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. 332.007, F.S.; authorizing the Department of
12Transportation to fund operational and maintenance
13assistance security projects at publicly owned public-use
14airports; providing for the future expiration of such
15authority and the reversion of statutory text; amending s.
16339.135, F.S.; providing for use of transportation
17revenues; providing for revised funding levels for
18Department of Transportation projects; requiring the
19Department of Transportation to transfer funds to the
20Office of Tourism, Trade, and Economic Development for the
21purpose of funding transportation-related needs of
22economic development; removing an obsolete provision;
23amending s. 337.025, F.S.; authorizing the Department of
24Transportation to utilize innovative contracting methods
25for projects funded under the American Recovery
26Reinvestment Act of 2009; reenacting s. 215.32(2)(b),
27F.S., relating to the source and use of certain trust
28funds in order to implement the transfer of moneys to the
29General Revenue Fund from trust funds in the 2009-2010
30General Appropriations Act; amending s. 216.181, F.S.;
31permitting the Legislative Budget Commission to approve
32changes appropriated for fixed capital outlay projects
33when a state agency request is filed with the Executive
34Office of the Governor and funding is derived from the
35American Recovery and Reinvestment Act of 2009; amending
36s. 339.08, F.S.; authorizing the transfer of specified
37moneys from the State Transportation Trust Fund to the
38General Revenue Fund; reducing the amount transferred from
39certain transportation calculation requirements; providing
40for future expiration of various provisions; providing for
41the effect of a veto of one or more specific
42appropriations or proviso to which implementing language
43refers; providing for the continued operation of certain
44provisions notwithstanding a future repeal or expiration
45provided by this act; providing for severability;
46providing an effective date.
47
48Be It Enacted by the Legislature of the State of Florida:
49
50     Section 1.  It is the intent of the Legislature that the
51implementing and administering provisions of this act apply to
52the General Appropriations Act for the 2009-2010 fiscal year.
53     Section 2.  In order to implement Specific Appropriation 3
54of the 2009-2010 General Appropriations Act, subsection (5) is
55added to section 1009.534, Florida Statutes, to read:
56     1009.534  Florida Academic Scholars award.--
57     (5)  Notwithstanding subsections (2) and (4), a Florida
58Academic Scholar is eligible for an award equal to the amount
59specified in the General Appropriations Act for the 2009-2010
60academic year. This subsection expires July 1, 2010.
61     Section 3.  In order to implement Specific Appropriation 3
62of the 2009-2010 General Appropriations Act, subsection (4) is
63added to section 1009.535, Florida Statutes, to read:
64     1009.535  Florida Medallion Scholars award.--
65     (4)  Notwithstanding subsection (2), a Florida Medallion
66Scholar is eligible for an award equal to the amount specified
67in the General Appropriations Act for the 2009-2010 academic
68year. This subsection expires July 1, 2010.
69     Section 4.  In order to implement Specific Appropriation 3
70of the 2009-2010 General Appropriations Act, subsection (5) is
71added to section 1009.536, Florida Statutes, to read:
72     1009.536  Florida Gold Seal Vocational Scholars award.--The
73Florida Gold Seal Vocational Scholars award is created within
74the Florida Bright Futures Scholarship Program to recognize and
75reward academic achievement and career preparation by high
76school students who wish to continue their education.
77     (5)  Notwithstanding subsection (2), a Florida Gold Seal
78Vocational Scholar is eligible for an award equal to the amount
79specified in the General Appropriations Act for the 2009-2010
80academic year. This subsection expires July 1, 2010.
81     Section 5.  In order to implement Specific Appropriation
821541 of the 2009-2010 General Appropriations Act, subsection (8)
83of section 215.559, Florida Statutes, is amended, and a new
84subsection (8) is added to that section, to read:
85     215.559  Hurricane Loss Mitigation Program.--
86     (8)(a)  Notwithstanding any other provision of this section
87and for the 2009-2010 fiscal year only, the $7 million
88appropriation provided for in paragraph (2)(a) shall be
89allocated as follows:
90     1.  The sum of $3.5 million shall be transferred to the
91Department of Financial Services for the My Safe Florida Home
92Program as provided for in s. 215.5586.
