HB 5003

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; reviving,
83	reenacting, and amending s. 443.1117, F.S.; providing for
84	retroactive application; establishing temporary state
85	extended benefits for weeks of unemployment; revising
86	definitions; providing for state extended benefits for
87	certain weeks and for periods of high unemployment;
88	providing applicability; providing a declaration of
89	important state interest; providing that funds
90	appropriated from the Economic Development Transportation
91	Trust Fund may be used to attract new space business to
92	the state and for other specified needs for the
93	development of aviation and aerospace operations; amending
94	s. 216.292, F.S.; permitting the Legislative Budget
95	Commission to review and approve recommendations by the
96	Governor for fixed capital outlay projects funded by
97	grants awarded from the American Recovery and Reinvestment
98	Act of 2009 or by any other federal economic stimulus
99	grant funding received; authorizing the Executive Office
100	of the Governor to transfer funds appropriated for the
101	American Recovery and Reinvestment Act of 2009 in
102	traditional appropriation categories in the General
103	Appropriations Act to appropriation categories established
104	for the specific purpose of tracking funds appropriated
105	for the act; reenacting s. 288.1254(4)(c) and (d), F.S.,
106	relating to the entertainment industry financial incentive
107	program, to continue the amount of incentive funding to be
108	appropriated in any fiscal year for the independent
109	Florida filmmaker queue and the digital media projects
110	queue; amending s. 339.08, F.S.; delaying the expiration
111	of provisions relating to the use of moneys in the State
112	Transportation Trust Fund for certain administrative
113	expenses; authorizing the transfer of funds from the State
114	Transportation Trust Fund to the General Revenue Fund
115	under certain circumstances; amending s. 445.009, F.S.;
116	providing that a participant in an adult or youth work
117	experience activity under ch. 445, F.S., is an employee of
118	the state for purposes of workers' compensation coverage;
119	authorizing the Executive Office of the Governor to
120	transfer funds between departments for purposes of
121	aligning amounts paid for risk management premiums and for
122	purposes of aligning amounts paid for human resource
123	management services; authorizing the Executive Office of
124	the Governor to transfer funds between departments for
125	purposes of aligning the budget authority granted to each
126	agency with the reductions in employee compensation;
127	authorizing the heads of agencies to terminate staff and
128	make personnel and salary adjustments and reductions to
129	maximize efficiency of agency operations; amending s.
130	110.123, F.S.; providing for the state's monthly
131	contribution for employees under the state group insurance
132	program; amending s. 112.24, F.S.; providing conditions on
133	the assignment of an employee of a state agency without
134	reimbursement from the receiving agency; reenacting s.
135	215.32(2)(b), F.S., relating to the source and use of
136	certain trust funds in order to implement the transfer of
137	moneys in the General Revenue Fund from trust funds in the
138	2010-2011 General Appropriations Act; providing for the
139	authorization and issuance of new debt; limiting the use
140	of travel funds to activities that are critical to an
141	agency's mission; providing exceptions; providing for
142	future expiration of various provisions; providing for
143	reversion of statutory text of certain provisions;
144	providing for the effect of a veto of one or more specific
145	appropriations or proviso to which implementing language
146	refers; providing for the continued operation of certain
147	provisions notwithstanding a future repeal or expiration
148	provided by the act; providing for severability; providing
149	effective dates.
150
151	Be It Enacted by the Legislature of the State of Florida:
152
153	Section 1.  It is the intent of the Legislature that the
154	implementing and administering provisions of this act apply to
155	the General Appropriations Act for the 2010-2011 fiscal year.
156	Section 2.  In order to implement Specific Appropriations
157	6, 7, 8, 78, and 79 of the 2010-2011 General Appropriations Act,
158	the calculations of the Florida Education Finance Program for
159	the 2010-2011 fiscal year in the document entitled "Public
160	School Funding-The Florida Education Finance Program," dated
161	April X, 2010, and filed with the Clerk of the House of
162	Representatives, are incorporated by reference for the purpose
163	of displaying the calculations used by the Legislature,
164	consistent with the requirements of the Florida Statutes, in
165	making appropriations for the Florida Education Finance Program.
