Florida Senate - 2009                                    SB 2602
       
       
       
       By the Policy and Steering Committee on Ways and Means
       
       
       
       
       576-04532-09                                          20092602__
    1                        A bill to be entitled                      
    2         An act implementing the 2009-2010 General
    3         Appropriations Act; providing legislative intent;
    4         authorizing the Department of Corrections to use
    5         certain appropriated funds to assist in defraying the
    6         costs incurred by a county or a municipality to open
    7         or operate certain facilities; limiting the amount of
    8         such assistance; providing for the expiration of the
    9         authority to provide the assistance; amending s.
   10         216.262, F.S.; delaying the expiration of provisions
   11         directing the Department of Corrections to seek a
   12         budget amendment for additional positions and
   13         appropriations if the inmate population exceeds a
   14         certain estimate under certain circumstances;
   15         providing for the expiration of the authority to seek
   16         a budget amendment; authorizing the Department of
   17         Legal Affairs to spend certain appropriated funds on
   18         programs that were funded by the department from
   19         specific appropriations in general appropriations acts
   20         in prior years; providing for the expiration of the
   21         authority to spend those appropriations; creating s.
   22         945.6041, F.S.; defining terms; limiting the
   23         compensation of health care providers that do not have
   24         contracts to provide inmate medical services with the
   25         Department of Corrections or private correctional
   26         facilities; limiting compensation to entities that
   27         provide emergency medical transportation services for
   28         inmates if those entities do not have a contract with
   29         the department or certain private correctional
   30         facilities; providing an expiration date for the
   31         limits on compensation; authorizing the Department of
   32         Legal Affairs to transfer certain funds from certain
   33         cases to the Operating Trust Fund to pay salaries and
   34         benefits; providing an expiration date for the
   35         transfer of funds; amending s. 287.057, F.S.; delaying
   36         the expiration of provisions authorizing the
   37         Department of Health to enter into an agreement with a
   38         specified private contractor to finance, design, and
   39         construct a hospital for the treatment of patients
   40         with active tuberculosis; amending s. 394.908, F.S.;
   41         delaying the expiration of provisions requiring that
   42         funds appropriated for forensic mental health
   43         treatment services be allocated to the areas of the
   44         state having the greatest demand for services and
   45         treatment capacity; providing allocation requirements
   46         for specified funds appropriated for mental health
   47         services; requiring the Department of Children and
   48         Family Services to ensure that information is entered
   49         into the Florida Safe Families Network; requiring
   50         coordination between the department and the Office of
   51         the State Courts Administrator to provide information
   52         relating to child welfare cases; requiring a report to
   53         the Governor and Legislature; authorizing the
   54         Executive Office of the Governor to transfer funds
   55         between departments for purposes of aligning amounts
   56         paid for risk management premiums and for purposes of
   57         aligning amounts paid for human resource management
   58         services; authorizing certain moneys to be
   59         appropriated to offset reductions in ad valorem tax
   60         revenue experienced by fiscally constrained counties
   61         occurring as a direct result of the implementation of
   62         revisions of Art. VII of the State Constitution
   63         approved in the special election held on January 29,
   64         2008; amending s. 218.12, F.S.; requiring that the
   65         value of assessments reduced pursuant to s. 4(d)(8)a.
   66         of Art. VII of the State Constitution include only the
   67         reduction in taxable value for homesteads established
   68         in the preceding year; amending s. 253.034, F.S.;
   69         authorizing the deposit of funds derived from the sale
   70         of property by the Department of Citrus into the
   71         Citrus Advertising Trust Fund; providing for the
   72         expiration of such authorization; amending s. 253.01,
   73         F.S.; delaying the expiration of provisions relating
   74         to grants and aids from the Internal Improvement Trust
   75         Fund for the drinking water facility construction
   76         state revolving loan program and the clean water state
   77         revolving loan program; reenacting s. 255.518(1)(b),
   78         F.S., relating to the payment of obligations during
   79         the construction of a facility financed by such
   80         obligations; repealing s. 27 of chapter 2008-153, Laws
   81         of Florida; abrogating the future repeal of an
   82         amendment made by that chapter to s. 255.518(1)(b),
   83         F.S., and abrogating the revision of the text of that
   84         paragraph to that in existence on June 30, 2008, with
   85         specified exceptions; amending s. 255.503, F.S.;
   86         delaying the expiration of provisions relating to the
   87         Florida Facilities Pool; amending s. 373.59, F.S.;
   88         providing for the allocation of moneys from the Water
   89         Management Lands Trust Fund for certain purposes;
   90         providing an expiration date; amending s. 376.3071,
   91         F.S.; delaying the repeal of provisions relating to
   92         funding from the Inland Protection Trust Fund for site
   93         restoration; amending s. 403.1651, F.S.; providing
   94         that funds from the Ecosystem Management and
   95         Restoration Trust Fund be used for the purpose of
   96         funding activities to preserve and repair the state’s
   97         beaches; providing for reversion of statutory text of
   98         certain provisions; amending s. 570.20, F.S.; delaying
   99         the expiration of provisions authorizing the
  100         Department of Agriculture and Consumer Services to use
  101         funds from the General Inspection Trust Fund for
  102         certain programs; amending s. 253.034, F.S.; delaying
  103         the expiration of provisions authorizing the deposit
  104         of funds from the sale of property located in Palm
  105         Beach County by the Department of Highway Safety and
  106         Motor Vehicles into the Highway Safety Operating Trust
  107         Fund; amending s. 332.007, F.S.; authorizing the
  108         Department of Transportation to fund operational and
  109         maintenance assistance security projects at publicly
  110         owned public-use airports; providing for the future
  111         expiration of such authority and the reversion of
  112         statutory text; amending s. 339.08, F.S.; delaying the
  113         expiration of provisions relating to the use of funds
  114         from the State Transportation Trust Fund; amending s.
  115         339.135, F.S.; delaying the expiration of provisions
  116         relating to the transfer of funds from the Department
  117         of Transportation to the Office of Tourism, Trade, and
  118         Economic Development for the purpose of funding the
  119         transportation-related needs of certain projects;
  120         revising the amount of such transfer; deleting
  121         obsolete provisions; creating the Florida Homebuyer
  122         Opportunity Program within the Florida Housing Finance
  123         Corporation; providing legislative intent; defining
  124         the term “anticipated federal assistance”; providing
  125         duties for the corporation to implement and administer
  126         the program; providing certain requirements for the
  127         program; requiring that the administration of the
  128         program be consistent with certain Federal Housing
  129         Administration requirements; requiring that the
  130         corporation negotiate with private lenders to borrow
  131         additional funds to support the program; providing for
  132         future expiration of the program; providing that the
  133         annual salary of the members of the Legislature be
  134         reduced by 6 percent; providing for future expiration;
  135         requiring that each agency develop a wireless device
  136         assignment plan limiting the use of cellular
  137         telephones, personal digital assistants, and other
  138         devices; requiring that each agency review such use
  139         and submit a report to the Legislature by a specified
  140         date; providing that the report contain certain
  141         information; reenacting s. 215.32(2)(b), F.S.,
  142         relating to the transfer of moneys from trust funds to
  143         the General Revenue Fund; reenacting s.
