SB 2702 First Engrossed
20102702e1
1 A bill to be entitled
2 An act implementing the 2010-2011 General
3 Appropriations Act; providing legislative intent;
4 amending s. 216.292, F.S.; delaying the expiration of
5 provisions providing for the Legislative Budget
6 Commission to review and approve recommendations by
7 the Governor for fixed capital outlay projects funded
8 by grants awarded from the American Recovery and
9 Reinvestment Act of 2009; authorizing the Executive
10 Office of the Governor to transfer funds appropriated
11 for the American Recovery and Reinvestment Act of 2009
12 in traditional appropriation categories in the General
13 Appropriations Act to appropriation categories
14 established for the specific purpose of tracking funds
15 appropriated pursuant to that act; providing for
16 future expiration; amending s. 110.123, F.S., relating
17 to the state group insurance program; requiring that,
18 for the 2010-2011 fiscal year only, the state
19 contribution toward the cost of a plan is the
20 difference between the overall premium and the
21 employee contribution; authorizing the Executive
22 Office of the Governor to transfer funds between
23 departments for purposes of aligning amounts paid for
24 risk management premiums and for purposes of aligning
25 amounts paid for human resource management services;
26 providing that the annual salary of the members of the
27 Legislature be reduced by 7 percent; providing for
28 future expiration; amending s. 112.24, F.S.; delaying
29 the expiration of provisions providing conditions on
30 the assignment of an employee of a state agency
31 without reimbursement from the receiving agency;
32 reenacting s. 215.32(2)(b), F.S., relating to the
33 source and use of certain trust funds in order to
34 implement the transfer of moneys in the General
35 Revenue Fund from trust funds in the 2010-2011 General
36 Appropriations Act; reenacting s. 215.5601(4)(b),
37 F.S., relating to the administration of the Lawton
38 Chiles Endowment Fund; providing a statement of public
39 interest with respect to the issuance of new debt to
40 address a critical state emergency; requiring that the
41 Office of State Courts Administrator report to the
42 Legislature the number of assigned new and reopened
43 cases and the number of cases closed by each judge in
44 each division and circuit for a specified period;
45 authorizing the Department of Corrections and the
46 Department of Juvenile Justice to use certain
47 appropriated funds to assist in defraying the costs
48 incurred by a county or a municipality to open or
49 operate certain facilities; limiting the amount of
50 such assistance; providing for the expiration of the
51 authority to provide the assistance; amending s.
52 29.008, F.S.; providing counties with an exemption
53 from the requirement to annually increase certain
54 expenditures by a specified percentage for the 2010
55 2011 fiscal year; amending s. 216.262, F.S.; delaying
56 the expiration of provisions directing the Department
57 of Corrections to seek a budget amendment for
58 additional positions and appropriations if the inmate
59 population exceeds a certain estimate under certain
60 circumstances; authorizing the Department of Legal
61 Affairs to spend certain appropriated funds on
62 programs that were funded by the department from
63 specific appropriations in general appropriations acts
64 in prior years; providing for the expiration of the
65 authority to spend those appropriations; amending s.
66 394.908, F.S.; delaying the expiration of a provision
67 requiring that funds appropriated for forensic mental
68 health treatment services be allocated to certain
69 areas of the state; amending s. 253.034, F.S.;
70 delaying the expiration of provisions authorizing the
71 deposit of funds derived from the sale of property by
72 the Department of Citrus into the Citrus Advertising
73 Trust Fund; reenacting s. 255.518(1)(b), F.S.,
74 relating to the payment of obligations during the
75 construction of a facility financed by such
76 obligations; providing for the future expiration of
77 certain amendments to such provision and for the
78 reversion of statutory text; amending s. 373.59, F.S.;
79 delaying the expiration of provisions providing for
80 the allocation of moneys from the Water Management
81 Lands Trust Fund for certain purposes; amending s.
82 375.041, F.S.; providing for the transfer of moneys
83 from the Land Acquisition Trust Fund to support the
84 Clean Water State Revolving Fund and Drinking Water
85 State Revolving Fund programs, rather than to the
86 Ecosystem Management and Restoration Trust Fund for
87 grants and aids to local governments for water
88 projects; providing for future expiration; reenacting
89 s. 403.1651(1)(g), F.S., relating to the use of funds
90 from the Ecosystem Management and Restoration Trust
91 Fund for the purpose of funding activities to preserve
92 and repair the state’s beaches; providing for future
93 expiration of certain amendments to such provision and
94 for the reversion of statutory text; amending s.
95 403.1651, F.S.; providing for the transfer of moneys
96 from the Ecosystem Management and Restoration Trust
97 Fund to the General Inspection Trust Fund for the Farm
98 Share, Food Banks, and Mosquito Control program and
99 the Technological Research and Development Authority;
100 providing for future expiration; amending s. 570.20,
101 F.S.; delaying the expiration of provisions
102 authorizing the Department of Agriculture and Consumer
103 Services to use funds from the General Inspection
104 Trust Fund for certain programs; amending s. 403.7095,
105 F.S.; delaying the expiration of provisions requiring
106 that the Department of Environmental Protection award
107 a specified amount in grants equally to certain
108 counties for waste tire and litter prevention,
109 recycling education, and general solid waste programs;
110 authorizing the Department of Agriculture and Consumer
111 Services to extend, revise, and renew current
112 contracts or agreements created or entered into for
113 the purpose of promoting agriculture; providing for
114 future expiration; requiring the Executive Office of
115 the Governor to sell the King Air 350 airplane;
116 requiring the receipts from the sale of the airplane
117 to be deposited into the Bureau of Aircraft Trust
118 Fund; requiring the Department of Financial Services
119 to issue a solicitation for office supplies and award
120 a multiple supplier contract by a specified date;
121 amending s. 339.135, F.S.; delaying the expiration of
122 provisions requiring that the Department of
123 Transportation transfer funds to the Office of
124 Tourism, Trade, and Economic Development for the
125 purpose of funding transportation-related needs of
126 economic development; authorizing such funds to be
127 used for the additional purposes of space and
128 aerospace infrastructure and urban redevelopment
129 infrastructure projects; amending s. 339.08, F.S.;
130 delaying the expiration of provisions relating to the
131 use of moneys in the State Transportation Trust Fund
132 for certain administrative expenses; delaying the
133 expiration of provisions authorizing the Department of
134 Transportation to use moneys from the State
135 Transportation Trust Fund to pay for county and school
136 district transportation infrastructure improvements;
137 amending s. 445.009, F.S.; delaying the expiration of
138 provisions designating participants in an adult or
139 youth work experience activity under ch. 445, F.S., as
140 employees of the state for purposes of workers’
141 compensation coverage; amending s. 163.3247, F.S.;
142 removing a provision that entitles members of the
143 Century Commission for a Sustainable Florida to
144 receive per diem and travel expenses; providing for
145 future expiration of the amendment to such provision
146 and for the reversion of statutory text; amending s.