166	Section 3.  In order to implement Specific Appropriations
167	17 and 18 of the 2010-2011 General Appropriations Act, paragraph
168	(c) is added to subsection (3) of section 216.292, Florida
169	Statutes, to read:
170	216.292  Appropriations nontransferable; exceptions.-
171	(3)  The following transfers are authorized with the
172	approval of the Executive Office of the Governor for the
173	executive branch or the Chief Justice for the judicial branch,
174	subject to the notice and objection provisions of s. 216.177:
175	(c)  The transfer of appropriations for fixed capital
176	outlay from the Survey Recommended Needs-Public Schools
177	appropriation category to the Maintenance, Repair, Renovation
178	and Remodeling appropriation category. The allocation of
179	transferred funds shall be in accordance with s. 1013.64(1).
180	This paragraph expires July 1, 2011.
181	Section 4.  In order to fulfill legislative intent
182	regarding the use of funds contained in Specific Appropriations
183	639, 651, 663, and 1188 of the 2010-2011 General Appropriations
184	Act, the Department of Corrections and the Department of
185	Juvenile Justice may expend appropriated funds to assist in
186	defraying the costs of impacts that are incurred by a
187	municipality or county and that are associated with opening or
188	operating a facility under the authority of the department. The
189	amount paid for any facility may not exceed 1 percent of the
190	cost to construct the facility, less building impact fees
191	imposed by the municipality or county. This section expires July
192	1, 2011.
193	Section 5.  In order to implement Specific Appropriations
194	629 through 727 and 747 through 781 of the 2010-2011 General
195	Appropriations Act, subsection (4) of section 216.262, Florida
196	Statutes, is amended to read:
197	216.262  Authorized positions.-
198	(4)  Notwithstanding the provisions of this chapter on
199	increasing the number of authorized positions, and for the 2010-
200	2011 2009-2010 fiscal year only, if the actual inmate population
201	of the Department of Corrections exceeds the inmate population
202	projections of the February 19, 2010 April 30, 2009, Criminal
203	Justice Estimating Conference by 1 percent for 2 consecutive
204	months or 2 percent for any month, the Executive Office of the
205	Governor, with the approval of the Legislative Budget
206	Commission, shall immediately notify the Criminal Justice
207	Estimating Conference, which shall convene as soon as possible
208	to revise the estimates. The Department of Corrections may then
209	submit a budget amendment requesting the establishment of
210	positions in excess of the number authorized by the Legislature
211	and additional appropriations from unallocated general revenue
212	sufficient to provide for essential staff, fixed capital
213	improvements, and other resources to provide classification,
214	security, food services, health services, and other variable
215	expenses within the institutions to accommodate the estimated
216	increase in the inmate population. All actions taken pursuant to
217	the authority granted in this subsection shall be subject to
218	review and approval by the Legislative Budget Commission. This
219	subsection expires July 1, 2011 2010.
220	Section 6.  In order to implement Specific Appropriations
221	1306, 1322, 1329, 1349, and 1359 of the 2010-2011 General
222	Appropriations Act, the Department of Legal Affairs is
223	authorized to transfer cash remaining after required
224	disbursements for Attorney General case numbers 16-2008-CA-01-
225	3142CV-C and CACE08022328 from FLAIR account 41-71-2-601001-
226	41100100-00-181076-00 to the Operating Trust Fund to pay
227	salaries and benefits. This section expires July 1, 2011.
228	Section 7.  In order to implement Specific Appropriations
229	1245 and 1251 of the 2010-2011 General Appropriations Act,
230	paragraph (d) of subsection (4) of section 932.7055, Florida
231	Statutes, is amended to read:
232	932.7055  Disposition of liens and forfeited property.-
233	(4)  The proceeds from the sale of forfeited property shall
234	be disbursed in the following priority:
235	(d)  Notwithstanding any other provision of this
236	subsection, and for the 2010-2011 2009-2010 fiscal year only,
237	the funds in a special law enforcement trust fund established by
238	the governing body of a municipality may be expended to
239	reimburse the general fund of the municipality for moneys
240	advanced from the general fund to the special law enforcement
241	trust fund prior to October 1, 2001. This paragraph expires July
242	1, 2011 2010.
243	Section 8.  In order to implement Specific Appropriations
244	324 through 355 of the 2010-2011 General Appropriations Act,
245	paragraphs (b) and (c) of subsection (3) of section 394.908,
246	Florida Statutes, are amended to read:
247	394.908  Substance abuse and mental health funding equity;
248	distribution of appropriations.-In recognition of the historical
249	inequity in the funding of substance abuse and mental health
250	services for the department's districts and regions and to
251	rectify this inequity and provide for equitable funding in the
252	future throughout the state, the following funding process shall
253	be used:
254	(3)
255	(b)  Notwithstanding paragraph (a) and for the 2010-2011
256	2009-2010 fiscal year only, funds appropriated for forensic
257	mental health treatment services shall be allocated to the areas
258	of the state having the greatest demand for services and
259	treatment capacity. This paragraph expires July 1, 2011 2010.
