HB 5003

1
A bill to be entitled
2An act relating to implementing the 2009-2010 General
3Appropriations Act; providing legislative intent; amending
4ss. 1009.534, 1009.535, and 1009.536, F.S.; providing that
5Florida Academic Scholars, Florida Medallion Scholars, and
6Florida Gold Seal Vocational Scholars are eligible for
7awards equal to the amount specified in the 2009-2010
8General Appropriations Act; amending s. 215.559, F.S.;
9providing for allocation of funds appropriated to the
10Hurricane Loss Mitigation Program for specified purposes;
11amending s. 339.135, F.S.; providing for use of
12transportation revenues; providing for revised funding
13levels for Department of Transportation projects;
14requiring the Department of Transportation to transfer
15funds to the Office of Tourism, Trade, and Economic
16Development for the purpose of funding transportation-
17related needs of economic development; removing an
18obsolete provision; amending s. 337.025, F.S.; authorizing
19the Department of Transportation to utilize innovative
20contracting methods for projects funded under the American
21Recovery Reinvestment Act of 2009; reenacting s.
22215.32(2)(b), F.S., relating to the source and use of
23certain trust funds in order to implement the transfer of
24moneys to the General Revenue Fund from trust funds in the
252009-2010 General Appropriations Act; amending s. 216.181,
26F.S.; permitting the Legislative Budget Commission to
27approve changes appropriated for fixed capital outlay
28projects when a state agency request is filed with the
29Executive Office of the Governor and funding is derived
30from the American Recovery and Reinvestment Act of 2009;
31amending s. 339.08, F.S.; authorizing the transfer of
32specified moneys from the State Transportation Trust Fund
33to the General Revenue Fund; reducing the amount
34transferred from certain transportation calculation
35requirements; providing for future expiration of various
36provisions; providing for the effect of a veto of one or
37more specific appropriations or proviso to which
38implementing language refers; providing for the continued
39operation of certain provisions notwithstanding a future
40repeal or expiration provided by this act; providing for
41severability; providing an effective date.
42
43Be It Enacted by the Legislature of the State of Florida:
44
45     Section 1.  It is the intent of the Legislature that the
46implementing and administering provisions of this act apply to
47the General Appropriations Act for the 2009-2010 fiscal year.
48     Section 2.  In order to implement Specific Appropriation 3
49of the 2009-2010 General Appropriations Act, subsection (5) is
50added to section 1009.534, Florida Statutes, to read:
51     1009.534  Florida Academic Scholars award.--
52     (5)  Notwithstanding subsections (2) and (4), a Florida
53Academic Scholar is eligible for an award equal to the amount
54specified in the General Appropriations Act for the 2009-2010
55academic year. This subsection expires July 1, 2010.
56     Section 3.  In order to implement Specific Appropriation 3
57of the 2009-2010 General Appropriations Act, subsection (4) is
58added to section 1009.535, Florida Statutes, to read:
59     1009.535  Florida Medallion Scholars award.--
60     (4)  Notwithstanding subsection (2), a Florida Medallion
61Scholar is eligible for an award equal to the amount specified
62in the General Appropriations Act for the 2009-2010 academic
63year. This subsection expires July 1, 2010.
64     Section 4.  In order to implement Specific Appropriation 3
65of the 2009-2010 General Appropriations Act, subsection (5) is
66added to section 1009.536, Florida Statutes, to read:
67     1009.536  Florida Gold Seal Vocational Scholars award.--The
68Florida Gold Seal Vocational Scholars award is created within
69the Florida Bright Futures Scholarship Program to recognize and
70reward academic achievement and career preparation by high
71school students who wish to continue their education.
72     (5)  Notwithstanding subsection (2), a Florida Gold Seal
73Vocational Scholar is eligible for an award equal to the amount
74specified in the General Appropriations Act for the 2009-2010
75academic year. This subsection expires July 1, 2010.