  144         215.5601(4)(b), F.S., relating to the administration
  145         of the Lawton Chiles Endowment Fund; repealing s. 49
  146         of chapter 2008-153, Laws of Florida; abrogating the
  147         future repeal of an amendment made by that chapter to
  148         s. 215.5601(4), F.S., and abrogating the revision of
  149         the text of that subsection to that in existence on
  150         June 30, 2009, with specified exceptions; providing a
  151         statement of public interest with respect to the
  152         issuance of new debt to address a critical state
  153         emergency; providing for future expiration; limiting
  154         the use of state funds for travel by state employees
  155         to activities that are critical to each state agency’s
  156         mission; requiring that each agency head approve such
  157         travel in writing; providing exceptions; providing for
  158         the effect of a veto of one or more specific
  159         appropriations or proviso to which implementing
  160         language refers; providing for other acts passed
  161         during the 2009 Regular Session which contain
  162         provisions that are substantively the same as the
  163         provisions of this act to take precedence under
  164         certain circumstances; providing for severability;
  165         providing effective dates.
  166  
  167  Be It Enacted by the Legislature of the State of Florida:
  168  
  169         Section 1. It is the intent of the Legislature that the
  170  implementing and administering provisions of this act apply to
  171  the General Appropriations Act for the 2009-2010 fiscal year.
  172         Section 2. In order to fulfill legislative intent regarding
  173  the use of funds contained in Specific Appropriations 617, 631,
  174  and 644 of the 2009-2010 General Appropriations Act, the
  175  Department of Corrections may expend appropriated funds to
  176  assist in defraying the costs of impacts that are incurred by a
  177  municipality or county and that are associated with opening or
  178  operating a facility under the authority of the department. The
  179  amount paid for any facility may not exceed 1 percent of the
  180  cost to construct the facility, less building impact fees
  181  imposed by the municipality or county. This section expires July
  182  1, 2010.
  183         Section 3. In order to implement Specific Appropriations
  184  607 through 707 and 738 through 773 of the 2009-2010 General
  185  Appropriations Act, subsection (4) of section 216.262, Florida
  186  Statutes, is amended to read:
  187         216.262 Authorized positions.—
  188         (4) Notwithstanding the provisions of this chapter on
  189  increasing the number of authorized positions, and for the 2009
  190  2010 2008-2009 fiscal year only, if the actual inmate population
  191  of the Department of Corrections exceeds the inmate population
  192  projections of the February 16, 2009 February 15, 2008, Criminal
  193  Justice Estimating Conference by 1 percent for 2 consecutive
  194  months or 2 percent for any month, the Executive Office of the
  195  Governor, with the approval of the Legislative Budget
  196  Commission, shall immediately notify the Criminal Justice
  197  Estimating Conference, which shall convene as soon as possible
  198  to revise the estimates. The Department of Corrections may then
  199  submit a budget amendment requesting the establishment of
  200  positions in excess of the number authorized by the Legislature
  201  and additional appropriations from unallocated general revenue
  202  sufficient to provide for essential staff, fixed capital
  203  improvements, and other resources to provide classification,
  204  security, food services, health services, and other variable
  205  expenses within the institutions to accommodate the estimated
  206  increase in the inmate population. All actions taken pursuant to
  207  the authority granted in this subsection shall be subject to
  208  review and approval by the Legislative Budget Commission. This
  209  subsection expires July 1, 2010 July 1, 2009.
  210         Section 4. In order to implement Specific Appropriations
  211  1266 and 1267 of the 2009-2010 General Appropriations Act, the
  212  Department of Legal Affairs is authorized to expend appropriated
  213  funds in those specific appropriations on the same programs that
  214  were funded by the department pursuant to specific
  215  appropriations made in general appropriations acts in prior
  216  years. This section expires July 1, 2010.
  217         Section 5. In order to implement Specific Appropriations
  218  738 through 754 of the 2009-2010 General Appropriations Act,
  219  section 945.6041, Florida Statutes, is created to read:
  220         945.6041Inmate medical services.—
  221         (1)As used in this section, the term:
  222         (a)“Emergency medical transportation services” includes,
  223  but is not limited to, services rendered by ambulances,
  224  emergency medical services vehicles, and air ambulances as those
  225  terms are defined in s. 401.23.
  226         (b)“Health care provider” has the same meaning as provided
  227  in s. 766.105.
  228         (2)(a)Compensation to a health care provider to provide
  229  inmate medical services may not exceed 110 percent of the
  230  Medicare allowable rate if the health care provider does not
  231  have a contract to provide services with the department or the
  232  private correctional facility, as defined in s. 944.710, which
  233  houses the inmate.
  234         (b)Notwithstanding paragraph (a), compensation to a health
  235  care provider to provide inmate medical services may not exceed
  236  125 percent of the Medicare allowable rate if:
  237         1.The health care provider does not have a contract to
  238  provide services with the department or the private correctional
  239  facility, as defined in s. 944.710, which houses the inmate; and
  240         2.The health care provider reported a negative operating
  241  margin for the previous year to the Agency for Health Care
  242  Administration through hospital-audited financial data.
  243         (3)Compensation to an entity to provide emergency medical
  244  transportation services for inmates may not exceed 110 percent
  245  of the Medicare allowable rate if the entity does not have a
  246  contract with the department or a private correctional facility,
  247  as defined in s. 944.710, to provide the services.
  248         (4)This section does not apply to charges for medical
  249  services provided at a hospital operated by the department.
  250         (5)This section expires July 1, 2010.
  251         Section 6. In order to implement Specific Appropriations
  252  1231, 1251, 1272, and 1282 of the 2009-2010 General
  253  Appropriations Act, the Department of Legal Affairs is
  254  authorized to transfer cash remaining after required
  255  disbursements for Attorney General case number 16-2008-CA-01
  256  3142CV-C from FLAIR account 41-74-2-601001-41100100-00-181076-00
  257  to the Operating Trust Fund to pay salaries and benefits. This
  258  section expires July 1, 2010.
