| 1 | A bill to be entitled |
| 2 | An act relating to implementing the 2010-2011 General |
| 3 | Appropriations Act; providing legislative intent; |
| 4 | incorporating by reference certain calculations of the |
| 5 | Florida Education Finance Program for the 2010-2011 fiscal |
| 6 | year; amending s. 216.292, F.S.; authorizing the transfer |
| 7 | of funds, upon certain approval, for fixed capital outlay |
| 8 | from the Survey Recommended Needs-Public Schools |
| 9 | appropriation category to the Maintenance, Repair, |
| 10 | Renovation and Remodeling appropriation category; |
| 11 | authorizing the Department of Corrections and the |
| 12 | Department of Juvenile Justice to make certain |
| 13 | expenditures to defray costs incurred by a municipality or |
| 14 | county as a result of opening or operating a facility |
| 15 | under authority of the respective department; amending s. |
| 16 | 216.262, F.S.; providing for additional positions to |
| 17 | operate additional prison bed capacity under certain |
| 18 | circumstances; authorizing the Department of Legal Affairs |
| 19 | to transfer certain funds to pay salaries and benefits; |
| 20 | amending s. 932.7055, F.S.; delaying the expiration of |
| 21 | provisions authorizing a municipality to expend funds from |
| 22 | its special law enforcement trust fund to reimburse the |
| 23 | municipality's general fund; amending s. 394.908, F.S.; |
| 24 | providing allocation requirements for specified funds |
| 25 | appropriated for forensic mental health services; |
| 26 | requiring that funds appropriated through the Community- |
| 27 | Based Medicaid Administrative Claiming Program be |
| 28 | allocated proportionately to contributed provider |
| 29 | earnings; amending s. 215.5602, F.S.; suspending for the |
| 30 | 2010-2011 fiscal year the reservation of a portion of |
| 31 | certain funds in the Health Care Trust Fund for certain |
| 32 | research purposes; extending the expiration date of the |
| 33 | James and Esther King Biomedical Research Program; |
| 34 | amending s. 381.992, F.S.; deleting an obsolete |
| 35 | authorization of funding for the William G. "Bill" |
| 36 | Bankhead, Jr., and David Coley Cancer Research Program; |
| 37 | extending the expiration date of the program; prohibiting |
| 38 | any state agency from adopting or implementing a rule or |
| 39 | policy mandating or establishing new nitrogen-reduction |
| 40 | limits under certain circumstances; requiring the Florida |
| 41 | Catastrophic Storm Risk Management Center at Florida State |
| 42 | University to conduct an analysis; amending s. 218.12, |
| 43 | F.S.; requiring that the value of assessments reduced |
| 44 | pursuant to s. 4(d)(8)a. of Art. VII of the State |
| 45 | Constitution include only the reduction in taxable value |
| 46 | for homesteads established in the preceding year; |
| 47 | reenacting s. 255.518(1)(b), F.S., relating to payment of |
| 48 | obligations during the construction of any facility |
| 49 | financed by such obligations; amending s. 255.503, F.S.; |
| 50 | delaying the expiration of provisions relating to the |
| 51 | Florida Facilities Pool; amending s. 253.034, F.S.; |
| 52 | authorizing the deposit of funds derived from the sale of |
| 53 | property by the Department of Citrus into the Citrus |
| 54 | Advertising Trust Fund; amending s. 375.041, F.S.; |
| 55 | authorizing transfer of moneys in the Land Acquisition |
| 56 | Trust Fund to the Water Quality Assurance Trust Fund for |
| 57 | the Total Maximum Daily Loads Program, the Drinking Water |
| 58 | Facility Construction-State Revolving Loan Fund, and the |
| 59 | Wastewater Facility Treatment Construction-State Revolving |
| 60 | Loan Fund as provided in the General Appropriations Act; |
| 61 | amending s. 373.59, F.S.; providing for the allocation of |
| 62 | moneys from the Water Management Lands Trust Fund for |
| 63 | certain purposes; amending s. 376.3071, F.S.; delaying the |
| 64 | repeal of provisions relating to funding from the Inland |
| 65 | Protection Trust Fund for site restoration; amending s. |
| 66 | 570.20, F.S.; delaying the expiration of provisions |
| 67 | authorizing moneys in the General Inspection Trust Fund to |
| 68 | be appropriated for certain programs operated by the |
| 69 | Department of Agriculture and Consumer Services; amending |
| 70 | s. 403.7095, F.S.; requiring that the Department of |
| 71 | Environmental Protection award a specified amount in |
| 72 | grants equally to certain counties for waste tire and |
| 73 | litter prevention, recycling education, and general solid |
| 74 | waste programs; authorizing the Department of Agriculture |
| 75 | and Consumer Services to extend, revise, and renew current |
| 76 | contracts or agreements created or entered into for the |
| 77 | purpose of promotion of agriculture; amending s. 339.135, |
| 78 | F.S.; providing for use of transportation revenues; |
| 79 | requiring that the Department of Transportation transfer |
| 80 | funds to the Office of Tourism, Trade, and Economic |
| 81 | Development for the purpose of funding transportation- |
| 82 | related needs of economic development projects; providing |
| 83 | that funds appropriated from the Economic Development |
| 84 | Transportation Trust Fund may be used to attract new space |
| 85 | business to the state and for other specified needs for |
| 86 | the development of aviation and aerospace operations; |
| 87 | amending s. 216.292, F.S.; permitting the Legislative |
| 88 | Budget Commission to review and approve recommendations by |
| 89 | the Governor for fixed capital outlay projects funded by |
| 90 | grants awarded from the American Recovery and Reinvestment |
| 91 | Act of 2009 or by any other federal economic stimulus |
| 92 | grant funding received; authorizing the Executive Office |
| 93 | of the Governor to transfer funds appropriated for the |
| 94 | American Recovery and Reinvestment Act of 2009 in |
| 95 | traditional appropriation categories in the General |
| 96 | Appropriations Act to appropriation categories established |
| 97 | for the specific purpose of tracking funds appropriated |
| 98 | for the act; reenacting s. 288.1254(4)(c) and (d), F.S., |
| 99 | relating to the entertainment industry financial incentive |
| 100 | program, to continue the amount of incentive funding to be |
| 101 | appropriated in any fiscal year for the independent |
| 102 | Florida filmmaker queue and the digital media projects |
| 103 | queue; amending s. 339.08, F.S.; delaying the expiration |
| 104 | of provisions relating to the use of moneys in the State |
| 105 | Transportation Trust Fund for certain administrative |
| 106 | expenses; authorizing the transfer of funds from the State |
| 107 | Transportation Trust Fund to the General Revenue Fund |
| 108 | under certain circumstances; amending s. 445.009, F.S.; |
| 109 | providing that a participant in an adult or youth work |
| 110 | experience activity under ch. 445, F.S., is an employee of |
| 111 | the state for purposes of workers' compensation coverage; |
| 112 | authorizing the Executive Office of the Governor to |
| 113 | transfer funds between departments for purposes of |
| 114 | aligning amounts paid for risk management premiums and for |
| 115 | purposes of aligning amounts paid for human resource |
| 116 | management services; authorizing the Executive Office of |
| 117 | the Governor to transfer funds between departments for |
| 118 | purposes of aligning the budget authority granted to each |
| 119 | agency with the reductions in employee compensation; |
| 120 | authorizing the heads of agencies to terminate staff and |
| 121 | make personnel and salary adjustments and reductions to |
| 122 | maximize efficiency of agency operations; amending s. |
| 123 | 110.123, F.S.; providing for the state's monthly |
| 124 | contribution for employees under the state group insurance |
| 125 | program; amending s. 112.24, F.S.; providing conditions on |
| 126 | the assignment of an employee of a state agency without |
| 127 | reimbursement from the receiving agency; reenacting s. |
| 128 | 215.32(2)(b), F.S., relating to the source and use of |
| 129 | certain trust funds in order to implement the transfer of |
| 130 | moneys in the General Revenue Fund from trust funds in the |
| 131 | 2010-2011 General Appropriations Act; providing for the |
| 132 | authorization and issuance of new debt; limiting the use |
| 133 | of travel funds to activities that are critical to an |
| 134 | agency's mission; providing exceptions; providing for |
