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         945.6041Inmate 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.