  259         Section 7. In order to implement Specific Appropriations
  260  448, 450, 456, 458, and 459 of the 2009-2010 General
  261  Appropriations Act, paragraph (b) of subsection (14) of section
  262  287.057, Florida Statutes, is amended to read:
  263         287.057 Procurement of commodities or contractual
  264  services.—
  265         (14)
  266         (b) The Department of Health shall enter into an agreement,
  267  not to exceed 20 years, with a private contractor to finance,
  268  design, and construct a hospital, of no more than 50 beds, for
  269  the treatment of patients with active tuberculosis and to
  270  operate all aspects of daily operations within the facility. The
  271  contractor may sponsor the issuance of tax-exempt certificates
  272  of participation or other securities to finance the project, and
  273  the state may enter into a lease-purchase agreement for the
  274  facility. The department shall begin the implementation of this
  275  initiative by July 1, 2008. This paragraph expires July 1, 2010
  276  2009.
  277         Section 8. In order to implement Specific Appropriations
  278  316 through 347 of the 2009-2010 General Appropriations Act,
  279  subsection (3) of section 394.908, Florida Statutes, is amended
  280  to read:
  281         394.908 Substance abuse and mental health funding equity;
  282  distribution of appropriations.—In recognition of the historical
  283  inequity in the funding of substance abuse and mental health
  284  services for the department’s districts and regions and to
  285  rectify this inequity and provide for equitable funding in the
  286  future throughout the state, the following funding process shall
  287  be used:
  288         (3)
  289         (a) Any additional funding beyond the 2005-2006 fiscal year
  290  base appropriation for alcohol, drug abuse, and mental health
  291  services shall be allocated to districts for substance abuse and
  292  mental health services based on:
  293         1. Epidemiological estimates of disabilities that apply to
  294  the respective target populations.
  295         2. A pro rata share distribution that ensures districts
  296  below the statewide average funding level per person in each
  297  target population of “persons in need” receive funding necessary
  298  to achieve equity.
  299         (b) Notwithstanding paragraph (a) and for the 2008-2009
  300  fiscal year 2009-2010 only, funds appropriated for forensic
  301  mental health treatment services shall be allocated to the areas
  302  of the state having the greatest demand for services and
  303  treatment capacity. This paragraph expires July 1, 2010 2009.
  304         (c) Notwithstanding paragraph (a) and for the 2008-2009
  305  fiscal year 2009-2010 only, additional funds appropriated for
  306  mental health services from funds available through the
  307  Community-Based Medicaid Administrative Claiming Program shall
  308  be allocated as provided in the 2009-2010 2008-2009 General
  309  Appropriations Act and in proportion to contributed provider
  310  earnings. Where these mental health funds are used in lieu of
  311  funds from the General Revenue Fund, the allocation of funds
  312  shall be unchanged from the allocation for those funds for the
  313  2007-2008 fiscal year. This paragraph expires July 1, 2010 2009.
  314         Section 9. In order to implement Specific Appropriation 279
  315  of the 2009-2010 General Appropriations Act, the Department of
  316  Children and Family Services must ensure that all public and
  317  private agencies and institutions participating in child welfare
  318  cases enter information, specified by department rule, into the
  319  Florida Safe Families Network in order to maintain the accuracy
  320  and usefulness of the system. The network is intended to be the
  321  department’s automated child welfare case-management system
  322  designed to provide child welfare workers with a mechanism for
  323  managing child welfare cases more efficiently and tracking
  324  children and families more effectively. The department shall
  325  coordinate with the Office of the State Courts Administrator to
  326  provide any judge or magistrate with access to information in
  327  the network relating to a child welfare case which is required
  328  to be filed with the court pursuant to chapter 39, Florida
  329  Statutes, by the date of the network’s release during fiscal
  330  year 2009-2010. The department shall report to the Governor, the
  331  President of the Senate, and the Speaker of the House of
  332  Representatives by February 1, 2010, with respect to progress on
  333  providing access to the Florida Safe Families Network as
  334  provided in this section. This section expires July 1, 2010.
  335         Section 10. In order to implement the appropriation of
  336  funds in Special Categories-Risk Management Insurance of the
  337  2009-2010 General Appropriations Act, and pursuant to the
  338  notice, review, and objection procedures of s. 216.177, Florida
  339  Statutes, the Executive Office of the Governor is authorized to
  340  transfer funds appropriated in the appropriation category
  341  “Special Categories-Risk Management Insurance” of the 2009-2010
  342  General Appropriations Act between departments in order to align
  343  the budget authority granted with the premiums paid by each
  344  department for risk management insurance. This section expires
  345  July 1, 2010.
  346         Section 11. In order to implement the appropriation of
  347  funds in Special Categories-Transfer to Department of Management
  348  Services-Human Resources Services Purchased Per Statewide
  349  Contract of the 2009-2010 General Appropriations Act, and
  350  pursuant to the notice, review, and objection procedures of s.
  351  216.177, Florida Statutes, the Executive Office of the Governor
  352  is authorized to transfer funds appropriated in the
  353  appropriation category “Special Categories-Transfer to
  354  Department of Management Services-Human Resources Services
  355  Purchased Per Statewide Contract” of the 2009-2010 General
  356  Appropriations Act between departments in order to align the
  357  budget authority granted with the assessments that must be paid
  358  by each agency to the Department of Management Services for
  359  human resource management services. This section expires July 1,
  360  2010.
  361         Section 12. In order to implement section 48 of the 2009
  362  2010 General Appropriations Act and notwithstanding the
  363  provisions of section 16 of chapter 2008-173, Laws of Florida,
  364  the moneys provided in section 44 are appropriated to offset the
  365  reductions in ad valorem tax revenues experienced by fiscally
  366  constrained counties, as defined in s. 218.67(1), Florida
  367  Statutes, which occur as a direct result of the implementation
  368  of revisions to Article VII of the State Constitution approved
  369  in the special election held on January 29, 2008. The moneys
  370  appropriated for this purpose shall be distributed by October 1,
  371  2009, among the fiscally constrained counties based on each
  372  county’s proportion of the total reduction in ad valorem tax
  373  revenue resulting from the implementation of the revision.
  374  Distributions shall be based on the documentation required to be
  375  submitted to the Department of Revenue by November 1, 2008,
  376  pursuant to s. 218.12, Florida Statutes.