147 201.15, F.S.; revising provisions relating to funds
148 deposited into the Grants and Donations Trust Fund in
149 the Department of Community Affairs which are used to
150 fund the Century Commission; providing for future
151 expiration of the amendment to such provision and for
152 the reversion of statutory text; amending s. 215.559,
153 F.S.; delaying the expiration of provisions relating
154 to the Hurricane Loss Mitigation Program; revising the
155 amount appropriated for the purpose of inspecting and
156 improving tie-downs for mobile homes; providing an
157 appropriation to the State Logistics Response Center
158 for certain purposes; providing an appropriation to be
159 competitively bid to improve the wind resistance of
160 residences and mobile homes; revising the amount
161 allocated for the operational purposes; reenacting s.
162 332.007(8), F.S., relating to the funding of security
163 projects at publicly owned public-use airports;
164 providing for the future expiration of certain
165 amendments to such provision and for the reversion of
166 statutory text; amending s. 216.292, F.S.; authorizing
167 the transfer of funds for fixed capital outlay between
168 specified appropriation categories; providing for
169 future expiration; authorizing the Executive Office of
170 the Governor to transfer funds for use by the state’s
171 designated primary data centers, pursuant to statutory
172 procedures for notice, review, and objection;
173 authorizing agencies to transfer funds from data
174 processing appropriation categories to other
175 appropriation categories in order to support and
176 manage computer resources, notwithstanding other
177 provisions of law; authorizing the Executive Office of
178 the Governor to transfer funds between agencies in
179 order to allocate a reduction relating to SUNCOM;
180 providing for future expiration; requiring that the
181 Department of Juvenile Justice comply with specified
182 reimbursement limitations with respect to payments to
183 hospitals or health care providers for health care
184 services; authorizing certain payments pursuant to a
185 contracted rate only until the contract expires or is
186 renewed; defining the term “hospital” for purposes of
187 such limitations; providing for future expiration;
188 providing for the effect of a veto of one or more
189 specific appropriations or proviso provisions to which
190 implementing language refers; providing for the
191 continued operation of certain provisions,
192 notwithstanding a future repeal or expiration provided
193 by the act; providing for severability; providing for
194 contingent retroactive application; providing an
195 effective date.
196
197 Be It Enacted by the Legislature of the State of Florida:
198
199 Section 1. It is the intent of the Legislature that the
200 implementing and administering provisions of this act apply to
201 the General Appropriations Act for the 2010-2011 fiscal year.
202 Section 2. In order to implement sections 2 through 7 of
203 the 2010-2011 General Appropriations Act, paragraph (b) of
204 subsection (5) of section 216.292, Florida Statutes, is amended
205 to read:
206 216.292 Appropriations nontransferable; exceptions.—
207 (5)
208 (b) Notwithstanding paragraph (a), and for the 2010-2011
209 2009-2010 fiscal year only, the Governor may recommend the
210 initiation of fixed capital outlay projects funded by grants
211 awarded by the Federal Government through the American Recovery
212 and Reinvestment Act of 2009. All actions taken pursuant to the
213 authority granted in the paragraph are subject to review and
214 approval by the Legislative Budget Commission. This paragraph
215 expires July 1, 2011 2010.
216 Section 3. In order to implement sections 2 through 7 of
217 the 2010-2011 General Appropriations Act, the Executive Office
218 of the Governor is authorized to transfer funds appropriated for
219 the American Recovery and Reinvestment Act of 2009 (ARRA) in
220 traditional appropriation categories in the 2010-2011 General
221 Appropriations Act to appropriation categories established for
222 the specific purpose of tracking funds appropriated for the
223 ARRA. This section expires July 1, 2011.
224 Section 4. In order to implement section 8 of the 2010-2011
225 General Appropriations Act, paragraph (j) is added to subsection
226 (3) of section 110.123, Florida Statutes, to read
227 110.123 State group insurance program.—
228 (3) STATE GROUP INSURANCE PROGRAM.—
229 (j) Notwithstanding the provisions of paragraph (f)
230 requiring uniform contributions, and for the 2010-2011 fiscal
231 year only, the state contribution toward the cost of any plan in
232 the state group insurance plan shall be the difference between
233 the overall premium and the employee contribution. This section
234 expires June 30, 2011.
235 Section 5. In order to implement the appropriation of funds
236 in Special Categories-Risk Management Insurance of the 2010-2011
237 General Appropriations Act, and pursuant to the notice, review,
238 and objection procedures of s. 216.177, Florida Statutes, the
239 Executive Office of the Governor is authorized to transfer funds
240 appropriated in the appropriation category “Special Categories
241 Risk Management Insurance” of the 2010-2011 General
242 Appropriations Act between departments in order to align the
243 budget authority granted with the premiums paid by each
244 department for risk management insurance. This section expires
245 July 1, 2011.
246 Section 6. In order to implement the appropriation of funds
247 in Special Categories-Transfer to Department of Management
248 Services-Human Resources Services Purchased Per Statewide
249 Contract of the 2010-2011 General Appropriations Act, and
250 pursuant to the notice, review, and objection procedures of s.
251 216.177, Florida Statutes, the Executive Office of the Governor
252 is authorized to transfer funds appropriated in the
253 appropriation category “Special Categories-Transfer to
254 Department of Management Services-Human Resources Services
255 Purchased Per Statewide Contract” of the 2010-2011 General
256 Appropriations Act between departments in order to align the
257 budget authority granted with the assessments that must be paid
258 by each agency to the Department of Management Services for
259 human resource management services. This section expires July 1,
260 2011.
261 Section 7. In order to implement Specific Appropriations
262 2768 and 2769 of the 2010-2011 General Appropriations Act:
263 (1) Notwithstanding the provisions of s. 11.13(1), Florida
264 Statutes, relating to the annual adjustment of salaries for
265 members of the Legislature, to the contrary, for the 2010-2011
266 fiscal year only, the authorized salaries of members of the
267 Legislature in effect on June 30, 2010, shall be reduced by 7
268 percent.
