Florida Senate - 2009 (PROPOSED COMMITTEE BILL) SPB 7074
FOR CONSIDERATION By the Policy and Steering Committee on Ways
and Means
576-03826B-09 20097074__
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 or private correctional facilities;
26 limiting compensation to entities that provide
27 emergency medical transportation services for inmates
28 if those entities do not have a contract with the
29 department or certain private correctional facilities;
30 providing an expiration date for the limits on
31 compensation; authorizing the Department of Legal
32 Affairs to transfer certain funds from certain cases
33 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; providing for reversion
54 of statutory text of certain provisions; providing for
55 the effect of a veto of one or more specific
56 appropriations or proviso to which implementing
57 language refers; authorizing the Executive Office of
58 the Governor to transfer funds between departments for
59 purposes of aligning amounts paid for risk management
60 premiums and for purposes of aligning amounts paid for
61 human resource management services; authorizing
62 certain moneys to be appropriated to offset reductions
63 in ad valorem tax revenue experienced by fiscally
64 constrained counties occurring as a direct result of
65 the implementation of revisions of Art. VII of the
66 State Constitution approved in the special election
67 held on January 29, 2008; amending s. 218.12, F.S.;
68 requiring that the value of assessments reduced
69 pursuant to s. 4(d)(8)a. of Art. VII of the State
70 Constitution include only the reduction in taxable
71 value for homesteads established in the preceding
72 year; amending s. 253.034, F.S.; authorizing the
73 deposit of funds derived from the sale of property by
74 the Department of Citrus into the Citrus Advertising
75 Trust Fund; providing for the expiration of such
76 authorization; amending s. 253.01, F.S.; delaying the
77 expiration of provisions relating to grants and aids
78 from the Internal Improvement Trust Fund for the
79 drinking water facility construction state revolving
80 loan program and the clean water state revolving loan
81 program; reenacting s. 255.518(1)(b), F.S., relating
82 to the payment of obligations during the construction
83 of a facility financed by such obligations; repealing
84 s. 27 of chapter 2008-153, Laws of Florida; abrogating
85 the future repeal of an amendment made by that chapter
86 to s. 255.518(1)(b), F.S., and abrogating the revision
87 of the text of that paragraph to that in existence on
88 June 30, 2008, with specified exceptions; amending s.
89 255.503, F.S.; delaying the expiration of provisions
90 relating to the Florida Facilities Pool; amending s.
91 373.59, F.S.; providing for the allocation of moneys
92 from the Water Management Lands Trust Fund for certain
93 purposes; providing an expiration date; amending s.
94 376.3071, F.S.; delaying the repeal of provisions
95 relating to funding from the Inland Protection Trust
96 Fund for site restoration; amending s. 403.1651, F.S.;
97 providing that funds from the Ecosystem Management and
98 Restoration Trust Fund be used for the purpose of
99 funding activities to preserve and repair the state’s
100 beaches; providing for reversion of statutory text of
101 certain provisions; amending s. 570.20, F.S.; delaying
102 the expiration of provisions authorizing the
103 Department of Agriculture and Consumer Services to use
104 funds from the General Inspection Trust Fund for
105 certain programs; amending s. 253.034, F.S.; delaying
106 the expiration of provisions authorizing the deposit
107 of funds from the sale of property located in Palm
108 Beach County by the Department of Highway Safety and
109 Motor Vehicles into the Highway Safety Operating Trust
110 Fund; amending s. 332.007, F.S.; authorizing the
111 Department of Transportation to fund operational and
112 maintenance assistance security projects at publicly
113 owned public-use airports; providing for the future
114 expiration of such authority and the reversion of
115 statutory text; amending s. 339.08, F.S.; delaying the
116 expiration of provisions relating to the use of funds
117 from the State Transportation Trust Fund; amending s.
118 339.135, F.S.; delaying the expiration of provisions
119 relating to the transfer of funds from the Department
120 of Transportation to the Office of Tourism, Trade, and
121 Economic Development for the purpose of funding the
122 transportation-related needs of certain projects;
123 revising the amount of such transfer; deleting
124 obsolete provisions; providing that the annual salary
125 of the members of the Legislature be reduced by 6
126 percent; providing for future expiration; requiring
127 that each agency develop a wireless device assignment
128 plan limiting the use of cellular telephones, personal
129 digital assistants, and other devices; requiring that
130 each agency review such use and submit a report to the
131 Legislature by a specified date; providing that the
132 report contain certain information; reenacting s.
133 215.32(2)(b), F.S.; relating to the transfer of moneys
134 from trust funds to the General Revenue Fund;
135 reenacting s. 215.5601(4)(b), F.S.; relating to the
136 administration of the Lawton Chiles Endowment Fund;
137 repealing s. 49 of chapter 2008-153, Laws of Florida;
138 abrogating the future repeal of an amendment made by
139 that chapter to s. 215.5601(4), F.S., and abrogating
140 the revision of the text of that subsection to that in
141 existence on June 30, 2009, with specified exceptions;
142 providing a statement of public interest with respect
143 to the issuance of new debt to address a critical
144 state emergency; providing for future expiration;
145 limiting the use of state funds for travel by state
146 employees to activities that are critical to each
147 state agency’s mission; requiring that each agency
148 head approve such travel in writing; providing
149 exceptions; nullifying provisions of the act if the
150 appropriations or proviso language to which they
151 relate are vetoed; providing for other acts passed
152 during the 2009 Regular Session which contain
153 provisions that are substantively the same as the
154 provisions of this act to take precedence under
155 certain circumstances; providing for severability;
156 providing effective dates.
157
158 Be It Enacted by the Legislature of the State of Florida:
159
160 Section 1. It is the intent of the Legislature that the
161 implementing and administering provisions of this act apply to
162 the General Appropriations Act for the 2009-2010 fiscal year.