76     Section 5.  In order to implement Specific Appropriation
771541 of the 2009-2010 General Appropriations Act, subsection (8)
78of section 215.559, Florida Statutes, is amended, and a new
79subsection (8) is added to that section, to read:
80     215.559  Hurricane Loss Mitigation Program.--
81     (8)(a)  Notwithstanding any other provision of this section
82and for the 2009-2010 fiscal year only, the $7 million
83appropriation provided for in paragraph (2)(a) shall be
84allocated as follows:
85     1.  The sum of $3.5 million shall be transferred to the
86Department of Financial Services for the My Safe Florida Home
87Program as provided for in s. 215.5586.
88     2.  The sum of $3,421,764 shall be used for programs to
89improve the wind resistance of residences and mobile homes,
90including loans, subsidies, grants, demonstration projects, and
91direct assistance; educating persons concerning the Florida
92Building Code cooperative programs with local governments and
93the Federal Government; and other efforts to prevent or reduce
94losses or reduce the cost of rebuilding after a disaster.
95     3.  The sum of $78,236 shall be allocated for operational
96purposes of the department as specified in the 2009-2010 General
97Appropriations Act.
98     (b)  This subsection expires July 1, 2010.
99     (8)(a)  Notwithstanding any other provision of this section
100and for the 2008-2009 fiscal year only, the $10 million
101appropriation provided for in subsection (1) shall be allocated
102as follows:
103     1.  The sum of $2.8 million shall be used to inspect and
104improve tie-downs for mobile homes for the same purpose as
105specified in paragraph (3)(a).
106     2.  The sum of $700,000 shall be allocated to the Florida
107International University for the same purpose as specified in
108subsection (4).
109     3.  The sum of $6,421,764 shall be used to install
110emergency power generators in special-needs hurricane evacuation
111shelters as provided in s. 1, ch. 2006-71, Laws of Florida,
112except that such funds may not be used for administrative
113purposes.
114     4.  The sum of $78,236 shall be allocated for operational
115purposes of the department as specified in the 2008-2009 General
116Appropriations Act.
117     (b)  This subsection expires July 1, 2009.
118     Section 6.  In order to implement section 18 of the 2009-
1192010 General Appropriations Act, paragraph (a) of subsection (4)
120and subsection (5) of section 339.135, Florida Statutes, are
121amended to read:
122     339.135  Work program; legislative budget request;
123definitions; preparation, adoption, execution, and amendment.--
124     (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
125     (a)1.  To assure that no district or county is penalized
126for local efforts to improve the State Highway System, the
127department shall, for the purpose of developing a tentative work
128program, allocate funds for new construction to the districts,
129except for the turnpike enterprise, based on equal parts of
130population and motor fuel tax collections. Funds for
131resurfacing, bridge repair and rehabilitation, bridge fender
132system construction or repair, public transit projects except
133public transit block grants as provided in s. 341.052, and other
134programs with quantitative needs assessments shall be allocated
135based on the results of these assessments. The department may
136not transfer any funds allocated to a district under this
137paragraph to any other district except as provided in subsection
138(7). Funds for public transit block grants shall be allocated to
139the districts pursuant to s. 341.052. Funds for the intercity
140bus program provided for under s. 5311(f) of the federal
141nonurbanized area formula program shall be administered and
142allocated directly to eligible bus carriers as defined in s.
143341.031(12) at the state level rather than the district. In
144order to provide state funding to support the intercity bus
145program provided for under provisions of the federal 5311(f)
146program, the department shall allocate an amount equal to the
147federal share of the 5311(f) program from amounts calculated
148pursuant to s. 206.46(3).
149     2.  Notwithstanding the provisions of subparagraph 1., the
150department shall allocate at least 50 percent of any new
151discretionary highway capacity funds to the Florida Strategic
152Intermodal System created pursuant to s. 339.61. Any remaining
153new discretionary highway capacity funds shall be allocated to
154the districts for new construction as provided in subparagraph
1551. For the purposes of this subparagraph, the term "new
156discretionary highway capacity funds" means any funds available
157to the department above the prior year funding level for
158capacity improvements, which the department has the discretion
159to allocate to highway projects.