269 (2) Effective June 30, 2011, the annual salaries of members
270 of the Legislature shall be set at the amounts authorized and in
271 effect on June 30, 2010, pursuant to subsection (2) of section
272 48 of chapter 2009-82, Laws of Florida.
273 (3) This section expires July 1, 2011.
274 Section 8. In order to implement Specific Appropriations
275 for salaries and benefits in the 2010-2011 General
276 Appropriations Act, paragraph (b) of subsection (3) of section
277 112.24, Florida Statutes, is amended to read:
278 112.24 Intergovernmental interchange of public employees.
279 To encourage economical and effective utilization of public
280 employees in this state, the temporary assignment of employees
281 among agencies of government, both state and local, and
282 including school districts and public institutions of higher
283 education is authorized under terms and conditions set forth in
284 this section. State agencies, municipalities, and political
285 subdivisions are authorized to enter into employee interchange
286 agreements with other state agencies, the Federal Government,
287 another state, a municipality, or a political subdivision
288 including a school district, or with a public institution of
289 higher education. State agencies are also authorized to enter
290 into employee interchange agreements with private institutions
291 of higher education and other nonprofit organizations under the
292 terms and conditions provided in this section. In addition, the
293 Governor or the Governor and Cabinet may enter into employee
294 interchange agreements with a state agency, the Federal
295 Government, another state, a municipality, or a political
296 subdivision including a school district, or with a public
297 institution of higher learning to fill, subject to the
298 requirements of chapter 20, appointive offices which are within
299 the executive branch of government and which are filled by
300 appointment by the Governor or the Governor and Cabinet. Under
301 no circumstances shall employee interchange agreements be
302 utilized for the purpose of assigning individuals to participate
303 in political campaigns. Duties and responsibilities of
304 interchange employees shall be limited to the mission and goals
305 of the agencies of government.
306 (3) Salary, leave, travel and transportation, and
307 reimbursements for an employee of a sending party that is
308 participating in an interchange program shall be handled as
309 follows:
310 (b)1. The assignment of an employee of a state agency
311 either on detail or on leave of absence may be made without
312 reimbursement by the receiving party for the travel and
313 transportation expenses to or from the place of the assignment
314 or for the pay and benefits, or a part thereof, of the employee
315 during the assignment.
316 2. For the 2010-2011 2009-2010 fiscal year only, the
317 assignment of an employee of a state agency as provided in
318 subparagraph 1. may be made if recommended by the Governor or
319 Chief Justice, as appropriate, and approved by the chairs of the
320 Senate Policy and Steering Committee on Ways and Means and the
321 House Full Appropriations Council on General Government and
322 Health Care. Such actions shall be deemed approved if neither
323 chair provides written notice of objection within 14 days after
324 the chair’s receiving notice of the action pursuant to s.
325 216.177. This subparagraph expires July 1, 2011 2010.
326 Section 9. In order to implement the transfer of moneys to
327 the General Revenue Fund from trust funds in the 2010-2011
328 General Appropriations Act, paragraph (b) of subsection (2) of
329 section 215.32, Florida Statutes, is reenacted to read:
330 215.32 State funds; segregation.—
331 (2) The source and use of each of these funds shall be as
332 follows:
333 (b)1. The trust funds shall consist of moneys received by
334 the state which under law or under trust agreement are
335 segregated for a purpose authorized by law. The state agency or
336 branch of state government receiving or collecting such moneys
337 shall be responsible for their proper expenditure as provided by
338 law. Upon the request of the state agency or branch of state
339 government responsible for the administration of the trust fund,
340 the Chief Financial Officer may establish accounts within the
341 trust fund at a level considered necessary for proper
342 accountability. Once an account is established within a trust
343 fund, the Chief Financial Officer may authorize payment from
344 that account only upon determining that there is sufficient cash
345 and releases at the level of the account.
346 2. In addition to other trust funds created by law, to the
347 extent possible, each agency shall use the following trust funds
348 as described in this subparagraph for day-to-day operations:
349 a. Operations or operating trust fund, for use as a
350 depository for funds to be used for program operations funded by
351 program revenues, with the exception of administrative
352 activities when the operations or operating trust fund is a
353 proprietary fund.
354 b. Operations and maintenance trust fund, for use as a
355 depository for client services funded by third-party payors.
356 c. Administrative trust fund, for use as a depository for
357 funds to be used for management activities that are departmental
358 in nature and funded by indirect cost earnings and assessments
359 against trust funds. Proprietary funds are excluded from the
360 requirement of using an administrative trust fund.
361 d. Grants and donations trust fund, for use as a depository
362 for funds to be used for allowable grant or donor agreement
363 activities funded by restricted contractual revenue from private
364 and public nonfederal sources.
365 e. Agency working capital trust fund, for use as a
366 depository for funds to be used pursuant to s. 216.272.
367 f. Clearing funds trust fund, for use as a depository for
368 funds to account for collections pending distribution to lawful
369 recipients.
370 g. Federal grant trust fund, for use as a depository for
371 funds to be used for allowable grant activities funded by
372 restricted program revenues from federal sources.
373
374 To the extent possible, each agency must adjust its internal
375 accounting to use existing trust funds consistent with the
376 requirements of this subparagraph. If an agency does not have
377 trust funds listed in this subparagraph and cannot make such
378 adjustment, the agency must recommend the creation of the
379 necessary trust funds to the Legislature no later than the next
380 scheduled review of the agency’s trust funds pursuant to s.
381 215.3206.
382 3. All such moneys are hereby appropriated to be expended
383 in accordance with the law or trust agreement under which they
384 were received, subject always to the provisions of chapter 216
385 relating to the appropriation of funds and to the applicable
386 laws relating to the deposit or expenditure of moneys in the
387 State Treasury.
388 4.a. Notwithstanding any provision of law restricting the
389 use of trust funds to specific purposes, unappropriated cash
390 balances from selected trust funds may be authorized by the
391 Legislature for transfer to the Budget Stabilization Fund and
392 General Revenue Fund in the General Appropriations Act.
393 b. This subparagraph does not apply to trust funds required
394 by federal programs or mandates; trust funds established for
395 bond covenants, indentures, or resolutions whose revenues are
396 legally pledged by the state or public body to meet debt service
397 or other financial requirements of any debt obligations of the
398 state or any public body; the State Transportation Trust Fund;
399 the trust fund containing the net annual proceeds from the
400 Florida Education Lotteries; the Florida Retirement System Trust
401 Fund; trust funds under the management of the State Board of
402 Education or the Board of Governors of the State University
403 System, where such trust funds are for auxiliary enterprises,
404 self-insurance, and contracts, grants, and donations, as those
405 terms are defined by general law; trust funds that serve as
406 clearing funds or accounts for the Chief Financial Officer or
407 state agencies; trust funds that account for assets held by the
408 state in a trustee capacity as an agent or fiduciary for
409 individuals, private organizations, or other governmental units;
410 and other trust funds authorized by the State Constitution.