163 Section 2. In order to fulfill legislative intent regarding
164 the use of funds contained in Specific Appropriations 617, 631,
165 and 644 of the 2009-2010 General Appropriations Act, the
166 Department of Corrections may expend appropriated funds to
167 assist in defraying the costs of impacts that are incurred by a
168 municipality or county and that are associated with opening or
169 operating a facility under the authority of the department. The
170 amount paid for any facility may not exceed 1 percent of the
171 cost to construct the facility, less building impact fees
172 imposed by the municipality or county. This section expires July
173 1, 2010.
174 Section 3. In order to implement Specific Appropriations
175 607 through 707 and 738 through 773 of the 2009-2010 General
176 Appropriations Act, subsection (4) of section 216.262, Florida
177 Statutes, is amended to read:
178 216.262 Authorized positions.—
179 (4) Notwithstanding the provisions of this chapter on
180 increasing the number of authorized positions, and for the 2009
181 2010 2008-2009 fiscal year only, if the actual inmate population
182 of the Department of Corrections exceeds the inmate population
183 projections of the February 16, 2009 February 15, 2008, Criminal
184 Justice Estimating Conference by 1 percent for 2 consecutive
185 months or 2 percent for any month, the Executive Office of the
186 Governor, with the approval of the Legislative Budget
187 Commission, shall immediately notify the Criminal Justice
188 Estimating Conference, which shall convene as soon as possible
189 to revise the estimates. The Department of Corrections may then
190 submit a budget amendment requesting the establishment of
191 positions in excess of the number authorized by the Legislature
192 and additional appropriations from unallocated general revenue
193 sufficient to provide for essential staff, fixed capital
194 improvements, and other resources to provide classification,
195 security, food services, health services, and other variable
196 expenses within the institutions to accommodate the estimated
197 increase in the inmate population. All actions taken pursuant to
198 the authority granted in this subsection shall be subject to
199 review and approval by the Legislative Budget Commission. This
200 subsection expires July 1, 2010 July 1, 2009.
201 Section 4. In order to implement Specific Appropriations
202 1266 and 1267 of the 2009-2010 General Appropriations Act, the
203 Department of Legal Affairs is authorized to expend appropriated
204 funds in those specific appropriations on the same programs that
205 were funded by the department pursuant to specific
206 appropriations made in general appropriations acts in prior
207 years. This section expires July 1, 2010.
208 Section 5. In order to implement Specific Appropriations
209 738 through 754 of the 2009-2010 General Appropriations Act,
210 section 945.6041, Florida Statutes, is created to read:
211 945.6041 Inmate medical services.—
212 (1) As used in this section, the term:
213 (a) “Emergency medical transportation services” includes,
214 but is not limited to, services rendered by ambulances,
215 emergency medical services vehicles, and air ambulances as those
216 terms are defined in s. 401.23.
217 (b) “Health care provider” has the same meaning as provided
218 in s. 766.105.
219 (2)(a) Compensation to a health care provider to provide
220 inmate medical services may not exceed 110 percent of the
221 Medicare allowable rate if the health care provider does not
222 have a contract to provide services with the department or the
223 private correctional facility, as defined in s. 944.710, which
224 houses the inmate.
225 (b) Notwithstanding paragraph (a), compensation to a health
226 care provider to provide inmate medical services may not exceed
227 125 percent of the Medicare allowable rate if:
228 1. The health care provider does not have a contract to
229 provide services with the department or the private correctional
230 facility, as defined in s. 944.710, which houses the inmate; and
231 2. The health care provider reported a negative operating
232 margin for the previous year to the Agency for Health Care
233 Administration through hospital-audited financial data.
234 (3) Compensation to an entity to provide emergency medical
235 transportation services for inmates may not exceed 110 percent
236 of the Medicare allowable rate if the entity does not have a
237 contract with the department or a private correctional facility,
238 as defined in s. 944.710, to provide the services.
239 (4) This section does not apply to charges for medical
240 services provided at a hospital operated by the department.
241 (5) This section expires July 1, 2010.
242 Section 6. In order to implement Specific Appropriations
243 1231, 1251, 1272, and 1282 of the 2009-2010 General
244 Appropriations Act, the Department of Legal Affairs is
245 authorized to transfer cash remaining after required
246 disbursements for Attorney General case number 16-2008-CA-01
247 3142CV-C from FLAIR account 41-74-2-601001-41100100-00-181076-00
248 to the Operating Trust Fund to pay salaries and benefits. This
249 section expires July 1, 2010.
250 Section 7. In order to implement Specific Appropriations
251 448, 450, 456, 458, and 459 of the 2009-2010 General
252 Appropriations Act, paragraph (b) of subsection (14) of section
253 287.057, Florida Statutes, is amended to read:
254 287.057 Procurement of commodities or contractual
255 services.—
256 (14)
257 (b) The Department of Health shall enter into an agreement,
258 not to exceed 20 years, with a private contractor to finance,
259 design, and construct a hospital, of no more than 50 beds, for
260 the treatment of patients with active tuberculosis and to
261 operate all aspects of daily operations within the facility. The
262 contractor may sponsor the issuance of tax-exempt certificates
263 of participation or other securities to finance the project, and
264 the state may enter into a lease-purchase agreement for the
265 facility. The department shall begin the implementation of this
266 initiative by July 1, 2008. This paragraph expires July 1, 2010
267 2009.
