Florida Senate - 2009 CONFERENCE COMMITTEE AMENDMENT
Bill No. SB 2602
Barcode 399700
LEGISLATIVE ACTION
Senate . House
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Floor: AD/CR .
05/08/2009 11:52 AM .
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The Conference Committee on SB 2602 recommended the following:
1 Senate Conference Committee Amendment (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
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 fulfill legislative intent regarding
10 the use of funds contained in Specific Appropriations 617, 631,
11 644, and 1112 of the 2009-2010 General Appropriations Act, the
12 Department of Corrections and the Department of Juvenile Justice
13 may expend appropriated funds to assist in defraying the costs
14 of impacts that are incurred by a municipality or county and
15 that are associated with opening or operating a facility under
16 the authority of the department. The amount paid for any
17 facility may not exceed 1 percent of the cost to construct the
18 facility, less building impact fees imposed by the municipality
19 or county. This section expires July 1, 2010.
20 Section 3. In order to implement Specific Appropriations
21 607 through 705 and 738 through 773 of the 2009-2010 General
22 Appropriations Act, subsection (4) of section 216.262, Florida
23 Statutes, is amended to read:
24 216.262 Authorized positions.—
25 (4) Notwithstanding the provisions of this chapter on
26 increasing the number of authorized positions, and for the 2009
27 2010 2008-2009 fiscal year only, if the actual inmate population
28 of the Department of Corrections exceeds the inmate population
29 projections of the April 30, 2009 February 15, 2008, Criminal
30 Justice Estimating Conference by 1 percent for 2 consecutive
31 months or 2 percent for any month, the Executive Office of the
32 Governor, with the approval of the Legislative Budget
33 Commission, shall immediately notify the Criminal Justice
34 Estimating Conference, which shall convene as soon as possible
35 to revise the estimates. The Department of Corrections may then
36 submit a budget amendment requesting the establishment of
37 positions in excess of the number authorized by the Legislature
38 and additional appropriations from unallocated general revenue
39 sufficient to provide for essential staff, fixed capital
40 improvements, and other resources to provide classification,
41 security, food services, health services, and other variable
42 expenses within the institutions to accommodate the estimated
43 increase in the inmate population. All actions taken pursuant to
44 the authority granted in this subsection shall be subject to
45 review and approval by the Legislative Budget Commission. This
46 subsection expires July 1, 2010 July 1, 2009.
47 Section 4. In order to implement Specific Appropriations
48 1266 and 1267 of the 2009-2010 General Appropriations Act, the
49 Department of Legal Affairs is authorized to expend appropriated
50 funds in those specific appropriations on the same programs that
51 were funded by the department pursuant to specific
52 appropriations made in general appropriations acts in prior
53 years. This section expires July 1, 2010.
54 Section 5. In order to implement Specific Appropriations
55 1231, 1244, 1251, 1272, and 1282 of the 2009-2010 General
56 Appropriations Act, the Department of Legal Affairs is
57 authorized to transfer cash remaining after required
58 disbursements for Attorney General case numbers 16-2008-CA-01
59 3142CV-C and CACE08022328 from FLAIR account 41-74-2-601001
60 41100100-00-181076-00 to the Operating Trust Fund to pay
61 salaries and benefits. This section expires July 1, 2010.
62 Section 6. In order to implement section 7 of the 2009-2010
63 General Appropriations Act, the Chief Justice of the Supreme
64 Court may request a loan of funds pursuant to s. 215.18, Florida
65 Statutes, notwithstanding the trust fund’s ability to repay the
66 loan by the end of the fiscal year, if, at any time during the
67 2009-2010 fiscal year, the Revenue Estimating Conference
68 projects that revenue deposited into the State Courts Revenue
69 Trust Fund will be less than 98 percent of the amount
70 appropriated from the trust fund in the General Appropriations
71 Act for the 2009-2010 fiscal year.
72 Section 7. In order to implement Specific Appropriations
73 1169 and 1175 of the 2009-2010 General Appropriations Act,
74 paragraph (d) of subsection (4) of section 932.7055, Florida
75 Statutes, is amended to read:
76 932.7055 Disposition of liens and forfeited property.—
77 (4) The proceeds from the sale of forfeited property shall
78 be disbursed in the following priority:
79 (d) Notwithstanding any other provision of this subsection,
80 and for the 2009-2010 2008-2009 fiscal year only, the funds in a
81 special law enforcement trust fund established by the governing
82 body of a municipality may be expended to reimburse the general
83 fund of the municipality for moneys advanced from the general
84 fund to the special law enforcement trust fund prior to October
85 1, 2001. This paragraph expires July 1, 2010 2009.
86 Section 8. In order to implement section 59 of the 2009
87 2010 General Appropriations Act, paragraph (a) of subsection (4)
88 of section 339.135, Florida Statutes, is amended to read:
89 339.135 Work program; legislative budget request;
90 definitions; preparation, adoption, execution, and amendment.—
91 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
92 (a)1. To assure that no district or county is penalized for
93 local efforts to improve the State Highway System, the
94 department shall, for the purpose of developing a tentative work
95 program, allocate funds for new construction to the districts,
96 except for the turnpike enterprise, based on equal parts of
97 population and motor fuel tax collections. Funds for
98 resurfacing, bridge repair and rehabilitation, bridge fender
99 system construction or repair, public transit projects except
100 public transit block grants as provided in s. 341.052, and other
101 programs with quantitative needs assessments shall be allocated
102 based on the results of these assessments. The department may
103 not transfer any funds allocated to a district under this
104 paragraph to any other district except as provided in subsection
105 (7). Funds for public transit block grants shall be allocated to
106 the districts pursuant to s. 341.052. Funds for the intercity
107 bus program provided for under s. 5311(f) of the federal
108 nonurbanized area formula program shall be administered and
109 allocated directly to eligible bus carriers as defined in s.
110 341.031(12) at the state level rather than the district. In
111 order to provide state funding to support the intercity bus
112 program provided for under provisions of the federal 5311(f)
113 program, the department shall allocate an amount equal to the
114 federal share of the 5311(f) program from amounts calculated
115 pursuant to s. 206.46(3).
116 2. Notwithstanding the provisions of subparagraph 1., the
117 department shall allocate at least 50 percent of any new
118 discretionary highway capacity funds to the Florida Strategic
119 Intermodal System created pursuant to s. 339.61. Any remaining
120 new discretionary highway capacity funds shall be allocated to
121 the districts for new construction as provided in subparagraph
122 1. For the purposes of this subparagraph, the term “new
123 discretionary highway capacity funds” means any funds available
124 to the department above the prior year funding level for
125 capacity improvements, which the department has the discretion
126 to allocate to highway projects.
127 3. Notwithstanding subparagraph 1. and ss. 206.46(3),
128 334.044(26), and 339.2819(3), and for the 2009-2010 fiscal year
129 only, the department shall reduce work program levels to balance
130 the finance plan to the revised funding levels resulting from
131 any reduction in the 2009-2010 General Appropriations Act. This
132 subparagraph expires July 1, 2010.
133 4. For the 2009-2010 fiscal year only, prior to any project
134 or phase thereof being deferred, the department’s cash balances
135 shall be as provided in s. 339.135(6)(b), and the reductions in
136 subparagraph 3. shall be made to financial projects not
137 programmed for contract letting as identified with a work
138 program contract class code 8 and the box code RV. These
139 reductions shall not negatively impact safety or maintenance or
140 project contingency percentage levels as of April 21, 2009. This
141 subparagraph expires July 1, 2010.
142 Section 9. In order to implement Specific Appropriation
143 2042 of the 2009-2010 General Appropriations Act, subsection (5)
144 of section 339.135, Florida Statutes, is amended to read:
145 339.135 Work program; legislative budget request;
146 definitions; preparation, adoption, execution, and amendment.—
147 (5)(a) ADOPTION OF THE WORK PROGRAM.—
148 (a) The original approved budget for operational and fixed
149 capital expenditures for the department shall be the Governor’s
150 budget recommendation and the first year of the tentative work
151 program, as both are amended by the General Appropriations Act
152 and any other act containing appropriations. In accordance with
153 the appropriations act, the department shall, prior to the
154 beginning of the fiscal year, adopt a final work program which
155 shall only include the original approved budget for the
156 department for the ensuing fiscal year together with any roll
157 forwards approved pursuant to paragraph (6)(c) and the portion
158 of the tentative work program for the following 4 fiscal years
159 revised in accordance with the original approved budget for the
160 department for the ensuing fiscal year together with said roll
161 forwards. The adopted work program may include only those
162 projects submitted as part of the tentative work program
163 developed under the provisions of subsection (4) plus any
164 projects which are separately identified by specific
165 appropriation in the General Appropriations Act and any roll
166 forwards approved pursuant to paragraph (6)(c). However, any
167 transportation project of the department which is identified by
168 specific appropriation in the General Appropriations Act shall
169 be deducted from the funds annually distributed to the
170 respective district pursuant to paragraph (4)(a). In addition,
171 the department shall not in any year include any project or
172 allocate funds to a program in the adopted work program that is
173 contrary to existing law for that particular year. Projects
174 shall not be undertaken unless they are listed in the adopted
175 work program.
176 (b) Notwithstanding paragraph (a), and for the 2009-2010
177 2008-2009 fiscal year only, the Department of Transportation
178 shall transfer funds to the Office of Tourism, Trade, and
179 Economic Development in an amount equal to $20,300,000
180 $36,750,000 for the purpose of funding transportation-related
181 needs of economic development projects, space and aerospace
182 infrastructure, and other economic development projects. This
183 transfer shall not reduce, delete, or defer any existing
184 projects funded, as of July 1, 2009 2008, in the Department of
185 Transportation’s 5-year work program. This paragraph expires
186 July 1, 2010 2009.
187 (c) Notwithstanding paragraph (a) or subparagraph (4)(a)1.,
188 and for the 2008-2009 fiscal year only, the Department of
189 Transportation shall fund projects in Specific Appropriations
190 2063, 2071, 2077, 2079, 2102, 2106, 2109, and 2116 of the 2008
191 2009 General Appropriations Act. Funding for these specific
192 appropriations shall be from projects or phases thereof within
193 the department’s fiscal year 2008-2009 work program not
194 programmed for contract letting as identified with a work
195 program contract class code 8 and the box code RV. This funding
196 shall not negatively impact safety, preservation, maintenance,
197 or project contingency levels as of July 1, 2008. This paragraph
198 expires July 1, 2009.