  377         Section 13. In order to implement Specific Appropriation
  378  2971, section 218.12, Florida Statutes, is amended to read:
  379         218.12 Appropriations to offset reductions in ad valorem
  380  tax revenue in fiscally constrained counties.—
  381         (1) Beginning in fiscal year 2008-2009, the Legislature
  382  shall appropriate moneys to offset the reductions in ad valorem
  383  tax revenue experienced by fiscally constrained counties, as
  384  defined in s. 218.67(1), which occur as a direct result of the
  385  implementation of revisions of Art. VII of the State
  386  Constitution approved in the special election held on January
  387  29, 2008. The moneys appropriated for this purpose shall be
  388  distributed in January of each fiscal year among the fiscally
  389  constrained counties based on each county’s proportion of the
  390  total reduction in ad valorem tax revenue resulting from the
  391  implementation of the revision.
  392         (2) On or before November 15 of each year, beginning in
  393  2008, each fiscally constrained county shall apply to the
  394  Department of Revenue to participate in the distribution of the
  395  appropriation and provide documentation supporting the county’s
  396  estimated reduction in ad valorem tax revenue in the form and
  397  manner prescribed by the Department of Revenue. The
  398  documentation must include an estimate of the reduction in
  399  taxable value directly attributable to revisions of Art. VII of
  400  the State Constitution for all county taxing jurisdictions
  401  within the county and shall be prepared by the property
  402  appraiser in each fiscally constrained county. The documentation
  403  must also include the county millage rates applicable in all
  404  such jurisdictions for both the current year and the prior year;
  405  rolled-back rates, determined as provided in s. 200.065, for
  406  each county taxing jurisdiction; and maximum millage rates that
  407  could have been levied by majority vote pursuant to s. 200.185.
  408  For purposes of this section, each fiscally constrained county’s
  409  reduction in ad valorem tax revenue shall be calculated as 95
  410  percent of the estimated reduction in taxable value times the
  411  lesser of the 2007 applicable millage rate or the applicable
  412  millage rate for each county taxing jurisdiction in the prior
  413  year.
  414         (3)In determining the reductions in ad valorem tax
  415  revenues occurring as a result of the implementation of the
  416  revisions to Art. VII of the State Constitution approved in the
  417  special election held on January 29, 2008, the value of
  418  assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the
  419  State Constitution shall include only the reduction in taxable
  420  value for homesteads established in the preceding calendar year.
  421         Section 14. In order to implement Specific Appropriations
  422  2299 through 2320 of the 2009-2010 General Appropriations Act,
  423  present subsection (14) of section 253.034, Florida Statutes, is
  424  redesignated as subsection (15), and a new subsection (14) is
  425  added to that section, to read:
  426         253.034 State-owned lands; uses.—
  427         (14)Notwithstanding the provisions of this section, funds
  428  derived from the sale of property by the Department of Citrus
  429  located in Lakeland, Florida, are authorized to be deposited
  430  into the Citrus Advertising Trust Fund. This subsection expires
  431  July 1, 2010.
  432         Section 15. In order to implement Specific Appropriation
  433  1717 of the 2009-2010 General Appropriations Act, subsection (3)
  434  of section 253.01, Florida Statutes, is amended to read:
  435         253.01 Internal Improvement Trust Fund established.—
  436         (3) In addition to the uses allowed in subsection (2) for
  437  the 2009-2010 2008-2009 fiscal year, moneys in the Internal
  438  Improvement Trust Fund are authorized for grants and aids to
  439  local governments, as provided in the General Appropriations
  440  Act, for the drinking water facility construction state
  441  revolving loan program described in s. 403.8532 and the clean
  442  water state revolving loan program described in s. 403.1835, as
  443  provided in the General Appropriations Act. This subsection
  444  expires July 1, 2010 2009.
  445         Section 16. In order to implement Specific Appropriation
  446  2741 of the 2009-2010 General Appropriations Act, paragraph (b)
  447  of subsection (1) of section 255.518, Florida Statutes, is
  448  reenacted to read:
  449         255.518 Obligations; purpose, terms, approval,
  450  limitations.—
  451         (1)
  452         (b) Payment of debt service charges on obligations during
  453  the construction of any facility financed by such obligations
  454  shall be made from funds other than proceeds of obligations.
  455         Section 17. Section 27 of chapter 2008-153, Laws of
  456  Florida, is repealed.
  457         Section 18. In order to implement Specific Appropriations
  458  2725 through 2738 of the 2009-2010 General Appropriations Act,
  459  subsection (7) of section 255.503, Florida Statutes, is amended
  460  to read:
  461         255.503 Powers of the Department of Management Services.
  462  The Department of Management Services shall have all the
  463  authority necessary to carry out and effectuate the purposes and
  464  provisions of this act, including, but not limited to, the
  465  authority to:
  466         (7)(a) Sell, lease, release, or otherwise dispose of
  467  facilities in the pool in accordance with applicable law.
  468         (b) No later than the date upon which the department
  469  recommends to the Division of State Lands of the Department of
  470  Environmental Protection the disposition of any facility within
  471  the Florida Facilities Pool, the department shall provide to the
  472  President of the Senate, the Speaker of the House of
  473  Representatives, the Executive Office of the Governor, and the
  474  Division of Bond Finance of the State Board of Administration an
  475  analysis that includes:
  476         1. The cost benefit of the proposed facility disposition,
  477  including the facility’s current operating expenses, condition,
  478  and market value, and viable alternatives for work space for
  479  impacted state employees.
  480         2. The effect of the proposed facility disposition on the
  481  financial status of the Florida Facilities Pool, including the
  482  effect on rental rates and coverage requirement for the bonds.
  483  
  484  This paragraph expires July 1, 2010 2009.
  485         Section 19. In order to implement Specific Appropriation
  486  1619, subsection (12) is added to section 373.59, Florida
  487  Statutes, to read:
  488         373.59 Water Management Lands Trust Fund.—
  489         (12)Notwithstanding the provisions of subsection (8) and
  490  for the 2009-2010 fiscal year only, the moneys from the Water
  491  Management Lands Trust Fund shall be allocated as follows:
  492         (a)An amount necessary to pay debt service on bonds issued
  493  before February 1, 2009, by the South Florida Water Management
  494  District and the St. Johns River Water Management District,
  495  which are secured by revenues provided pursuant to this section,
  496  or to fund debt service reserve funds, rebate obligations, or
  497  other amounts payable with respect to such bonds;
  498         (b)Eight million dollars to be transferred to the General
  499  Revenue Fund; and
  500         (c)The remaining funds to be distributed equally between
  501  the Suwannee River Water Management District and the Northwest
  502  Florida Water Management District.
  503         (d)This subsection expires July 1, 2010.