268 Section 8. In order to implement Specific Appropriations
269 316 through 347 of the 2009-2010 General Appropriations Act,
270 subsection (3) of section 394.908, Florida Statutes, is amended
271 to read:
272 394.908 Substance abuse and mental health funding equity;
273 distribution of appropriations.—In recognition of the historical
274 inequity in the funding of substance abuse and mental health
275 services for the department’s districts and regions and to
276 rectify this inequity and provide for equitable funding in the
277 future throughout the state, the following funding process shall
278 be used:
279 (3)
280 (a) Any additional funding beyond the 2005-2006 fiscal year
281 base appropriation for alcohol, drug abuse, and mental health
282 services shall be allocated to districts for substance abuse and
283 mental health services based on:
284 1. Epidemiological estimates of disabilities that apply to
285 the respective target populations.
286 2. A pro rata share distribution that ensures districts
287 below the statewide average funding level per person in each
288 target population of “persons in need” receive funding necessary
289 to achieve equity.
290 (b) Notwithstanding paragraph (a) and for the 2008-2009
291 fiscal year 2009-2010 only, funds appropriated for forensic
292 mental health treatment services shall be allocated to the areas
293 of the state having the greatest demand for services and
294 treatment capacity. This paragraph expires July 1, 2010 2009.
295 (c) Notwithstanding paragraph (a) and for the 2008-2009
296 fiscal year 2009-2010 only, additional funds appropriated for
297 mental health services from funds available through the
298 Community-Based Medicaid Administrative Claiming Program shall
299 be allocated as provided in the 2009-2010 2008-2009 General
300 Appropriations Act and in proportion to contributed provider
301 earnings. Where these mental health funds are used in lieu of
302 funds from the General Revenue Fund, the allocation of funds
303 shall be unchanged from the allocation for those funds for the
304 2007-2008 fiscal year. This paragraph expires July 1, 2010 2009.
305 Section 9. In order to implement Specific Appropriation 279
306 of the 2009-2010 General Appropriations Act, the Department of
307 Children and Family Services must ensure that all public and
308 private agencies and institutions participating in child welfare
309 cases enter information, specified by department rule, into the
310 Florida Safe Families Network in order to maintain the accuracy
311 and usefulness of the system. The network is intended to be the
312 department’s automated child welfare case-management system
313 designed to provide child welfare workers with a mechanism for
314 managing child welfare cases more efficiently and tracking
315 children and families more effectively. The department shall
316 coordinate with the Office of the State Courts Administrator to
317 provide any judge or magistrate with access to information in
318 the network relating to a child welfare case which is required
319 to be filed with the court pursuant to chapter 39, Florida
320 Statutes, by the date of the network’s release during fiscal
321 year 2009-2010. The department shall report to the Governor, the
322 President of the Senate, and the Speaker of the House of
323 Representatives by February 1, 2010, with respect to progress on
324 providing access to the Florida Safe Families Network as
325 provided in this section. This section expires July 1, 2010.
326 Section 10. In order to implement the appropriation of
327 funds in Special Categories-Risk Management Insurance of the
328 2009-2010 General Appropriations Act, and pursuant to the
329 notice, review, and objection procedures of s. 216.177, Florida
330 Statutes, the Executive Office of the Governor is authorized to
331 transfer funds appropriated in the appropriation category
332 “Special Categories-Risk Management Insurance” of the 2009-2010
333 General Appropriations Act between departments in order to align
334 the budget authority granted with the premiums paid by each
335 department for risk management insurance. This section expires
336 July 1, 2010.
337 Section 11. In order to implement the appropriation of
338 funds in Special Categories-Transfer to Department of Management
339 Services-Human Resources Services Purchased Per Statewide
340 Contract of the 2009-2010 General Appropriations Act, and
341 pursuant to the notice, review, and objection procedures of s.
342 216.177, Florida Statutes, the Executive Office of the Governor
343 is authorized to transfer funds appropriated in the
344 appropriation category “Special Categories-Transfer to
345 Department of Management Services-Human Resources Services
346 Purchased Per Statewide Contract” of the 2009-2010 General
347 Appropriations Act between departments in order to align the
348 budget authority granted with the assessments that must be paid
349 by each agency to the Department of Management Services for
350 human resource management services. This section expires July 1,
351 2010.
352 Section 12. In order to implement section 48 of the 2009
353 2010 General Appropriations Act and notwithstanding the
354 provisions of section 16 of chapter 2008-173, Laws of Florida,
355 the moneys provided in section 44 are appropriated to offset the
356 reductions in ad valorem tax revenues experienced by fiscally
357 constrained counties, as defined in s. 218.67(1), Florida
358 Statutes, which occur as a direct result of the implementation
359 of revisions to Article VII of the State Constitution approved
360 in the special election held on January 29, 2008. The moneys
361 appropriated for this purpose shall be distributed by October 1,
362 2009, among the fiscally constrained counties based on each
363 county’s proportion of the total reduction in ad valorem tax
364 revenue resulting from the implementation of the revision.
365 Distributions shall be based on the documentation required to be
366 submitted to the Department of Revenue by November 1, 2008,
367 pursuant to s. 218.12, Florida Statutes.
368 Section 13. In order to implement Specific Appropriation
369 2971, section 218.12, Florida Statutes, is amended to read:
370 218.12 Appropriations to offset reductions in ad valorem
371 tax revenue in fiscally constrained counties.—
372 (1) Beginning in fiscal year 2008-2009, the Legislature
373 shall appropriate moneys to offset the reductions in ad valorem
374 tax revenue experienced by fiscally constrained counties, as
375 defined in s. 218.67(1), which occur as a direct result of the
376 implementation of revisions of Art. VII of the State
377 Constitution approved in the special election held on January
378 29, 2008. The moneys appropriated for this purpose shall be
379 distributed in January of each fiscal year among the fiscally
380 constrained counties based on each county’s proportion of the
381 total reduction in ad valorem tax revenue resulting from the
382 implementation of the revision.