199 Section 10. In order to implement sections 2 through 7 of
200 the 2009-2010 General Appropriations Act, subsection (5) of
201 section 216.292, Florida Statutes, is amended to read:
202 216.292 Appropriations nontransferable; exceptions.—
203 (5)(a) A transfer of funds may not result in the initiation
204 of a fixed capital outlay project that has not received a
205 specific legislative appropriation.
206 (b) Notwithstanding paragraph (a), and for the 2009-2010
207 fiscal year only, the Governor may recommend the initiation of
208 fixed capital outlay projects funded by grants awarded by the
209 Federal Government through the American Recovery and
210 Reinvestment Act of 2009. All actions taken pursuant to the
211 authority granted in the paragraph are subject to review and
212 approval by the Legislative Budget Commission. This paragraph
213 expires July 1, 2010.
214 (b) Notwithstanding paragraph (a), and for the 2007-2008
215 fiscal year only, the Governor may recommend the initiation of
216 fixed capital outlay projects funded by grants awarded by the
217 Federal Emergency Management Agency for FEMA Disaster
218 Declarations 1539-DR-FL, 1545-DR-FL, 1551-DR-FL, 1561-DR-FL,
219 1595-DR-FL, 1602-DR-FL, 1609-DR-FL, and EM3259-FL. All actions
220 taken pursuant to the authority granted in this paragraph are
221 subject to review and approval by the Legislative Budget
222 Commission. This paragraph expires July 1, 2008.
223 Section 11. In order to implement sections 2 through 7 of
224 the 2009-2010 General Appropriations Act, the Executive Office
225 of the Governor is authorized to transfer funds appropriated for
226 the American Recovery and Reinvestment Act of 2009 (ARRA) in
227 traditional appropriation categories in the 2009-2010 General
228 Appropriations Act to appropriation categories established for
229 the specific purpose of tracking funds appropriated for the
230 ARRA.
231 Section 12. In order to implement Specific Appropriations
232 316 through 347 of the 2009-2010 General Appropriations Act,
233 paragraphs (b) and (c) of subsection (3) of section 394.908,
234 Florida Statutes, are amended to read:
235 394.908 Substance abuse and mental health funding equity;
236 distribution of appropriations.—In recognition of the historical
237 inequity in the funding of substance abuse and mental health
238 services for the department’s districts and regions and to
239 rectify this inequity and provide for equitable funding in the
240 future throughout the state, the following funding process shall
241 be used:
242 (3)
243 (b) Notwithstanding paragraph (a) and for the 2009-2010
244 2008-2009 fiscal year only, funds appropriated for forensic
245 mental health treatment services shall be allocated to the areas
246 of the state having the greatest demand for services and
247 treatment capacity. This paragraph expires July 1, 2010 2009.
248 (c) Notwithstanding paragraph (a) and for the 2009-2010
249 2008-2009 fiscal year only, additional funds appropriated for
250 substance abuse and mental health services from funds available
251 through the Community-Based Medicaid Administrative Claiming
252 Program shall be allocated as provided in the 2009-2010 2008
253 2009 General Appropriations Act and in proportion to contributed
254 provider earnings. Where these mental health funds are used in
255 lieu of funds from the General Revenue Fund, the allocation of
256 funds shall be unchanged from the allocation for those funds for
257 the 2007-2008 fiscal year. This paragraph expires July 1, 2010
258 2009.
259 Section 13. In order to implement Specific Appropriation
260 219 of the 2009-2010 General Appropriations Act, paragraph (e)
261 is added to subsection (2) of section 400.179, Florida Statutes,
262 to read:
263 400.179 Liability for Medicaid underpayments and
264 overpayments.—
265 (2) Because any transfer of a nursing facility may expose
266 the fact that Medicaid may have underpaid or overpaid the
267 transferor, and because in most instances, any such underpayment
268 or overpayment can only be determined following a formal field
269 audit, the liabilities for any such underpayments or
270 overpayments shall be as follows:
271 (e) For the 2009-2010 fiscal year only, the provisions of
272 paragraph (d) shall not apply. This paragraph expires July 1,
273 2010.
274 Section 14. In order to implement Specific Appropriations
275 448, 450, 456, 458, and 459 of the 2009-2010 General
276 Appropriations Act:
277 (1) The Department of Health shall issue a request for
278 proposals, as defined in s. 287.012, Florida Statutes, and shall
279 enter into a contract no later than March 1, 2010, for a
280 replacement facility for the A.G. Holley State Hospital and for
281 the provision of inpatient hospital services and other
282 operations currently provided by the A.G. Holley State Hospital.
283 (2) The request for proposals shall specify that responses
284 may include proposals to design and construct a new hospital, to
285 move the location of the hospital, or to co-locate the hospital
286 with existing state, public, or private facilities. The request
287 for proposals shall specify that any proposals to construct a
288 new hospital on the existing A.G. Holley State Hospital campus
289 shall be limited to using no more than 15 acres of the existing
290 campus. Proposals may not address future uses for the existing
291 campus, other than the portion of the campus which may be used
292 for a replacement facility.
293 (3) The request for proposals shall specify that qualified
294 respondents shall have experience in the administration of
295 inpatient services and shall document a plan for securing staff
296 having expertise in the treatment of patients who have active
297 tuberculosis. Hospital operations may not include public health
298 functions related to tuberculosis control and prevention. Such
299 functions shall remain the responsibility of the Department of
300 Health. The provision of hospital services shall commence upon
301 the availability of the replacement facility. The request for
302 proposals shall require that the number of beds for the
303 replacement facility be limited to the highest average census
304 for the last 5 fiscal years. A qualified respondent shall submit
305 an application for accreditation to the Joint Commission on
306 Accreditation of Healthcare Organizations within 6 months after
307 commencing the operation of its facility and must receive
308 accreditation within 18 months after commencing the operation of
309 its facility.
310 (4) The request for proposals shall specify that the
311 treatment and all other hospital operations may not exceed $9
312 million annually. Qualifying proposals must identify one or more
313 methods for financing the costs of relocation or new
314 construction, which may include, but are not limited to,
315 sponsoring the issuance of tax-exempt certificates of
316 participation or other securities, or a lease-purchase agreement
317 with the state.
318 (5) This section expires July 1, 2010.
319 Section 15. In order to support Specific Appropriation 190
320 of the 2009-2010 General Appropriations Act, the second
321 paragraph of Specific Appropriation 208 of section 3 of chapter
322 2008-152, Laws of Florida, is amended to read:
323 SECTION 3 — HUMAN SERVICES
324 From the funds in Specific Appropriation 208, $262,640,763
325 $389,222,032 from the Grants and Donations Trust Fund and
326 $486,477,214 $483,473,107 from the Medical Care Trust Fund are
327 provided for Medicaid low-income pool payments to hospitals
328 provider access systems. The funding shall be distributed in a
329 three-step two-step allocation process. The first phase of the
330 allocation process will distribute payments to qualified
331 hospitals based on the amount of local government funding
332 provided for the uninsured and underinsured. Payments to
333 qualified hospitals will be capped at 117.4 percent of the
334 amount of local government funding it would have received for
335 the uninsured and underinsured without the Low Income Pool
336 program. The second phase of the allocation process is to
337 distribute $32,634,201 to qualifying hospitals that received a
338 payment in the first phase of the allocation. These funds shall
339 be distributed to the qualifying hospitals proportionally based
340 on the amount that each hospital earned in the first phase of
341 the allocation which was in excess of the local government
342 funding. The third phase of the allocation process shall
343 distribute $122,814,911 the remaining funds based on a
344 hospital’s Medicaid days, charity care days, and 50 percent of
345 bad debt days to the total Medicaid days, charity care days, and
346 50 percent of bad debt days of all qualifying hospitals. To
347 receive funds in this distribution, the hospital’s Medicaid
348 days, charity care days and 50 percent of bad debt days divided
349 by the hospital’s total days must equal or exceed 10 percent. Of
350 the funds allocated in the third second phase $2,419,573 shall
351 be allocated to the rural hospitals and the remaining funds
352 allocated to the remaining hospitals that qualify for a
353 distribution. All hospitals with accepted 2006 FHURS data are
354 eligible for the third second phase of the allocation process.
355 Section 16. Effective June 29, 2009, in order to implement
356 Specific Appropriation 269 through 365 of the 2009-2010 General
357 Appropriations Act, subsection (3) of section 1 of chapter 2007
358 174, Laws of Florida, is amended to read:
359 Section l. Flexibility for the Department of Children and
360 Family Services.—
361 (3) This section expires July 1, 2010 June 30, 2008.
362 Section 17. In order to implement Specific Appropriations
363 278A and 288A of the 2009-2010 General Appropriations Act, the
364 Department of Children and Family Services must ensure that all
365 public and private agencies and institutions participating in
366 child welfare cases enter information, specified by department
367 rule, into the Florida Safe Families Network in order to
368 maintain the accuracy and usefulness of the system. The network
369 is intended to be the department’s automated child welfare case
370 management system designed to provide child welfare workers with
371 a mechanism for managing child welfare cases more efficiently
372 and tracking children and families more effectively. The
373 department shall coordinate with the Office of the State Courts
374 Administrator to provide any judge or magistrate with access to
375 information in the network relating to a child welfare case
376 which is required to be filed with the court pursuant to chapter
377 39, Florida Statutes, by the date of the network’s release
378 during the 2009-2010 fiscal year. The department shall report to
379 the Governor, the President of the Senate, and the Speaker of
380 the House of Representatives by February 1, 2010, with respect
381 to progress on providing access to the Florida Safe Families
382 Network as provided in this section. This section expires July
383 1, 2010.