160     3.  Notwithstanding subparagraph 1. and ss. 206.46(3),
161334.044(26), and 339.2819(3), and for the fiscal year 2009-2010
162only, the department shall reduce work program levels to balance
163the finance plan to the revised funding levels resulting from
164any reduction in the 2009-2010 General Appropriations Act. This
165subparagraph expires July 1, 2010.
166     4.  For the fiscal year 2009-2010 only, prior to any
167project or phase thereof being deferred, the reductions in
168subparagraph 3. shall be made to financial projects not
169programmed for contract letting as identified with a work
170program contract class code 8 and the box code RV, excluding
171reserves for public transit project development. These
172reductions shall not negatively impact safety, preservation,
173maintenance, or project contingency levels as of July 1, 2009.
174This subparagraph expires July 1, 2010.
175     (5)(a)  ADOPTION OF THE WORK PROGRAM.--
176     (a)  The original approved budget for operational and fixed
177capital expenditures for the department shall be the Governor's
178budget recommendation and the first year of the tentative work
179program, as both are amended by the General Appropriations Act
180and any other act containing appropriations. In accordance with
181the appropriations act, the department shall, prior to the
182beginning of the fiscal year, adopt a final work program which
183shall only include the original approved budget for the
184department for the ensuing fiscal year together with any roll
185forwards approved pursuant to paragraph (6)(c) and the portion
186of the tentative work program for the following 4 fiscal years
187revised in accordance with the original approved budget for the
188department for the ensuing fiscal year together with said roll
189forwards. The adopted work program may include only those
190projects submitted as part of the tentative work program
191developed under the provisions of subsection (4) plus any
192projects which are separately identified by specific
193appropriation in the General Appropriations Act and any roll
194forwards approved pursuant to paragraph (6)(c). However, any
195transportation project of the department which is identified by
196specific appropriation in the General Appropriations Act shall
197be deducted from the funds annually distributed to the
198respective district pursuant to paragraph (4)(a). In addition,
199the department shall not in any year include any project or
200allocate funds to a program in the adopted work program that is
201contrary to existing law for that particular year. Projects
202shall not be undertaken unless they are listed in the adopted
203work program.
204     (b)  Notwithstanding paragraph (a), and for the 2009-2010
2052008-2009 fiscal year only, the Department of Transportation
206shall transfer funds to the Office of Tourism, Trade, and
207Economic Development in an amount equal to $20,300,000
208$36,750,000 for the purpose of funding transportation-related
209needs of economic development projects, space and aerospace
210infrastructure, and other economic development projects. This
211transfer shall not reduce, delete, or defer any existing
212projects funded, as of July 1, 2009 2008, in the Department of
213Transportation's 5-year work program. This paragraph expires
214July 1, 2010 2009.
215     (c)  Notwithstanding paragraph (a) or subparagraph
216(4)(a)1., and for the 2008-2009 fiscal year only, the Department
217of Transportation shall fund projects in Specific Appropriations
2182063, 2071, 2077, 2079, 2102, 2106, 2109, and 2116 of the 2008-
2192009 General Appropriations Act. Funding for these specific
220appropriations shall be from projects or phases thereof within
221the department's fiscal year 2008-2009 work program not
222programmed for contract letting as identified with a work
223program contract class code 8 and the box code RV. This funding
224shall not negatively impact safety, preservation, maintenance,
225or project contingency levels as of July 1, 2008. This paragraph
226expires July 1, 2009.