383 (2) On or before November 15 of each year, beginning in
384 2008, each fiscally constrained county shall apply to the
385 Department of Revenue to participate in the distribution of the
386 appropriation and provide documentation supporting the county’s
387 estimated reduction in ad valorem tax revenue in the form and
388 manner prescribed by the Department of Revenue. The
389 documentation must include an estimate of the reduction in
390 taxable value directly attributable to revisions of Art. VII of
391 the State Constitution for all county taxing jurisdictions
392 within the county and shall be prepared by the property
393 appraiser in each fiscally constrained county. The documentation
394 must also include the county millage rates applicable in all
395 such jurisdictions for both the current year and the prior year;
396 rolled-back rates, determined as provided in s. 200.065, for
397 each county taxing jurisdiction; and maximum millage rates that
398 could have been levied by majority vote pursuant to s. 200.185.
399 For purposes of this section, each fiscally constrained county’s
400 reduction in ad valorem tax revenue shall be calculated as 95
401 percent of the estimated reduction in taxable value times the
402 lesser of the 2007 applicable millage rate or the applicable
403 millage rate for each county taxing jurisdiction in the prior
404 year.
405 (3) In determining the reductions in ad valorem tax
406 revenues occurring as a result of the implementation of the
407 revisions to Art. VII of the State Constitution approved in the
408 special election held on January 29, 2008, the value of
409 assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the
410 State Constitution shall include only the reduction in taxable
411 value for homesteads established in the preceding calendar year.
412 Section 14. In order to implement Specific Appropriations
413 2299 through 2320 of the 2009-2010 General Appropriations Act,
414 present subsection (14) of section 253.034, Florida Statutes, is
415 redesignated as subsection (15), and a new subsection (14) is
416 added to that section, to read:
417 253.034 State-owned lands; uses.—
418 (14) Notwithstanding the provisions of this section, funds
419 derived from the sale of property by the Department of Citrus
420 located in Lakeland, Florida, are authorized to be deposited
421 into the Citrus Advertising Trust Fund. This subsection expires
422 July 1, 2010.
423 Section 15. In order to implement Specific Appropriation
424 1717 of the 2009-2010 General Appropriations Act, subsection (3)
425 of section 253.01, Florida Statutes, is amended to read:
426 253.01 Internal Improvement Trust Fund established.—
427 (3) In addition to the uses allowed in subsection (2) for
428 the 2009-2010 2008-2009 fiscal year, moneys in the Internal
429 Improvement Trust Fund are authorized for grants and aids to
430 local governments, as provided in the General Appropriations
431 Act, for the drinking water facility construction state
432 revolving loan program described in s. 403.8532 and the clean
433 water state revolving loan program described in s. 403.1835, as
434 provided in the General Appropriations Act. This subsection
435 expires July 1, 2010 2009.
436 Section 16. In order to implement Specific Appropriation
437 2741 of the 2009-2010 General Appropriations Act, paragraph (b)
438 of subsection (1) of section 255.518, Florida Statutes, is
439 reenacted to read:
440 255.518 Obligations; purpose, terms, approval,
441 limitations.—
442 (1)
443 (b) Payment of debt service charges on obligations during
444 the construction of any facility financed by such obligations
445 shall be made from funds other than proceeds of obligations.
446 Section 17. Section 27 of chapter 2008-153, Laws of
447 Florida, is repealed.
448 Section 18. In order to implement Specific Appropriations
449 2725 through 2738 of the 2009-2010 General Appropriations Act,
450 subsection (7) of section 255.503, Florida Statutes, is amended
451 to read:
452 255.503 Powers of the Department of Management Services.
453 The Department of Management Services shall have all the
454 authority necessary to carry out and effectuate the purposes and
455 provisions of this act, including, but not limited to, the
456 authority to:
457 (7)(a) Sell, lease, release, or otherwise dispose of
458 facilities in the pool in accordance with applicable law.
459 (b) No later than the date upon which the department
460 recommends to the Division of State Lands of the Department of
461 Environmental Protection the disposition of any facility within
462 the Florida Facilities Pool, the department shall provide to the
463 President of the Senate, the Speaker of the House of
464 Representatives, the Executive Office of the Governor, and the
465 Division of Bond Finance of the State Board of Administration an
466 analysis that includes:
467 1. The cost benefit of the proposed facility disposition,
468 including the facility’s current operating expenses, condition,
469 and market value, and viable alternatives for work space for
470 impacted state employees.
471 2. The effect of the proposed facility disposition on the
472 financial status of the Florida Facilities Pool, including the
473 effect on rental rates and coverage requirement for the bonds.
474
475 This paragraph expires July 1, 2010 2009.
476 Section 19. In order to implement Specific Appropriation
477 1619, subsection (12) is added to section 373.59, Florida
478 Statutes, to read:
479 373.59 Water Management Lands Trust Fund.—
480 (12) Notwithstanding the provisions of subsection (8) and
481 for the 2009-2010 fiscal year only, the moneys from the Water
482 Management Lands Trust Fund shall be allocated as follows:
483 (a) An amount necessary to pay debt service on bonds issued
484 before February 1, 2009, by the South Florida Water Management
485 District and the St. Johns River Water Management District,
486 which are secured by revenues provided by this section, or to
487 fund debt service reserve funds, rebate obligations, or other
488 amounts payable with respect to such bonds.
489 (b) Eight million dollars to be transferred to the General
490 Revenue Fund; and
491 (c) The remaining funds to be distributed equally between
492 the Suwannee River Water Management District and the Northwest
493 Florida Water Management District.
494 (d) This subsection expires July 1, 2010.