384 Section 18. In order to implement Specific Appropriation
385 315 of the 2009-2010 General Appropriations Act:
386 (1) Any contract between the Department of Children and
387 Family Services and a community-based agency which is authorized
388 in s. 409.1671, Florida Statutes, must be funded by a grant of
389 general revenue, other state trust funds, and applicable federal
390 funding sources. Community-based agencies must document federal
391 funds earned. Any federal funds earned which are not documented
392 must be returned to the department. Notwithstanding s.
393 409.1671(8), Florida Statutes, the amount of the annual contract
394 for a community-based agency may be increased by excess federal
395 funds earned in accordance with s. 216.181(11), Florida
396 Statutes. Notwithstanding any other provision of law to the
397 contrary, a community-based agency may make expenditures for
398 staff cellular telephone allowances, contracts requiring
399 deferred payments and maintenance agreements, security deposits
400 for office leases, related professional membership dues, and
401 costs of promotional materials not used for fundraising. The
402 method of payment for a fixed-price contract with a community
403 based agency shall include provisions for a 2-month advance
404 payment at the beginning of each fiscal year and equal monthly
405 payments thereafter.
406 (2) This section expires July 1, 2010.
407 Section 19. In order to implement Specific Appropriation
408 202 of the 2009-2010 General Appropriations Act and for the
409 2009-2010 fiscal year only:
410 (1) In conducting the hospitalist program as required in s.
411 409.905(5)(d), Florida Statutes, the Agency for Health Care
412 Administration shall exclude the University of Miami at Cedars
413 Hospital in Miami-Dade County from participation in the program.
414 The agency is authorized to modify appropriate contractual
415 arrangements or federal waivers, as necessary, to effect this
416 exclusion.
417 (2) The Agency for Health Care Administration is authorized
418 to continue the physician lock-in program for recipients who
419 participate in the pharmacy lock-in program.
420 (3) This section expires July 1, 2010.
421 Section 20. Notwithstanding the proviso contained in
422 Specific Appropriation 438 of the 2009-2010 General
423 Appropriations Act, no more than a maximum of .25 percent of the
424 funds in that Specific Appropriation shall be spent on contract
425 management per direct client service provider per year; a
426 maximum of 2.5 percent shall be spent on direct services per
427 direct client services provider per year; and a minimum of 85
428 percent of all moneys spent shall be spent on overall direct
429 client service providers.
430 Section 21. In order to implement the appropriation of
431 funds in Special Categories-Risk Management Insurance of the
432 2009-2010 General Appropriations Act, and pursuant to the
433 notice, review, and objection procedures of s. 216.177, Florida
434 Statutes, the Executive Office of the Governor is authorized to
435 transfer funds appropriated in the appropriation category
436 “Special Categories-Risk Management Insurance” of the 2009-2010
437 General Appropriations Act between departments in order to align
438 the budget authority granted with the premiums paid by each
439 department for risk management insurance. This section expires
440 July 1, 2010.
441 Section 22. In order to implement the appropriation of
442 funds in Special Categories-Transfer to Department of Management
443 Services-Human Resources Services Purchased Per Statewide
444 Contract of the 2009-2010 General Appropriations Act, and
445 pursuant to the notice, review, and objection procedures of s.
446 216.177, Florida Statutes, the Executive Office of the Governor
447 is authorized to transfer funds appropriated in the
448 appropriation category “Special Categories-Transfer to
449 Department of Management Services-Human Resources Services
450 Purchased Per Statewide Contract” of the 2009-2010 General
451 Appropriations Act between departments in order to align the
452 budget authority granted with the assessments that must be paid
453 by each agency to the Department of Management Services for
454 human resource management services. This section expires July 1,
455 2010.
456 Section 23. In order to implement the reduction in employee
457 compensation mandated in the 2009-2010 General Appropriations
458 Act, and pursuant to the notice, review, and objection
459 procedures of s. 216.177, Florida Statutes, the Executive Office
460 of the Governor may transfer funds appropriated in the
461 appropriation category “Salaries and Benefits” of the 2009-2010
462 General Appropriations Act between departments in order to align
463 the budget authority granted to each agency with the reductions
464 that must be made by each agency pursuant to the 2009-2010
465 General Appropriations Act. All actions taken pursuant to the
466 authority granted in this section are subject to the review and
467 approval of the Legislative Budget Commission. This section
468 expires July 1, 2010.
469 Section 24. In order to implement Specific Appropriation
470 2971, subsection (3) is added to section 218.12, Florida
471 Statutes, to read:
472 218.12 Appropriations to offset reductions in ad valorem
473 tax revenue in fiscally constrained counties.—
474 (3) In determining the reductions in ad valorem tax
475 revenues occurring as a result of the implementation of the
476 revisions to Art. VII of the State Constitution approved in the
477 special election held on January 29, 2008, the value of
478 assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the
479 State Constitution shall include only the reduction in taxable
480 value for homesteads established January 1, 2009.
481 Section 25. The amendment to s. 218.12, Florida Statutes,
482 shall expire July 1, 2010, and the text of that section shall
483 revert to that in existence on June 30, 2009, except that any
484 amendments to such text enacted other than by this act shall be
485 preserved and continue to operate to the extent that such
486 amendments are not dependent upon the portions of such text
487 which expire pursuant to this section.
488 Section 26. In order to implement Specific Appropriations
489 2299 through 2320 of the 2009-2010 General Appropriations Act,
490 present subsection (14) of section 253.034, Florida Statutes, is
491 redesignated as subsection (15), and a new subsection (14) is
492 added to that section, to read:
493 253.034 State-owned lands; uses.—
494 (14) Notwithstanding the provisions of this section, funds
495 derived from the sale of property by the Department of Citrus
496 located in Lakeland, Florida, are authorized to be deposited
497 into the Citrus Advertising Trust Fund. This subsection expires
498 July 1, 2010.
499 Section 27. In order to implement Specific Appropriation
500 2741 of the 2009-2010 General Appropriations Act, paragraph (b)
501 of subsection (1) of section 255.518, Florida Statutes, is
502 reenacted to read:
503 255.518 Obligations; purpose, terms, approval,
504 limitations.—
505 (1)
506 (b) Payment of debt service charges on obligations during
507 the construction of any facility financed by such obligations
508 shall be made from funds other than proceeds of obligations.
509 Section 28. The amendment to s. 255.518(1)(b), Florida
510 Statutes, as carried forward by this act from chapter 2008-153,
511 Laws of Florida, shall expire July 1, 2010, and the text of that
512 paragraph shall revert to that in existence on June 30, 2008,
513 except that any amendments to such text enacted other than by
514 this act shall be preserved and continue to operate to the
515 extent that such amendments are not dependent upon the portions
516 of such text which expire pursuant to this section.
517 Section 29. In order to implement Specific Appropriations
518 2725 through 2738 of the 2009-2010 General Appropriations Act,
519 paragraph (b) of subsection (7) of section 255.503, Florida
520 Statutes, is amended to read:
521 255.503 Powers of the Department of Management Services.
522 The Department of Management Services shall have all the
523 authority necessary to carry out and effectuate the purposes and
524 provisions of this act, including, but not limited to, the
525 authority to:
526 (7)
527 (b) No later than the date upon which the department
528 recommends to the Division of State Lands of the Department of
529 Environmental Protection the disposition of any facility within
530 the Florida Facilities Pool, the department shall provide to the
531 President of the Senate, the Speaker of the House of
532 Representatives, the Executive Office of the Governor, and the
533 Division of Bond Finance of the State Board of Administration an
534 analysis that includes:
535 1. The cost benefit of the proposed facility disposition,
536 including the facility’s current operating expenses, condition,
537 and market value, and viable alternatives for work space for
538 impacted state employees.
539 2. The effect of the proposed facility disposition on the
540 financial status of the Florida Facilities Pool, including the
541 effect on rental rates and coverage requirement for the bonds.
542
543 This paragraph expires July 1, 2010 2009.
544 Section 30. In order to implement Specific Appropriation
545 1619 of the 2009-2010 General Appropriations Act, subsection
546 (12) is added to section 373.59, Florida Statutes, to read:
547 373.59 Water Management Lands Trust Fund.—
548 (12) Notwithstanding the provisions of subsection (8) and
549 for the 2009-2010 fiscal year only, the moneys from the Water
550 Management Lands Trust Fund shall be allocated as follows:
551 (a) An amount necessary to pay debt service on bonds issued
552 before February 1, 2009, by the South Florida Water Management
553 District and the St. Johns River Water Management District,
554 which are secured by revenues provided pursuant to this section,
555 or to fund debt service reserve funds, rebate obligations, or
556 other amounts payable with respect to such bonds;
557 (b) Eight million dollars to be transferred to the General
558 Revenue Fund; and
559 (c) The remaining funds to be distributed equally between
560 the Suwannee River Water Management District and the Northwest
561 Florida Water Management District.
562
563 This subsection expires July 1, 2010.
564 Section 31. In order to implement Specific Appropriation
565 1733 of the 2009-2010 General Appropriations Act, paragraph (c)
566 of subsection (5) of section 376.3071, Florida Statutes, is
567 amended to read:
568 376.3071 Inland Protection Trust Fund; creation; purposes;
569 funding.—
570 (5) SITE SELECTION AND CLEANUP CRITERIA.—
571 (c) The department shall require source removal, if
572 warranted and cost-effective, at each site eligible for
573 restoration funding from the Inland Protection Trust Fund.
574 1. Funding for free product recovery may be provided in
575 advance of the order established by the priority ranking system
576 under paragraph (a) for site cleanup activities. However, a
577 separate prioritization for free product recovery shall be
578 established consistent with paragraph (a). No more than $5
579 million shall be encumbered from the Inland Protection Trust
580 Fund in any fiscal year for free product recovery conducted in
581 advance of the priority order under paragraph (a) established
582 for site cleanup activities.
