florida
503Statutes, is amended to read:
504     216.262  Authorized positions.--
505     (4)  Notwithstanding the provisions of this chapter on
506increasing the number of authorized positions, and for the 2009-
5072010 2008-2009 fiscal year only, if the actual inmate population
508of the Department of Corrections exceeds the inmate population
509projections of the February 16, 2009 February 15, 2008, Criminal
510Justice Estimating Conference by 1 percent for 2 consecutive
511months or 2 percent for any month, the Executive Office of the
512Governor, with the approval of the Legislative Budget
513Commission, shall immediately notify the Criminal Justice
514Estimating Conference, which shall convene as soon as possible
515to revise the estimates. The Department of Corrections may then
516submit a budget amendment requesting the establishment of
517positions in excess of the number authorized by the Legislature
518and additional appropriations from unallocated general revenue
519sufficient to provide for essential staff, fixed capital
520improvements, and other resources to provide classification,
521security, food services, health services, and other variable
522expenses within the institutions to accommodate the estimated
523increase in the inmate population. All actions taken pursuant to
524the authority granted in this subsection shall be subject to
525review and approval by the Legislative Budget Commission. This
526subsection expires July 1, 2010 2009.
527     Section 20.  In order to implement Specific Appropriations
5281231, 1251, 1272, and 1282 of the 2009-2010 General
529Appropriations Act, the Department of Legal Affairs is
530authorized to transfer cash remaining after required
531disbursements from Attorney General case number 16-2008-CA-01
5323142CV-C from FLAIR account 41-74-2-601001-41100100-00-181076-00
533to the Operating Trust Fund within the Department of Legal
534Affairs to pay salaries and benefits. This section expires July
5351, 2010.
536     Section 21.  In order to implement Specific Appropriation
5371205 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
5412009.
542     Section 22.  In order to implement Specific Appropriations
543for salaries and benefits in the 2009-2010 General
544Appropriations Act, paragraph (b) of subsection (3) of section
545112.24, Florida Statutes, is amended to read:
546     112.24  Intergovernmental interchange of public
547employees.--To encourage economical and effective utilization of
548public employees in this state, the temporary assignment of
549employees among agencies of government, both state and local,
550and including school districts and public institutions of higher
551education is authorized under terms and conditions set forth in
552this section. State agencies, municipalities, and political
553subdivisions are authorized to enter into employee interchange
554agreements with other state agencies, the Federal Government,
555another state, a municipality, or a political subdivision
556including a school district, or with a public institution of
557higher education. State agencies are also authorized to enter
558into employee interchange agreements with private institutions
559of higher education and other nonprofit organizations under the
560terms and conditions provided in this section. In addition, the
561Governor or the Governor and Cabinet may enter into employee
562interchange agreements with a state agency, the Federal
563Government, another state, a municipality, or a political
564subdivision including a school district, or with a public
565institution of higher learning to fill, subject to the
566requirements of chapter 20, appointive offices which are within
567the executive branch of government and which are filled by
568appointment by the Governor or the Governor and Cabinet. Under
569no circumstances shall employee interchange agreements be
570utilized for the purpose of assigning individuals to participate
571in political campaigns. Duties and responsibilities of
572interchange employees shall be limited to the mission and goals
573of the agencies of government.
574     (3)  Salary, leave, travel and transportation, and
575reimbursements for an employee of a sending party that is
576participating in an interchange program shall be handled as
577follows:
578     (b)1.  The assignment of an employee of a state agency
579either on detail or on leave of absence may be made without
580reimbursement by the receiving party for the travel and
581transportation expenses to or from the place of the assignment
582or for the pay and benefits, or a part thereof, of the employee
583during the assignment.
584     2.  For the 2009-2010 2008-2009 fiscal year only, the
585assignment of an employee of a state agency as provided in
586subparagraph 1. may be made if recommended by the Governor or
587Chief Justice, as appropriate, and approved by the chairs of the
588Senate Policy and Steering Committee on Ways and Means and the
589House Full Appropriations Council on General Government and
590Health Care Senate Fiscal Policy and Calendar Committee and the
591House Policy and Budget Council. Such actions shall be deemed
592approved if neither chair provides written notice of objection
593within 14 days after the chair's receiving notice of the action
594pursuant to s. 216.177. This subparagraph expires July 1, 2010
5952009.
596     Section 23.  In order to implement the appropriation of
597funds in Special Categories-Risk Management Insurance of the
5982009-2010 General Appropriations Act, and pursuant to the
599notice, review, and objection procedures of s. 216.177, Florida
600Statutes, the Executive Office of the Governor is authorized to
601transfer funds appropriated in the appropriation category
602"Special Categories-Risk Management Insurance" of the 2009-2010
603General Appropriations Act between departments in order to align
604the budget authority granted with the premiums paid by each
605department for risk management insurance. This section expires
606July 1, 2010.
607     Section 24.  In order to implement the appropriation of
608funds in Special Categories-Transfer to Department of Management
609Services-Human Resources Services Purchased Per Statewide
610Contract of the 2009-2010 General Appropriations Act, and
611pursuant to the notice, review, and objection procedures of s.