495 Section 20. In order to implement Specific Appropriation
496 1741A of the 2009-2010 General Appropriations Act, paragraph (c)
497 of subsection (5) of section 376.3071, Florida Statutes, is
498 amended to read:
499 376.3071 Inland Protection Trust Fund; creation; purposes;
500 funding.—
501 (5) SITE SELECTION AND CLEANUP CRITERIA.—
502 (c) The department shall require source removal, if
503 warranted and cost-effective, at each site eligible for
504 restoration funding from the Inland Protection Trust Fund.
505 1. Funding for free product recovery may be provided in
506 advance of the order established by the priority ranking system
507 under paragraph (a) for site cleanup activities. However, a
508 separate prioritization for free product recovery shall be
509 established consistent with paragraph (a). No more than $5
510 million shall be encumbered from the Inland Protection Trust
511 Fund in any fiscal year for free product recovery conducted in
512 advance of the priority order under paragraph (a) established
513 for site cleanup activities.
514 2. Funding for limited interim soil-source removals for
515 sites that will become inaccessible for future remediation due
516 to road infrastructure and right-of-way restrictions resulting
517 from a pending Department of Transportation road construction
518 project or for secondary containment upgrading of underground
519 storage tanks required under chapter 62-761, Florida
520 Administrative Code, may be provided in advance of the order
521 established by the priority ranking system under paragraph (a)
522 for site cleanup activities. The department shall provide
523 written guidance on the limited source removal information and
524 technical evaluation necessary to justify a request for a
525 limited source removal in advance of the priority order pursuant
526 to paragraph (a) established for site cleanup activities.
527 Prioritization for limited source removal projects associated
528 with a secondary containment upgrade in any fiscal year shall be
529 determined on a first-come, first-served basis according to the
530 approval date issued under s. 376.30711 for the limited source
531 removal. Funding for limited source removals associated with
532 secondary containment upgrades shall be limited to 10 sites in
533 each fiscal year for each facility owner and any related person.
534 The limited source removal for secondary containment upgrades
535 shall be completed no later than 6 months after the department
536 issues its approval of the project, and the approval
537 automatically expires at the end of the 6 months. Funding for
538 Department of Transportation and secondary containment upgrade
539 source removals may not exceed $50,000 for a single facility
540 unless the department makes a determination that it is cost
541 effective and environmentally beneficial to exceed this amount,
542 but in no event shall the department authorize costs in excess
543 of $100,000 for a single facility. Department funding for
544 limited interim soil-source removals associated with Department
545 of Transportation projects and secondary containment upgrades
546 shall be limited to supplemental soil assessment, soil
547 screening, soil removal, backfill material, treatment or
548 disposal of the contaminated soil, dewatering related to the
549 contaminated soil removal in an amount of up to 10 percent of
550 the total interim soil-source removal project costs, treatment,
551 and disposal of the contaminated groundwater and preparation of
552 the source removal report. No other costs associated with the
553 facility upgrade may be paid with department funds. No more than
554 $1 million for Department of Transportation limited source
555 removal projects and $10 million for secondary containment
556 upgrade limited source removal projects conducted in advance of
557 the priority order established under paragraph (a) for site
558 cleanup activities shall be encumbered from the Inland
559 Protection Trust Fund in any fiscal year. This subparagraph is
560 repealed effective June 30, 2010 2009.
561 3. Once free product removal and other source removal
562 identified in this paragraph are completed at a site, and
563 notwithstanding the order established by the priority ranking
564 system under paragraph (a) for site cleanup activities, the
565 department may reevaluate the site to determine the degree of
566 active cleanup needed to continue site rehabilitation. Further,
567 the department shall determine if the reevaluated site qualifies
568 for natural attenuation monitoring or no further action. If
569 additional site rehabilitation is necessary to reach no further
570 action status, the site rehabilitation shall be conducted in the
571 order established by the priority ranking system under paragraph
572 (a) and the department is encouraged to utilize natural
573 attenuation and monitoring where site conditions warrant.
574 Section 21. In order to implement Specific Appropriations
575 1690, 1691, 1692, 1694, and 1695, subsection (1) of section
576 403.1651, Florida Statutes, is amended to read:
577 403.1651 Ecosystem Management and Restoration Trust Fund.—
578 (1) There is created the Ecosystem Management and
579 Restoration Trust Fund to be administered by the Department of
580 Environmental Protection for the purposes of:
581 (a) Funding the detailed planning for and implementation of
582 programs for the management and restoration of ecosystems.
583 (b) Funding the development and implementation of surface
584 water improvement and management plans and programs under ss.
585 373.451-373.4595.
586 (c) Funding activities to restore polluted areas of the
587 state, as defined by the department, to their condition before
588 pollution occurred or to otherwise enhance pollution control
589 activities.
590 (d) Funding activities to restore or rehabilitate injured
591 or destroyed coral reefs.
592 (e) Funding activities by the department to recover moneys
593 as a result of actions against any person for a violation of
594 chapter 373.
595 (f) Funding activities authorized for the implementation of
596 the Leah Schad Memorial Ocean Outfall Program implemented in s.
597 403.086(9).
598 (g) Funding activities to preserve and repair the state’s
599 beaches as provided in ss. 161.091-161.212.
600 Section 22. The amendment to s. 403.1651(1), Florida
601 Statutes, made by this act shall expire July 1, 2010, and the
602 text of that subsection shall revert to that in existence on
603 June 30, 2009, except that any amendments to such text enacted
604 other than by this act shall be preserved and continue to
605 operate to the extent that such amendments are not dependent
606 upon the portions of such text which expire pursuant to this
607 section.