  504         Section 20. In order to implement Specific Appropriation
  505  1741A of the 2009-2010 General Appropriations Act, paragraph (c)
  506  of subsection (5) of section 376.3071, Florida Statutes, is
  507  amended to read:
  508         376.3071 Inland Protection Trust Fund; creation; purposes;
  509  funding.—
  510         (5) SITE SELECTION AND CLEANUP CRITERIA.—
  511         (c) The department shall require source removal, if
  512  warranted and cost-effective, at each site eligible for
  513  restoration funding from the Inland Protection Trust Fund.
  514         1. Funding for free product recovery may be provided in
  515  advance of the order established by the priority ranking system
  516  under paragraph (a) for site cleanup activities. However, a
  517  separate prioritization for free product recovery shall be
  518  established consistent with paragraph (a). No more than $5
  519  million shall be encumbered from the Inland Protection Trust
  520  Fund in any fiscal year for free product recovery conducted in
  521  advance of the priority order under paragraph (a) established
  522  for site cleanup activities.
  523         2. Funding for limited interim soil-source removals for
  524  sites that will become inaccessible for future remediation due
  525  to road infrastructure and right-of-way restrictions resulting
  526  from a pending Department of Transportation road construction
  527  project or for secondary containment upgrading of underground
  528  storage tanks required under chapter 62-761, Florida
  529  Administrative Code, may be provided in advance of the order
  530  established by the priority ranking system under paragraph (a)
  531  for site cleanup activities. The department shall provide
  532  written guidance on the limited source removal information and
  533  technical evaluation necessary to justify a request for a
  534  limited source removal in advance of the priority order pursuant
  535  to paragraph (a) established for site cleanup activities.
  536  Prioritization for limited source removal projects associated
  537  with a secondary containment upgrade in any fiscal year shall be
  538  determined on a first-come, first-served basis according to the
  539  approval date issued under s. 376.30711 for the limited source
  540  removal. Funding for limited source removals associated with
  541  secondary containment upgrades shall be limited to 10 sites in
  542  each fiscal year for each facility owner and any related person.
  543  The limited source removal for secondary containment upgrades
  544  shall be completed no later than 6 months after the department
  545  issues its approval of the project, and the approval
  546  automatically expires at the end of the 6 months. Funding for
  547  Department of Transportation and secondary containment upgrade
  548  source removals may not exceed $50,000 for a single facility
  549  unless the department makes a determination that it is cost
  550  effective and environmentally beneficial to exceed this amount,
  551  but in no event shall the department authorize costs in excess
  552  of $100,000 for a single facility. Department funding for
  553  limited interim soil-source removals associated with Department
  554  of Transportation projects and secondary containment upgrades
  555  shall be limited to supplemental soil assessment, soil
  556  screening, soil removal, backfill material, treatment or
  557  disposal of the contaminated soil, dewatering related to the
  558  contaminated soil removal in an amount of up to 10 percent of
  559  the total interim soil-source removal project costs, treatment,
  560  and disposal of the contaminated groundwater and preparation of
  561  the source removal report. No other costs associated with the
  562  facility upgrade may be paid with department funds. No more than
  563  $1 million for Department of Transportation limited source
  564  removal projects and $10 million for secondary containment
  565  upgrade limited source removal projects conducted in advance of
  566  the priority order established under paragraph (a) for site
  567  cleanup activities shall be encumbered from the Inland
  568  Protection Trust Fund in any fiscal year. This subparagraph is
  569  repealed effective June 30, 2010 2009.
  570         3. Once free product removal and other source removal
  571  identified in this paragraph are completed at a site, and
  572  notwithstanding the order established by the priority ranking
  573  system under paragraph (a) for site cleanup activities, the
  574  department may reevaluate the site to determine the degree of
  575  active cleanup needed to continue site rehabilitation. Further,
  576  the department shall determine if the reevaluated site qualifies
  577  for natural attenuation monitoring or no further action. If
  578  additional site rehabilitation is necessary to reach no further
  579  action status, the site rehabilitation shall be conducted in the
  580  order established by the priority ranking system under paragraph
  581  (a) and the department is encouraged to utilize natural
  582  attenuation and monitoring where site conditions warrant.
  583         Section 21. In order to implement Specific Appropriations
  584  1690, 1691, 1692, 1694, and 1695, subsection (1) of section
  585  403.1651, Florida Statutes, is amended to read:
  586         403.1651 Ecosystem Management and Restoration Trust Fund.—
  587         (1) There is created the Ecosystem Management and
  588  Restoration Trust Fund to be administered by the Department of
  589  Environmental Protection for the purposes of:
  590         (a) Funding the detailed planning for and implementation of
  591  programs for the management and restoration of ecosystems.
  592         (b) Funding the development and implementation of surface
  593  water improvement and management plans and programs under ss.
  594  373.451-373.4595.
  595         (c) Funding activities to restore polluted areas of the
  596  state, as defined by the department, to their condition before
  597  pollution occurred or to otherwise enhance pollution control
  598  activities.
  599         (d) Funding activities to restore or rehabilitate injured
  600  or destroyed coral reefs.
  601         (e) Funding activities by the department to recover moneys
  602  as a result of actions against any person for a violation of
  603  chapter 373.
  604         (f) Funding activities authorized for the implementation of
  605  the Leah Schad Memorial Ocean Outfall Program implemented in s.
  606  403.086(9).
  607         (g)Funding activities to preserve and repair the state’s
  608  beaches as provided in ss. 161.091-161.212.
  609         Section 22. The amendment to s. 403.1651(1), Florida
  610  Statutes, made by this act shall expire July 1, 2010, and the
  611  text of that subsection shall revert to that in existence on
  612  June 30, 2009, except that any amendments to such text enacted
  613  other than by this act shall be preserved and continue to
  614  operate to the extent that such amendments are not dependent
  615  upon the portions of such text which expire pursuant to this
  616  section.
  617         Section 23. In order to implement Specific Appropriations
  618  1294 through 1454 of the 2009-2010 General Appropriations Act,
  619  section 570.20, Florida Statutes, is amended to read:
  620         570.20 General Inspection Trust Fund.—
  621         (1) All donations and all inspection fees and other funds
  622  authorized and received from whatever source in the enforcement
  623  of the inspection laws administered by the department shall be
  624  paid into the General Inspection Trust Fund of Florida, which is
  625  created in the office of the Chief Financial Officer. All
  626  expenses incurred in carrying out the provisions of the
  627  inspection laws shall be paid from this fund as other funds are
  628  paid from the State Treasury. A percentage of all revenue
  629  deposited in this fund, including transfers from any subsidiary
  630  accounts, shall be deposited in the General Revenue Fund
  631  pursuant to chapter 215, except that funds collected for
  632  marketing orders shall pay at the rate of 3 percent.