583 2. Funding for limited interim soil-source removals for
584 sites that will become inaccessible for future remediation due
585 to road infrastructure and right-of-way restrictions resulting
586 from a pending Department of Transportation road construction
587 project or for secondary containment upgrading of underground
588 storage tanks required under chapter 62-761, Florida
589 Administrative Code, may be provided in advance of the order
590 established by the priority ranking system under paragraph (a)
591 for site cleanup activities. The department shall provide
592 written guidance on the limited source removal information and
593 technical evaluation necessary to justify a request for a
594 limited source removal in advance of the priority order pursuant
595 to paragraph (a) established for site cleanup activities.
596 Prioritization for limited source removal projects associated
597 with a secondary containment upgrade in any fiscal year shall be
598 determined on a first-come, first-served basis according to the
599 approval date issued under s. 376.30711 for the limited source
600 removal. Funding for limited source removals associated with
601 secondary containment upgrades shall be limited to 10 sites in
602 each fiscal year for each facility owner and any related person.
603 The limited source removal for secondary containment upgrades
604 shall be completed no later than 6 months after the department
605 issues its approval of the project, and the approval
606 automatically expires at the end of the 6 months. Funding for
607 Department of Transportation and secondary containment upgrade
608 source removals may not exceed $50,000 for a single facility
609 unless the department makes a determination that it is cost
610 effective and environmentally beneficial to exceed this amount,
611 but in no event shall the department authorize costs in excess
612 of $100,000 for a single facility. Department funding for
613 limited interim soil-source removals associated with Department
614 of Transportation projects and secondary containment upgrades
615 shall be limited to supplemental soil assessment, soil
616 screening, soil removal, backfill material, treatment or
617 disposal of the contaminated soil, dewatering related to the
618 contaminated soil removal in an amount of up to 10 percent of
619 the total interim soil-source removal project costs, treatment,
620 and disposal of the contaminated groundwater and preparation of
621 the source removal report. No other costs associated with the
622 facility upgrade may be paid with department funds. No more than
623 $1 million for Department of Transportation limited source
624 removal projects and $10 million for secondary containment
625 upgrade limited source removal projects conducted in advance of
626 the priority order established under paragraph (a) for site
627 cleanup activities shall be encumbered from the Inland
628 Protection Trust Fund in any fiscal year. This subparagraph is
629 repealed effective June 30, 2010 2009.
630 3. Once free product removal and other source removal
631 identified in this paragraph are completed at a site, and
632 notwithstanding the order established by the priority ranking
633 system under paragraph (a) for site cleanup activities, the
634 department may reevaluate the site to determine the degree of
635 active cleanup needed to continue site rehabilitation. Further,
636 the department shall determine if the reevaluated site qualifies
637 for natural attenuation monitoring or no further action. If
638 additional site rehabilitation is necessary to reach no further
639 action status, the site rehabilitation shall be conducted in the
640 order established by the priority ranking system under paragraph
641 (a) and the department is encouraged to utilize natural
642 attenuation and monitoring where site conditions warrant.
643 Section 32. In order to implement Specific Appropriations
644 1690, 1691, 1692, 1694, and 1695, paragraph (g) is added to
645 subsection (1) of section 403.1651, Florida Statutes, to read:
646 403.1651 Ecosystem Management and Restoration Trust Fund.—
647 (1) There is created the Ecosystem Management and
648 Restoration Trust Fund to be administered by the Department of
649 Environmental Protection for the purposes of:
650 (g) Funding activities to preserve and repair the state’s
651 beaches as provided in ss. 161.091-161.212.
652 Section 33. The amendment to s. 403.1651(1), Florida
653 Statutes, made by this act shall expire July 1, 2010, and the
654 text of that subsection shall revert to that in existence on
655 June 30, 2009, except that any amendments to such text enacted
656 other than by this act shall be preserved and continue to
657 operate to the extent that such amendments are not dependent
658 upon the portions of such text which expire pursuant to this
659 section.
660 Section 34. In order to implement Specific Appropriations
661 1294 through 1454 of the 2009-2010 General Appropriations Act,
662 subsection (2) of section 570.20, Florida Statutes, is amended
663 to read:
664 570.20 General Inspection Trust Fund.—
665 (2) For the 2009-2010 2008-2009 fiscal year only and
666 notwithstanding any other provision of law to the contrary, in
667 addition to the spending authorized in subsection (1), moneys in
668 the General Inspection Trust Fund may be appropriated for
669 programs operated by the department which are related to the
670 programs authorized by this chapter. This subsection expires
671 July 1, 2010 2009.
672 Section 35. In order to implement Specific Appropriation
673 1760 of the 2009-2010 General Appropriations Act, present
674 subsection (7) of section 403.7095, Florida Statutes, is
675 redesignated as subsection (8), and a new subsection (7) is
676 added to that section, to read:
677 403.7095 Solid waste management grant program.—
678 (7) Notwithstanding any provision of this section to the
679 contrary, and for the 2009-2010 fiscal year only, the Department
680 of Environmental Protection shall award the sum of $2,600,000 in
681 grants equally to counties having populations of fewer than
682 100,000 for waste tire and litter prevention, recycling
683 education, and general solid waste programs. This subsection
684 expires July 1, 2010.
685 Section 36. In order to implement Specific Appropriation
686 1407 of the 2009-2010 General Appropriations Act and to provide
687 consistency and continuity in the promotion of agriculture
688 throughout the state, notwithstanding s. 287.057, Florida
689 Statutes, the Department of Agriculture and Consumer Services,
690 at its discretion, may extend, revise, and renew current
691 contracts or agreements created or entered into pursuant to
692 chapter 2006-25, Laws of Florida. This section expires July 1,
693 2010.
694 Section 37. (1) In order to implement proviso following
695 Specific Appropriation 471 of the 2009-2010 General
696 Appropriations Act, and for the 2009-2010 fiscal year only,
697 notwithstanding any law to the contrary, a state agency may not
698 adopt or implement a rule or policy that:
699 (a) Mandates or establishes new nitrogen-reduction limits
700 that apply to existing or new onsite sewage treatment systems;
701 (b) Has the effect of requiring the use of performance
702 based treatment systems; or
703 (c) Increases the cost of treatment for nitrogen reduction
704 from onsite systems,
705
706 before the study and report required in proviso following
707 Specific Appropriation 471 is completed.
708 (2) This section is repealed July 1, 2010.
709 Section 38. In order to implement Specific Appropriation
710 2577 of the 2009-2010 General Appropriations Act, paragraphs (c)
711 and (d) of subsection (4) of section 288.1254, Florida Statutes,
712 are amended to read:
713 288.1254 Entertainment industry financial incentive
714 program.—
715 (4) PRIORITY FOR INCENTIVE FUNDING; WITHDRAWAL OF
716 ELIGIBILITY; QUEUES.—
717 (c) Independent Florida filmmaker queue.— Ten Five percent
718 of incentive funding appropriated in any state fiscal year must
719 be dedicated to the independent Florida filmmaker queue. If
720 there are no qualified applications in the queue, any funding in
721 the queue shall be made available to a qualified project in the
722 digital media projects queue. A production certified under this
723 queue is eligible for a reimbursement equal to 15 percent of its
724 actual qualified expenditures. An independent Florida film that
725 meets the criteria of this queue and demonstrates a minimum of
726 $100,000, but not more than $625,000, in total qualified
727 expenditures is eligible for incentive funding. To qualify for
728 this queue, a qualified production must:
729 1. Be planned as a feature film or documentary of no less
730 than 70 minutes in length.
731 2. Provide evidence of 50 percent of the financing for its
732 total budget in an escrow account or other form dedicated to the
733 production.
734 3. Do all major postproduction in this state.
735 4. Employ Florida workers in at least six of the following
736 key positions: writer, director, producer, director of
737 photography, star or one of the lead actors, unit production
738 manager, editor, or production designer. As used in this
739 subparagraph, the term “Florida worker” means a person who has
740 been a resident of this state for at least 1 year before a
741 production’s application under subsection (3) was submitted or a
742 person who graduated from a film school, college, university, or
743 community college in this state no more than 5 years before such
744 submittal or who is enrolled full-time in such a school,
745 college, or university.
746 (d) Digital media projects queue.—Five Ten percent of
747 incentive funding appropriated in any state fiscal year shall be
748 dedicated to the digital media projects queue. A production
749 certified under this queue is eligible for a reimbursement equal
750 to 10 percent of its actual qualified expenditures. A qualified
751 production that is a digital media project that demonstrates a
752 minimum of $300,000 in total qualified expenditures is eligible
753 for a maximum of $1 million in incentive funding. As used in
754 this paragraph, the term “qualified expenditures” means the
755 wages or salaries paid to a resident of this state for working
756 on a single qualified digital media project, up to a maximum of
757 $200,000 in wages or salaries paid per resident. A qualified
758 production company producing digital media projects may not
759 qualify for more than three projects in any 1 fiscal year.
760 Projects that extend beyond a fiscal year must reapply each
761 fiscal year in order to be eligible for incentive funding for
762 that year.
763 Section 39. In order to implement section 72 of the 2009
764 2010 General Appropriations Act, subsections (2) and (3) of
765 section 288.95155, Florida Statutes, are amended to read:
766 288.95155 Florida Small Business Technology Growth
767 Program.—
768 (2)(a) Enterprise Florida, Inc., shall establish a separate
769 small business technology growth account in the Florida
770 Technology Research Investment Fund for purposes of this
771 section. Moneys in the account shall consist of appropriations
772 by the Legislature, proceeds of any collateral used to secure
773 such assistance, transfers, fees assessed for providing or
774 processing such financial assistance, grants, interest earnings,
775 and earnings on financial assistance.
776 (b) For the 2009-2010 fiscal year only, Enterprise Florida,
777 Inc., shall advance up to $600,000 from the account to the
778 Institute for Commercialization of Public Research for its
779 operations. This paragraph expires July 1, 2010.
780 (3) Pursuant to s. 216.351, the amount of any moneys
781 appropriated to the account which are unused at the end of the
782 fiscal year shall not be subject to reversion under s. 216.301.