608 Section 23. In order to implement Specific Appropriations
609 1294 through 1454 of the 2009-2010 General Appropriations Act,
610 section 570.20, Florida Statutes, is amended to read:
611 570.20 General Inspection Trust Fund.—
612 (1) All donations and all inspection fees and other funds
613 authorized and received from whatever source in the enforcement
614 of the inspection laws administered by the department shall be
615 paid into the General Inspection Trust Fund of Florida, which is
616 created in the office of the Chief Financial Officer. All
617 expenses incurred in carrying out the provisions of the
618 inspection laws shall be paid from this fund as other funds are
619 paid from the State Treasury. A percentage of all revenue
620 deposited in this fund, including transfers from any subsidiary
621 accounts, shall be deposited in the General Revenue Fund
622 pursuant to chapter 215, except that funds collected for
623 marketing orders shall pay at the rate of 3 percent.
624 (2) For the 2009-2010 2008-2009 fiscal year only and
625 notwithstanding any other provision of law to the contrary, in
626 addition to the spending authorized in subsection (1), moneys in
627 the General Inspection Trust Fund may be appropriated for
628 programs operated by the department which are related to the
629 programs authorized by this chapter. This subsection expires
630 July 1, 2010 2009.
631 Section 24. In order to implement section 54 of the 2009
632 2010 General Appropriations Act, subsection (13) of section
633 253.034, Florida Statutes, is amended to read:
634 253.034 State-owned lands; uses.—
635 (13) Notwithstanding the provisions of this section, funds
636 from the sale of property by the Department of Highway Safety
637 and Motor Vehicles located in Palm Beach County are authorized
638 to be deposited into the Highway Safety Operating Trust Fund to
639 facilitate the exchange as provided in the General
640 Appropriations Act, provided that at the conclusion of both
641 exchanges the values are equalized. This subsection expires July
642 1, 2010 2009.
643 Section 25. In order to implement Specific Appropriation
644 1998 of the 2009-2010 General Appropriations Act, subsection (8)
645 of section 332.007, Florida Statutes, is amended to read:
646 332.007 Administration and financing of aviation and
647 airport programs and projects; state plan.—
648 (8) Notwithstanding any other provision of law to the
649 contrary, the department is authorized to fund security
650 projects, including operational and maintenance assistance, at
651 publicly owned public-use airports. For projects in the current
652 adopted work program, or projects added using the available
653 budget of the department, airports may request the department
654 change the project purpose in accordance with this provision
655 notwithstanding the provisions of s. 339.135(7). For purposes of
656 this subsection, the department may fund up to 100 percent of
657 eligible project costs that are not funded by the Federal
658 Government. This subsection shall expire on June 30, 2012.
659 Section 26. The amendment to s. 332.007(8), Florida
660 Statutes, made by this act shall expire July 1, 2010, and the
661 text of that subsection shall revert to that in existence on
662 June 30, 2009, except that any amendments to such text enacted
663 other than by this act shall be preserved and continue to
664 operate to the extent that such amendments are not dependent
665 upon the portions of such text which expire pursuant to this
666 section.
667 Section 27. In order to implement section 53 of the 2009
668 2010 General Appropriations Act, paragraph (n) of subsection (1)
669 of section 339.08, Florida Statutes, is amended to read:
670 339.08 Use of moneys in State Transportation Trust Fund.—
671 (1) The department shall expend moneys in the State
672 Transportation Trust Fund accruing to the department, in
673 accordance with its annual budget. The use of such moneys shall
674 be restricted to the following purposes:
675 (n) To pay administrative expenses incurred in accordance
676 with applicable laws for a multicounty transportation or
677 expressway authority created under chapter 343 or chapter 348,
678 where jurisdiction for the authority includes a portion of the
679 State Highway System and the administrative expenses are in
680 furtherance of the duties and responsibilities of the authority
681 in the development of improvements to the State Highway System.
682 This paragraph expires July 1, 2010 2009.
683 Section 28. In order to implement Specific Appropriation
684 2042 of the 2009-2010 General Appropriations Act, subsection (5)
685 of section 339.135, Florida Statutes, is amended to read:
686 339.135 Work program; legislative budget request;
687 definitions; preparation, adoption, execution, and amendment.—
688 (5)
689 (a) ADOPTION OF THE WORK PROGRAM.—The original approved
690 budget for operational and fixed capital expenditures for the
691 department shall be the Governor’s budget recommendation and the
692 first year of the tentative work program, as both are amended by
693 the General Appropriations Act and any other act containing
694 appropriations. In accordance with the appropriations act, the
695 department shall, prior to the beginning of the fiscal year,
696 adopt a final work program which shall only include the original
697 approved budget for the department for the ensuing fiscal year
698 together with any roll forwards approved pursuant to paragraph
699 (6)(c) and the portion of the tentative work program for the
700 following 4 fiscal years revised in accordance with the original
701 approved budget for the department for the ensuing fiscal year
702 together with said roll forwards. The adopted work program may
703 include only those projects submitted as part of the tentative
704 work program developed under the provisions of subsection (4)
705 plus any projects which are separately identified by specific
706 appropriation in the General Appropriations Act and any roll
707 forwards approved pursuant to paragraph (6)(c). However, any
708 transportation project of the department which is identified by
709 specific appropriation in the General Appropriations Act shall
710 be deducted from the funds annually distributed to the
711 respective district pursuant to paragraph (4)(a). In addition,
712 the department shall not in any year include any project or
713 allocate funds to a program in the adopted work program that is
714 contrary to existing law for that particular year. Projects
715 shall not be undertaken unless they are listed in the adopted
716 work program.