93     2.  The sum of $3,421,764 shall be used for programs to
94improve the wind resistance of residences and mobile homes,
95including loans, subsidies, grants, demonstration projects, and
96direct assistance; educating persons concerning the Florida
97Building Code cooperative programs with local governments and
98the Federal Government; and other efforts to prevent or reduce
99losses or reduce the cost of rebuilding after a disaster.
100     3.  The sum of $78,236 shall be allocated for operational
101purposes of the department as specified in the 2009-2010 General
102Appropriations Act.
103     (b)  This subsection expires July 1, 2010.
104     (8)(a)  Notwithstanding any other provision of this section
105and for the 2008-2009 fiscal year only, the $10 million
106appropriation provided for in subsection (1) shall be allocated
107as follows:
108     1.  The sum of $2.8 million shall be used to inspect and
109improve tie-downs for mobile homes for the same purpose as
110specified in paragraph (3)(a).
111     2.  The sum of $700,000 shall be allocated to the Florida
112International University for the same purpose as specified in
113subsection (4).
114     3.  The sum of $6,421,764 shall be used to install
115emergency power generators in special-needs hurricane evacuation
116shelters as provided in s. 1, ch. 2006-71, Laws of Florida,
117except that such funds may not be used for administrative
118purposes.
119     4.  The sum of $78,236 shall be allocated for operational
120purposes of the department as specified in the 2008-2009 General
121Appropriations Act.
122     (b)  This subsection expires July 1, 2009.
123     Section 6.  In order to implement Specific Appropriation
1241998 of the 2009-2010 General Appropriations Act, subsection (8)
125of section 332.007, Florida Statutes, is amended to read:
126     332.007  Administration and financing of aviation and
127airport programs and projects; state plan.--
128     (8)  Notwithstanding any other provision of law to the
129contrary, the department is authorized to fund security
130projects, including operational and maintenance assistance, at
131publicly owned public-use airports. For projects in the current
132adopted work program, or projects added using the available
133budget of the department, airports may request the department
134change the project purpose in accordance with this provision
135notwithstanding the provisions of s. 339.135(7). For purposes of
136this subsection, the department may fund up to 100 percent of
137eligible project costs that are not funded by the Federal
138Government. This subsection shall expire on June 30, 2012.
139     Section 7.  The amendment to s. 332.007(8), Florida
140Statutes, made by this act shall expire July 1, 2010, and the
141text of that subsection shall revert to that in existence on
142June 30, 2009, except that any amendments to such text enacted
143other than by this act shall be preserved and continue to
144operate to the extent that such amendments are not dependent
145upon the portions of such text which expire pursuant to this
146section.
147     Section 8.  In order to implement section 18 of the 2009-
1482010 General Appropriations Act, paragraph (a) of subsection (4)
149and subsection (5) of section 339.135, Florida Statutes, are
150amended to read:
151     339.135  Work program; legislative budget request;
152definitions; preparation, adoption, execution, and amendment.--
153     (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
154     (a)1.  To assure that no district or county is penalized
155for local efforts to improve the State Highway System, the
156department shall, for the purpose of developing a tentative work
157program, allocate funds for new construction to the districts,
158except for the turnpike enterprise, based on equal parts of
159population and motor fuel tax collections. Funds for
160resurfacing, bridge repair and rehabilitation, bridge fender
161system construction or repair, public transit projects except
162public transit block grants as provided in s. 341.052, and other
163programs with quantitative needs assessments shall be allocated
164based on the results of these assessments. The department may
165not transfer any funds allocated to a district under this
166paragraph to any other district except as provided in subsection
167(7). Funds for public transit block grants shall be allocated to
168the districts pursuant to s. 341.052. Funds for the intercity
169bus program provided for under s. 5311(f) of the federal
170nonurbanized area formula program shall be administered and
171allocated directly to eligible bus carriers as defined in s.
172341.031(12) at the state level rather than the district. In
173order to provide state funding to support the intercity bus
174program provided for under provisions of the federal 5311(f)
175program, the department shall allocate an amount equal to the
176federal share of the 5311(f) program from amounts calculated
177pursuant to s. 206.46(3).