783 All moneys in the account are continuously appropriated to the
784 account and may be used for loan guarantees, letter of credit
785 guarantees, cash reserves for loan and letter of credit
786 guarantees, payments of claims pursuant to contracts for
787 guarantees, subordinated loans, loans with warrants, royalty
788 investments, equity investments, grant of awards to companies
789 under the auspices of the Institute for Commercialization of
790 Public Research, and operations of the program. Any claim
791 against the program shall be paid solely from the account.
792 Neither the credit nor the taxing power of the state shall be
793 pledged to secure the account or moneys in the account, other
794 than from moneys appropriated or assigned to the account, and
795 the state shall not be liable or obligated in any way for any
796 claims against the account or against Enterprise Florida, Inc.
797 Section 40. The amendment to s. 288.95155(3), Florida
798 Statutes, made by this act shall expire July 1, 2010, and the
799 text of that subsection shall revert to that in existence on
800 June 30, 2009, except that any amendments to such text enacted
801 other than by this act shall be preserved and continue to
802 operate to the extent that such amendments are not dependent
803 upon the portions of such text which expire pursuant to this
804 section.
805 Section 41. In order to implement section 65 of the 2009
806 2010 General Appropriations Act, paragraph (n) of subsection (1)
807 of section 339.08, Florida Statutes, is amended to read:
808 339.08 Use of moneys in State Transportation Trust Fund.—
809 (1) The department shall expend moneys in the State
810 Transportation Trust Fund accruing to the department, in
811 accordance with its annual budget. The use of such moneys shall
812 be restricted to the following purposes:
813 (n) To pay administrative expenses incurred in accordance
814 with applicable laws for a multicounty transportation or
815 expressway authority created under chapter 343 or chapter 348,
816 where jurisdiction for the authority includes a portion of the
817 State Highway System and the administrative expenses are in
818 furtherance of the duties and responsibilities of the authority
819 in the development of improvements to the State Highway System.
820 This paragraph expires July 1, 2010 2009.
821 Section 42. In order to implement Specific Appropriation
822 2029 of the 2009-2010 General Appropriations Act, paragraph (p)
823 is added to subsection (1) of section 339.08, Florida Statutes,
824 to read:
825 339.08 Use of moneys in State Transportation Trust Fund.—
826 (1) The department shall expend moneys in the State
827 Transportation Trust Fund accruing to the department, in
828 accordance with its annual budget. The use of such moneys shall
829 be restricted to the following purposes:
830 (p) To pay for county and school district transportation
831 infrastructure improvements. This paragraph expires July 1,
832 2010.
833 Section 43. In order to implement section 59 of the 2009
834 2010 General Appropriations Act, subsection (4) is added to
835 section 339.08, Florida Statutes, to read:
836 339.08 Use of moneys in State Transportation Trust Fund.—
837 (4) For the 2009-2010 fiscal year only and notwithstanding
838 the provisions of this section and ss. 339.09(1) and
839 215.32(2)(b)4., funds may be transferred from the State
840 Transportation Trust Fund to the General Revenue Fund as
841 specified in the General Appropriations Act. Notwithstanding ss.
842 206.46(3) and 206.606(2), the total amount transferred shall be
843 reduced from total state revenues deposited into the State
844 Transportation Trust Fund for the calculation requirements of
845 ss. 206.46(3) and 206.606(2). This subsection expires July 1,
846 2010.
847 Section 44. In order to implement Specific Appropriations
848 2124A and 2131C of the 2009-2010 General Appropriations Act,
849 subsection (11) is added to section 445.009, Florida Statutes,
850 to read:
851 445.009 One-stop delivery system.—
852 (11)(a) A participant in an adult or youth work experience
853 activity administered under this chapter shall be deemed an
854 employee of the state for purposes of workers’ compensation
855 coverage. In determining the average weekly wage, all
856 remuneration received from the employer shall be considered a
857 gratuity, and the participant shall not be entitled to any
858 benefits otherwise payable under s. 440.15, regardless of
859 whether the participant may be receiving wages and remuneration
860 from other employment with another employer and regardless of
861 his or her future wage-earning capacity.
862 (b) This subsection expires July 1, 2010.
863 Section 45. In order to implement Specific Appropriation
864 1998 of the 2009-2010 General Appropriations Act, subsection (8)
865 of section 332.007, Florida Statutes, is amended to read:
866 332.007 Administration and financing of aviation and
867 airport programs and projects; state plan.—
868 (8) Notwithstanding any other provision of law to the
869 contrary, the department is authorized to fund security
870 projects, including operational and maintenance assistance, at
871 publicly owned public-use airports. For projects in the current
872 adopted work program, or projects added using the available
873 budget of the department, airports may request the department
874 change the project purpose in accordance with this provision
875 notwithstanding the provisions of s. 339.135(7). For purposes of
876 this subsection, the department may fund up to 100 percent of
877 eligible project costs that are not funded by the Federal
878 Government. This subsection shall expire on June 30, 2012.
879 Section 46. The amendment to s. 332.007(8), Florida
880 Statutes, made by this act shall expire July 1, 2010, and the
881 text of that subsection shall revert to that in existence on
882 June 30, 2009, except that any amendments to such text enacted
883 other than by this act shall be preserved and continue to
884 operate to the extent that such amendments are not dependent
885 upon the portions of such text which expire pursuant to this
886 section.
887 Section 47. In order to implement Specific Appropriation
888 1570 of the 2009-2010 General Appropriations Act:
889 (1) The intent of the Legislature is to ensure that
890 residents of the state derive the maximum possible economic
891 benefit from the federal first-time homebuyer tax credit created
892 through The American Recovery and Reinvestment Act of 2009 by
893 providing subordinate down payment assistance loans to first
894 time homebuyers for owner-occupied primary residences which can
895 be repaid by the income tax refund the homebuyer is entitled to
896 under the First Time Homebuyer Credit. The state program shall
897 be called the “Florida Homebuyer Opportunity Program.”
898 (2) The Florida Housing Finance Corporation shall
899 administer the Florida Homebuyer Opportunity Program to optimize
900 eligibility for conventional, VA, USDA, FHA, and other loan
901 programs through the State Housing Initiatives Partnership
902 program in accordance with ss. 420.907-420.9079, Florida
903 Statutes, and the provisions of this section.
904 (3) Prior to December 1, 2009, or any later date
905 established by the Internal Revenue Service for such purchases,
906 counties and eligible municipalities receiving funds shall
907 expend the funds appropriated under Specific Appropriation 1570A
908 only to provide subordinate loans to prospective first-time
909 homebuyers under the Florida Homebuyer Opportunity Program
910 pursuant to this section, except that up to 10 percent of such
911 funds may be used to cover administrative expenses of the
912 counties and eligible municipalities to implement the Florida
913 Homebuyer Opportunity Program, and not more than .25 percent may
914 be used to compensate the Florida Housing Finance Corporation
915 for the expenses associated with compliance monitoring. The
916 funds appropriated under Specific Appropriation 1570A may not be
917 used for any other program currently existing under ss. 420.907
918 420.9079, Florida Statutes. Thereafter, the funds shall be
919 expended in accordance with ss. 420.907-420.9079, Florida
920 Statutes.
921 (4) Notwithstanding s. 420.9075, Florida Statutes, for
922 purposes of the Florida Homebuyer Opportunity Program, the
923 following exceptions shall apply:
924 (a) The maximum income limit shall be an adjusted gross
925 income of $75,000 for single taxpayer households or $150,000 for
926 joint-filing taxpayer households, which is equal to that
927 permitted by the American Recovery and Reinvestment Act of 2009;
928 (b) There is no requirement to reserve 30 percent of the
929 funds for awards to very-low-income persons or 30 percent of the
930 funds for awards to low-income persons;
931 (c) There is no requirement to expend 75 percent of funds
932 for construction, rehabilitation, or emergency repair; and
933 (d) The principal balance of the loans provided may not
934 exceed 10 percent of the purchase price or $8,000, whichever is
935 less.
936 (5) Funds shall be expended under a newly created strategy
937 in the local housing assistance plan to implement the Florida
938 Homebuyer Opportunity Program.
939 (6) The homebuyer shall be expected to use their federal
940 income tax refund to fully repay the loan. If the county or
941 eligible municipality receives repayment from the homebuyer
942 within 18 months after the closing date of the loan, the county
943 or eligible municipality shall waive all interest charges. A
944 homebuyer who fails to fully repay the loan within the earlier
945 of 18 months or 10 days after the receipt of their federal
946 income tax refund, shall be subject to repayment terms provided
947 in the local housing assistance plan, including penalties for
948 not using his or her refund for repayment. Penalties may not
949 exceed 10 percent of the loan amount and shall be included in
950 the loan agreement with the homebuyer.
951 (7) All funds repaid to a county or eligible municipality
952 shall be considered “program income” as defined in s.
953 420.9071(24), Florida Statutes.
954 (8) In order to maximize the effect of the funding, the
955 counties and eligible municipalities are encouraged to work with
956 private lenders to provide additional funds to support the
957 initiative. However, in all instances, the counties and eligible
958 municipalities shall make and hold the subordinate loan.
959 (9) This section expires July 1, 2010.
960 Section 48. In order to implement Specific Appropriations
961 2677 and 2678 of the 2009-2010 General Appropriations Act:
962 (1) Notwithstanding the provisions of s. 11.13(1), Florida
963 Statutes, relating to the annual adjustment of salaries for
964 members of the Legislature, to the contrary, for the 2009-2010
965 fiscal year only, the authorized salaries of members of the
966 Legislature in effect on June 30, 2009, shall be reduced by 7
967 percent.
968 (2) Effective June 30, 2010, the annual salaries of members
969 of the Legislature shall be set at the amounts authorized and in
970 effect on June 30, 2009, pursuant to subsection (2) of section
971 52 of chapter 2008-153, Laws of Florida.
972 (3) This section expires July 1, 2010.