717 (b) Notwithstanding paragraph (a), and for the 2009-2010
718 2008-2009 fiscal year only, the Department of Transportation
719 shall transfer funds to the Office of Tourism, Trade, and
720 Economic Development in an amount equal to $20 million
721 $36,750,000 for the purpose of funding transportation-related
722 needs of economic development projects, space and aerospace
723 infrastructure, and other economic development projects. This
724 transfer shall not reduce, delete, or defer any existing
725 projects funded, as of July 1, 2009 2008, in the Department of
726 Transportation’s 5-year work program. This paragraph expires
727 July 1, 2010 2009.
728 (c) Notwithstanding paragraph (a) or subparagraph (4)(a)1.,
729 and for the 2008-2009 fiscal year only, the Department of
730 Transportation shall fund projects in Specific Appropriations
731 2063, 2071, 2077, 2079, 2102, 2106, 2109, and 2116 of the 2008
732 2009 General Appropriations Act. Funding for these specific
733 appropriations shall be from projects or phases thereof within
734 the department’s fiscal year 2008-2009 work program not
735 programmed for contract letting as identified with a work
736 program contract class code 8 and the box code RV. This funding
737 shall not negatively impact safety, preservation, maintenance,
738 or project contingency levels as of July 1, 2008. This paragraph
739 expires July 1, 2009.
740 Section 29. In order to implement Specific Appropriations
741 2677 and 2678 of the 2009-2010 General Appropriations Act:
742 (1) Notwithstanding the provisions of s. 11.13(1), Florida
743 Statutes, and section 52 of chapter 2008-53, Laws of Florida,
744 relating to the annual adjustment of salaries for members of the
745 Legislature, to the contrary, for the 2009-2010 fiscal year
746 only, the authorized salaries of members of the Legislature in
747 effect on June 30, 2009, shall be reduced by 6 percent.
748 (2) Effective June 30, 2010, the annual salaries of members
749 of the Legislature shall be set at the amounts authorized and in
750 effect on June 30, 2009, pursuant to subsection (2) of section
751 52 of chapter 2008-153, Laws of Florida.
752 (3) This section expires July 1, 2010.
753 Section 30. In order to implement the appropriations
754 provided in the 2009-2010 General Appropriations Act to each
755 agency for cellular phone equipment and services, and to ensure
756 the cost-effective acquisition and use of wireless devices:
757 (1) Each agency shall develop a wireless device assignment
758 plan that limits use of cellular telephones, personal digital
759 assistants (PDAs), and other devices to only those employees
760 who, as part of their official assigned duties, must routinely
761 be immediately available to citizens, supervisors or
762 subordinates; be available to respond to emergency situations;
763 be available to calls outside of regular working hours; have
764 access to the technology in order to productively perform job
765 duties in the field; or have limited or no access to a standard
766 phone, or have no ability to use a personal cell phone, if
767 needed. The plan shall result in reducing the number of wireless
768 devices used in each agency.
769 (2) Each agency must review the use of cellular telephones,
770 PDAs, and other wireless devices by employees and submit a
771 report to the President of the Senate and the Speaker of the
772 House of Representatives by September 1, 2009. The report shall
773 include:
774 (a) The criteria that the agency has developed to limit
775 assignment of wireless devices;
776 (b) The results of implementing the wireless device
777 assignment plan, including the reduction in the number of
778 wireless devices used and the cost of such devices;
779 (c) The number of wireless devices that remain in use by
780 type and expenditures by type of device and total agency
781 expenditures for wireless devices;
782 (d) The procurement method used to procure wireless devices
783 and the rationale for procuring wireless devices by any
784 mechanism other than statewide term contracts and side-by-side
785 comparison of costs for services purchased through the statewide
786 term contracts and the mechanisms otherwise used by the agency;
787 and
788 (e) A description of innovative techniques the agency has
789 used to manage wireless devices that have improved efficiency or
790 reduced costs, which may be applicable for implementation by
791 other agencies.
792 Section 31. In order to implement the transfer of moneys to
793 the General Revenue Fund from trust funds in the 2009-2010
794 General Appropriations Act, paragraph (b) of subsection (2) of
795 section 215.32, Florida Statutes, is reenacted to read:
796 215.32 State funds; segregation.—
797 (2) The source and use of each of these funds shall be as
798 follows:
799 (b)
800 1. The trust funds shall consist of moneys received by the
801 state which under law or under trust agreement are segregated
802 for a purpose authorized by law. The state agency or branch of
803 state government receiving or collecting such moneys shall be
804 responsible for their proper expenditure as provided by law.
805 Upon the request of the state agency or branch of state
806 government responsible for the administration of the trust fund,
807 the Chief Financial Officer may establish accounts within the
808 trust fund at a level considered necessary for proper
809 accountability. Once an account is established within a trust
810 fund, the Chief Financial Officer may authorize payment from
811 that account only upon determining that there is sufficient cash
812 and releases at the level of the account.
813 2. In addition to other trust funds created by law, to the
814 extent possible, each agency shall use the following trust funds
815 as described in this subparagraph for day-to-day operations:
816 a. Operations or operating trust fund, for use as a
817 depository for funds to be used for program operations funded by
818 program revenues, with the exception of administrative
819 activities when the operations or operating trust fund is a
820 proprietary fund.
821 b. Operations and maintenance trust fund, for use as a
822 depository for client services funded by third-party payors.
823 c. Administrative trust fund, for use as a depository for
824 funds to be used for management activities that are departmental
825 in nature and funded by indirect cost earnings and assessments
826 against trust funds. Proprietary funds are excluded from the
827 requirement of using an administrative trust fund.
828 d. Grants and donations trust fund, for use as a depository
829 for funds to be used for allowable grant or donor agreement
830 activities funded by restricted contractual revenue from private
831 and public nonfederal sources.
832 e. Agency working capital trust fund, for use as a
833 depository for funds to be used pursuant to s. 216.272.
834 f. Clearing funds trust fund, for use as a depository for
835 funds to account for collections pending distribution to lawful
836 recipients.