| 135 | future expiration of various provisions; providing for |
| 136 | reversion of statutory text of certain provisions; |
| 137 | providing for the effect of a veto of one or more specific |
| 138 | appropriations or proviso to which implementing language |
| 139 | refers; providing for the continued operation of certain |
| 140 | provisions notwithstanding a future repeal or expiration |
| 141 | provided by the act; providing for severability; providing |
| 142 | effective dates. |
| 143 |
|
| 144 | Be It Enacted by the Legislature of the State of Florida: |
| 145 |
|
| 146 | Section 1. It is the intent of the Legislature that the |
| 147 | implementing and administering provisions of this act apply to |
| 148 | the General Appropriations Act for the 2010-2011 fiscal year. |
| 149 | Section 2. In order to implement Specific Appropriations |
| 150 | 6, 7, 8, 78, and 79 of the 2010-2011 General Appropriations Act, |
| 151 | the calculations of the Florida Education Finance Program for |
| 152 | the 2010-2011 fiscal year in the document entitled "Public |
| 153 | School Funding-The Florida Education Finance Program," dated |
| 154 | April X, 2010, and filed with the Clerk of the House of |
| 155 | Representatives, are incorporated by reference for the purpose |
| 156 | of displaying the calculations used by the Legislature, |
| 157 | consistent with the requirements of the Florida Statutes, in |
| 158 | making appropriations for the Florida Education Finance Program. |
| 159 | Section 3. In order to implement Specific Appropriations |
| 160 | 17 and 18 of the 2010-2011 General Appropriations Act, paragraph |
| 161 | (c) is added to subsection (3) of section 216.292, Florida |
| 162 | Statutes, to read: |
| 163 | 216.292 Appropriations nontransferable; exceptions.- |
| 164 | (3) The following transfers are authorized with the |
| 165 | approval of the Executive Office of the Governor for the |
| 166 | executive branch or the Chief Justice for the judicial branch, |
| 167 | subject to the notice and objection provisions of s. 216.177: |
| 168 | (c) The transfer of appropriations for fixed capital |
| 169 | outlay from the Survey Recommended Needs-Public Schools |
| 170 | appropriation category to the Maintenance, Repair, Renovation |
| 171 | and Remodeling appropriation category. The allocation of |
| 172 | transferred funds shall be in accordance with s. 1013.64(1). |
| 173 | This paragraph expires July 1, 2011. |
| 174 | Section 4. In order to fulfill legislative intent |
| 175 | regarding the use of funds contained in Specific Appropriations |
| 176 | 639, 651, 663, and 1188 of the 2010-2011 General Appropriations |
| 177 | Act, the Department of Corrections and the Department of |
| 178 | Juvenile Justice may expend appropriated funds to assist in |
| 179 | defraying the costs of impacts that are incurred by a |
| 180 | municipality or county and that are associated with opening or |
| 181 | operating a facility under the authority of the department. The |
| 182 | amount paid for any facility may not exceed 1 percent of the |
| 183 | cost to construct the facility, less building impact fees |
| 184 | imposed by the municipality or county. This section expires July |
| 185 | 1, 2011. |
| 186 | Section 5. In order to implement Specific Appropriations |
| 187 | 629 through 727 and 747 through 781 of the 2010-2011 General |
| 188 | Appropriations Act, subsection (4) of section 216.262, Florida |
| 189 | Statutes, is amended to read: |
| 190 | 216.262 Authorized positions.- |
| 191 | (4) Notwithstanding the provisions of this chapter on |
| 192 | increasing the number of authorized positions, and for the 2010- |
| 193 | 2011 2009-2010 fiscal year only, if the actual inmate population |
| 194 | of the Department of Corrections exceeds the inmate population |
| 195 | projections of the February 19, 2010 April 30, 2009, Criminal |
| 196 | Justice Estimating Conference by 1 percent for 2 consecutive |
| 197 | months or 2 percent for any month, the Executive Office of the |
| 198 | Governor, with the approval of the Legislative Budget |
| 199 | Commission, shall immediately notify the Criminal Justice |
| 200 | Estimating Conference, which shall convene as soon as possible |
| 201 | to revise the estimates. The Department of Corrections may then |
| 202 | submit a budget amendment requesting the establishment of |
| 203 | positions in excess of the number authorized by the Legislature |
| 204 | and additional appropriations from unallocated general revenue |
| 205 | sufficient to provide for essential staff, fixed capital |
| 206 | improvements, and other resources to provide classification, |
| 207 | security, food services, health services, and other variable |
| 208 | expenses within the institutions to accommodate the estimated |
| 209 | increase in the inmate population. All actions taken pursuant to |
| 210 | the authority granted in this subsection shall be subject to |
| 211 | review and approval by the Legislative Budget Commission. This |
| 212 | subsection expires July 1, 2011 2010. |
| 213 | Section 6. In order to implement Specific Appropriations |
| 214 | 1306, 1322, 1329, 1349, and 1359 of the 2010-2011 General |
| 215 | Appropriations Act, the Department of Legal Affairs is |
| 216 | authorized to transfer cash remaining after required |
| 217 | disbursements for Attorney General case numbers 16-2008-CA-01- |
| 218 | 3142CV-C and CACE08022328 from FLAIR account 41-71-2-601001- |
| 219 | 41100100-00-181076-00 to the Operating Trust Fund to pay |
| 220 | salaries and benefits. This section expires July 1, 2011. |
| 221 | Section 7. In order to implement Specific Appropriations |
| 222 | 1245 and 1251 of the 2010-2011 General Appropriations Act, |
| 223 | paragraph (d) of subsection (4) of section 932.7055, Florida |
| 224 | Statutes, is amended to read: |
| 225 | 932.7055 Disposition of liens and forfeited property.- |
| 226 | (4) The proceeds from the sale of forfeited property shall |
| 227 | be disbursed in the following priority: |
| 228 | (d) Notwithstanding any other provision of this |
| 229 | subsection, and for the 2010-2011 2009-2010 fiscal year only, |
| 230 | the funds in a special law enforcement trust fund established by |
| 231 | the governing body of a municipality may be expended to |
| 232 | reimburse the general fund of the municipality for moneys |
| 233 | advanced from the general fund to the special law enforcement |
| 234 | trust fund prior to October 1, 2001. This paragraph expires July |
| 235 | 1, 2011 2010. |
| 236 | Section 8. In order to implement Specific Appropriations |
| 237 | 324 through 355 of the 2010-2011 General Appropriations Act, |
| 238 | paragraphs (b) and (c) of subsection (3) of section 394.908, |
| 239 | Florida Statutes, are amended to read: |
| 240 | 394.908 Substance abuse and mental health funding equity; |
| 241 | distribution of appropriations.-In recognition of the historical |
| 242 | inequity in the funding of substance abuse and mental health |
| 243 | services for the department's districts and regions and to |
| 244 | rectify this inequity and provide for equitable funding in the |
| 245 | future throughout the state, the following funding process shall |
| 246 | be used: |
| 247 | (3) |
| 248 | (b) Notwithstanding paragraph (a) and for the 2010-2011 |
| 249 | 2009-2010 fiscal year only, funds appropriated for forensic |
| 250 | mental health treatment services shall be allocated to the areas |
| 251 | of the state having the greatest demand for services and |
| 252 | treatment capacity. This paragraph expires July 1, 2011 2010. |
| 253 | (c) Notwithstanding paragraph (a) and for the 2010-2011 |
| 254 | 2009-2010 fiscal year only, additional funds appropriated for |
| 255 | substance abuse and mental health services from funds available |
| 256 | through the Community-Based Medicaid Administrative Claiming |
| 257 | Program shall be allocated as provided in the 2010-2011 2009- |
| 258 | 2010 General Appropriations Act and in proportion to contributed |
| 259 | provider earnings. This paragraph expires July 1, 2011 2010. |
| 260 | Section 9. In order to implement Specific Appropriation |
| 261 | 518 of the 2010-2011 General Appropriations Act, subsections |
| 262 | (12) through (15) of section 215.5602, Florida Statutes, are |
| 263 | amended to read: |
| 264 | 215.5602 James and Esther King Biomedical Research |
| 265 | Program.- |
| 266 | (12)(a) From funds appropriated to accomplish the goals of |
| 267 | this section, up to $250,000 shall be available for the |