973 Section 49. In order to implement specific appropriations
974 for salaries and benefits in the 2009-2010 General
975 Appropriations Act, paragraph (a) of subsection (12) of section
976 110.123, Florida Statutes, is amended to read:
977 110.123 State group insurance program.—
978 (12) HEALTH SAVINGS ACCOUNTS.—The department is authorized
979 to establish health savings accounts for full-time and part-time
980 state employees in association with a health insurance plan
981 option authorized by the Legislature and conforming to the
982 requirements and limitations of federal provisions relating to
983 the Medicare Prescription Drug, Improvement, and Modernization
984 Act of 2003.
985 (a)1. A member participating in this health insurance plan
986 option shall be eligible to receive an employer contribution
987 into the employee’s health savings account from the State
988 Employees Health Insurance Trust Fund in an amount to be
989 determined by the Legislature. A member is not eligible for an
990 employer contribution upon termination of employment. For the
991 2009-2010 2008-2009 fiscal year, the state’s monthly
992 contribution for employees having individual coverage shall be
993 $41.66 and the monthly contribution for employees having family
994 coverage shall be $83.33.
995 2. A member participating in this health insurance plan
996 option shall be eligible to deposit the member’s own funds into
997 a health savings account.
998 Section 50. In order to implement Specific Appropriations
999 for salaries and benefits in the 2009-2010 General
1000 Appropriations Act, paragraph (b) of subsection (3) of section
1001 112.24, Florida Statutes, is amended to read:
1002 112.24 Intergovernmental interchange of public employees.
1003 To encourage economical and effective utilization of public
1004 employees in this state, the temporary assignment of employees
1005 among agencies of government, both state and local, and
1006 including school districts and public institutions of higher
1007 education is authorized under terms and conditions set forth in
1008 this section. State agencies, municipalities, and political
1009 subdivisions are authorized to enter into employee interchange
1010 agreements with other state agencies, the Federal Government,
1011 another state, a municipality, or a political subdivision
1012 including a school district, or with a public institution of
1013 higher education. State agencies are also authorized to enter
1014 into employee interchange agreements with private institutions
1015 of higher education and other nonprofit organizations under the
1016 terms and conditions provided in this section. In addition, the
1017 Governor or the Governor and Cabinet may enter into employee
1018 interchange agreements with a state agency, the Federal
1019 Government, another state, a municipality, or a political
1020 subdivision including a school district, or with a public
1021 institution of higher learning to fill, subject to the
1022 requirements of chapter 20, appointive offices which are within
1023 the executive branch of government and which are filled by
1024 appointment by the Governor or the Governor and Cabinet. Under
1025 no circumstances shall employee interchange agreements be
1026 utilized for the purpose of assigning individuals to participate
1027 in political campaigns. Duties and responsibilities of
1028 interchange employees shall be limited to the mission and goals
1029 of the agencies of government.
1030 (3) Salary, leave, travel and transportation, and
1031 reimbursements for an employee of a sending party that is
1032 participating in an interchange program shall be handled as
1033 follows:
1034 (b)1. The assignment of an employee of a state agency
1035 either on detail or on leave of absence may be made without
1036 reimbursement by the receiving party for the travel and
1037 transportation expenses to or from the place of the assignment
1038 or for the pay and benefits, or a part thereof, of the employee
1039 during the assignment.
1040 2. For the 2009-2010 2008-2009 fiscal year only, the
1041 assignment of an employee of a state agency as provided in
1042 subparagraph 1. may be made if recommended by the Governor or
1043 Chief Justice, as appropriate, and approved by the chairs of the
1044 Senate Policy and Steering Committee on Ways and Means and the
1045 House Full Appropriations Council on General Government and
1046 Health Care Senate Fiscal Policy and Calendar Committee and the
1047 House Policy and Budget Council. Such actions shall be deemed
1048 approved if neither chair provides written notice of objection
1049 within 14 days after the chair’s receiving notice of the action
1050 pursuant to s. 216.177. This subparagraph expires July 1, 2010
1051 2009.
1052 Section 51. In order to implement the appropriations
1053 provided in the 2009-2010 General Appropriations Act to each
1054 agency for cellular phone equipment and services, and to ensure
1055 the cost-effective acquisition and use of wireless devices:
1056 (1) Each agency shall develop a wireless device assignment
1057 plan that limits use of cellular telephones, personal digital
1058 assistants (PDAs), and other devices to only those employees
1059 who, as part of their official assigned duties, must routinely
1060 be immediately available to citizens, supervisors, or
1061 subordinates; be available to respond to emergency situations;
1062 be available to calls outside of regular working hours; have
1063 access to the technology in order to productively perform job
1064 duties in the field; or have limited or no access to a standard
1065 phone, or have no ability to use a personal cell phone, if
1066 needed. The plan shall result in reducing the number of wireless
1067 devices used in each agency.
1068 (2) Each agency must review the use of cellular telephones,
1069 PDAs, and other wireless devices by employees and submit a
1070 report to the President of the Senate and the Speaker of the
1071 House of Representatives by September 1, 2009. The report shall
1072 include:
1073 (a) The criteria that the agency has developed to limit
1074 assignment of wireless devices;
1075 (b) The results of implementing the wireless device
1076 assignment plan, including the reduction in the number of
1077 wireless devices used and the cost of such devices;
1078 (c) The number of wireless devices that remain in use by
1079 type and expenditures by type of device and total agency
1080 expenditures for wireless devices;
1081 (d) The procurement method used to procure wireless devices
1082 and the rationale for procuring wireless devices by any
1083 mechanism other than statewide term contracts and side-by-side
1084 comparison of costs for services purchased through the statewide
1085 term contracts and the mechanisms otherwise used by the agency;
1086 and
1087 (e) A description of innovative techniques the agency has
1088 used to manage wireless devices that have improved efficiency or
1089 reduced costs, which may be applicable for implementation by
1090 other agencies.
1091 (3) This section expires July 1, 2010.
1092 Section 52. In order to implement the transfer of moneys to
1093 the General Revenue Fund from trust funds in the 2009-2010
1094 General Appropriations Act, paragraph (b) of subsection (2) of
1095 section 215.32, Florida Statutes, is reenacted to read:
1096 215.32 State funds; segregation.—
1097 (2) The source and use of each of these funds shall be as
1098 follows:
1099 (b)
1100 1. The trust funds shall consist of moneys received by the
1101 state which under law or under trust agreement are segregated
1102 for a purpose authorized by law. The state agency or branch of
1103 state government receiving or collecting such moneys shall be
1104 responsible for their proper expenditure as provided by law.
1105 Upon the request of the state agency or branch of state
1106 government responsible for the administration of the trust fund,
1107 the Chief Financial Officer may establish accounts within the
1108 trust fund at a level considered necessary for proper
1109 accountability. Once an account is established within a trust
1110 fund, the Chief Financial Officer may authorize payment from
1111 that account only upon determining that there is sufficient cash
1112 and releases at the level of the account.
1113 2. In addition to other trust funds created by law, to the
1114 extent possible, each agency shall use the following trust funds
1115 as described in this subparagraph for day-to-day operations:
1116 a. Operations or operating trust fund, for use as a
1117 depository for funds to be used for program operations funded by
1118 program revenues, with the exception of administrative
1119 activities when the operations or operating trust fund is a
1120 proprietary fund.
1121 b. Operations and maintenance trust fund, for use as a
1122 depository for client services funded by third-party payors.
1123 c. Administrative trust fund, for use as a depository for
1124 funds to be used for management activities that are departmental
1125 in nature and funded by indirect cost earnings and assessments
1126 against trust funds. Proprietary funds are excluded from the
1127 requirement of using an administrative trust fund.
1128 d. Grants and donations trust fund, for use as a depository
1129 for funds to be used for allowable grant or donor agreement
1130 activities funded by restricted contractual revenue from private
1131 and public nonfederal sources.
1132 e. Agency working capital trust fund, for use as a
1133 depository for funds to be used pursuant to s. 216.272.
1134 f. Clearing funds trust fund, for use as a depository for
1135 funds to account for collections pending distribution to lawful
1136 recipients.
1137 g. Federal grant trust fund, for use as a depository for
1138 funds to be used for allowable grant activities funded by
1139 restricted program revenues from federal sources.
1140
1141 To the extent possible, each agency must adjust its internal
1142 accounting to use existing trust funds consistent with the
1143 requirements of this subparagraph. If an agency does not have
1144 trust funds listed in this subparagraph and cannot make such
1145 adjustment, the agency must recommend the creation of the
1146 necessary trust funds to the Legislature no later than the next
1147 scheduled review of the agency’s trust funds pursuant to s.
1148 215.3206.
1149 3. All such moneys are hereby appropriated to be expended
1150 in accordance with the law or trust agreement under which they
1151 were received, subject always to the provisions of chapter 216
1152 relating to the appropriation of funds and to the applicable
1153 laws relating to the deposit or expenditure of moneys in the
1154 State Treasury.
1155 4.a. Notwithstanding any provision of law restricting the
1156 use of trust funds to specific purposes, unappropriated cash
1157 balances from selected trust funds may be authorized by the
1158 Legislature for transfer to the Budget Stabilization Fund and
1159 General Revenue Fund in the General Appropriations Act.
1160 b. This subparagraph does not apply to trust funds required
1161 by federal programs or mandates; trust funds established for
1162 bond covenants, indentures, or resolutions whose revenues are
1163 legally pledged by the state or public body to meet debt service
1164 or other financial requirements of any debt obligations of the
1165 state or any public body; the State Transportation Trust Fund;
1166 the trust fund containing the net annual proceeds from the
1167 Florida Education Lotteries; the Florida Retirement System Trust
1168 Fund; trust funds under the management of the State Board of
1169 Education or the Board of Governors of the State University
1170 System, where such trust funds are for auxiliary enterprises,
1171 self-insurance, and contracts, grants, and donations, as those
1172 terms are defined by general law; trust funds that serve as
1173 clearing funds or accounts for the Chief Financial Officer or
1174 state agencies; trust funds that account for assets held by the
1175 state in a trustee capacity as an agent or fiduciary for
1176 individuals, private organizations, or other governmental units;
1177 and other trust funds authorized by the State Constitution.