178     2.  Notwithstanding the provisions of subparagraph 1., the
179department shall allocate at least 50 percent of any new
180discretionary highway capacity funds to the Florida Strategic
181Intermodal System created pursuant to s. 339.61. Any remaining
182new discretionary highway capacity funds shall be allocated to
183the districts for new construction as provided in subparagraph
1841. For the purposes of this subparagraph, the term "new
185discretionary highway capacity funds" means any funds available
186to the department above the prior year funding level for
187capacity improvements, which the department has the discretion
188to allocate to highway projects.
189     3.  Notwithstanding subparagraph 1. and ss. 206.46(3),
190334.044(26), and 339.2819(3), and for the fiscal year 2009-2010
191only, the department shall reduce work program levels to balance
192the finance plan to the revised funding levels resulting from
193any reduction in the 2009-2010 General Appropriations Act. This
194subparagraph expires July 1, 2010.
195     4.  For the fiscal year 2009-2010 only, prior to any
196project or phase thereof being deferred, the reductions in
197subparagraph 3. shall be made to financial projects not
198programmed for contract letting as identified with a work
199program contract class code 8 and the box code RV, excluding
200reserves for public transit project development. These
201reductions shall not negatively impact safety, preservation,
202maintenance, or project contingency levels as of July 1, 2009.
203This subparagraph expires July 1, 2010.
204     (5)(a)  ADOPTION OF THE WORK PROGRAM.--
205     (a)  The original approved budget for operational and fixed
206capital expenditures for the department shall be the Governor's
207budget recommendation and the first year of the tentative work
208program, as both are amended by the General Appropriations Act
209and any other act containing appropriations. In accordance with
210the appropriations act, the department shall, prior to the
211beginning of the fiscal year, adopt a final work program which
212shall only include the original approved budget for the
213department for the ensuing fiscal year together with any roll
214forwards approved pursuant to paragraph (6)(c) and the portion
215of the tentative work program for the following 4 fiscal years
216revised in accordance with the original approved budget for the
217department for the ensuing fiscal year together with said roll
218forwards. The adopted work program may include only those
219projects submitted as part of the tentative work program
220developed under the provisions of subsection (4) plus any
221projects which are separately identified by specific
222appropriation in the General Appropriations Act and any roll
223forwards approved pursuant to paragraph (6)(c). However, any
224transportation project of the department which is identified by
225specific appropriation in the General Appropriations Act shall
226be deducted from the funds annually distributed to the
227respective district pursuant to paragraph (4)(a). In addition,
228the department shall not in any year include any project or
229allocate funds to a program in the adopted work program that is
230contrary to existing law for that particular year. Projects
231shall not be undertaken unless they are listed in the adopted
232work program.
233     (b)  Notwithstanding paragraph (a), and for the 2009-2010
2342008-2009 fiscal year only, the Department of Transportation
235shall transfer funds to the Office of Tourism, Trade, and
236Economic Development in an amount equal to $20,300,000
237$36,750,000 for the purpose of funding transportation-related
238needs of economic development projects, space and aerospace
239infrastructure, and other economic development projects. This
240transfer shall not reduce, delete, or defer any existing
241projects funded, as of July 1, 2009 2008, in the Department of
242Transportation's 5-year work program. This paragraph expires
243July 1, 2010 2009.
244     (c)  Notwithstanding paragraph (a) or subparagraph
245(4)(a)1., and for the 2008-2009 fiscal year only, the Department
246of Transportation shall fund projects in Specific Appropriations
2472063, 2071, 2077, 2079, 2102, 2106, 2109, and 2116 of the 2008-
2482009 General Appropriations Act. Funding for these specific
249appropriations shall be from projects or phases thereof within
250the department's fiscal year 2008-2009 work program not
251programmed for contract letting as identified with a work
252program contract class code 8 and the box code RV. This funding
253shall not negatively impact safety, preservation, maintenance,
254or project contingency levels as of July 1, 2008. This paragraph
255expires July 1, 2009.