| 268 | operating costs of the Florida Center for Universal Research to |
| 269 | Eradicate Disease. |
| 270 | (b)(a) Beginning in the 2009-2010 fiscal year and |
| 271 | thereafter, 5 percent of the revenue deposited into the Health |
| 272 | Care Trust Fund pursuant to ss. 210.011(9) and 210.276(7) shall |
| 273 | be reserved for research of tobacco-related or cancer-related |
| 274 | illnesses; however, the sum of the revenue reserved pursuant to |
| 275 | ss. 210.011(9) and 210.276(7) may not exceed $50 million in any |
| 276 | fiscal year. This paragraph is suspended for the 2010-2011 |
| 277 | fiscal year. |
| 278 | (b) In the 2009-2010 fiscal year, 2.5 percent, not to |
| 279 | exceed $25 million, of the revenue deposited into the Health |
| 280 | Care Trust Fund pursuant to this subsection shall be transferred |
| 281 | to the Biomedical Research Trust Fund within the Department of |
| 282 | Health for the James and Esther King Biomedical Research |
| 283 | Program. |
| 284 | (13) By June 1, 2009, the Division of Statutory Revision |
| 285 | of the Office of Legislative Services shall certify to the |
| 286 | President of the Senate and the Speaker of the House of |
| 287 | Representatives the language and statutory citation of this |
| 288 | section, which is scheduled to expire January 1, 2011. |
| 289 | (14) The Legislature shall review the performance, the |
| 290 | outcomes, and the financial management of the James and Esther |
| 291 | King Biomedical Research Program during the 2010 Regular Session |
| 292 | of the Legislature and shall determine the most appropriate |
| 293 | funding source and means of funding the program based on its |
| 294 | review. |
| 295 | (13)(15) This section expires July January 1, 2011, unless |
| 296 | reviewed and reenacted by the Legislature before that date. |
| 297 | Section 10. In order to implement Specific Appropriations |
| 298 | 508 through 526 of the 2010-2011 General Appropriations Act, |
| 299 | subsections (5) through (8) of section 381.922, Florida |
| 300 | Statutes, are amended to read: |
| 301 | 381.922 William G. "Bill" Bankhead, Jr., and David Coley |
| 302 | Cancer Research Program.- |
| 303 | (5) Funds appropriated for the William G. "Bill" Bankhead, |
| 304 | Jr., and David Coley Cancer Research Program shall be |
| 305 | distributed pursuant to this section to provide grants to |
| 306 | researchers seeking cures for cancer and cancer-related |
| 307 | illnesses, with emphasis given to the goals enumerated in s. |
| 308 | 381.921. From the total funds appropriated, an amount of up to |
| 309 | 10 percent may be used for administrative expenses. In the 2009- |
| 310 | 2010 fiscal year, 2.5 percent, not to exceed $25 million, of the |
| 311 | revenue deposited into the Health Care Trust Fund pursuant to s. |
| 312 | 215.5602(12)(a) shall be transferred to the Biomedical Research |
| 313 | Trust Fund within the Department of Health for the William G. |
| 314 | "Bill" Bankhead, Jr., and David Coley Cancer Research Program. |
| 315 | (6) By June 1, 2009, the Division of Statutory Revision of |
| 316 | the Office of Legislative Services shall certify to the |
| 317 | President of the Senate and the Speaker of the House of |
| 318 | Representatives the language and statutory citation of this |
| 319 | section, which is scheduled to expire January 1, 2011. |
| 320 | (7) The Legislature shall review the performance, the |
| 321 | outcomes, and the financial management of the William G. "Bill" |
| 322 | Bankhead, Jr., and David Coley Cancer Research Program during |
| 323 | the 2010 Regular Session of the Legislature and shall determine |
| 324 | the most appropriate funding source and means of funding the |
| 325 | program based on its review. |
| 326 | (6)(8) This section expires July January 1, 2011, unless |
| 327 | reviewed and reenacted by the Legislature before that date. |
| 328 | Section 11. (1) In order to implement proviso following |
| 329 | Specific Appropriation 486 of the 2010-2011 General |
| 330 | Appropriations Act, and for the 2010-2011 fiscal year only, |
| 331 | notwithstanding any law to the contrary, a state agency may not |
| 332 | adopt or implement a rule or policy that: |
| 333 | (a) Mandates or establishes new nitrogen-reduction limits |
| 334 | that apply to existing or new onsite sewage treatment systems; |
| 335 | (b) Has the effect of requiring the use of performance- |
| 336 | based treatment systems; or |
| 337 | (c) Increases the cost of treatment for nitrogen reduction |
| 338 | from onsite systems, |
| 339 |
|
| 340 | before the study and report required in proviso following |
| 341 | Specific Appropriation 486 is completed. |
| 342 | (2) This section expires July 1, 2011. |
| 343 | Section 12. In order to implement section 77 of the 2010- |
| 344 | 2011 General Appropriations Act, the Florida Catastrophic Storm |
| 345 | Risk Management Center at Florida State University shall conduct |
| 346 | the analysis as originally required in section 164 of chapter |
| 347 | 2004-390, Laws of Florida. Notwithstanding section 164 of |
| 348 | chapter 2004-390, Laws of Florida, the Florida Catastrophic |
| 349 | Storm Risk Management Center at Florida State University is |
| 350 | directed to use the most recent and available premium data for |
| 351 | personal lines property and casualty insurance in completing the |
| 352 | analysis. |
| 353 | Section 13. In order to implement Specific Appropriation |
| 354 | 3055O, subsection (3) of section 218.12, Florida Statutes, is |
| 355 | amended to read: |
| 356 | 218.12 Appropriations to offset reductions in ad valorem |
| 357 | tax revenue in fiscally constrained counties.- |
| 358 | (3) In determining the reductions in ad valorem tax |
| 359 | revenues occurring as a result of the implementation of the |
| 360 | revisions to Art. VII of the State Constitution approved in the |
| 361 | special election held on January 29, 2008, the value of |
| 362 | assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the |
| 363 | State Constitution shall include only the reduction in taxable |
| 364 | value for homesteads established January 1, 2010 2009. |
| 365 | Section 14. The amendment to s. 218.12(3), Florida |
| 366 | Statutes, by this act shall expire July 1, 2011, and the text of |
| 367 | that subsection shall revert to that in existence on June 30, |
| 368 | 2009, except that any amendments to such text enacted other than |
| 369 | by this act shall be preserved and continue to operate to the |
| 370 | extent that such amendments are not dependent upon the portions |
| 371 | of such text which expire pursuant to this section. |
| 372 | Section 15. In order to implement Specific Appropriation |
| 373 | 2838 of the 2010-2011 General Appropriations Act, paragraph (b) |
| 374 | of subsection (1) of section 255.518, Florida Statutes, is |
| 375 | reenacted to read: |
| 376 | 255.518 Obligations; purpose, terms, approval, |
| 377 | limitations.- |
| 378 | (1) |
| 379 | (b) Payment of debt service charges on obligations during |
| 380 | the construction of any facility financed by such obligations |
| 381 | shall be made from funds other than proceeds of obligations. |
| 382 | Section 16. The amendment to s. 255.518(1)(b), Florida |
| 383 | Statutes, as carried forward by this act from chapters 2008-153 |
| 384 | and 2009-82, Laws of Florida, shall expire July 1, 2011, and the |
| 385 | text of that paragraph shall revert to that in existence on June |
| 386 | 30, 2008, except that any amendments to such text enacted other |
| 387 | than by this act shall be preserved and continue to operate to |
| 388 | the extent that such amendments are not dependent upon the |
| 389 | portions of such text which expire pursuant to this section. |
| 390 | Section 17. In order to implement Specific Appropriations |
| 391 | 2821 through 2835 of the 2010-2011 General Appropriations Act, |
| 392 | paragraph (b) of subsection (7) of section 255.503, Florida |
| 393 | Statutes, is amended to read: |
| 394 | 255.503 Powers of the Department of Management Services.- |
| 395 | The Department of Management Services shall have all the |
| 396 | authority necessary to carry out and effectuate the purposes and |
| 397 | provisions of this act, including, but not limited to, the |
| 398 | authority to: |
| 399 | (7) |
| 400 | (b) No later than the date upon which the department |
| 401 | recommends to the Division of State Lands of the Department of |
| 402 | Environmental Protection the disposition of any facility within |