612216.177, Florida Statutes, the Executive Office of the Governor
613is authorized to transfer funds appropriated in the
614appropriation category "Special Categories-Transfer to
615Department of Management Services-Human Resources Services
616Purchased Per Statewide Contract" of the 2009-2010 General
617Appropriations Act between departments in order to align the
618budget authority granted with the assessments that must be paid
619by each agency to the Department of Management Services for
620human resource management services. This section expires July 1,
6212010.
622     Section 25.  In order to implement specific appropriations
623for salaries and benefits in the 2009-2010 General
624Appropriations Act, paragraph (a) of subsection (12) of section
625110.123, Florida Statutes, is amended to read:
626     110.123  State group insurance program.--
627     (12)  HEALTH SAVINGS ACCOUNTS.--The department is
628authorized to establish health savings accounts for full-time
629and part-time state employees in association with a health
630insurance plan option authorized by the Legislature and
631conforming to the requirements and limitations of federal
632provisions relating to the Medicare Prescription Drug,
633Improvement, and Modernization Act of 2003.
634     (a)1.  A member participating in this health insurance plan
635option shall be eligible to receive an employer contribution
636into the employee's health savings account from the State
637Employees Health Insurance Trust Fund in an amount to be
638determined by the Legislature. A member is not eligible for an
639employer contribution upon termination of employment. For the
6402009-2010 2008-2009 fiscal year, the state's monthly
641contribution for employees having individual coverage shall be
642$41.66 and the monthly contribution for employees having family
643coverage shall be $83.33.
644     2.  A member participating in this health insurance plan
645option shall be eligible to deposit the member's own funds into
646a health savings account.
647     Section 26.  Effective June 30, 2009, in order to implement
648Specific Appropriations 2677 and 2678 of the 2009-2010 General
649Appropriations Act, paragraph (c)is added to subsection (1) of
650section 11.13, Florida Statutes, to read:
651     11.13  Compensation of members.--
652     (1)
653     (c)  Notwithstanding the provisions of paragraph (b) and
654for the 2009-2010 fiscal year only, the authorized salary of a
655member of the Legislature in effect on June 30, 2009, shall be
656reduced by 5 percent. In addition, the authorized salary of a
657member of the Legislature shall be reduced by 100 percent upon
658the voluntary election in writing by the member on or before
659June 30, 2009. This paragraph expires July 1, 2010.
660     Section 27.  In order to implement Specific Appropriation
6612741 of the 2009-2010 General Appropriations Act, paragraph (b)
662of subsection (1) of section 255.518, Florida Statutes, as
663amended by section 27 of chapter 2008-153, Laws of Florida, is
664amended to read:
665     255.518  Obligations; purpose, terms, approval,
666limitations.--
667     (1)
668     (b)  Payment of debt service charges and any reserves on
669obligations during the construction of any facility financed by
670such obligations shall be made from funds other than proceeds of
671obligations.
672     Section 28.  The amendment to s. 255.518(1)(b), Florida
673Statutes, by this act shall expire July 1, 2010, and the text of
674that paragraph shall revert to that in existence on June 30,
6752009, except that any amendments to such text enacted other than
676by this act shall be preserved and continue to operate to the
677extent that such amendments are not dependent upon the portions
678of such text which expire pursuant to this section.
679     Section 29.  In order to implement Specific Appropriation
6801294 through 1454 of the 2009-2010 General Appropriations Act,
681section 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
684authorized and received from whatever source in the enforcement
685of the inspection laws administered by the department shall be
686paid into the General Inspection Trust Fund of Florida, which is
687created in the office of the Chief Financial Officer. All
688expenses incurred in carrying out the provisions of the
689inspection laws shall be paid from this fund as other funds are
690paid from the State Treasury. A percentage of all revenue
691deposited in this fund, including transfers from any subsidiary
692accounts, shall be deposited in the General Revenue Fund
693pursuant to chapter 215, except that funds collected for
694marketing orders shall pay at the rate of 3 percent.
695     (2)  For the 2009-2010 2008-2009 fiscal year only and
696notwithstanding any other provision of law to the contrary, in
697addition to the spending authorized in subsection (1), moneys in
698the General Inspection Trust Fund may be appropriated for
699programs operated by the department which are related to the
700programs authorized by this chapter. This subsection expires
701July 1, 2010 2009.
702     Section 30.  A section of this act that implements a
703specific appropriation or specifically identified proviso
704language in the 2009-2010 General Appropriations Act is void if
705the specific appropriation or specifically identified proviso
706language is vetoed. A section of this act that implements more
707than one specific appropriation or more than one portion of
708specifically identified proviso language in the 2009-2010
709General Appropriations Act is void if all the specific
710appropriations or portions of specifically identified proviso
711language are vetoed.
712     Section 31.  If any other act passed in 2009 contains a
713provision that is substantively the same as a provision in this
714act, but that removes or is otherwise not subject to the future
715repeal applied to such provision by this act, the Legislature
716intends that the provision in the other act shall take
717precedence and shall continue to operate, notwithstanding the
718future repeal provided by this act.