411 Section 10. Paragraph (b) of subsection (4) of section
412 215.5601, Florida Statutes, is reenacted to read:
413 215.5601 Lawton Chiles Endowment Fund.—
414 (4) ADMINISTRATION.—
415 (b) The endowment shall be managed as an annuity. The
416 investment objective shall be long-term preservation of the real
417 value of the net contributed principal and a specified regular
418 annual cash outflow for appropriation, as nonrecurring revenue.
419 From the annual cash outflow, a pro rata share shall be used
420 solely for biomedical research activities as provided in
421 paragraph (3)(d), until such time as cures are found for
422 tobacco-related cancer and heart and lung disease. Five percent
423 of the annual cash outflow dedicated to the biomedical research
424 portion of the endowment shall be reinvested and applied to that
425 portion of the endowment’s principal, with the remainder to be
426 spent on biomedical research activities consistent with this
427 section. The schedule of annual cash outflow shall be included
428 within the investment plan adopted under paragraph (a).
429 Withdrawals other than specified regular cash outflow shall be
430 considered reductions in contributed principal for the purposes
431 of this subsection.
432 Section 11. In order to implement the issuance of new debt
433 authorized in the 2010-2011 General Appropriations Act, and
434 pursuant to the requirements of s. 215.98, Florida Statutes, the
435 Legislature determines that the authorization and issuance of
436 debt for the 2010-2011 fiscal year should be implemented and is
437 in the best interest of the state and necessary to address a
438 critical state emergency.
439 Section 12. In order to implement Specific Appropriations
440 3238 through 3260 of the 2010-2011 General Appropriations Act,
441 the Office of State Courts Administrator shall report by
442 February 15, 2011, to the chairs of the Senate Policy and
443 Steering Committee on Ways and Means and the House Full
444 Appropriations Council on Education and Economic Development,
445 the number of assigned new and reopened cases and the number of
446 cases closed by each judge in each division and circuit for the
447 period January 1, 2010, through December 31, 2010.
448 Section 13. In order to fulfill legislative intent
449 regarding the use of funds contained in Specific Appropriations
450 639, 651, 663, and 1188 of the 2010-2011 General Appropriations
451 Act, the Department of Corrections and the Department of
452 Juvenile Justice may expend appropriated funds to assist in
453 defraying the costs of impacts that are incurred by a
454 municipality or county and that are associated with opening or
455 operating a facility under the authority of the respective
456 department. The amount paid for any facility may not exceed 1
457 percent of the cost to construct the facility, less building
458 impact fees imposed by the municipality or county. This section
459 expires July 1, 2011.
460 Section 14. In order to implement section VII of the 2010
461 2011 General Appropriations Act, paragraph (c) is added to
462 subsection (4) of section 29.008, Florida Statutes, to read:
463 29.008 County funding of court-related functions.—
464 (4)
465 (c) Counties are exempt from all requirements and
466 provisions of paragraph (a) for the 2010-2011 fiscal year.
467 Accordingly, for the 2010-2011 fiscal year, counties shall
468 maintain, but are not required to increase, their expenditures
469 for the items specified in paragraphs (1)(a)-(h) and subsection
470 (3). The requirements described in paragraph (a) shall be
471 reinstated beginning with the 2011-2012 fiscal year. This
472 paragraph expires July 1, 2011.
473 Section 15. In order to implement Specific Appropriations
474 629 through 728 and 747 through 781 of the 2010-2011 General
475 Appropriations Act, subsection (4) of section 216.262, Florida
476 Statutes, is amended to read:
477 216.262 Authorized positions.—
478 (4) Notwithstanding the provisions of this chapter on
479 increasing the number of authorized positions, and for the 2010
480 2011 2009-2010 fiscal year only, if the actual inmate population
481 of the Department of Corrections exceeds the inmate population
482 projections of the February 19, 2010 April 30, 2009, Criminal
483 Justice Estimating Conference by 1 percent for 2 consecutive
484 months or 2 percent for any month, the Executive Office of the
485 Governor, with the approval of the Legislative Budget
486 Commission, shall immediately notify the Criminal Justice
487 Estimating Conference, which shall convene as soon as possible
488 to revise the estimates. The Department of Corrections may then
489 submit a budget amendment requesting the establishment of
490 positions in excess of the number authorized by the Legislature
491 and additional appropriations from unallocated general revenue
492 sufficient to provide for essential staff, fixed capital
493 improvements, and other resources to provide classification,
494 security, food services, health services, and other variable
495 expenses within the institutions to accommodate the estimated
496 increase in the inmate population. All actions taken pursuant to
497 the authority granted in this subsection shall be subject to
498 review and approval by the Legislative Budget Commission. This
499 subsection expires July 1, 2011 2010.
500 Section 16. In order to implement Specific Appropriations
501 1343 and 1344 of the 2010-2011 General Appropriations Act, the
502 Department of Legal Affairs is authorized to expend appropriated
503 funds in those specific appropriations on the same programs that
504 were funded by the department pursuant to specific
505 appropriations made in general appropriations acts in prior
506 years. This section expires July 1, 2011.
507 Section 17. In order to implement Specific Appropriations
508 324 through 345 of the 2010-2011 General Appropriations Act,
509 paragraph (b) of subsection (3) of section 394.908, Florida
510 Statutes, is amended to read:
511 394.908 Substance abuse and mental health funding equity;
512 distribution of appropriations.—In recognition of the historical
513 inequity in the funding of substance abuse and mental health
514 services for the department’s districts and regions and to
515 rectify this inequity and provide for equitable funding in the
516 future throughout the state, the following funding process shall
517 be used:
518 (3)
519 (b) Notwithstanding paragraph (a) and for the 2010-2011
520 2009-2010 fiscal year only, funds appropriated for forensic
521 mental health treatment services shall be allocated to the areas
522 of the state having the greatest demand for services and
523 treatment capacity. This paragraph expires July 1, 2011 2010.