227     Section 7.  In order to implement Specific Appropriations
2281986 through 2095 of the 2009-2010 General Appropriations Act,
229section 337.025, Florida Statutes, is amended to read:
230     337.025  Innovative highway projects; department to
231establish program.--
232     (1)  The department is authorized to establish a program
233for highway projects demonstrating innovative techniques of
234highway construction, maintenance, and finance which have the
235intended effect of controlling time and cost increases on
236construction projects. Such techniques may include, but are not
237limited to, state-of-the-art technology for pavement, safety,
238and other aspects of highway construction and maintenance;
239innovative bidding and financing techniques; accelerated
240construction procedures; and those techniques that have the
241potential to reduce project life cycle costs. To the maximum
242extent practical, the department must use the existing process
243to award and administer construction and maintenance contracts.
244When specific innovative techniques are to be used, the
245department is not required to adhere to those provisions of law
246that would prevent, preclude, or in any way prohibit the
247department from using the innovative technique. However, prior
248to using an innovative technique that is inconsistent with
249another provision of law, the department must document in
250writing the need for the exception and identify what benefits
251the traveling public and the affected community are anticipated
252to receive. The department may enter into no more than $120
253million in contracts annually for the purposes authorized by
254this section. However, the annual cap on contracts provided in
255this section shall not apply to turnpike enterprise projects nor
256shall turnpike enterprise projects be counted toward the
257department's annual cap.
258     (2)  For the 2009-2010 fiscal year only, the annual cap
259provided in subsection (1) shall not apply to transportation
260projects funded by the American Recovery and Reinvestment Act of
2612009. This subsection expires July 1, 2010.
262     Section 8.  In order to implement the transfer of moneys to
263the General Revenue Fund from trust funds in the 2009-2010
264General Appropriations Act, paragraph (b) of subsection (2) of
265section 215.32, Florida Statutes, is reenacted to read:
266     215.32  State funds; segregation.--
267     (2)  The source and use of each of these funds shall be as
268follows:
269     (b)1.  The trust funds shall consist of moneys received by
270the state which under law or under trust agreement are
271segregated for a purpose authorized by law. The state agency or
272branch of state government receiving or collecting such moneys
273shall be responsible for their proper expenditure as provided by
274law. Upon the request of the state agency or branch of state
275government responsible for the administration of the trust fund,
276the Chief Financial Officer may establish accounts within the
277trust fund at a level considered necessary for proper
278accountability. Once an account is established within a trust
279fund, the Chief Financial Officer may authorize payment from
280that account only upon determining that there is sufficient cash
281and releases at the level of the account.
282     2.  In addition to other trust funds created by law, to the
283extent possible, each agency shall use the following trust funds
284as described in this subparagraph for day-to-day operations:
285     a.  Operations or operating trust fund, for use as a
286depository for funds to be used for program operations funded by
287program revenues, with the exception of administrative
288activities when the operations or operating trust fund is a
289proprietary fund.
290     b.  Operations and maintenance trust fund, for use as a
291depository for client services funded by third-party payors.
292     c.  Administrative trust fund, for use as a depository for
293funds to be used for management activities that are departmental
294in nature and funded by indirect cost earnings and assessments
295against trust funds. Proprietary funds are excluded from the
296requirement of using an administrative trust fund.
297     d.  Grants and donations trust fund, for use as a
298depository for funds to be used for allowable grant or donor
299agreement activities funded by restricted contractual revenue
300from private and public nonfederal sources.
301     e.  Agency working capital trust fund, for use as a
302depository for funds to be used pursuant to s. 216.272.
303     f.  Clearing funds trust fund, for use as a depository for
304funds to account for collections pending distribution to lawful
305recipients.
306     g.  Federal grant trust fund, for use as a depository for
307funds to be used for allowable grant activities funded by
308restricted program revenues from federal sources.
309
310To the extent possible, each agency must adjust its internal
311accounting to use existing trust funds consistent with the
312requirements of this subparagraph. If an agency does not have
313trust funds listed in this subparagraph and cannot make such
314adjustment, the agency must recommend the creation of the
315necessary trust funds to the Legislature no later than the next
316scheduled review of the agency's trust funds pursuant to s.
317215.3206.