256     Section 9.  In order to implement Specific Appropriations
2571986 through 2095 of the 2009-2010 General Appropriations Act,
258section 337.025, Florida Statutes, is amended to read:
259     337.025  Innovative highway projects; department to
260establish program.--
261     (1)  The department is authorized to establish a program
262for highway projects demonstrating innovative techniques of
263highway construction, maintenance, and finance which have the
264intended effect of controlling time and cost increases on
265construction projects. Such techniques may include, but are not
266limited to, state-of-the-art technology for pavement, safety,
267and other aspects of highway construction and maintenance;
268innovative bidding and financing techniques; accelerated
269construction procedures; and those techniques that have the
270potential to reduce project life cycle costs. To the maximum
271extent practical, the department must use the existing process
272to award and administer construction and maintenance contracts.
273When specific innovative techniques are to be used, the
274department is not required to adhere to those provisions of law
275that would prevent, preclude, or in any way prohibit the
276department from using the innovative technique. However, prior
277to using an innovative technique that is inconsistent with
278another provision of law, the department must document in
279writing the need for the exception and identify what benefits
280the traveling public and the affected community are anticipated
281to receive. The department may enter into no more than $120
282million in contracts annually for the purposes authorized by
283this section. However, the annual cap on contracts provided in
284this section shall not apply to turnpike enterprise projects nor
285shall turnpike enterprise projects be counted toward the
286department's annual cap.
287     (2)  For the 2009-2010 fiscal year only, the annual cap
288provided in subsection (1) shall not apply to transportation
289projects funded by the American Recovery and Reinvestment Act of
2902009. This subsection expires July 1, 2010.
291     Section 10.  In order to implement the transfer of moneys
292to the General Revenue Fund from trust funds in the 2009-2010
293General Appropriations Act, paragraph (b) of subsection (2) of
294section 215.32, Florida Statutes, is reenacted to read:
295     215.32  State funds; segregation.--
296     (2)  The source and use of each of these funds shall be as
297follows:
298     (b)1.  The trust funds shall consist of moneys received by
299the state which under law or under trust agreement are
300segregated for a purpose authorized by law. The state agency or
301branch of state government receiving or collecting such moneys
302shall be responsible for their proper expenditure as provided by
303law. Upon the request of the state agency or branch of state
304government responsible for the administration of the trust fund,
305the Chief Financial Officer may establish accounts within the
306trust fund at a level considered necessary for proper
307accountability. Once an account is established within a trust
308fund, the Chief Financial Officer may authorize payment from
309that account only upon determining that there is sufficient cash
310and releases at the level of the account.
311     2.  In addition to other trust funds created by law, to the
312extent possible, each agency shall use the following trust funds
313as described in this subparagraph for day-to-day operations:
314     a.  Operations or operating trust fund, for use as a
315depository for funds to be used for program operations funded by
316program revenues, with the exception of administrative
317activities when the operations or operating trust fund is a
318proprietary fund.
319     b.  Operations and maintenance trust fund, for use as a
320depository for client services funded by third-party payors.
321     c.  Administrative trust fund, for use as a depository for
322funds to be used for management activities that are departmental
323in nature and funded by indirect cost earnings and assessments
324against trust funds. Proprietary funds are excluded from the
325requirement of using an administrative trust fund.
326     d.  Grants and donations trust fund, for use as a
327depository for funds to be used for allowable grant or donor
328agreement activities funded by restricted contractual revenue
329from private and public nonfederal sources.
330     e.  Agency working capital trust fund, for use as a
331depository for funds to be used pursuant to s. 216.272.
332     f.  Clearing funds trust fund, for use as a depository for
333funds to account for collections pending distribution to lawful
334recipients.
335     g.  Federal grant trust fund, for use as a depository for
336funds to be used for allowable grant activities funded by
337restricted program revenues from federal sources.
338
339To the extent possible, each agency must adjust its internal
340accounting to use existing trust funds consistent with the
341requirements of this subparagraph. If an agency does not have
342trust funds listed in this subparagraph and cannot make such
343adjustment, the agency must recommend the creation of the
344necessary trust funds to the Legislature no later than the next
345scheduled review of the agency's trust funds pursuant to s.