1178 Section 53. Paragraph (b) of subsection (4) of section
1179 215.5601, Florida Statutes, is reenacted to read:
1180 215.5601 Lawton Chiles Endowment Fund.—
1181 (4) ADMINISTRATION.—
1182 (b) The endowment shall be managed as an annuity. The
1183 investment objective shall be long-term preservation of the real
1184 value of the net contributed principal and a specified regular
1185 annual cash outflow for appropriation, as nonrecurring revenue.
1186 From the annual cash outflow, a pro rata share shall be used
1187 solely for biomedical research activities as provided in
1188 paragraph (3)(d), until such time as cures are found for
1189 tobacco-related cancer and heart and lung disease. Five percent
1190 of the annual cash outflow dedicated to the biomedical research
1191 portion of the endowment shall be reinvested and applied to that
1192 portion of the endowment’s principal, with the remainder to be
1193 spent on biomedical research activities consistent with this
1194 section. The schedule of annual cash outflow shall be included
1195 within the investment plan adopted under paragraph (a).
1196 Withdrawals other than specified regular cash outflow shall be
1197 considered reductions in contributed principal for the purposes
1198 of this subsection.
1199 Section 54. In order to implement Specific Appropriations
1200 2558, 2559A, 2559B, 2561A and 2561B, paragraph (a) of subsection
1201 (1) of section 377.6015, Florida Statutes, is amended to read:
1202 377.6015 Florida Energy and Climate Commission.—
1203 (1) The Florida Energy and Climate Commission is created
1204 within the Executive Office of the Governor. The commission
1205 shall be comprised of nine members appointed by the Governor,
1206 the Commissioner of Agriculture, and the Chief Financial
1207 Officer.
1208 (a) The Governor shall appoint one member from three
1209 persons nominated by the Florida Public Service Commission
1210 Nominating Council, created in s. 350.031, to each of seven
1211 seats on the commission. The Commissioner of Agriculture shall
1212 appoint one member from three persons nominated by the council
1213 to one seat on the commission. The Chief Financial Officer shall
1214 appoint one member from three persons nominated by the council
1215 to one seat on the commission.
1216 1. The council shall submit the recommendations to the
1217 Governor, the Commissioner of Agriculture, and the Chief
1218 Financial Officer by September 1 of those years in which the
1219 terms are to begin the following October or within 60 days after
1220 a vacancy occurs for any reason other than the expiration of the
1221 term. The Governor, the Commissioner of Agriculture, and the
1222 Chief Financial Officer may proffer names of persons to be
1223 considered for nomination by the council.
1224 2. The Governor, the Commissioner of Agriculture, and the
1225 Chief Financial Officer shall fill a vacancy occurring on the
1226 commission by appointment of one of the applicants nominated by
1227 the council only after a background investigation of such
1228 applicant has been conducted by the Department of Law
1229 Enforcement.
1230 3. Members shall be appointed to 3-year terms; however, in
1231 order to establish staggered terms, for the initial
1232 appointments, the Governor shall appoint four members to 3-year
1233 terms, two members to 2-year terms, and one member to a 1-year
1234 term, and the Commissioner of Agriculture and the Chief
1235 Financial Officer shall each appoint one member to a 3-year term
1236 and shall appoint a successor when that appointee’s term expires
1237 in the same manner as the original appointment.
1238 4. The Governor shall select from the membership of the
1239 commission one person to serve as chair.
1240 5. A vacancy on the commission shall be filled for the
1241 unexpired portion of the term in the same manner as the original
1242 appointment.
1243 6. If the Governor, the Commissioner of Agriculture, or the
1244 Chief Financial Officer has not made an appointment within 30
1245 consecutive calendar days after the receipt of the
1246 recommendations, the council shall initiate, in accordance with
1247 this section, the nominating process within 30 days.
1248 7. Each appointment to the commission shall be subject to
1249 confirmation by the Senate during the next regular session after
1250 the vacancy occurs. If the Senate refuses to confirm or fails to
1251 consider the appointment of the Governor, the Commissioner of
1252 Agriculture, or the Chief Financial Officer, the council shall
1253 initiate, in accordance with this section, the nominating
1254 process within 30 days.
1255 8. The Governor or the Governor’s successor may recall an
1256 appointee.
1257 9. Notwithstanding subparagraph 7. and for the initial
1258 appointments to the commission only, each initial appointment to
1259 the commission is subject to confirmation by the Senate by the
1260 2010 Regular Session. If the Senate refuses to confirm or fails
1261 to consider an appointment made by the Governor, the
1262 Commissioner of Agriculture, or the Chief Financial Officer, the
1263 council shall initiate, in accordance with this section, the
1264 nominating process within 30 days after the Senate’s refusal to
1265 confirm or failure to consider such appointment. This
1266 subparagraph expires July 1, 2010.
1267 Section 55. The amendment to s. 377.6015(1)(a), Florida
1268 Statutes, made by this act applies retroactively to May 1, 2009.
1269 Section 56. Section 49 of chapter 2008-153, Laws of
1270 Florida, is repealed.
1271 Section 57. In order to implement the issuance of new debt
1272 authorized in the 2009-2010 General Appropriations Act, and
1273 pursuant to the requirements of s. 215.98, Florida Statutes, the
1274 Legislature determines that the authorization and issuance of
1275 debt for the 2009-2010 fiscal year should be implemented and is
1276 in the best interest of the state and necessary to address a
1277 critical state emergency.
1278 Section 58. In order to implement the funds appropriated in
1279 the 2009-2010 General Appropriations Act for state employee
1280 travel, the funds appropriated to each state agency, which may
1281 be used for travel by state employees, shall be limited during
1282 the 2009-2010 fiscal year to travel for activities that are
1283 critical to each state agency’s mission. Funds may not be used
1284 to pay for travel by state employees to foreign countries, other
1285 states, conferences, staff-training activities, or other
1286 administrative functions unless the agency head has approved in
1287 writing that such activities are critical to the agency’s
1288 mission. The agency head must consider the use of
1289 teleconferencing and other forms of electronic communication to
1290 meet the needs of the proposed activity before approving
1291 mission-critical travel. This section does not apply to travel
1292 for law enforcement purposes, military purposes, emergency
1293 management activities, or public health activities. This section
1294 expires July 1, 2010.
1295 Section 59. A section of this act which implements a
1296 specific appropriation or specifically identified proviso
1297 language in the 2009-2010 General Appropriations Act is void if
1298 the specific appropriation or specifically identified proviso
1299 language is vetoed. A section of this act which implements more
1300 than one specific appropriation or more than one portion of
1301 specifically identified proviso language in the 2009-2010
1302 General Appropriations Act is void if all the specific
1303 appropriations or portions of specifically identified proviso
1304 language are vetoed.
1305 Section 60. If any other act passed during the 2009 Regular
1306 Session contains a provision that is substantively the same as a
1307 provision in this act, but that removes or is otherwise not
1308 subject to the future repeal applied to such provision by this
1309 act, the Legislature intends that the provision in the other act
1310 takes precedence and continues to operate, notwithstanding the
1311 future repeal provided by this act.
1312 Section 61. If any provision of this act or its application
1313 to any person or circumstance is held invalid, the invalidity
1314 does not affect other provisions or applications of the act
1315 which can be given effect without the invalid provision or
1316 application, and to this end the provisions of this act are
1317 severable.
1318 Section 62. Except as otherwise expressly provided in this
1319 act and except for this section, which shall take effect June
1320 29, 2009, this act shall take effect July 1, 2009; or, if this
1321 act fails to become a law until after that date, it shall take
1322 effect upon becoming a law and shall operate retroactively to
1323 July 1, 2009.
1324
1325 ================= T I T L E A M E N D M E N T ================
1326 And the title is amended as follows:
1327 Delete everything before the enacting clause
1328 and insert:
1329 A bill to be entitled
1330 An act implementing the 2009-2010 General
1331 Appropriations Act; providing legislative intent;
1332 authorizing the Department of Corrections and the
1333 Department of Juvenile Justice to use certain
1334 appropriated funds to assist in defraying the costs
1335 incurred by a county or a municipality to open or
1336 operate certain facilities; limiting the amount of
1337 such assistance; providing for the expiration of the
1338 authority to provide the assistance; amending s.
1339 216.262, F.S.; delaying the expiration of provisions
1340 directing the Department of Corrections to seek a
1341 budget amendment for additional positions and
1342 appropriations if the inmate population exceeds a
1343 certain estimate under certain circumstances;
1344 providing for the expiration of the authority to seek
1345 a budget amendment; authorizing the Department of
1346 Legal Affairs to spend certain appropriated funds on
1347 programs that were funded by the department from
1348 specific appropriations in general appropriations acts
1349 in prior years; providing for the expiration of the
1350 authority to spend those appropriations; authorizing
1351 the Department of Legal Affairs to transfer certain
1352 funds from certain cases to the Operating Trust Fund
1353 to pay salaries and benefits; providing an expiration
1354 date for the transfer of funds; authorizing the Chief
1355 Justice of the Supreme Court to request a loan of
1356 funds from the General Revenue Fund to be deposited
1357 into the State Courts Revenue Trust Fund under certain
1358 circumstances; amending s. 932.7055, F.S.; delaying
1359 the expiration of provisions authorizing a
1360 municipality to expend funds from its special law
1361 enforcement trust fund to reimburse the municipality’s
1362 general fund; amending s. 339.135, F.S.; providing for
1363 use of transportation revenues; providing for revised
1364 funding levels for Department of Transportation
1365 projects; requiring that the Department of
1366 Transportation transfer funds to the Office of
1367 Tourism, Trade, and Economic Development for the
1368 purpose of funding transportation-related needs of
1369 economic development; deleting obsolete provisions;
1370 amending s. 216.292, F.S.; permitting the Legislative
1371 Budget Commission to review and approve
1372 recommendations by the Governor for fixed capital
1373 outlay projects funded by grants awarded from the
1374 American Recovery and Reinvestment Act of 2009;
1375 providing for future expiration; authorizing the
1376 Executive Office of the Governor to transfer funds
1377 appropriated for the American Recovery and
1378 Reinvestment Act of 2009 in traditional appropriation
1379 categories in the General Appropriations Act to
1380 appropriation categories established for the specific
1381 purpose of tracking funds appropriated for the act;
1382 amending s. 394.908, F.S.; delaying the expiration of
1383 provisions requiring that funds appropriated for
1384 forensic mental health treatment services be allocated
1385 to the areas of the state having the greatest demand
1386 for services and treatment capacity; providing
1387 allocation requirements for specified funds
1388 appropriated for mental health services; amending s.