524 Section 18. In order to implement Specific Appropriations
525 2379 through 2401 of the 2010-2011 General Appropriations Act,
526 subsection (14) of section 253.034, Florida Statutes, is amended
527 to read:
528 253.034 State-owned lands; uses.—
529 (14) Notwithstanding the provisions of this section, funds
530 derived from the sale of property by the Department of Citrus
531 located in Lakeland, Florida, are authorized to be deposited
532 into the Citrus Advertising Trust Fund. This subsection expires
533 July 1, 2011 2010.
534 Section 19. In order to implement Specific Appropriation
535 1708Q of the 2010-2011 General Appropriations Act, paragraph (b)
536 of subsection (1) of section 255.518, Florida Statutes, is
537 reenacted to read:
538 255.518 Obligations; purpose, terms, approval,
539 limitations.—
540 (1)
541 (b) Payment of debt service charges on obligations during
542 the construction of any facility financed by such obligations
543 shall be made from funds other than proceeds of obligations.
544 Section 20. The amendment to s. 255.518(1)(b), Florida
545 Statutes, as carried forward by this act from chapter 2008-153
546 and chapter 2009-82, Laws of Florida, shall expire July 1, 2011,
547 and the text of that paragraph shall revert to that in existence
548 on June 30, 2008, except that any amendments to such text
549 enacted other than by this act shall be preserved and continue
550 to operate to the extent that such amendments are not dependent
551 upon the portions of such text which expire pursuant to this
552 section.
553 Section 21. In order to implement Specific Appropriation
554 1692 of the 2010-2011 General Appropriations Act, subsection
555 (12) of section 373.59, Florida Statutes, is amended to read:
556 373.59 Water Management Lands Trust Fund.—
557 (12) Notwithstanding the provisions of subsection (8) and
558 for the 2010-2011 2009-2010 fiscal year only, the moneys from
559 the Water Management Lands Trust Fund shall be allocated as
560 follows:
561 (a) An amount necessary to pay debt service on bonds issued
562 before February 1, 2009, by the South Florida Water Management
563 District and the St. Johns River Water Management District,
564 which are secured by revenues provided pursuant to this section,
565 or to fund debt service reserve funds, rebate obligations, or
566 other amounts payable with respect to such bonds;
567 (b) Eight million dollars to be transferred to the General
568 Revenue Fund; and
569 (c) The remaining funds to be distributed equally between
570 the Suwannee River Water Management District and the Northwest
571 Florida Water Management District.
572
573 This subsection expires July 1, 2011 2010.
574 Section 22. In order to implement Specific Appropriations
575 1763, 1789, and 1790 of the 2010-2011 General Appropriations
576 Act, paragraph (b) of subsection (3) of section 375.041, Florida
577 Statutes, is amended to read:
578 375.041 Land Acquisition Trust Fund.—
579 (3)
580 (b) In addition to the uses allowed in paragraph (a), for
581 the 2010-2011 2008-2009 fiscal year, moneys in the Land
582 Acquisition Trust Fund are authorized for transfer to support
583 the Clean Water State Revolving Fund, the Drinking Water State
584 Revolving Fund, and the Total Maximum Daily Loads programs the
585 Ecosystem Management and Restoration Trust Fund for grants and
586 aids to local governments for water projects as provided in the
587 General Appropriations Act. This paragraph expires July 1, 2011
588 2009.
589 Section 23. In order to implement Specific Appropriations
590 1765, 1766, 1767, 1769, and 1769A, paragraph (g) of subsection
591 (1) of section 403.1651, Florida Statutes, is reenacted to read:
592 403.1651 Ecosystem Management and Restoration Trust Fund.—
593 (1) There is created the Ecosystem Management and
594 Restoration Trust Fund to be administered by the Department of
595 Environmental Protection for the purposes of:
596 (g) Funding activities to preserve and repair the state’s
597 beaches as provided in ss. 161.091-161.212.
598 Section 24. The amendment to s. 403.1651(1)(g), Florida
599 Statutes, as carried forward by this act from chapter 2009-82,
600 Laws of Florida, shall expire July 1, 2011, and the text of that
601 subsection shall revert to that in existence on June 30, 2009,
602 except that any amendments to such text enacted other than by
603 this act shall be preserved and continue to operate to the
604 extent that such amendments are not dependent upon the portions
605 of such text which expire pursuant to this section.
606 Section 25. In order to implement Specific Appropriations
607 1396A, 1456, 1491A, and 1493A of the 2010-2011 General
608 Appropriations Act, subsection (3) is added to section 403.1651,
609 Florida Statutes, to read:
610 403.1651 Ecosystem Management and Restoration Trust Fund.—
611 (3) For the 2010-2011 fiscal year only, moneys in the
612 Ecosystems Management and Restoration Trust Fund are authorized
613 for transfer to the General Inspection Trust Fund in the
614 Department of Agriculture and Consumer Services for the Farm
615 Share, Food Banks, and Mosquito Control programs, and the
616 Technological Research and Development Authority. This
617 subsection expires July 1, 2011.
618 Section 26. In order to implement Specific Appropriations
619 1378 through 1538 of the 2010-2011 General Appropriations Act,
620 subsection (2) of section 570.20, Florida Statutes, is amended
621 to read:
622 570.20 General Inspection Trust Fund.—
623 (2) For the 2010-2011 2009-2010 fiscal year only and
624 notwithstanding any other provision of law to the contrary, in
625 addition to the spending authorized in subsection (1), moneys in
626 the General Inspection Trust Fund may be appropriated for
627 programs operated by the department which are related to the
628 programs authorized by this chapter. This subsection expires
629 July 1, 2011 2010.
630 Section 27. In order to implement Specific Appropriation
631 1833 of the 2010-2011 General Appropriations Act, subsection (7)
632 of section 403.7095, Florida Statutes, is amended to read:
633 403.7095 Solid waste management grant program.—
634 (7) Notwithstanding any provision of this section to the
635 contrary, and for the 2010-2011 2009-2010 fiscal year only, the
636 Department of Environmental Protection shall award the sum of
637 $1,775,207 $2,600,000 in grants equally to counties having
638 populations of fewer than 100,000 for waste tire and litter
639 prevention, recycling education, and general solid waste
640 programs. This subsection expires July 1, 2011 2010.