| 403 | the Florida Facilities Pool, the department shall provide to the |
| 404 | President of the Senate, the Speaker of the House of |
| 405 | Representatives, the Executive Office of the Governor, and the |
| 406 | Division of Bond Finance of the State Board of Administration an |
| 407 | analysis that includes: |
| 408 | 1. The cost benefit of the proposed facility disposition, |
| 409 | including the facility's current operating expenses, condition, |
| 410 | and market value, and viable alternatives for work space for |
| 411 | impacted state employees. |
| 412 | 2. The effect of the proposed facility disposition on the |
| 413 | financial status of the Florida Facilities Pool, including the |
| 414 | effect on rental rates and coverage requirement for the bonds. |
| 415 |
|
| 416 | This paragraph expires July 1, 2011 2010. |
| 417 | Section 18. In order to implement Specific Appropriations |
| 418 | 2379 through 2401 of the 2010-2011 General Appropriations Act, |
| 419 | subsection (14) of section 253.034, Florida Statutes, is amended |
| 420 | to read: |
| 421 | 253.034 State-owned lands; uses.- |
| 422 | (14) Notwithstanding the provisions of this section, funds |
| 423 | derived from the sale of property by the Department of Citrus' |
| 424 | property Citrus located in Lakeland, Florida, are authorized to |
| 425 | be deposited into the Citrus Advertising Trust Fund. This |
| 426 | subsection expires July 1, 2011 2010. |
| 427 | Section 19. In order to implement Specific Appropriations |
| 428 | 1763, 1775A, 1789, and 1790, paragraph (b) of subsection (3) of |
| 429 | section 375.041, Florida Statutes, is amended to read: |
| 430 | 375.041 Land Acquisition Trust Fund.- |
| 431 | (3) |
| 432 | (b) In addition to the uses allowed in paragraph (a), for |
| 433 | the 2010-2011 2008-2009 fiscal year, moneys in the Land |
| 434 | Acquisition Trust Fund are authorized for transfer to the Water |
| 435 | Quality Assurance Trust Fund for the Total Maximum Daily Loads |
| 436 | Program, the Drinking Water Facility Construction-State |
| 437 | Revolving Loan Fund, the Wastewater Facility Treatment |
| 438 | Construction-State Revolving Loan Fund, and the Florida Onsite |
| 439 | Sewage Reduction Strategies Study Ecosystem Management and |
| 440 | Restoration Trust Fund for grants and aids to local governments |
| 441 | for water projects as provided in the General Appropriations |
| 442 | Act. This paragraph expires July 1, 2011 2009. |
| 443 | Section 20. In order to implement Specific Appropriation |
| 444 | 1692 of the 2010-2011 General Appropriations Act, subsection |
| 445 | (12) of section 373.59, Florida Statutes, is amended to read: |
| 446 | 373.59 Water Management Lands Trust Fund.- |
| 447 | (12) Notwithstanding the provisions of subsection (8) and |
| 448 | for the 2010-2011 2009-2010 fiscal year only, the moneys from |
| 449 | the Water Management Lands Trust Fund shall be allocated as |
| 450 | follows: |
| 451 | (a) An amount necessary to pay debt service on bonds |
| 452 | issued before February 1, 2009, by the South Florida Water |
| 453 | Management District and the St. Johns River Water Management |
| 454 | District, which are secured by revenues provided pursuant to |
| 455 | this section, or to fund debt service reserve funds, rebate |
| 456 | obligations, or other amounts payable with respect to such |
| 457 | bonds; |
| 458 | (b) Eight million dollars to be transferred to the General |
| 459 | Revenue Fund; and |
| 460 | (c) The remaining funds to be distributed equally between |
| 461 | the Suwannee River Water Management District and the Northwest |
| 462 | Florida Water Management District. |
| 463 |
|
| 464 | This subsection expires July 1, 2011 2010. |
| 465 | Section 21. In order to implement Specific Appropriation |
| 466 | 1804 of the 2010-2011 General Appropriations Act, paragraph (c) |
| 467 | of subsection (5) of section 376.3071, Florida Statutes, is |
| 468 | amended to read: |
| 469 | 376.3071 Inland Protection Trust Fund; creation; purposes; |
| 470 | funding.- |
| 471 | (5) SITE SELECTION AND CLEANUP CRITERIA.- |
| 472 | (c) The department shall require source removal, if |
| 473 | warranted and cost-effective, at each site eligible for |
| 474 | restoration funding from the Inland Protection Trust Fund. |
| 475 | 1. Funding for free product recovery may be provided in |
| 476 | advance of the order established by the priority ranking system |
| 477 | under paragraph (a) for site cleanup activities. However, a |
| 478 | separate prioritization for free product recovery shall be |
| 479 | established consistent with paragraph (a). No more than $5 |
| 480 | million shall be encumbered from the Inland Protection Trust |
| 481 | Fund in any fiscal year for free product recovery conducted in |
| 482 | advance of the priority order under paragraph (a) established |
| 483 | for site cleanup activities. |
| 484 | 2. Funding for limited interim soil-source removals for |
| 485 | sites that will become inaccessible for future remediation due |
| 486 | to road infrastructure and right-of-way restrictions resulting |
| 487 | from a pending Department of Transportation road construction |
| 488 | project or for secondary containment upgrading of underground |
| 489 | storage tanks required under chapter 62-761, Florida |
| 490 | Administrative Code, may be provided in advance of the order |
| 491 | established by the priority ranking system under paragraph (a) |
| 492 | for site cleanup activities. The department shall provide |
| 493 | written guidance on the limited source removal information and |
| 494 | technical evaluation necessary to justify a request for a |
| 495 | limited source removal in advance of the priority order pursuant |
| 496 | to paragraph (a) established for site cleanup activities. |
| 497 | Prioritization for limited source removal projects associated |
| 498 | with a secondary containment upgrade in any fiscal year shall be |
| 499 | determined on a first-come, first-served basis according to the |
| 500 | approval date issued under s. 376.30711 for the limited source |
| 501 | removal. Funding for limited source removals associated with |
| 502 | secondary containment upgrades shall be limited to 10 sites in |
| 503 | each fiscal year for each facility owner and any related person. |
| 504 | The limited source removal for secondary containment upgrades |
| 505 | shall be completed no later than 6 months after the department |
| 506 | issues its approval of the project, and the approval |
| 507 | automatically expires at the end of the 6 months. Funding for |
| 508 | Department of Transportation and secondary containment upgrade |
| 509 | source removals may not exceed $50,000 for a single facility |
| 510 | unless the department makes a determination that it is cost- |
| 511 | effective and environmentally beneficial to exceed this amount, |
| 512 | but in no event shall the department authorize costs in excess |
| 513 | of $100,000 for a single facility. Department funding for |
| 514 | limited interim soil-source removals associated with Department |
| 515 | of Transportation projects and secondary containment upgrades |
| 516 | shall be limited to supplemental soil assessment, soil |
| 517 | screening, soil removal, backfill material, treatment or |
| 518 | disposal of the contaminated soil, dewatering related to the |
| 519 | contaminated soil removal in an amount of up to 10 percent of |
| 520 | the total interim soil-source removal project costs, treatment, |
| 521 | and disposal of the contaminated groundwater and preparation of |
| 522 | the source removal report. No other costs associated with the |
| 523 | facility upgrade may be paid with department funds. No more than |
| 524 | $1 million for Department of Transportation limited source |
| 525 | removal projects and $10 million for secondary containment |
| 526 | upgrade limited source removal projects conducted in advance of |
| 527 | the priority order established under paragraph (a) for site |
| 528 | cleanup activities shall be encumbered from the Inland |
| 529 | Protection Trust Fund in any fiscal year. This subparagraph is |
| 530 | repealed effective June 30, 2011 2010. |
| 531 | 3. Once free product removal and other source removal |
| 532 | identified in this paragraph are completed at a site, and |
| 533 | notwithstanding the order established by the priority ranking |
| 534 | system under paragraph (a) for site cleanup activities, the |
| 535 | department may reevaluate the site to determine the degree of |