260	(c)  Notwithstanding paragraph (a) and for the 2010-2011
261	2009-2010 fiscal year only, additional funds appropriated for
262	substance abuse and mental health services from funds available
263	through the Community-Based Medicaid Administrative Claiming
264	Program shall be allocated as provided in the 2010-2011 2009-
265	2010 General Appropriations Act and in proportion to contributed
266	provider earnings. This paragraph expires July 1, 2011 2010.
267	Section 9.  In order to implement Specific Appropriation
268	518 of the 2010-2011 General Appropriations Act, subsections
269	(12) through (15) of section 215.5602, Florida Statutes, are
270	amended to read:
271	215.5602  James and Esther King Biomedical Research
272	Program.-
273	(12)(a)  From funds appropriated to accomplish the goals of
274	this section, up to $250,000 shall be available for the
275	operating costs of the Florida Center for Universal Research to
276	Eradicate Disease.
277	(b)(a)  Beginning in the 2009-2010 fiscal year and
278	thereafter, 5 percent of the revenue deposited into the Health
279	Care Trust Fund pursuant to ss. 210.011(9) and 210.276(7) shall
280	be reserved for research of tobacco-related or cancer-related
281	illnesses; however, the sum of the revenue reserved pursuant to
282	ss. 210.011(9) and 210.276(7) may not exceed $50 million in any
283	fiscal year. This paragraph is suspended for the 2010-2011
284	fiscal year.
285	(b)  In the 2009-2010 fiscal year, 2.5 percent, not to
286	exceed $25 million, of the revenue deposited into the Health
287	Care Trust Fund pursuant to this subsection shall be transferred
288	to the Biomedical Research Trust Fund within the Department of
289	Health for the James and Esther King Biomedical Research
290	Program.
291	(13)  By June 1, 2009, the Division of Statutory Revision
292	of the Office of Legislative Services shall certify to the
293	President of the Senate and the Speaker of the House of
294	Representatives the language and statutory citation of this
295	section, which is scheduled to expire January 1, 2011.
296	(14)  The Legislature shall review the performance, the
297	outcomes, and the financial management of the James and Esther
298	King Biomedical Research Program during the 2010 Regular Session
299	of the Legislature and shall determine the most appropriate
300	funding source and means of funding the program based on its
301	review.
302	(13)(15)  This section expires July January 1, 2011, unless
303	reviewed and reenacted by the Legislature before that date.
304	Section 10.  In order to implement Specific Appropriations
305	508 through 526 of the 2010-2011 General Appropriations Act,
306	subsections (5) through (8) of section 381.922, Florida
307	Statutes, are amended to read:
308	381.922  William G. "Bill" Bankhead, Jr., and David Coley
309	Cancer Research Program.-
310	(5)  Funds appropriated for the William G. "Bill" Bankhead,
311	Jr., and David Coley Cancer Research Program shall be
312	distributed pursuant to this section to provide grants to
313	researchers seeking cures for cancer and cancer-related
314	illnesses, with emphasis given to the goals enumerated in s.
315	381.921. From the total funds appropriated, an amount of up to
316	10 percent may be used for administrative expenses. In the 2009-
317	2010 fiscal year, 2.5 percent, not to exceed $25 million, of the
318	revenue deposited into the Health Care Trust Fund pursuant to s.
319	215.5602(12)(a) shall be transferred to the Biomedical Research
320	Trust Fund within the Department of Health for the William G.
321	"Bill" Bankhead, Jr., and David Coley Cancer Research Program.
322	(6)  By June 1, 2009, the Division of Statutory Revision of
323	the Office of Legislative Services shall certify to the
324	President of the Senate and the Speaker of the House of
325	Representatives the language and statutory citation of this
326	section, which is scheduled to expire January 1, 2011.
327	(7)  The Legislature shall review the performance, the
328	outcomes, and the financial management of the William G. "Bill"
329	Bankhead, Jr., and David Coley Cancer Research Program during
330	the 2010 Regular Session of the Legislature and shall determine
331	the most appropriate funding source and means of funding the
332	program based on its review.
333	(6)(8)  This section expires July January 1, 2011, unless
334	reviewed and reenacted by the Legislature before that date.