641 Section 28. In order to implement Specific Appropriation
642 1490 of the 2010-2011 General Appropriations Act and to provide
643 consistency and continuity in the promotion of agriculture
644 throughout the state, notwithstanding s. 287.057, Florida
645 Statutes, the Department of Agriculture and Consumer Services,
646 at its discretion, may extend, revise, and renew current
647 contracts or agreements created or entered into pursuant to
648 chapter 2006-25, Laws of Florida. This section expires July 1,
649 2011.
650 Section 29. In order to implement Specific Appropriations
651 2646H through 2646O provided in the 2010-2011 General
652 Appropriations Act, the Executive Office of the Governor shall
653 sell the King Air 350 airplane. The receipts from the sale shall
654 be deposited into the Bureau of Aircraft Trust Fund and expended
655 in accordance with s. 287.161, Florida Statutes. Receipts from
656 the sale are exempt from the service charge imposed pursuant to
657 s. 215.20, Florida Statutes.
658 Section 30. Notwithstanding any provision in chapter 287,
659 Florida Statutes, to the contrary, the Department of Financial
660 Services shall issue, by January 1, 2011, a solicitation for
661 office supplies, and subsequently award a multiple-supplier
662 contract with at least three awarded vendors.
663 Section 31. In order to implement Specific Appropriation
664 2125 in the 2010-2011 General Appropriations Act, subsection (5)
665 of section 339.135, Florida Statutes, is amended to read:
666 339.135 Work program; legislative budget request;
667 definitions; preparation, adoption, execution, and amendment.—
668 (5) ADOPTION OF THE WORK PROGRAM.—
669 (a) The original approved budget for operational and fixed
670 capital expenditures for the department shall be the Governor’s
671 budget recommendation and the first year of the tentative work
672 program, as both are amended by the General Appropriations Act
673 and any other act containing appropriations. In accordance with
674 the appropriations act, the department shall, prior to the
675 beginning of the fiscal year, adopt a final work program which
676 shall only include the original approved budget for the
677 department for the ensuing fiscal year together with any roll
678 forwards approved pursuant to paragraph (6)(c) and the portion
679 of the tentative work program for the following 4 fiscal years
680 revised in accordance with the original approved budget for the
681 department for the ensuing fiscal year together with said roll
682 forwards. The adopted work program may include only those
683 projects submitted as part of the tentative work program
684 developed under the provisions of subsection (4) plus any
685 projects which are separately identified by specific
686 appropriation in the General Appropriations Act and any roll
687 forwards approved pursuant to paragraph (6)(c). However, any
688 transportation project of the department which is identified by
689 specific appropriation in the General Appropriations Act shall
690 be deducted from the funds annually distributed to the
691 respective district pursuant to paragraph (4)(a). In addition,
692 the department shall not in any year include any project or
693 allocate funds to a program in the adopted work program that is
694 contrary to existing law for that particular year. Projects
695 shall not be undertaken unless they are listed in the adopted
696 work program.
697 (b) Notwithstanding paragraph (a), and for the 2010-2011
698 2009-2010 fiscal year only, the Department of Transportation
699 shall transfer funds to the Office of Tourism, Trade, and
700 Economic Development in an amount equal to $20,300,000 for the
701 purpose of funding transportation-related needs of economic
702 development projects, space and aerospace infrastructure, and
703 urban redevelopment infrastructure projects. This transfer does
704 shall not reduce, delete, or defer any existing projects funded,
705 as of July 1, 2010 2009, in the Department of Transportation’s
706 5-year work program. This paragraph expires July 1, 2011 2010.
707 Section 32. In order to implement section 34 of the 2010
708 2011 General Appropriations Act, paragraph (n) of subsection (1)
709 of section 339.08, Florida Statutes, is amended to read:
710 339.08 Use of moneys in State Transportation Trust Fund.—
711 (1) The department shall expend moneys in the State
712 Transportation Trust Fund accruing to the department, in
713 accordance with its annual budget. The use of such moneys shall
714 be restricted to the following purposes:
715 (n) To pay administrative expenses incurred in accordance
716 with applicable laws for a multicounty transportation or
717 expressway authority created under chapter 343 or chapter 348,
718 where jurisdiction for the authority includes a portion of the
719 State Highway System and the administrative expenses are in
720 furtherance of the duties and responsibilities of the authority
721 in the development of improvements to the State Highway System.
722 This paragraph expires July 1, 2011 2010.
723 Section 33. In order to implement Specific Appropriation
724 2112 of the 2010-2011 General Appropriations Act, paragraph (p)
725 of subsection (1) of section 339.08, Florida Statutes, is
726 amended to read:
727 339.08 Use of moneys in State Transportation Trust Fund.—
728 (1) The department shall expend moneys in the State
729 Transportation Trust Fund accruing to the department, in
730 accordance with its annual budget. The use of such moneys shall
731 be restricted to the following purposes:
732 (p) To pay for county and school district transportation
733 infrastructure improvements. This paragraph expires July 1, 2011
734 2010.
735 Section 34. In order to implement Specific Appropriation
736 2214 of the 2010-2011 General Appropriations Act, subsection
737 (11) of section 445.009, Florida Statutes, is amended to read:
738 445.009 One-stop delivery system.—
739 (11)(a) A participant in an adult or youth work experience
740 activity administered under this chapter shall be deemed an
741 employee of the state for purposes of workers’ compensation
742 coverage. In determining the average weekly wage, all
743 remuneration received from the employer shall be considered a
744 gratuity, and the participant shall not be entitled to any
745 benefits otherwise payable under s. 440.15, regardless of
746 whether the participant may be receiving wages and remuneration
747 from other employment with another employer and regardless of
748 his or her future wage-earning capacity.
749 (b) This subsection expires July 1, 2011 2010.
750 Section 35. In order to implement Specific Appropriations
751 1557 through 1560 of the 2010-2011 General Appropriations Act,
752 paragraph (d) of subsection (3) of section 163.3247, Florida
753 Statutes, is amended to read:
754 163.3247 Century Commission for a Sustainable Florida.—
755 (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; CREATION;
756 ORGANIZATION.—The Century Commission for a Sustainable Florida
757 is created as a standing body to help the citizens of this state
758 envision and plan their collective future with an eye towards
759 both 25-year and 50-year horizons.
