| 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. |