318     3.  All such moneys are hereby appropriated to be expended
319in accordance with the law or trust agreement under which they
320were received, subject always to the provisions of chapter 216
321relating to the appropriation of funds and to the applicable
322laws relating to the deposit or expenditure of moneys in the
323State Treasury.
324     4.a.  Notwithstanding any provision of law restricting the
325use of trust funds to specific purposes, unappropriated cash
326balances from selected trust funds may be authorized by the
327Legislature for transfer to the Budget Stabilization Fund and
328General Revenue Fund in the General Appropriations Act.
329     b.  This subparagraph does not apply to trust funds
330required by federal programs or mandates; trust funds
331established for bond covenants, indentures, or resolutions whose
332revenues are legally pledged by the state or public body to meet
333debt service or other financial requirements of any debt
334obligations of the state or any public body; the State
335Transportation Trust Fund; the trust fund containing the net
336annual proceeds from the Florida Education Lotteries; the
337Florida Retirement System Trust Fund; trust funds under the
338management of the State Board of Education or the Board of
339Governors of the State University System, where such trust funds
340are for auxiliary enterprises, self-insurance, and contracts,
341grants, and donations, as those terms are defined by general
342law; trust funds that serve as clearing funds or accounts for
343the Chief Financial Officer or state agencies; trust funds that
344account for assets held by the state in a trustee capacity as an
345agent or fiduciary for individuals, private organizations, or
346other governmental units; and other trust funds authorized by
347the State Constitution.
348     Section 9.  Paragraph (d) is added to subsection (11) of
349section 216.181, Florida Statutes, to read:
350     216.181  Approved budgets for operations and fixed capital
351outlay.--
352     (11)
353     (d)  For the fiscal year 2009-2010 only, changes in the
354amounts appropriated for fixed capital outlay projects may be
355approved by the Legislative Budget Commission pursuant to the
356request of a state agency filed with the Executive Office of the
357Governor if the project's funding is derived from the American
358Recovery and Reinvestment Act of 2009. This paragraph expires
359July 1, 2010.
360
361The provisions of this subsection are subject to the notice and
362objection procedures set forth in s. 216.177.
363     Section 10.  In order to implement section 18 of the 2009-
3642010 General Appropriations Act, subsection (4) is added to
365section 339.08, Florida Statutes, to read:
366     339.08  Use of moneys in State Transportation Trust Fund.--
367     (4)  For the 2009-2010 fiscal year only and notwithstanding
368the provisions of this section and ss. 339.09(1) and
369215.32(2)(b)4., funds may be transferred from the State
370Transportation Trust Fund to the General Revenue Fund as
371specified in the General Appropriations Act. Notwithstanding ss.
372206.46(3) and 206.606(2), the total amount transferred shall be
373reduced from total state revenues deposited into the State
374Transportation Trust Fund for the calculation requirements of
375ss. 206.46(3) and 206.606(2). This subsection expires July 1,
3762010.
377     Section 11.  A section of this act that implements a
378specific appropriation or specifically identified proviso
379language in the 2009-2010 General Appropriations Act is void if
380the specific appropriation or specifically identified proviso
381language is vetoed. A section of this act that implements more
382than one specific appropriation or more than one portion of
383specifically identified proviso language in the 2009-2010
384General Appropriations Act is void if all the specific
385appropriations or portions of specifically identified proviso
386language are vetoed.
387     Section 12.  If any other act passed in 2009 contains a
388provision that is substantively the same as a provision in this
389act, but that removes or is otherwise not subject to the future
390repeal applied to such provision by this act, the Legislature
391intends that the provision in the other act shall take
392precedence and shall continue to operate, notwithstanding the
393future repeal provided by this act.
394     Section 13.  If any provision of this act or its
395application to any person or circumstance is held invalid, the
396invalidity does not affect other provisions or applications of
397the act which can be given effect without the invalid provision
398or application, and to this end the provisions of this act are
399severable.
400     Section 14.  This act shall take effect July 1, 2009.


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