760 (d) Members of the commission shall serve without
761 compensation but shall be entitled to receive per diem and
762 travel expenses in accordance with s. 112.061 while in
763 performance of their duties.
764 Section 36. The amendment to s. 163.3247(3)(d), Florida
765 Statutes, made by this act shall expire July 1, 2011, and the
766 text of that paragraph shall revert to that in existence on June
767 30, 2010, except that any amendments to such text enacted other
768 than by this act shall be preserved and continue to operate to
769 the extent that such amendments are not dependent upon the
770 portions of such text which expire pursuant to this section.
771 Section 37. In order to implement Specific Appropriations
772 1557 through 1560 of the 2010-2011 General Appropriations Act,
773 paragraph (c) of subsection (1) of section 201.15, Florida
774 Statutes, as amended by section 2 of chapter 2009-271, Laws of
775 Florida, is amended to read:
776 201.15 Distribution of taxes collected.—All taxes collected
777 under this chapter are subject to the service charge imposed in
778 s. 215.20(1). Prior to distribution under this section, the
779 Department of Revenue shall deduct amounts necessary to pay the
780 costs of the collection and enforcement of the tax levied by
781 this chapter. Such costs and the service charge may not be
782 levied against any portion of taxes pledged to debt service on
783 bonds to the extent that the costs and service charge are
784 required to pay any amounts relating to the bonds. After
785 distributions are made pursuant to subsection (1), all of the
786 costs of the collection and enforcement of the tax levied by
787 this chapter and the service charge shall be available and
788 transferred to the extent necessary to pay debt service and any
789 other amounts payable with respect to bonds authorized before
790 January 1, 2010, secured by revenues distributed pursuant to
791 subsection (1). All taxes remaining after deduction of costs and
792 the service charge shall be distributed as follows:
793 (1) Sixty-three and thirty-one hundredths percent of the
794 remaining taxes shall be used for the following purposes:
795 (c) After the required payments under paragraphs (a) and
796 (b), the remainder shall be paid into the State Treasury to the
797 credit of:
798 1. The State Transportation Trust Fund in the Department of
799 Transportation in the amount of the lesser of 38.2 percent of
800 the remainder or $541.75 million in each fiscal year, to be used
801 for the following specified purposes, notwithstanding any other
802 law to the contrary:
803 a. For the purposes of capital funding for the New Starts
804 Transit Program, authorized by Title 49, U.S.C. s. 5309 and
805 specified in s. 341.051, 10 percent of these funds;
806 b. For the purposes of the Small County Outreach Program
807 specified in s. 339.2818, 5 percent of these funds. Effective
808 July 1, 2014, the percentage allocated under this sub
809 subparagraph shall be increased to 10 percent;
810 c. For the purposes of the Strategic Intermodal System
811 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
812 of these funds after allocating for the New Starts Transit
813 Program described in sub-subparagraph a. and the Small County
814 Outreach Program described in sub-subparagraph b.; and
815 d. For the purposes of the Transportation Regional
816 Incentive Program specified in s. 339.2819, 25 percent of these
817 funds after allocating for the New Starts Transit Program
818 described in sub-subparagraph a. and the Small County Outreach
819 Program described in sub-subparagraph b. Effective July 1, 2014,
820 the first $60 million of the funds allocated pursuant to this
821 sub-subparagraph shall be allocated annually to the Florida Rail
822 Enterprise for the purposes established in s. 341.303(5).
823 2. The Grants and Donations Trust Fund in the Department of
824 Community Affairs in the amount of the lesser of .23 percent of
825 the remainder or $3.25 million in each fiscal year, with 92
826 percent to be used to fund technical assistance to local
827 governments and school boards on the requirements and
828 implementation of this act and the remaining amount to be used
829 to fund the Century Commission established in s. 163.3247.
830 3. The Ecosystem Management and Restoration Trust Fund in
831 the amount of the lesser of 2.12 percent of the remainder or $30
832 million in each fiscal year, to be used for the preservation and
833 repair of the state’s beaches as provided in ss. 161.091
834 161.212.
835 4. General Inspection Trust Fund in the amount of the
836 lesser of .02 percent of the remainder or $300,000 in each
837 fiscal year to be used to fund oyster management and restoration
838 programs as provided in s. 379.362(3).
839
840 Moneys distributed pursuant to this paragraph may not be pledged
841 for debt service unless such pledge is approved by referendum of
842 the voters.
843 Section 38. The amendment to s. 201.15(1)(c)2., Florida
844 Statutes, made by this act shall expire July 1, 2011, and the
845 text of that subparagraph shall revert to that in existence on
846 June 30, 2010, except that any amendments to such text enacted
847 other than by this act shall be preserved and continue to
848 operate to the extent that such amendments are not dependent
849 upon the portions of such text which expire pursuant to this
850 section.
851 Section 39. In order to implement Specific Appropriations
852 1567, 1569, 1571, 1575, 1594, 1596, 1598, and 1617 of the 2010
853 2011 General Appropriations Act, subsection (8) of section
854 215.559, Florida Statutes, is amended to read:
855 215.559 Hurricane Loss Mitigation Program.—
856 (8)(a) Notwithstanding any other provision of this section
857 and for the 2010-2011 2008-2009 fiscal year only, the $10
858 million appropriation provided for in subsection (1) shall be
859 allocated as follows:
860 1. The sum of $2.7 $2.8 million shall be used to inspect
861 and improve tie-downs for mobile homes for the same purpose as
862 specified in paragraph (3)(a).
863 2. The sum of $3 million shall be used for operating costs
864 of the State Logistics Response Center and the original purposes
865 identified in paragraph (2)(b), as appropriated $700,000 shall
866 be allocated to the Florida International University for the
867 same purpose as specified in subsection (4).
868 3. The sum of $4,192,389 $6,421,764 shall be competitively
869 bid for the purposes provided in paragraph (2)(a) used to
870 install emergency power generators in special-needs hurricane
871 evacuation shelters as provided in s. 1, ch. 2006-71, Laws of
872 Florida, except that such funds may not be used for
873 administrative purposes.
874 4. The sum of $107,611 $78,236 shall be allocated for
875 operational purposes of the department as specified in the 2010
876 2011 2008-2009 General Appropriations Act.
877 (b) This subsection expires July 1, 2011 2009.