  633         (2) For the 2009-2010 2008-2009 fiscal year only and
  634  notwithstanding any other provision of law to the contrary, in
  635  addition to the spending authorized in subsection (1), moneys in
  636  the General Inspection Trust Fund may be appropriated for
  637  programs operated by the department which are related to the
  638  programs authorized by this chapter. This subsection expires
  639  July 1, 2010 2009.
  640         Section 24. In order to implement section 54 of the 2009
  641  2010 General Appropriations Act, subsection (13) of section
  642  253.034, Florida Statutes, is amended to read:
  643         253.034 State-owned lands; uses.—
  644         (13) Notwithstanding the provisions of this section, funds
  645  from the sale of property by the Department of Highway Safety
  646  and Motor Vehicles located in Palm Beach County are authorized
  647  to be deposited into the Highway Safety Operating Trust Fund to
  648  facilitate the exchange as provided in the General
  649  Appropriations Act, provided that at the conclusion of both
  650  exchanges the values are equalized. This subsection expires July
  651  1, 2010 2009.
  652         Section 25. In order to implement Specific Appropriation
  653  1998 of the 2009-2010 General Appropriations Act, subsection (8)
  654  of section 332.007, Florida Statutes, is amended to read:
  655         332.007 Administration and financing of aviation and
  656  airport programs and projects; state plan.—
  657         (8) Notwithstanding any other provision of law to the
  658  contrary, the department is authorized to fund security
  659  projects, including operational and maintenance assistance, at
  660  publicly owned public-use airports. For projects in the current
  661  adopted work program, or projects added using the available
  662  budget of the department, airports may request the department
  663  change the project purpose in accordance with this provision
  664  notwithstanding the provisions of s. 339.135(7). For purposes of
  665  this subsection, the department may fund up to 100 percent of
  666  eligible project costs that are not funded by the Federal
  667  Government. This subsection shall expire on June 30, 2012.
  668         Section 26. The amendment to s. 332.007(8), Florida
  669  Statutes, made by this act shall expire July 1, 2010, and the
  670  text of that subsection shall revert to that in existence on
  671  June 30, 2009, except that any amendments to such text enacted
  672  other than by this act shall be preserved and continue to
  673  operate to the extent that such amendments are not dependent
  674  upon the portions of such text which expire pursuant to this
  675  section.
  676         Section 27. In order to implement section 53 of the 2009
  677  2010 General Appropriations Act, paragraph (n) of subsection (1)
  678  of section 339.08, Florida Statutes, is amended to read:
  679         339.08 Use of moneys in State Transportation Trust Fund.—
  680         (1) The department shall expend moneys in the State
  681  Transportation Trust Fund accruing to the department, in
  682  accordance with its annual budget. The use of such moneys shall
  683  be restricted to the following purposes:
  684         (n) To pay administrative expenses incurred in accordance
  685  with applicable laws for a multicounty transportation or
  686  expressway authority created under chapter 343 or chapter 348,
  687  where jurisdiction for the authority includes a portion of the
  688  State Highway System and the administrative expenses are in
  689  furtherance of the duties and responsibilities of the authority
  690  in the development of improvements to the State Highway System.
  691  This paragraph expires July 1, 2010 2009.
  692         Section 28. In order to implement Specific Appropriation
  693  2042 of the 2009-2010 General Appropriations Act, subsection (5)
  694  of section 339.135, Florida Statutes, is amended to read:
  695         339.135 Work program; legislative budget request;
  696  definitions; preparation, adoption, execution, and amendment.—
  697         (5)
  698         (a) ADOPTION OF THE WORK PROGRAM.—The original approved
  699  budget for operational and fixed capital expenditures for the
  700  department shall be the Governor’s budget recommendation and the
  701  first year of the tentative work program, as both are amended by
  702  the General Appropriations Act and any other act containing
  703  appropriations. In accordance with the appropriations act, the
  704  department shall, prior to the beginning of the fiscal year,
  705  adopt a final work program which shall only include the original
  706  approved budget for the department for the ensuing fiscal year
  707  together with any roll forwards approved pursuant to paragraph
  708  (6)(c) and the portion of the tentative work program for the
  709  following 4 fiscal years revised in accordance with the original
  710  approved budget for the department for the ensuing fiscal year
  711  together with said roll forwards. The adopted work program may
  712  include only those projects submitted as part of the tentative
  713  work program developed under the provisions of subsection (4)
  714  plus any projects which are separately identified by specific
  715  appropriation in the General Appropriations Act and any roll
  716  forwards approved pursuant to paragraph (6)(c). However, any
  717  transportation project of the department which is identified by
  718  specific appropriation in the General Appropriations Act shall
  719  be deducted from the funds annually distributed to the
  720  respective district pursuant to paragraph (4)(a). In addition,
  721  the department shall not in any year include any project or
  722  allocate funds to a program in the adopted work program that is
  723  contrary to existing law for that particular year. Projects
  724  shall not be undertaken unless they are listed in the adopted
  725  work program.
  726         (b) Notwithstanding paragraph (a), and for the 2009-2010
  727  2008-2009 fiscal year only, the Department of Transportation
  728  shall transfer funds to the Office of Tourism, Trade, and
  729  Economic Development in an amount equal to $20 million
  730  $36,750,000 for the purpose of funding transportation-related
  731  needs of economic development projects, space and aerospace
  732  infrastructure, and other economic development projects. This
  733  transfer shall not reduce, delete, or defer any existing
  734  projects funded, as of July 1, 2009 2008, in the Department of
  735  Transportation’s 5-year work program. This paragraph expires
  736  July 1, 2010 2009.
  737         (c)Notwithstanding paragraph (a) or subparagraph (4)(a)1.,
  738  and for the 2008-2009 fiscal year only, the Department of
  739  Transportation shall fund projects in Specific Appropriations
  740  2063, 2071, 2077, 2079, 2102, 2106, 2109, and 2116 of the 2008
  741  2009 General Appropriations Act. Funding for these specific
  742  appropriations shall be from projects or phases thereof within
  743  the department’s fiscal year 2008-2009 work program not
  744  programmed for contract letting as identified with a work
  745  program contract class code 8 and the box code RV. This funding
  746  shall not negatively impact safety, preservation, maintenance,
  747  or project contingency levels as of July 1, 2008. This paragraph
  748  expires July 1, 2009.