335	Section 11.  (1)  In order to implement proviso following
336	Specific Appropriation 486 of the 2010-2011 General
337	Appropriations Act, and for the 2010-2011 fiscal year only,
338	notwithstanding any law to the contrary, a state agency may not
339	adopt or implement a rule or policy that:
340	(a)  Mandates or establishes new nitrogen-reduction limits
341	that apply to existing or new onsite sewage treatment systems;
342	(b)  Has the effect of requiring the use of performance-
343	based treatment systems; or
344	(c)  Increases the cost of treatment for nitrogen reduction
345	from onsite systems,
346
347	before the study and report required in proviso following
348	Specific Appropriation 486 is completed.
349	(2)  This section expires July 1, 2011.
350	Section 12.  In order to implement section 77 of the 2010-
351	2011 General Appropriations Act, the Florida Catastrophic Storm
352	Risk Management Center at Florida State University shall conduct
353	the analysis as originally required in section 164 of chapter
354	2004-390, Laws of Florida. Notwithstanding section 164 of
355	chapter 2004-390, Laws of Florida, the Florida Catastrophic
356	Storm Risk Management Center at Florida State University is
357	directed to use the most recent and available premium data for
358	personal lines property and casualty insurance in completing the
359	analysis.
360	Section 13.  In order to implement Specific Appropriation
361	3055O, subsection (3) of section 218.12, Florida Statutes, is
362	amended to read:
363	218.12  Appropriations to offset reductions in ad valorem
364	tax revenue in fiscally constrained counties.-
365	(3)  In determining the reductions in ad valorem tax
366	revenues occurring as a result of the implementation of the
367	revisions to Art. VII of the State Constitution approved in the
368	special election held on January 29, 2008, the value of
369	assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the
370	State Constitution shall include only the reduction in taxable
371	value for homesteads established January 1, 2010 2009.
372	Section 14.  The amendment to s. 218.12(3), Florida
373	Statutes, by this act shall expire July 1, 2011, and the text of
374	that subsection shall revert to that in existence on June 30,
375	2009, except that any amendments to such text enacted other than
376	by this act shall be preserved and continue to operate to the
377	extent that such amendments are not dependent upon the portions
378	of such text which expire pursuant to this section.
379	Section 15.  In order to implement Specific Appropriation
380	2838 of the 2010-2011 General Appropriations Act, paragraph (b)
381	of subsection (1) of section 255.518, Florida Statutes, is
382	reenacted to read:
383	255.518  Obligations; purpose, terms, approval,
384	limitations.-
385	(1)
386	(b)  Payment of debt service charges on obligations during
387	the construction of any facility financed by such obligations
388	shall be made from funds other than proceeds of obligations.
389	Section 16.  The amendment to s. 255.518(1)(b), Florida
390	Statutes, as carried forward by this act from chapters 2008-153
391	and 2009-82, Laws of Florida, shall expire July 1, 2011, and the
392	text of that paragraph shall revert to that in existence on June
393	30, 2008, except that any amendments to such text enacted other
394	than by this act shall be preserved and continue to operate to
395	the extent that such amendments are not dependent upon the
396	portions of such text which expire pursuant to this section.
397	Section 17.  In order to implement Specific Appropriations
398	2821 through 2835 of the 2010-2011 General Appropriations Act,
399	paragraph (b) of subsection (7) of section 255.503, Florida
400	Statutes, is amended to read:
401	255.503  Powers of the Department of Management Services.-
402	The Department of Management Services shall have all the
403	authority necessary to carry out and effectuate the purposes and
404	provisions of this act, including, but not limited to, the
405	authority to:
406	(7)
407	(b)  No later than the date upon which the department
408	recommends to the Division of State Lands of the Department of
409	Environmental Protection the disposition of any facility within
410	the Florida Facilities Pool, the department shall provide to the
411	President of the Senate, the Speaker of the House of
412	Representatives, the Executive Office of the Governor, and the
413	Division of Bond Finance of the State Board of Administration an
414	analysis that includes:
415	1.  The cost benefit of the proposed facility disposition,
416	including the facility's current operating expenses, condition,
417	and market value, and viable alternatives for work space for
418	impacted state employees.
419	2.  The effect of the proposed facility disposition on the
420	financial status of the Florida Facilities Pool, including the
421	effect on rental rates and coverage requirement for the bonds.