878 Section 40. In order to implement Specific Appropriation
879 2072 of the 2010-2011 General Appropriations Act, subsection (8)
880 of section 332.007, Florida Statutes, is reenacted to read:
881 332.007 Administration and financing of aviation and
882 airport programs and projects; state plan.—
883 (8) Notwithstanding any other provision of law to the
884 contrary, the department is authorized to fund security
885 projects, including operational and maintenance assistance, at
886 publicly owned public-use airports. For projects in the current
887 adopted work program, or projects added using the available
888 budget of the department, airports may request the department
889 change the project purpose in accordance with this provision
890 notwithstanding the provisions of s. 339.135(7). For purposes of
891 this subsection, the department may fund up to 100 percent of
892 eligible project costs that are not funded by the Federal
893 Government. This subsection shall expire on June 30, 2012.
894 Section 41. The amendment to s. 332.007(8), Florida
895 Statutes, as carried forward by this act from chapter 2009-82,
896 Laws of Florida, shall expire July 1, 2011, and the text of that
897 subsection shall revert to that in existence on June 30, 2009,
898 except that any amendments to such text enacted other than by
899 this act shall be preserved and continue to operate to the
900 extent that such amendments are not dependent upon the portions
901 of such text which expire pursuant to this section.
902 Section 42. In order to implement Specific Appropriation 18
903 of the 2010-2011 General Appropriations Act, paragraph (c) is
904 added to subsection (3) of section 216.292, Florida Statutes, to
905 read:
906 216.292 Appropriations nontransferable; exceptions.—
907 (3) The following transfers are authorized with the
908 approval of the Executive Office of the Governor for the
909 executive branch or the Chief Justice for the judicial branch,
910 subject to the notice and objection provisions of s. 216.177:
911 (c) The transfer of appropriations for fixed capital outlay
912 from the Survey Recommended Needs - Public Schools appropriation
913 category to the Maintenance, Repair, Renovation, and Remodeling
914 appropriation category. The allocation of transferred funds
915 shall be in accordance with s. 1013.64(1). This paragraph
916 expires July 1, 2011.
917 Section 43. In order to implement the appropriations
918 authorized in the 2010-2011 General Appropriations Act for each
919 of the state’s designated primary data centers, which are funded
920 from the data processing appropriation category and other
921 categories used to pay for computing services of user agencies,
922 and pursuant to the notice, review, and objection procedures of
923 s. 216.177, Florida Statutes, the Executive Office of the
924 Governor is authorized to transfer funds appropriated in any
925 appropriation category used to pay for data processing in the
926 2010-2011 General Appropriations Act between agencies in order
927 to align the budget authority granted with the utilization rate
928 of each department.
929 Section 44. In order to implement the appropriations
930 authorized in the 2010-2011 General Appropriations Act which
931 were submitted pursuant to the provisions of s. 17 of chapter
932 2008-116, Laws of Florida, and notwithstanding s. 216.181(1)(c),
933 Florida Statutes, an agency may transfer funds from the data
934 processing appropriation categories to another appropriation
935 category for the purpose of supporting and managing its computer
936 resources until such time as the agency’s data processing
937 function is transferred to the Southwood Shared Resource Center,
938 the Northwood Shared Resource Center, or the Northwest Regional
939 Data Center.
940 Section 45. In order to implement Specific Appropriation
941 2179B, the Executive Office of the Governor is authorized to
942 transfer funds appropriated in the appropriation category
943 “Expenses” of the 2010-2011 General Appropriations Act between
944 agencies in order to allocate a reduction relating to SUNCOM
945 Services. This section expires July 1, 2011.
946 Section 46. (1) In order to implement Specific
947 Appropriations 1119 through 1126, 1167 through 1185, 1194, and
948 1199, the Department of Juvenile Justice must comply with the
949 following reimbursement limitations:
950 (a) No payment to a hospital or a health care provider may
951 exceed 110 percent of the Medicare allowable rate for any health
952 care services provided if no contract exists between the
953 department and either the hospital or the health care provider
954 providing services at a hospital;
955 (b) The department may continue to make payments for health
956 care services at the currently contracted rates through the
957 current term of the contract if a contract has been executed
958 between the department and a hospital or a health care provider
959 providing services to a hospital; however, no payments may
960 exceed 110 percent of Medicare allowable rate after the current
961 term of the contract expires or after the contract is renewed
962 during the 2010-2011 fiscal year;
963 (c) Payments may not exceed 110 percent of the Medicare
964 allowable rates under a contract executed on or after July 1,
965 2010, between the department and a hospital or health care
966 provider providing services at a hospital;
967 (d) Notwithstanding the limitations of paragraphs (a), (b),
968 and (c), the department may pay up to 125 percent of the
969 Medicare allowable rate for health care services at a hospital
970 that reports or has reported a negative operating margin for the
971 prior fiscal year to the Agency for Health Care Administration
972 through hospital-audited financial data; and
973 (e) The department may not execute a contract for health
974 care services at hospitals for rates other than rates based on a
975 percentage of the Medicare allowable rate.
976 (2) For purposes of this section, “hospital” means any
977 hospital licensed under chapter 395, Florida Statutes.
978 (3) This section expires July 1, 2011.
979 Section 47. Any section of this act which implements a
980 specific appropriation or specifically identified proviso
981 language in the 2010-2011 General Appropriations Act is void if
982 the specific appropriation or specifically identified proviso
983 language is vetoed. Any section of this act which implements
984 more than one specific appropriation or more than one portion of
985 specifically identified proviso language in the 2010-2011
986 General Appropriations Act is void if all the specific
987 appropriations or portions of specifically identified proviso
988 language are vetoed.
989 Section 48. If any other act passed in 2010 contains a
990 provision that is substantively the same as a provision in this
991 act, but that removes or is otherwise not subject to the future
992 repeal applied to such provision by this act, the Legislature
993 intends that the provision in the other act shall take
994 precedence and continue to operate, notwithstanding the future
995 repeal provided by this act.
996 Section 49. If any provision of this act or its application
997 to any person or circumstance is held invalid, the invalidity
998 does not affect other provisions or applications of the act
999 which can be given effect without the invalid provision or
1000 application, and to this end the provisions of this act are
1001 severable.
1002 Section 50. This act shall take effect July 1, 2010; or, if
1003 this act fails to become a law until after that date, it shall
1004 take effect upon becoming a law and shall operate retroactively
1005 to July 1, 2010.
1006