837 g. Federal grant trust fund, for use as a depository for
838 funds to be used for allowable grant activities funded by
839 restricted program revenues from federal sources.
840
841 To the extent possible, each agency must adjust its internal
842 accounting to use existing trust funds consistent with the
843 requirements of this subparagraph. If an agency does not have
844 trust funds listed in this subparagraph and cannot make such
845 adjustment, the agency must recommend the creation of the
846 necessary trust funds to the Legislature no later than the next
847 scheduled review of the agency’s trust funds pursuant to s.
848 215.3206.
849 3. All such moneys are hereby appropriated to be expended
850 in accordance with the law or trust agreement under which they
851 were received, subject always to the provisions of chapter 216
852 relating to the appropriation of funds and to the applicable
853 laws relating to the deposit or expenditure of moneys in the
854 State Treasury.
855 4.a. Notwithstanding any provision of law restricting the
856 use of trust funds to specific purposes, unappropriated cash
857 balances from selected trust funds may be authorized by the
858 Legislature for transfer to the Budget Stabilization Fund and
859 General Revenue Fund in the General Appropriations Act.
860 b. This subparagraph does not apply to trust funds required
861 by federal programs or mandates; trust funds established for
862 bond covenants, indentures, or resolutions whose revenues are
863 legally pledged by the state or public body to meet debt service
864 or other financial requirements of any debt obligations of the
865 state or any public body; the State Transportation Trust Fund;
866 the trust fund containing the net annual proceeds from the
867 Florida Education Lotteries; the Florida Retirement System Trust
868 Fund; trust funds under the management of the State Board of
869 Education or the Board of Governors of the State University
870 System, where such trust funds are for auxiliary enterprises,
871 self-insurance, and contracts, grants, and donations, as those
872 terms are defined by general law; trust funds that serve as
873 clearing funds or accounts for the Chief Financial Officer or
874 state agencies; trust funds that account for assets held by the
875 state in a trustee capacity as an agent or fiduciary for
876 individuals, private organizations, or other governmental units;
877 and other trust funds authorized by the State Constitution.
878 Section 32. Paragraph (b) of subsection (4) of section
879 215.5601, Florida Statutes, is reenacted to read:
880 215.5601 Lawton Chiles Endowment Fund.—
881 (4) ADMINISTRATION.—
882 (b) The endowment shall be managed as an annuity. The
883 investment objective shall be long-term preservation of the real
884 value of the net contributed principal and a specified regular
885 annual cash outflow for appropriation, as nonrecurring revenue.
886 From the annual cash outflow, a pro rata share shall be used
887 solely for biomedical research activities as provided in
888 paragraph (3)(d), until such time as cures are found for
889 tobacco-related cancer and heart and lung disease. Five percent
890 of the annual cash outflow dedicated to the biomedical research
891 portion of the endowment shall be reinvested and applied to that
892 portion of the endowment’s principal, with the remainder to be
893 spent on biomedical research activities consistent with this
894 section. The schedule of annual cash outflow shall be included
895 within the investment plan adopted under paragraph (a).
896 Withdrawals other than specified regular cash outflow shall be
897 considered reductions in contributed principal for the purposes
898 of this subsection.
899 Section 33. Section 49 of chapter 2008-153, Laws of
900 Florida, is repealed.
901 Section 34. In order to implement the issuance of new debt
902 authorized in the 2009-2010 General Appropriations Act, and
903 pursuant to the requirements of s. 215.98, Florida Statutes, the
904 Legislature determines that the authorization and issuance of
905 debt for the 2009-2010 fiscal year should be implemented and is
906 in the best interest of the state and necessary to address a
907 critical state emergency. This section expires July 1, 2010.
908 Section 35. In order to implement the funds appropriated in
909 the 2009-2010 General Appropriations Act for state employee
910 travel, the funds appropriated to each state agency, which may
911 be used for travel by state employees, shall be limited during
912 the 2009-2010 fiscal year to travel for activities that are
913 critical to each state agency’s mission. Funds may not be used
914 to pay for travel by state employees to foreign countries, other
915 states, conferences, staff-training activities, or other
916 administrative functions unless the agency head has approved in
917 writing that such activities are critical to the agency’s
918 mission. The agency head must consider the use of
919 teleconferencing and other forms of electronic communication to
920 meet the needs of the proposed activity before approving
921 mission-critical travel. This section does not apply to travel
922 for law enforcement purposes, military purposes, emergency
923 management activities, or public health activities.
924 Section 36. A section of this act that implements a
925 specific appropriation or specifically identified proviso
926 language in the 2009-2010 General Appropriations Act is void if
927 the specific appropriation or specifically identified proviso
928 language is vetoed. A section of this act which implements more
929 than one specific appropriation or more than one portion of
930 specifically identified proviso language in the 2009-2010
931 General Appropriations Act is void if all the specific
932 appropriations or portions of specifically identified proviso
933 language are vetoed.
934 Section 37. If any other act passed during the 2009 Regular
935 Session contains a provision that is substantively the same as a
936 provision in this act, but that removes or is otherwise not
937 subject to the future repeal applied to such provision by this
938 act, the Legislature intends that the provision in the other act
939 takes precedence and continues to operate, notwithstanding the
940 future repeal provided by this act.
941 Section 38. If any provision of this act or its application
942 to any person or circumstance is held invalid, the invalidity
943 does not affect other provisions or applications of the act
944 which can be given effect without the invalid provision or
945 application, and to this end the provisions of this act are
946 severable.
947 Section 39. This act shall take effect July 1, 2009; or, if
948 this act fails to become a law until after that date, it shall
949 take effect upon becoming a law and shall operate retroactively
950 to July 1, 2009.