  749         Section 29. In order to implement Specific Appropriation
  750  1570A of the 2009-2010 General Appropriations Act:
  751         (1)The Florida Homebuyer Opportunity Program is created
  752  within the Florida Housing Finance Corporation. The intent of
  753  the Legislature is to ensure that the state derives the maximum
  754  possible economic benefit from all federal homebuyer assistance
  755  programs by providing loans to homebuyers in an amount equal to
  756  a homebuyer’s anticipated federal assistance. For purposes of
  757  this section, the term “anticipated federal assistance” means
  758  the income tax refund or other federal assistance that a
  759  homebuyer has qualified for but has not yet received.
  760         (2)In order to implement and administer the program, the
  761  corporation shall provide loans to prospective homebuyers, the
  762  amount of which shall be equal to the prospective homebuyer’s
  763  anticipated federal assistance. As a condition of obtaining a
  764  loan under the program, the prospective homebuyer must assign to
  765  the corporation his or her right to receive an income tax refund
  766  or other federal assistance in connection with the purchase of a
  767  primary residence.
  768         (3)The program shall provide loans at market rates of
  769  interest, with payments beginning 18 months after the date of
  770  the closing of the loan. If the program receives the assigned
  771  federal assistance within 18 months after the closing date of
  772  the loan, or if the homebuyer pays off the loan within such
  773  period, the program shall waive all interest charges. All
  774  homebuyer opportunity program loans shall be subject to a
  775  service charge established by the corporation in an amount
  776  calculated to cover the administrative costs of the program.
  777         (4)Administration of the program shall be consistent with
  778  the Federal Housing Administration requirements set forth in
  779  Handbook 4155.1, chapter 1, paragraph 1-13A.
  780         (5)In order to limit the state’s exposure and enhance the
  781  effectiveness of the program, the corporation shall negotiate
  782  with private lenders to borrow additional funds to support the
  783  program and shall pledge the appropriate portion of payments
  784  received from borrowers under the program as repayment of such
  785  loans from private lenders.
  786         (6)This section expires July 1, 2010.
  787         Section 30. In order to implement Specific Appropriations
  788  2677 and 2678 of the 2009-2010 General Appropriations Act:
  789         (1)Notwithstanding the provisions of s. 11.13(1), Florida
  790  Statutes, and section 52 of chapter 2008-53, Laws of Florida,
  791  relating to the annual adjustment of salaries for members of the
  792  Legislature, to the contrary, for the 2009-2010 fiscal year
  793  only, the authorized salaries of members of the Legislature in
  794  effect on June 30, 2009, shall be reduced by 6 percent.
  795         (2)Effective June 30, 2010, the annual salaries of members
  796  of the Legislature shall be set at the amounts authorized and in
  797  effect on June 30, 2009, pursuant to subsection (2) of section
  798  52 of chapter 2008-153, Laws of Florida.
  799         (3)This section expires July 1, 2010.
  800         Section 31. In order to implement the appropriations
  801  provided in the 2009-2010 General Appropriations Act to each
  802  agency for cellular phone equipment and services, and to ensure
  803  the cost-effective acquisition and use of wireless devices:
  804         (1)Each agency shall develop a wireless device assignment
  805  plan that limits use of cellular telephones, personal digital
  806  assistants (PDAs), and other devices to only those employees
  807  who, as part of their official assigned duties, must routinely
  808  be immediately available to citizens, supervisors, or
  809  subordinates; be available to respond to emergency situations;
  810  be available to calls outside of regular working hours; have
  811  access to the technology in order to productively perform job
  812  duties in the field; or have limited or no access to a standard
  813  phone, or have no ability to use a personal cell phone, if
  814  needed. The plan shall result in reducing the number of wireless
  815  devices used in each agency.
  816         (2)Each agency must review the use of cellular telephones,
  817  PDAs, and other wireless devices by employees and submit a
  818  report to the President of the Senate and the Speaker of the
  819  House of Representatives by September 1, 2009. The report shall
  820  include:
  821         (a)The criteria that the agency has developed to limit
  822  assignment of wireless devices;
  823         (b)The results of implementing the wireless device
  824  assignment plan, including the reduction in the number of
  825  wireless devices used and the cost of such devices;
  826         (c)The number of wireless devices that remain in use by
  827  type and expenditures by type of device and total agency
  828  expenditures for wireless devices;
  829         (d)The procurement method used to procure wireless devices
  830  and the rationale for procuring wireless devices by any
  831  mechanism other than statewide term contracts and side-by-side
  832  comparison of costs for services purchased through the statewide
  833  term contracts and the mechanisms otherwise used by the agency;
  834  and
  835         (e)A description of innovative techniques the agency has
  836  used to manage wireless devices that have improved efficiency or
  837  reduced costs, which may be applicable for implementation by
  838  other agencies.
  839         Section 32. In order to implement the transfer of moneys to
  840  the General Revenue Fund from trust funds in the 2009-2010
  841  General Appropriations Act, paragraph (b) of subsection (2) of
  842  section 215.32, Florida Statutes, is reenacted to read:
  843         215.32 State funds; segregation.—
  844         (2) The source and use of each of these funds shall be as
  845  follows:
  846         (b)
  847         1. The trust funds shall consist of moneys received by the
  848  state which under law or under trust agreement are segregated
  849  for a purpose authorized by law. The state agency or branch of
  850  state government receiving or collecting such moneys shall be
  851  responsible for their proper expenditure as provided by law.
  852  Upon the request of the state agency or branch of state
  853  government responsible for the administration of the trust fund,
  854  the Chief Financial Officer may establish accounts within the
  855  trust fund at a level considered necessary for proper
  856  accountability. Once an account is established within a trust
  857  fund, the Chief Financial Officer may authorize payment from
  858  that account only upon determining that there is sufficient cash
  859  and releases at the level of the account.
  860         2. In addition to other trust funds created by law, to the
  861  extent possible, each agency shall use the following trust funds
  862  as described in this subparagraph for day-to-day operations:
  863         a. Operations or operating trust fund, for use as a
  864  depository for funds to be used for program operations funded by
  865  program revenues, with the exception of administrative
  866  activities when the operations or operating trust fund is a
  867  proprietary fund.
  868         b. Operations and maintenance trust fund, for use as a
  869  depository for client services funded by third-party payors.