| 536 | active cleanup needed to continue site rehabilitation. Further, |
| 537 | the department shall determine if the reevaluated site qualifies |
| 538 | for natural attenuation monitoring or no further action. If |
| 539 | additional site rehabilitation is necessary to reach no further |
| 540 | action status, the site rehabilitation shall be conducted in the |
| 541 | order established by the priority ranking system under paragraph |
| 542 | (a) and the department is encouraged to utilize natural |
| 543 | attenuation and monitoring where site conditions warrant. |
| 544 | Section 22. In order to implement Specific Appropriations |
| 545 | 1378 through 1538 of the 2010-2011 General Appropriations Act, |
| 546 | subsection (2) of section 570.20, Florida Statutes, is amended |
| 547 | to read: |
| 548 | 570.20 General Inspection Trust Fund.- |
| 549 | (2) For the 2010-2011 2009-2010 fiscal year only and |
| 550 | notwithstanding any other provision of law to the contrary, in |
| 551 | addition to the spending authorized in subsection (1), moneys in |
| 552 | the General Inspection Trust Fund may be appropriated for |
| 553 | programs operated by the department which are related to the |
| 554 | programs authorized by this chapter. This subsection expires |
| 555 | July 1, 2011 2010. |
| 556 | Section 23. In order to implement Specific Appropriation |
| 557 | 1833 of the 2010-2011 General Appropriations Act, subsection (7) |
| 558 | of section 403.7095, Florida Statutes, is amended to read: |
| 559 | 403.7095 Solid waste management grant program.- |
| 560 | (7) Notwithstanding any provision of this section to the |
| 561 | contrary, and for the 2010-2011 2009-2010 fiscal year only, the |
| 562 | Department of Environmental Protection shall award the sum of |
| 563 | $2,600,000 in grants equally to counties having populations of |
| 564 | fewer than 100,000 for waste tire and litter prevention, |
| 565 | recycling education, and general solid waste programs. This |
| 566 | subsection expires July 1, 2011 2010. |
| 567 | Section 24. In order to implement Specific Appropriation |
| 568 | 1490 of the 2010-2011 General Appropriations Act and to provide |
| 569 | consistency and continuity in the promotion of agriculture |
| 570 | throughout the state, notwithstanding s. 287.057, Florida |
| 571 | Statutes, the Department of Agriculture and Consumer Services, |
| 572 | at its discretion, may extend, revise, and renew current |
| 573 | contracts or agreements created or entered into pursuant to |
| 574 | chapter 2006-25, Laws of Florida. This section expires July 1, |
| 575 | 2011. |
| 576 | Section 25. In order to implement Specific Appropriation |
| 577 | 2125 of the 2010-2011 General Appropriations Act, subsection (5) |
| 578 | of section 339.135, Florida Statutes, is amended to read: |
| 579 | 339.135 Work program; legislative budget request; |
| 580 | definitions; preparation, adoption, execution, and amendment.- |
| 581 | (5) ADOPTION OF THE WORK PROGRAM.- |
| 582 | (a) The original approved budget for operational and fixed |
| 583 | capital expenditures for the department shall be the Governor's |
| 584 | budget recommendation and the first year of the tentative work |
| 585 | program, as both are amended by the General Appropriations Act |
| 586 | and any other act containing appropriations. In accordance with |
| 587 | the appropriations act, the department shall, prior to the |
| 588 | beginning of the fiscal year, adopt a final work program which |
| 589 | shall only include the original approved budget for the |
| 590 | department for the ensuing fiscal year together with any roll |
| 591 | forwards approved pursuant to paragraph (6)(c) and the portion |
| 592 | of the tentative work program for the following 4 fiscal years |
| 593 | revised in accordance with the original approved budget for the |
| 594 | department for the ensuing fiscal year together with said roll |
| 595 | forwards. The adopted work program may include only those |
| 596 | projects submitted as part of the tentative work program |
| 597 | developed under the provisions of subsection (4) plus any |
| 598 | projects which are separately identified by specific |
| 599 | appropriation in the General Appropriations Act and any roll |
| 600 | forwards approved pursuant to paragraph (6)(c). However, any |
| 601 | transportation project of the department which is identified by |
| 602 | specific appropriation in the General Appropriations Act shall |
| 603 | be deducted from the funds annually distributed to the |
| 604 | respective district pursuant to paragraph (4)(a). In addition, |
| 605 | the department shall not in any year include any project or |
| 606 | allocate funds to a program in the adopted work program that is |
| 607 | contrary to existing law for that particular year. Projects |
| 608 | shall not be undertaken unless they are listed in the adopted |
| 609 | work program. |
| 610 | (b) Notwithstanding paragraph (a), and for the 2010-2011 |
| 611 | 2009-2010 fiscal year only, the Department of Transportation |
| 612 | shall transfer funds to the Office of Tourism, Trade, and |
| 613 | Economic Development in an amount equal to $20,300,000 for the |
| 614 | purpose of funding transportation-related needs of economic |
| 615 | development projects. This transfer shall not reduce, delete, or |
| 616 | defer any existing projects funded, as of July 1, 2009, in the |
| 617 | Department of Transportation's 5-year work program. This |
| 618 | paragraph expires July 1, 2011 2010. |
| 619 | Section 26. In order to implement Specific Appropriation |
| 620 | 2672 and section 56 of the 2010-2011 General Appropriations Act, |
| 621 | funds appropriated out of the Economic Development |
| 622 | Transportation Trust Fund may be used for economic development |
| 623 | infrastructure projects and other economic development projects; |
| 624 | for improvements to other launch complexes and space |
| 625 | transportation facilities in order to attract new space vehicle |
| 626 | testing and launch business to the state; for addressing |
| 627 | intermodal requirements and impacts of the launch ranges, |
| 628 | spaceports, and other space transportation facilities; for |
| 629 | advancing aerospace technology to meet the current and future |
| 630 | needs of the United States commercial space transportation |
| 631 | industry; and for assisting in the development of joint-use |
| 632 | facilities and technology that support aviation and aerospace |
| 633 | operations, including high altitude and suborbital flights and |
| 634 | range technology development. |
| 635 | Section 27. In order to implement sections 2 through 7 of |
| 636 | the 2010-2011 General Appropriations Act, subsection (5) of |
| 637 | section 216.292, Florida Statutes, is amended to read: |
| 638 | 216.292 Appropriations nontransferable; exceptions.- |
| 639 | (5)(a) A transfer of funds may not result in the |
| 640 | initiation of a fixed capital outlay project that has not |
| 641 | received a specific legislative appropriation. |
| 642 | (b) Notwithstanding paragraph (a), and for the 2010-2011 |
| 643 | 2009-2010 fiscal year only, the Governor may recommend the |
| 644 | initiation of fixed capital outlay projects funded by grants |
| 645 | awarded by the Federal Government through the American Recovery |
| 646 | and Reinvestment Act of 2009 or by any other federal economic |
| 647 | stimulus grant funding received. All actions taken pursuant to |
| 648 | the authority granted in the paragraph are subject to review and |
| 649 | approval by the Legislative Budget Commission. This paragraph |
| 650 | expires July 1, 2011 2010. |
| 651 | Section 28. In order to implement sections 2 through 7 of |
| 652 | the 2010-2011 General Appropriations Act, the Executive Office |
| 653 | of the Governor is authorized to transfer funds appropriated for |
| 654 | the American Recovery and Reinvestment Act of 2009 (ARRA) in |
| 655 | traditional appropriation categories in the 2010-2011 General |
| 656 | Appropriations Act to appropriation categories established for |
| 657 | the specific purpose of tracking funds appropriated for the |
| 658 | ARRA. |
| 659 | Section 29. In order to implement Specific Appropriation |
| 660 | 2665 of the 2010-2011 General Appropriations Act, paragraphs (c) |
| 661 | and (d) of subsection (4) of section 288.1254, Florida Statutes, |
| 662 | are reenacted to read: |
| 663 | 288.1254 Entertainment industry financial incentive |
| 664 | program.- |
| 665 | (4) PRIORITY FOR INCENTIVE FUNDING; WITHDRAWAL OF |