422
423	This paragraph expires July 1, 2011 2010.
424	Section 18.  In order to implement Specific Appropriations
425	2379 through 2401 of the 2010-2011 General Appropriations Act,
426	subsection (14) of section 253.034, Florida Statutes, is amended
427	to read:
428	253.034  State-owned lands; uses.-
429	(14)  Notwithstanding the provisions of this section, funds
430	derived from the sale of property by the Department of Citrus'
431	property Citrus located in Lakeland, Florida, are authorized to
432	be deposited into the Citrus Advertising Trust Fund. This
433	subsection expires July 1, 2011 2010.
434	Section 19.  In order to implement Specific Appropriations
435	1763, 1775A, 1789, and 1790, paragraph (b) of subsection (3) of
436	section 375.041, Florida Statutes, is amended to read:
437	375.041  Land Acquisition Trust Fund.-
438	(3)
439	(b)  In addition to the uses allowed in paragraph (a), for
440	the 2010-2011 2008-2009 fiscal year, moneys in the Land
441	Acquisition Trust Fund are authorized for transfer to the Water
442	Quality Assurance Trust Fund for the Total Maximum Daily Loads
443	Program, the Drinking Water Facility Construction-State
444	Revolving Loan Fund, the Wastewater Facility Treatment
445	Construction-State Revolving Loan Fund, and the Florida Onsite
446	Sewage Reduction Strategies Study Ecosystem Management and
447	Restoration Trust Fund for grants and aids to local governments
448	for water projects as provided in the General Appropriations
449	Act. This paragraph expires July 1, 2011 2009.
450	Section 20.  In order to implement Specific Appropriations
451	1389 and 1692 of the 2010-2011 General Appropriations Act,
452	subsection (12) of section 373.59, Florida Statutes, is amended,
453	and subsection (13) is added to that section, to read:
454	373.59  Water Management Lands Trust Fund.-
455	(12)(a)  Notwithstanding the provisions of subsection (8),
456	and for the 2010-2011 2009-2010 fiscal year only, the moneys
457	from the Water Management Lands Trust Fund shall be allocated as
458	follows:
459	1.(a)  An amount necessary to pay debt service on bonds
460	issued before February 1, 2009, by the South Florida Water
461	Management District and the St. Johns River Water Management
462	District, which are secured by revenues provided pursuant to
463	this section, or to fund debt service reserve funds, rebate
464	obligations, or other amounts payable with respect to such
465	bonds;
466	2.(b)  Eight million dollars to be transferred to the
467	General Revenue Fund; and
468	3.  One million dollars for implementation of environmental
469	restoration and water resource sustainability projects and
470	programs as described in the West Central Florida Water
471	Restoration Action Plan; and
472	4.(c)  The remaining funds to be distributed equally
473	between the Suwannee River Water Management District and the
474	Northwest Florida Water Management District.
475	(b)  Notwithstanding paragraph (a), and for the 2010-2011
476	fiscal year only, the sum of $50,000 from the Water Management
477	Lands Trust Fund shall be transferred to the General Inspection
478	Trust Fund in the Department of Agriculture and Consumer
479	Services for the soil and water conservation districts for
480	support services.
481
482	This subsection expires July 1, 2011 2010.
483	(13)  Notwithstanding subsection (1), for fiscal year 2010-
484	2011 only, moneys in the Water Management Lands Trust Fund may
485	be used for implementation of environmental restoration and
486	water resource sustainability projects and programs as described
487	in the West Central Florida Water Restoration Action Plan. This
488	subsection expires July 1, 2011.
489	Section 21.  In order to implement Specific Appropriation
490	1804 of the 2010-2011 General Appropriations Act, paragraph (c)
491	of subsection (5) of section 376.3071, Florida Statutes, is
492	amended to read:
493	376.3071  Inland Protection Trust Fund; creation; purposes;
494	funding.-
495	(5)  SITE SELECTION AND CLEANUP CRITERIA.-
496	(c)  The department shall require source removal, if
497	warranted and cost-effective, at each site eligible for
498	restoration funding from the Inland Protection Trust Fund.
499	1.  Funding for free product recovery may be provided in
500	advance of the order established by the priority ranking system
501	under paragraph (a) for site cleanup activities. However, a
502	separate prioritization for free product recovery shall be
503	established consistent with paragraph (a). No more than $5
504	million shall be encumbered from the Inland Protection Trust
505	Fund in any fiscal year for free product recovery conducted in
506	advance of the priority order under paragraph (a) established
507	for site cleanup activities.