719     Section 32.  If any provision of this act or its
720application to any person or circumstance is held invalid, the
721invalidity does not affect other provisions or applications of
722the act which can be given effect without the invalid provision
723or application, and to this end the provisions of this act are
724severable.
725     Section 33.  Except as otherwise expressly provided in this
726act and except for this section, which shall take effect upon
727this act becoming a law, this act shall take effect July 1,
7282009; or, if this act fails to become a law until after that
729date, it shall take effect upon becoming a law and shall operate
730retroactively to July 1, 2009.
731
732
733
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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
737An act relating to implementing the 2009-2010 General
738Appropriations Act; providing legislative intent; amending
739ss. 1009.534, 1009.535, and 1009.536, F.S.; providing that
740Florida Academic Scholars, Florida Medallion Scholars, and
741Florida Gold Seal Vocational Scholars are eligible for
742awards equal to the amount specified in the 2009-2010
743General Appropriations Act; amending s. 215.559, F.S.;
744providing for allocation of funds appropriated to the
745Hurricane Loss Mitigation Program for specified purposes;
746amending s. 332.007, F.S.; authorizing the Department of
747Transportation to fund operational and maintenance
748assistance security projects at publicly owned public-use
749airports; providing for the future expiration of such
750authority and the reversion of statutory text; amending s.
751339.135, F.S.; providing for use of transportation
752revenues; providing for revised funding levels for
753Department of Transportation projects; requiring the
754Department of Transportation to transfer funds to the
755Office of Tourism, Trade, and Economic Development for the
756purpose of funding transportation-related needs of
757economic development; removing an obsolete provision;
758amending s. 337.025, F.S.; authorizing the Department of
759Transportation to utilize innovative contracting methods
760for projects funded under the American Recovery
761Reinvestment Act of 2009; reenacting s. 215.32(2)(b),
762F.S., relating to the source and use of certain trust
763funds in order to implement the transfer of moneys to the
764General Revenue Fund from trust funds in the 2009-2010
765General Appropriations Act; amending s. 216.181, F.S.;
766permitting the Legislative Budget Commission to approve
767changes appropriated for fixed capital outlay projects
768when a state agency request is filed with the Executive
769Office of the Governor and funding is derived from the
770American Recovery and Reinvestment Act of 2009; amending
771s. 339.08, F.S.; authorizing the transfer of specified
772moneys from the State Transportation Trust Fund to the
773General Revenue Fund; reducing the amount transferred from
774certain transportation calculation requirements; amending
775s. 394.908, F.S.; requiring that funds appropriated
776through the Community-Based Medicaid Administrative
777Claiming Program be allocated proportionately to
778contributed provider earnings; providing allocation
779requirements for specified funds appropriated for mental
780health services; requiring the Department of Children and
781Family Services to ensure information is entered into the
782Florida Safe Families Network; requiring coordination
783between the department and the Office of the State Courts
784Administrator to provide information relating to child
785welfare cases; requiring a report to the Governor and
786Legislature; amending s. 287.057, F.S.; extending
787authorization of the Department of Health to enter into an
788agreement with a private contractor relating to a facility
789for the treatment of patients with tuberculosis; amending
790s. 400.23, F.S.; prohibiting sanctions against a nursing
791home relating to failure to meet certain staffing ratios;
792amending s. 400.141, F.S.; prohibiting sanctions against a
793nursing home relating to failure to impose a moratorium on
794new admissions as long as the licensed nurse ratio is not
795below a specified level; authorizing the Department of
796Corrections and the Department of Juvenile Justice to make
797certain expenditures to defray costs incurred by a
798municipality or county as a result of opening or operating
799a facility under authority of the respective department;
800amending s. 216.262, F.S.; providing for additional
801positions to operate additional prison bed capacity under
802certain circumstances; authorizing the Department of Legal
803Affairs to transfer certain funds to pay salaries and
804benefits; amending s. 790.065, F.S.; extending date of
805sunset of firearms purchase program; amending s. 112.24,
806F.S.; providing conditions on the assignment of an
807employee of a state agency without reimbursement from the
808receiving agency; authorizing the Executive Office of the
809Governor to transfer funds between departments for
810purposes of aligning amounts paid for risk management
811premiums and for purposes of aligning amounts paid for
812human resource management services; amending s. 110.123,
813F.S.; providing for the state's monthly contribution for
814employees under the state group insurance program;
815amending s. 11.13, F.S.; providing for reduction in
816legislator salaries; amending s. 255.518, F.S.; revising
817provisions relating to payment of obligations during the
818construction of any facility financed by such obligations;
819amending s. 570.20, F.S.; delaying the expiration of
820provisions authorizing moneys in the General Inspection
821Trust Fund to be appropriated for certain programs
822operated by the Department of Agriculture and Consumer
823Services; providing for future expiration of various
824provisions; providing for the effect of a veto of one or
825more specific appropriations or proviso to which
826implementing language refers; providing for the continued
827operation of certain provisions notwithstanding a future
828repeal or expiration provided by this act; providing for
829severability; providing effective dates.


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