| 666 | ELIGIBILITY; QUEUES.- |
| 667 | (c) Independent Florida filmmaker queue.-Ten percent of |
| 668 | incentive funding appropriated in any state fiscal year must be |
| 669 | dedicated to the independent Florida filmmaker queue. If there |
| 670 | are no qualified applications in the queue, any funding in the |
| 671 | queue shall be made available to a qualified project in the |
| 672 | digital media projects queue. A production certified under this |
| 673 | queue is eligible for a reimbursement equal to 15 percent of its |
| 674 | actual qualified expenditures. An independent Florida film that |
| 675 | meets the criteria of this queue and demonstrates a minimum of |
| 676 | $100,000, but not more than $625,000, in total qualified |
| 677 | expenditures is eligible for incentive funding. To qualify for |
| 678 | this queue, a qualified production must: |
| 679 | 1. Be planned as a feature film or documentary of no less |
| 680 | than 70 minutes in length. |
| 681 | 2. Provide evidence of 50 percent of the financing for its |
| 682 | total budget in an escrow account or other form dedicated to the |
| 683 | production. |
| 684 | 3. Do all major postproduction in this state. |
| 685 | 4. Employ Florida workers in at least six of the following |
| 686 | key positions: writer, director, producer, director of |
| 687 | photography, star or one of the lead actors, unit production |
| 688 | manager, editor, or production designer. As used in this |
| 689 | subparagraph, the term "Florida worker" means a person who has |
| 690 | been a resident of this state for at least 1 year before a |
| 691 | production's application under subsection (3) was submitted or a |
| 692 | person who graduated from a film school, college, university, or |
| 693 | community college in this state no more than 5 years before such |
| 694 | submittal or who is enrolled full-time in such a school, |
| 695 | college, or university. |
| 696 | (d) Digital media projects queue.-Five percent of |
| 697 | incentive funding appropriated in any state fiscal year shall be |
| 698 | dedicated to the digital media projects queue. A production |
| 699 | certified under this queue is eligible for a reimbursement equal |
| 700 | to 10 percent of its actual qualified expenditures. A qualified |
| 701 | production that is a digital media project that demonstrates a |
| 702 | minimum of $300,000 in total qualified expenditures is eligible |
| 703 | for a maximum of $1 million in incentive funding. As used in |
| 704 | this paragraph, the term "qualified expenditures" means the |
| 705 | wages or salaries paid to a resident of this state for working |
| 706 | on a single qualified digital media project, up to a maximum of |
| 707 | $200,000 in wages or salaries paid per resident. A qualified |
| 708 | production company producing digital media projects may not |
| 709 | qualify for more than three projects in any 1 fiscal year. |
| 710 | Projects that extend beyond a fiscal year must reapply each |
| 711 | fiscal year in order to be eligible for incentive funding for |
| 712 | that year. |
| 713 | Section 30. The amendment to s. 288.1254(4)(c) and (d), |
| 714 | Florida Statutes, as carried forward by this act from chapter |
| 715 | 2009-82, Laws of Florida, shall expire July 1, 2011, and the |
| 716 | text of those paragraphs shall revert to that in existence on |
| 717 | June 30, 2009, except that any amendments to such text enacted |
| 718 | other than by this act shall be preserved and continue to |
| 719 | operate to the extent that such amendments are not dependent |
| 720 | upon the portions of such text which expire pursuant to this |
| 721 | section. |
| 722 | Section 31. In order to implement section 59 of the 2010- |
| 723 | 2011 General Appropriations Act, paragraph (n) of subsection (1) |
| 724 | of section 339.08, Florida Statutes, is amended to read: |
| 725 | 339.08 Use of moneys in State Transportation Trust Fund.- |
| 726 | (1) The department shall expend moneys in the State |
| 727 | Transportation Trust Fund accruing to the department, in |
| 728 | accordance with its annual budget. The use of such moneys shall |
| 729 | be restricted to the following purposes: |
| 730 | (n) To pay administrative expenses incurred in accordance |
| 731 | with applicable laws for a multicounty transportation or |
| 732 | expressway authority created under chapter 343 or chapter 348, |
| 733 | where jurisdiction for the authority includes a portion of the |
| 734 | State Highway System and the administrative expenses are in |
| 735 | furtherance of the duties and responsibilities of the authority |
| 736 | in the development of improvements to the State Highway System. |
| 737 | This paragraph expires July 1, 2011 2010. |
| 738 | Section 32. In order to implement section 83 of the 2010- |
| 739 | 2011 General Appropriations Act, subsection (4) of section |
| 740 | 339.08, Florida Statutes, is amended to read: |
| 741 | 339.08 Use of moneys in State Transportation Trust Fund.- |
| 742 | (4) For the 2010-2011 2009-2010 fiscal year only and |
| 743 | notwithstanding the provisions of this section and ss. 339.09(1) |
| 744 | and 215.32(2)(b)4., funds may be transferred from the State |
| 745 | Transportation Trust Fund to the General Revenue Fund as |
| 746 | specified in the General Appropriations Act. Notwithstanding ss. |
| 747 | 206.46(3) and 206.606(2), the total amount transferred shall be |
| 748 | reduced from total state revenues deposited into the State |
| 749 | Transportation Trust Fund for the calculation requirements of |
| 750 | ss. 206.46(3) and 206.606(2). This subsection expires July 1, |
| 751 | 2011 2010. |
| 752 | Section 33. In order to implement section 46 of the 2010- |
| 753 | 2011 General Appropriations Act, subsection (11) of section |
| 754 | 445.009, Florida Statutes is amended to read: |
| 755 | 445.009 One-stop delivery system.- |
| 756 | (11)(a) A participant in an adult or youth work experience |
| 757 | activity administered under this chapter shall be deemed an |
| 758 | employee of the state for purposes of workers' compensation |
| 759 | coverage. In determining the average weekly wage, all |
| 760 | remuneration received from the employer shall be considered a |
| 761 | gratuity, and the participant shall not be entitled to any |
| 762 | benefits otherwise payable under s. 440.15, regardless of |
| 763 | whether the participant may be receiving wages and remuneration |
| 764 | from other employment with another employer and regardless of |
| 765 | his or her future wage-earning capacity. |
| 766 | (b) This subsection expires July 1, 2011 2010. |
| 767 | Section 34. In order to implement the appropriation of |
| 768 | funds in Special Categories-Risk Management Insurance of the |
| 769 | 2010-2011 General Appropriations Act, and pursuant to the |
| 770 | notice, review, and objection procedures of s. 216.177, Florida |
| 771 | Statutes, the Executive Office of the Governor is authorized to |
| 772 | transfer funds appropriated in the appropriation category |
| 773 | "Special Categories-Risk Management Insurance" of the 2010-2011 |
| 774 | General Appropriations Act between departments in order to align |
| 775 | the budget authority granted with the premiums paid by each |
| 776 | department for risk management insurance. This section expires |
| 777 | July 1, 2011. |
| 778 | Section 35. In order to implement the appropriation of |
| 779 | funds in Special Categories-Transfer to Department of Management |
| 780 | Services-Human Resources Services Purchased Per Statewide |
| 781 | Contract of the 2010-2011 General Appropriations Act, and |
| 782 | pursuant to the notice, review, and objection procedures of s. |
| 783 | 216.177, Florida Statutes, the Executive Office of the Governor |
| 784 | is authorized to transfer funds appropriated in the |
| 785 | appropriation category "Special Categories-Transfer to |
| 786 | Department of Management Services-Human Resources Services |
| 787 | Purchased Per Statewide Contract" of the 2010-2011 General |
| 788 | Appropriations Act between departments in order to align the |
| 789 | budget authority granted with the assessments that must be paid |
| 790 | by each agency to the Department of Management Services for |
| 791 | human resource management services. This section expires July 1, |
| 792 | 2011. |
| 793 | Section 36. In order to implement the reduction in each |
| 794 | agency's salary and benefit appropriation in the 2010-2011 |
| 795 | General Appropriations Act, and pursuant to the notice, review, |