346215.3206.
347     3.  All such moneys are hereby appropriated to be expended
348in accordance with the law or trust agreement under which they
349were received, subject always to the provisions of chapter 216
350relating to the appropriation of funds and to the applicable
351laws relating to the deposit or expenditure of moneys in the
352State Treasury.
353     4.a.  Notwithstanding any provision of law restricting the
354use of trust funds to specific purposes, unappropriated cash
355balances from selected trust funds may be authorized by the
356Legislature for transfer to the Budget Stabilization Fund and
357General Revenue Fund in the General Appropriations Act.
358     b.  This subparagraph does not apply to trust funds
359required by federal programs or mandates; trust funds
360established for bond covenants, indentures, or resolutions whose
361revenues are legally pledged by the state or public body to meet
362debt service or other financial requirements of any debt
363obligations of the state or any public body; the State
364Transportation Trust Fund; the trust fund containing the net
365annual proceeds from the Florida Education Lotteries; the
366Florida Retirement System Trust Fund; trust funds under the
367management of the State Board of Education or the Board of
368Governors of the State University System, where such trust funds
369are for auxiliary enterprises, self-insurance, and contracts,
370grants, and donations, as those terms are defined by general
371law; trust funds that serve as clearing funds or accounts for
372the Chief Financial Officer or state agencies; trust funds that
373account for assets held by the state in a trustee capacity as an
374agent or fiduciary for individuals, private organizations, or
375other governmental units; and other trust funds authorized by
376the State Constitution.
377     Section 11.  Paragraph (d) is added to subsection (11) of
378section 216.181, Florida Statutes, to read:
379     216.181  Approved budgets for operations and fixed capital
380outlay.--
381     (11)
382     (d)  For the fiscal year 2009-2010 only, changes in the
383amounts appropriated for fixed capital outlay projects may be
384approved by the Legislative Budget Commission pursuant to the
385request of a state agency filed with the Executive Office of the
386Governor if the project's funding is derived from the American
387Recovery and Reinvestment Act of 2009. This paragraph expires
388July 1, 2010.
389
390The provisions of this subsection are subject to the notice and
391objection procedures set forth in s. 216.177.
392     Section 12.  In order to implement section 18 of the 2009-
3932010 General Appropriations Act, subsection (4) is added to
394section 339.08, Florida Statutes, to read:
395     339.08  Use of moneys in State Transportation Trust Fund.--
396     (4)  For the 2009-2010 fiscal year only and notwithstanding
397the provisions of this section and ss. 339.09(1) and
398215.32(2)(b)4., funds may be transferred from the State
399Transportation Trust Fund to the General Revenue Fund as
400specified in the General Appropriations Act. Notwithstanding ss.
401206.46(3) and 206.606(2), the total amount transferred shall be
402reduced from total state revenues deposited into the State
403Transportation Trust Fund for the calculation requirements of
404ss. 206.46(3) and 206.606(2). This subsection expires July 1,
4052010.
406     Section 13.  A section of this act that implements a
407specific appropriation or specifically identified proviso
408language in the 2009-2010 General Appropriations Act is void if
409the specific appropriation or specifically identified proviso
410language is vetoed. A section of this act that implements more
411than one specific appropriation or more than one portion of
412specifically identified proviso language in the 2009-2010
413General Appropriations Act is void if all the specific
414appropriations or portions of specifically identified proviso
415language are vetoed.
416     Section 14.  If any other act passed in 2009 contains a
417provision that is substantively the same as a provision in this
418act, but that removes or is otherwise not subject to the future
419repeal applied to such provision by this act, the Legislature
420intends that the provision in the other act shall take
421precedence and shall continue to operate, notwithstanding the
422future repeal provided by this act.
423     Section 15.  If any provision of this act or its
424application to any person or circumstance is held invalid, the
425invalidity does not affect other provisions or applications of
426the act which can be given effect without the invalid provision
427or application, and to this end the provisions of this act are
428severable.
429     Section 16.  This act shall take effect July 1, 2009.


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