1389 400.179, F.S; revising provisions relating to
1390 liability for Medicaid underpayments and overpayments;
1391 providing that certain provisions relating to the
1392 transfer of a facility that has been leased by the
1393 transferor do not apply; providing for future
1394 expiration; requiring that the Department of Health
1395 issue a request for proposals and enter into a
1396 contract for a replacement facility for the A.G.
1397 Holley State Hospital and for inpatient services and
1398 other operations provided by such hospital; providing
1399 requirements for the request for proposals; providing
1400 for future expiration; amending Specific Appropriation
1401 208 of s. 3, chapter 2008-152, Laws of Florida,
1402 relating to Medicaid low-income pool payments to
1403 hospitals provider access systems; providing that
1404 funding be distributed in a three-step allocation
1405 process; amending s. 1, chapter 2007-174, Laws of
1406 Florida; delaying the expiration of provisions
1407 authorizing the Department of Children and Family
1408 Services to begin the process of reorganization;
1409 requiring that the Department of Children and Family
1410 Services ensure that information is entered into the
1411 Florida Safe Families Network; requiring coordination
1412 between the department and the Office of the State
1413 Courts Administrator to provide information relating
1414 to child welfare cases; requiring a report to the
1415 Governor and Legislature; requiring that contracts
1416 between the Department of Children and Family Services
1417 and community-based care agencies be funded by a grant
1418 of general revenue, other state trust funds, and
1419 applicable federal funding sources; requiring that
1420 community-based care agencies document federal funds
1421 earned and return undocumented federal funds earned;
1422 authorizing an increase in the amount of the annual
1423 contract for a community-based care agency by using
1424 excess federal funds; authorizing certain
1425 expenditures; providing requirements for fixed-price
1426 contracts; providing for future expiration;
1427 authorizing the Agency for Health Care Administration
1428 to exclude the University of Miami at Cedars Hospital
1429 in Miami-Dade County from participating in the
1430 hospitalist program; authorizing the agency to
1431 continue the physician lock-in program for
1432 participating recipients of such program; providing
1433 for future expiration; providing an exception to
1434 proviso language contained in Specific Appropriation
1435 438 of the 2009-2010 General Appropriations Act;
1436 requiring that a maximum of 2.5 percent be spent on
1437 direct services per direct client service provider per
1438 year; authorizing the Executive Office of the Governor
1439 to transfer funds between departments for purposes of
1440 aligning amounts paid for risk management premiums and
1441 for purposes of aligning amounts paid for human
1442 resource management services; authorizing the
1443 Executive Office of the Governor to transfer funds
1444 between departments for purposes of aligning the
1445 budget authority granted to each agency with the
1446 reductions in employee compensation; amending s.
1447 218.12, F.S.; requiring that the value of assessments
1448 reduced pursuant to s. 4(d)(8)a. of Art. VII of the
1449 State Constitution include only the reduction in
1450 taxable value for homesteads established in the
1451 preceding year; providing for reversion of statutory
1452 text of certain provisions; amending s. 253.034, F.S.;
1453 authorizing the deposit of funds derived from the sale
1454 of property by the Department of Citrus into the
1455 Citrus Advertising Trust Fund; providing for the
1456 expiration of such authorization; reenacting s.
1457 255.518(1)(b), F.S., relating to the payment of
1458 obligations during the construction of a facility
1459 financed by such obligations; providing for reversion
1460 of statutory text of certain provisions; amending s.
1461 255.503, F.S.; delaying the expiration of provisions
1462 relating to the Florida Facilities Pool; amending s.
1463 373.59, F.S.; providing for the allocation of moneys
1464 from the Water Management Lands Trust Fund for certain
1465 purposes; providing an expiration date; amending s.
1466 376.3071, F.S.; delaying the repeal of provisions
1467 relating to funding from the Inland Protection Trust
1468 Fund for site restoration; amending s. 403.1651, F.S.;
1469 providing that funds from the Ecosystem Management and
1470 Restoration Trust Fund be used for the purpose of
1471 funding activities to preserve and repair the state’s
1472 beaches; providing for reversion of statutory text of
1473 certain provisions; amending s. 570.20, F.S.; delaying
1474 the expiration of provisions authorizing the
1475 Department of Agriculture and Consumer Services to use
1476 funds from the General Inspection Trust Fund for
1477 certain programs; amending s. 403.7095, F.S.;
1478 requiring that the Department of Environmental
1479 Protection award a specified amount in grants equally
1480 to certain counties for waste tire and litter
1481 prevention, recycling education, and general solid
1482 waste programs; providing for future expiration;
1483 authorizing the Department of Agriculture and Consumer
1484 Services to extend, revise, and renew current
1485 contracts or agreements created or entered into for
1486 the purpose of promotion agriculture; providing for
1487 future expiration; prohibiting any state agency from
1488 adopting or implementing a rule or policy mandating or
1489 establishing new nitrogen-reduction limits under
1490 certain circumstances; providing for the future repeal
1491 of such prohibition; amending s. 288.1254, F.S.;
1492 revising provisions relating to the entertainment
1493 industry financial incentive program; increasing the
1494 amount of incentive funding to be appropriated in any
1495 state fiscal year for the independent Florida
1496 filmmaker queue and the digital media projects queue;
1497 providing that funding from such queue be made
1498 available to a qualified project in the digital media
1499 projects queue under certain circumstances; amending
1500 s. 288.95155, F.S.; revising provisions relating to
1501 the Florida Small Business Technology Growth Program;
1502 requiring that Enterprise Florida, Inc., advance a
1503 specified amount from the small business technology
1504 growth account within the Florida Technology Research
1505 Investment Fund to the Institute for Commercialization
1506 of Public Research; providing for future expiration;
1507 providing for reversion of statutory text of certain
1508 provisions; amending s. 339.08, F.S.; delaying the
1509 expiration of provisions relating to the use of moneys
1510 in the State Transportation Trust Fund for certain
1511 administrative expenses; authorizing the Department of
1512 Transportation to use moneys from the State
1513 Transportation Trust Fund to pay for county and school
1514 district transportation infrastructure improvements;
1515 authorizing the transfer of funds from the State
1516 Transportation Trust Fund to the General Revenue Fund
1517 under certain circumstances; providing for future
1518 expiration of such authorization; amending s. 445.009,
1519 F.S.; providing that a participant in an adult or
1520 youth work experience activity under ch. 445, F.S., is
1521 an employee of the state for purposes of workers’
1522 compensation coverage; providing for future
1523 expiration; amending s. 332.007, F.S.; authorizing the
1524 Department of Transportation to fund operational and
1525 maintenance assistance security projects at publicly
1526 owned public-use airports; providing for the future
1527 expiration of such authority and the reversion of
1528 statutory text; creating the Florida Homebuyer
1529 Opportunity Program within the Florida Housing Finance
1530 Corporation; providing legislative intent; defining
1531 the term “anticipated federal assistance”; providing
1532 duties for the corporation to implement and administer
1533 the program; providing certain requirements for the
1534 program; requiring that the administration of the
1535 program be consistent with certain Federal Housing
1536 Administration requirements; requiring that the
1537 corporation negotiate with private lenders to borrow
1538 additional funds to support the program; providing for
1539 future expiration of the program; providing that the
1540 annual salary of the members of the Legislature be
1541 reduced by 7 percent; providing for future expiration;
1542 amending s. 110.123, F.S.; providing for the state’s
1543 monthly contribution for employees under the state
1544 group insurance program; amending s. 112.24, F.S.;
1545 providing conditions on the assignment of an employee
1546 of a state agency without reimbursement from the
1547 receiving agency; requiring that each agency develop a
1548 wireless device assignment plan limiting the use of
1549 cellular telephones, personal digital assistants, and
1550 other devices; requiring that each agency review such
1551 use and submit a report to the Legislature by a
1552 specified date; providing that the report contain
1553 certain information; providing for future expiration
1554 of such provisions; reenacting s. 215.32(2)(b), F.S.,
1555 relating to the transfer of moneys from trust funds to
1556 the General Revenue Fund; reenacting s.
1557 215.5601(4)(b), F.S., relating to the administration
1558 of the Lawton Chiles Endowment Fund; amending s.
1559 377.6015, F.S.; revising provisions relating to
1560 initial appointments to the Florida Energy and Climate
1561 Commission; providing for retroactive application;
1562 repealing s. 49, chapter 2008-153, Laws of Florida;
1563 abrogating the future repeal of an amendment made by
1564 that chapter to s. 215.5601(4), F.S., and abrogating
1565 the revision of the text of that subsection to that in
1566 existence on June 30, 2009, with specified exceptions;
1567 providing a statement of public interest with respect
1568 to the issuance of new debt to address a critical
1569 state emergency; limiting the use of state funds for
1570 travel by state employees to activities that are
1571 critical to each state agency’s mission; requiring
1572 that each agency head approve such travel in writing;
1573 providing exceptions; providing for future expiration;
1574 providing for the effect of a veto of one or more
1575 specific appropriations or proviso to which
1576 implementing language refers; providing for other acts
1577 passed during the 2009 Regular Session which contain
1578 provisions that are substantively the same as the
1579 provisions of this act to take precedence under
1580 certain circumstances; providing for severability;
1581 providing effective dates.