| 796 | and objection procedures of s. 216.177, Florida Statutes, the |
| 797 | Executive Office of the Governor may transfer funds appropriated |
| 798 | in the appropriation category "Salaries and Benefits" of the |
| 799 | 2010-2011 General Appropriations Act between departments in |
| 800 | order to align the budget authority granted to each agency with |
| 801 | the reductions that must be made by each agency pursuant to the |
| 802 | 2010-2011 General Appropriations Act. All actions taken pursuant |
| 803 | to the authority granted in this section are subject to the |
| 804 | review and approval of the Legislative Budget Commission. This |
| 805 | section expires July 1, 2011. |
| 806 | Section 37. In order to implement specific appropriations |
| 807 | for salaries and benefits in the 2010-2011 General |
| 808 | Appropriations Act, the intent of the Legislature is to provide |
| 809 | flexibility to agency heads over personnel management to |
| 810 | maximize the efficiency and effectiveness of agency operations. |
| 811 | The Legislature recognizes that the state is facing a critical |
| 812 | fiscal situation unprecedented in the last quarter century. |
| 813 | During this time of budgetary shortfall, it is in the best |
| 814 | interest of the state to ensure that the state's resources be |
| 815 | used in the most efficient and prudent manner, while maintaining |
| 816 | the critical missions of the state. Further, the Legislature |
| 817 | recognizes that the agency heads are uniquely positioned to |
| 818 | determine how to best manage their agency's human resources |
| 819 | given the constraints associated with a reduction in the salary |
| 820 | and benefit appropriation. Notwithstanding specific provisions |
| 821 | of chapters 110, 112, 216, and 447, Florida Statutes, to the |
| 822 | contrary, and for the fiscal year 2010-2011 only, agency heads |
| 823 | are authorized to terminate or layoff staff, reduce salaries of |
| 824 | individual or groups of employees, reclassify positions, and |
| 825 | provide retention adjustments or bonuses to high-performing |
| 826 | staff. For the purpose of the authority granted by this section, |
| 827 | the term "agency head" shall include the term as defined in s. |
| 828 | 20.055(1)(b), Florida Statutes, and shall also include the Chief |
| 829 | Justice of the Supreme Court, the board of trustees of each |
| 830 | university, the Board of Trustees of the Florida School for the |
| 831 | Deaf and Blind, the executive director of the Justice |
| 832 | Administrative Commission, the executive director of the |
| 833 | Statewide Guardian Ad Litem Office, each state attorney, each |
| 834 | public defender, each capital collateral regional counsel, and |
| 835 | each regional counsel. This section expires July 1, 2011. |
| 836 | Section 38. In order to implement specific appropriations |
| 837 | for salaries and benefits in the 2010-2011 General |
| 838 | Appropriations Act, paragraph (a) of subsection (12) of section |
| 839 | 110.123, Florida Statutes, is amended to read: |
| 840 | 110.123 State group insurance program.- |
| 841 | (12) HEALTH SAVINGS ACCOUNTS.-The department is authorized |
| 842 | to establish health savings accounts for full-time and part-time |
| 843 | state employees in association with a health insurance plan |
| 844 | option authorized by the Legislature and conforming to the |
| 845 | requirements and limitations of federal provisions relating to |
| 846 | the Medicare Prescription Drug, Improvement, and Modernization |
| 847 | Act of 2003. |
| 848 | (a)1. A member participating in this health insurance plan |
| 849 | option shall be eligible to receive an employer contribution |
| 850 | into the employee's health savings account from the State |
| 851 | Employees Health Insurance Trust Fund in an amount to be |
| 852 | determined by the Legislature. A member is not eligible for an |
| 853 | employer contribution upon termination of employment. For the |
| 854 | 2010-2011 2009-2010 fiscal year, the state's monthly |
| 855 | contribution for employees having individual coverage shall be |
| 856 | $41.66 and the monthly contribution for employees having family |
| 857 | coverage shall be $83.33. |
| 858 | 2. A member participating in this health insurance plan |
| 859 | option shall be eligible to deposit the member's own funds into |
| 860 | a health savings account. |
| 861 | Section 39. In order to implement specific appropriations |
| 862 | for salaries and benefits in the 2010-2011 General |
| 863 | Appropriations Act, paragraph (b) of subsection (3) of section |
| 864 | 112.24, Florida Statutes, is amended to read: |
| 865 | 112.24 Intergovernmental interchange of public employees.- |
| 866 | To encourage economical and effective utilization of public |
| 867 | employees in this state, the temporary assignment of employees |
| 868 | among agencies of government, both state and local, and |
| 869 | including school districts and public institutions of higher |
| 870 | education is authorized under terms and conditions set forth in |
| 871 | this section. State agencies, municipalities, and political |
| 872 | subdivisions are authorized to enter into employee interchange |
| 873 | agreements with other state agencies, the Federal Government, |
| 874 | another state, a municipality, or a political subdivision |
| 875 | including a school district, or with a public institution of |
| 876 | higher education. State agencies are also authorized to enter |
| 877 | into employee interchange agreements with private institutions |
| 878 | of higher education and other nonprofit organizations under the |
| 879 | terms and conditions provided in this section. In addition, the |
| 880 | Governor or the Governor and Cabinet may enter into employee |
| 881 | interchange agreements with a state agency, the Federal |
| 882 | Government, another state, a municipality, or a political |
| 883 | subdivision including a school district, or with a public |
| 884 | institution of higher learning to fill, subject to the |
| 885 | requirements of chapter 20, appointive offices which are within |
| 886 | the executive branch of government and which are filled by |
| 887 | appointment by the Governor or the Governor and Cabinet. Under |
| 888 | no circumstances shall employee interchange agreements be |
| 889 | utilized for the purpose of assigning individuals to participate |
| 890 | in political campaigns. Duties and responsibilities of |
| 891 | interchange employees shall be limited to the mission and goals |
| 892 | of the agencies of government. |
| 893 | (3) Salary, leave, travel and transportation, and |
| 894 | reimbursements for an employee of a sending party that is |
| 895 | participating in an interchange program shall be handled as |
| 896 | follows: |
| 897 | (b)1. The assignment of an employee of a state agency |
| 898 | either on detail or on leave of absence may be made without |
| 899 | reimbursement by the receiving party for the travel and |
| 900 | transportation expenses to or from the place of the assignment |
| 901 | or for the pay and benefits, or a part thereof, of the employee |
| 902 | during the assignment. |
| 903 | 2. For the 2010-2011 2009-2010 fiscal year only, the |
| 904 | assignment of an employee of a state agency as provided in |
| 905 | subparagraph 1. may be made if recommended by the Governor or |
| 906 | Chief Justice, as appropriate, and approved by the chairs of the |
| 907 | Senate Policy and Steering Committee on Ways and Means and the |
| 908 | House Full Appropriations Council on Education and Economic |
| 909 | Development General Government and Health Care. Such actions |
| 910 | shall be deemed approved if neither chair provides written |
| 911 | notice of objection within 14 days after the chair's receiving |
| 912 | notice of the action pursuant to s. 216.177. This subparagraph |
| 913 | expires July 1, 2011 2010. |
| 914 | Section 40. In order to implement the transfer of moneys |
| 915 | to the General Revenue Fund from trust funds in the 2010-2011 |
| 916 | General Appropriations Act, paragraph (b) of subsection (2) of |
| 917 | section 215.32, Florida Statutes, is reenacted to read: |
| 918 | 215.32 State funds; segregation.- |
| 919 | (2) The source and use of each of these funds shall be as |
| 920 | follows: |
| 921 | (b)1. The trust funds shall consist of moneys received by |
| 922 | the state which under law or under trust agreement are |
| 923 | segregated for a purpose authorized by law. The state agency or |