  870         c. Administrative trust fund, for use as a depository for
  871  funds to be used for management activities that are departmental
  872  in nature and funded by indirect cost earnings and assessments
  873  against trust funds. Proprietary funds are excluded from the
  874  requirement of using an administrative trust fund.
  875         d. Grants and donations trust fund, for use as a depository
  876  for funds to be used for allowable grant or donor agreement
  877  activities funded by restricted contractual revenue from private
  878  and public nonfederal sources.
  879         e. Agency working capital trust fund, for use as a
  880  depository for funds to be used pursuant to s. 216.272.
  881         f. Clearing funds trust fund, for use as a depository for
  882  funds to account for collections pending distribution to lawful
  883  recipients.
  884         g. Federal grant trust fund, for use as a depository for
  885  funds to be used for allowable grant activities funded by
  886  restricted program revenues from federal sources.
  887  
  888  To the extent possible, each agency must adjust its internal
  889  accounting to use existing trust funds consistent with the
  890  requirements of this subparagraph. If an agency does not have
  891  trust funds listed in this subparagraph and cannot make such
  892  adjustment, the agency must recommend the creation of the
  893  necessary trust funds to the Legislature no later than the next
  894  scheduled review of the agency’s trust funds pursuant to s.
  895  215.3206.
  896         3. All such moneys are hereby appropriated to be expended
  897  in accordance with the law or trust agreement under which they
  898  were received, subject always to the provisions of chapter 216
  899  relating to the appropriation of funds and to the applicable
  900  laws relating to the deposit or expenditure of moneys in the
  901  State Treasury.
  902         4.a. Notwithstanding any provision of law restricting the
  903  use of trust funds to specific purposes, unappropriated cash
  904  balances from selected trust funds may be authorized by the
  905  Legislature for transfer to the Budget Stabilization Fund and
  906  General Revenue Fund in the General Appropriations Act.
  907         b. This subparagraph does not apply to trust funds required
  908  by federal programs or mandates; trust funds established for
  909  bond covenants, indentures, or resolutions whose revenues are
  910  legally pledged by the state or public body to meet debt service
  911  or other financial requirements of any debt obligations of the
  912  state or any public body; the State Transportation Trust Fund;
  913  the trust fund containing the net annual proceeds from the
  914  Florida Education Lotteries; the Florida Retirement System Trust
  915  Fund; trust funds under the management of the State Board of
  916  Education or the Board of Governors of the State University
  917  System, where such trust funds are for auxiliary enterprises,
  918  self-insurance, and contracts, grants, and donations, as those
  919  terms are defined by general law; trust funds that serve as
  920  clearing funds or accounts for the Chief Financial Officer or
  921  state agencies; trust funds that account for assets held by the
  922  state in a trustee capacity as an agent or fiduciary for
  923  individuals, private organizations, or other governmental units;
  924  and other trust funds authorized by the State Constitution.
  925         Section 33. Paragraph (b) of subsection (4) of section
  926  215.5601, Florida Statutes, is reenacted to read:
  927         215.5601 Lawton Chiles Endowment Fund.—
  928         (4) ADMINISTRATION.—
  929         (b) The endowment shall be managed as an annuity. The
  930  investment objective shall be long-term preservation of the real
  931  value of the net contributed principal and a specified regular
  932  annual cash outflow for appropriation, as nonrecurring revenue.
  933  From the annual cash outflow, a pro rata share shall be used
  934  solely for biomedical research activities as provided in
  935  paragraph (3)(d), until such time as cures are found for
  936  tobacco-related cancer and heart and lung disease. Five percent
  937  of the annual cash outflow dedicated to the biomedical research
  938  portion of the endowment shall be reinvested and applied to that
  939  portion of the endowment’s principal, with the remainder to be
  940  spent on biomedical research activities consistent with this
  941  section. The schedule of annual cash outflow shall be included
  942  within the investment plan adopted under paragraph (a).
  943  Withdrawals other than specified regular cash outflow shall be
  944  considered reductions in contributed principal for the purposes
  945  of this subsection.
  946         Section 34. Section 49 of chapter 2008-153, Laws of
  947  Florida, is repealed.
  948         Section 35. In order to implement the issuance of new debt
  949  authorized in the 2009-2010 General Appropriations Act, and
  950  pursuant to the requirements of s. 215.98, Florida Statutes, the
  951  Legislature determines that the authorization and issuance of
  952  debt for the 2009-2010 fiscal year should be implemented and is
  953  in the best interest of the state and necessary to address a
  954  critical state emergency. This section expires July 1, 2010.
  955         Section 36. In order to implement the funds appropriated in
  956  the 2009-2010 General Appropriations Act for state employee
  957  travel, the funds appropriated to each state agency, which may
  958  be used for travel by state employees, shall be limited during
  959  the 2009-2010 fiscal year to travel for activities that are
  960  critical to each state agency’s mission. Funds may not be used
  961  to pay for travel by state employees to foreign countries, other
  962  states, conferences, staff-training activities, or other
  963  administrative functions unless the agency head has approved in
  964  writing that such activities are critical to the agency’s
  965  mission. The agency head must consider the use of
  966  teleconferencing and other forms of electronic communication to
  967  meet the needs of the proposed activity before approving
  968  mission-critical travel. This section does not apply to travel
  969  for law enforcement purposes, military purposes, emergency
  970  management activities, or public health activities.
  971         Section 37. A section of this act that implements a
  972  specific appropriation or specifically identified proviso
  973  language in the 2009-2010 General Appropriations Act is void if
  974  the specific appropriation or specifically identified proviso
  975  language is vetoed. A section of this act which implements more
  976  than one specific appropriation or more than one portion of
  977  specifically identified proviso language in the 2009-2010
  978  General Appropriations Act is void if all the specific
  979  appropriations or portions of specifically identified proviso
  980  language are vetoed.
  981         Section 38. If any other act passed during the 2009 Regular
  982  Session contains a provision that is substantively the same as a
  983  provision in this act, but that removes or is otherwise not
  984  subject to the future repeal applied to such provision by this
  985  act, the Legislature intends that the provision in the other act
  986  takes precedence and continues to operate, notwithstanding the
  987  future repeal provided by this act.
  988         Section 39. If any provision of this act or its application
  989  to any person or circumstance is held invalid, the invalidity
  990  does not affect other provisions or applications of the act
  991  which can be given effect without the invalid provision or
  992  application, and to this end the provisions of this act are
  993  severable.
  994         Section 40. This act shall take effect July 1, 2009; or, if
  995  this act fails to become a law until after that date, it shall
  996  take effect upon becoming a law and shall operate retroactively
  997  to July 1, 2009.