| 924 | branch of state government receiving or collecting such moneys |
| 925 | shall be responsible for their proper expenditure as provided by |
| 926 | law. Upon the request of the state agency or branch of state |
| 927 | government responsible for the administration of the trust fund, |
| 928 | the Chief Financial Officer may establish accounts within the |
| 929 | trust fund at a level considered necessary for proper |
| 930 | accountability. Once an account is established within a trust |
| 931 | fund, the Chief Financial Officer may authorize payment from |
| 932 | that account only upon determining that there is sufficient cash |
| 933 | and releases at the level of the account. |
| 934 | 2. In addition to other trust funds created by law, to the |
| 935 | extent possible, each agency shall use the following trust funds |
| 936 | as described in this subparagraph for day-to-day operations: |
| 937 | a. Operations or operating trust fund, for use as a |
| 938 | depository for funds to be used for program operations funded by |
| 939 | program revenues, with the exception of administrative |
| 940 | activities when the operations or operating trust fund is a |
| 941 | proprietary fund. |
| 942 | b. Operations and maintenance trust fund, for use as a |
| 943 | depository for client services funded by third-party payors. |
| 944 | c. Administrative trust fund, for use as a depository for |
| 945 | funds to be used for management activities that are departmental |
| 946 | in nature and funded by indirect cost earnings and assessments |
| 947 | against trust funds. Proprietary funds are excluded from the |
| 948 | requirement of using an administrative trust fund. |
| 949 | d. Grants and donations trust fund, for use as a |
| 950 | depository for funds to be used for allowable grant or donor |
| 951 | agreement activities funded by restricted contractual revenue |
| 952 | from private and public nonfederal sources. |
| 953 | e. Agency working capital trust fund, for use as a |
| 954 | depository for funds to be used pursuant to s. 216.272. |
| 955 | f. Clearing funds trust fund, for use as a depository for |
| 956 | funds to account for collections pending distribution to lawful |
| 957 | recipients. |
| 958 | g. Federal grant trust fund, for use as a depository for |
| 959 | funds to be used for allowable grant activities funded by |
| 960 | restricted program revenues from federal sources. |
| 961 |
|
| 962 | To the extent possible, each agency must adjust its internal |
| 963 | accounting to use existing trust funds consistent with the |
| 964 | requirements of this subparagraph. If an agency does not have |
| 965 | trust funds listed in this subparagraph and cannot make such |
| 966 | adjustment, the agency must recommend the creation of the |
| 967 | necessary trust funds to the Legislature no later than the next |
| 968 | scheduled review of the agency's trust funds pursuant to s. |
| 969 | 215.3206. |
| 970 | 3. All such moneys are hereby appropriated to be expended |
| 971 | in accordance with the law or trust agreement under which they |
| 972 | were received, subject always to the provisions of chapter 216 |
| 973 | relating to the appropriation of funds and to the applicable |
| 974 | laws relating to the deposit or expenditure of moneys in the |
| 975 | State Treasury. |
| 976 | 4.a. Notwithstanding any provision of law restricting the |
| 977 | use of trust funds to specific purposes, unappropriated cash |
| 978 | balances from selected trust funds may be authorized by the |
| 979 | Legislature for transfer to the Budget Stabilization Fund and |
| 980 | General Revenue Fund in the General Appropriations Act. |
| 981 | b. This subparagraph does not apply to trust funds |
| 982 | required by federal programs or mandates; trust funds |
| 983 | established for bond covenants, indentures, or resolutions whose |
| 984 | revenues are legally pledged by the state or public body to meet |
| 985 | debt service or other financial requirements of any debt |
| 986 | obligations of the state or any public body; the State |
| 987 | Transportation Trust Fund; the trust fund containing the net |
| 988 | annual proceeds from the Florida Education Lotteries; the |
| 989 | Florida Retirement System Trust Fund; trust funds under the |
| 990 | management of the State Board of Education or the Board of |
| 991 | Governors of the State University System, where such trust funds |
| 992 | are for auxiliary enterprises, self-insurance, and contracts, |
| 993 | grants, and donations, as those terms are defined by general |
| 994 | law; trust funds that serve as clearing funds or accounts for |
| 995 | the Chief Financial Officer or state agencies; trust funds that |
| 996 | account for assets held by the state in a trustee capacity as an |
| 997 | agent or fiduciary for individuals, private organizations, or |
| 998 | other governmental units; and other trust funds authorized by |
| 999 | the State Constitution. |
| 1000 | Section 41. In order to implement the issuance of new debt |
| 1001 | authorized in the 2010-2011 General Appropriations Act, and |
| 1002 | pursuant to the requirements of s. 215.98, Florida Statutes, the |
| 1003 | Legislature determines that the authorization and issuance of |
| 1004 | debt for the 2010-2011 fiscal year should be implemented and is |
| 1005 | in the best interest of the state and necessary to address a |
| 1006 | critical state emergency. |
| 1007 | Section 42. In order to implement the funds appropriated |
| 1008 | in the 2010-2011 General Appropriations Act for state employee |
| 1009 | travel, the funds appropriated to each state agency, which may |
| 1010 | be used for travel by state employees, shall be limited during |
| 1011 | the 2010-2011 fiscal year to travel for activities that are |
| 1012 | critical to each state agency's mission. Funds may not be used |
| 1013 | to pay for travel by state employees to foreign countries, other |
| 1014 | states, conferences, staff-training activities, or other |
| 1015 | administrative functions unless the agency head has approved in |
| 1016 | writing that such activities are critical to the agency's |
| 1017 | mission. The agency head must consider the use of |
| 1018 | teleconferencing and other forms of electronic communication to |
| 1019 | meet the needs of the proposed activity before approving |
| 1020 | mission-critical travel. This section does not apply to travel |
| 1021 | for law enforcement purposes, military purposes, emergency |
| 1022 | management activities, or public health activities. This section |
| 1023 | expires July 1, 2011. |
| 1024 | Section 43. A section of this act that implements a |
| 1025 | specific appropriation or specifically identified proviso |
| 1026 | language in the 2010-2011 General Appropriations Act is void if |
| 1027 | the specific appropriation or specifically identified proviso |
| 1028 | language is vetoed. A section of this act that implements more |
| 1029 | than one specific appropriation or more than one portion of |
| 1030 | specifically identified proviso language in the 2010-2011 |
| 1031 | General Appropriations Act is void if all the specific |
| 1032 | appropriations or portions of specifically identified proviso |
| 1033 | language are vetoed. |
| 1034 | Section 44. If any other act passed during the 2010 |
| 1035 | Regular Session contains a provision that is substantively the |
| 1036 | same as a provision in this act, but that removes or is |
| 1037 | otherwise not subject to the future repeal applied to such |
| 1038 | provision by this act, the Legislature intends that the |
| 1039 | provision in the other act takes precedence and continues to |
| 1040 | operate, notwithstanding the future repeal provided by this act. |
| 1041 | Section 45. If any provision of this act or its |
| 1042 | application to any person or circumstance is held invalid, the |
| 1043 | invalidity does not affect other provisions or applications of |
| 1044 | the act which can be given effect without the invalid provision |
| 1045 | or application, and to this end the provisions of this act are |
| 1046 | severable. |
| 1047 | Section 46. Except as otherwise expressly provided in this |
| 1048 | act and except for this section, which shall take effect June |
| 1049 | 29, 2010, this act shall take effect July 1, 2010; or, if this |
| 1050 | act fails to become a law until after that date, it shall take |
| 1051 | effect upon becoming a law and shall operate retroactively to |
| 1052 | July 1, 2010. |