508	2.  Funding for limited interim soil-source removals for
509	sites that will become inaccessible for future remediation due
510	to road infrastructure and right-of-way restrictions resulting
511	from a pending Department of Transportation road construction
512	project or for secondary containment upgrading of underground
513	storage tanks required under chapter 62-761, Florida
514	Administrative Code, may be provided in advance of the order
515	established by the priority ranking system under paragraph (a)
516	for site cleanup activities. The department shall provide
517	written guidance on the limited source removal information and
518	technical evaluation necessary to justify a request for a
519	limited source removal in advance of the priority order pursuant
520	to paragraph (a) established for site cleanup activities.
521	Prioritization for limited source removal projects associated
522	with a secondary containment upgrade in any fiscal year shall be
523	determined on a first-come, first-served basis according to the
524	approval date issued under s. 376.30711 for the limited source
525	removal. Funding for limited source removals associated with
526	secondary containment upgrades shall be limited to 10 sites in
527	each fiscal year for each facility owner and any related person.
528	The limited source removal for secondary containment upgrades
529	shall be completed no later than 6 months after the department
530	issues its approval of the project, and the approval
531	automatically expires at the end of the 6 months. Funding for
532	Department of Transportation and secondary containment upgrade
533	source removals may not exceed $50,000 for a single facility
534	unless the department makes a determination that it is cost-
535	effective and environmentally beneficial to exceed this amount,
536	but in no event shall the department authorize costs in excess
537	of $100,000 for a single facility. Department funding for
538	limited interim soil-source removals associated with Department
539	of Transportation projects and secondary containment upgrades
540	shall be limited to supplemental soil assessment, soil
541	screening, soil removal, backfill material, treatment or
542	disposal of the contaminated soil, dewatering related to the
543	contaminated soil removal in an amount of up to 10 percent of
544	the total interim soil-source removal project costs, treatment,
545	and disposal of the contaminated groundwater and preparation of
546	the source removal report. No other costs associated with the
547	facility upgrade may be paid with department funds. No more than
548	$1 million for Department of Transportation limited source
549	removal projects and $10 million for secondary containment
550	upgrade limited source removal projects conducted in advance of
551	the priority order established under paragraph (a) for site
552	cleanup activities shall be encumbered from the Inland
553	Protection Trust Fund in any fiscal year. This subparagraph is
554	repealed effective June 30, 2011 2010.
555	3.  Once free product removal and other source removal
556	identified in this paragraph are completed at a site, and
557	notwithstanding the order established by the priority ranking
558	system under paragraph (a) for site cleanup activities, the
559	department may reevaluate the site to determine the degree of
560	active cleanup needed to continue site rehabilitation. Further,
561	the department shall determine if the reevaluated site qualifies
562	for natural attenuation monitoring or no further action. If
563	additional site rehabilitation is necessary to reach no further
564	action status, the site rehabilitation shall be conducted in the
565	order established by the priority ranking system under paragraph
566	(a) and the department is encouraged to utilize natural
567	attenuation and monitoring where site conditions warrant.
568	Section 22.  In order to implement Specific Appropriations
569	1378 through 1538 of the 2010-2011 General Appropriations Act,
570	subsection (2) of section 570.20, Florida Statutes, is amended
571	to read:
572	570.20  General Inspection Trust Fund.-
573	(2)  For the 2010-2011 2009-2010 fiscal year only and
574	notwithstanding any other provision of law to the contrary, in
575	addition to the spending authorized in subsection (1), moneys in
576	the General Inspection Trust Fund may be appropriated for
577	programs operated by the department which are related to the
578	programs authorized by this chapter. This subsection expires
579	July 1, 2011 2010.
580	Section 23.  In order to implement Specific Appropriation
581	1833 of the 2010-2011 General Appropriations Act, subsection (7)
582	of section 403.7095, Florida Statutes, is amended to read:
583	403.7095  Solid waste management grant program.-
584	(7)  Notwithstanding any provision of this section to the
585	contrary, and for the 2010-2011 2009-2010 fiscal year only, the
586	Department of Environmental Protection shall award the sum of
587	$2,600,000 in grants equally to counties having populations of
588	fewer than 100,000 for waste tire and litter prevention,
589	recycling education, and general solid waste programs. This
590	subsection expires July 1, 2011 2010.
591	Section 24.  In order to implement Specific Appropriation
592	1490 of the 2010-2011 General Appropriations Act and to provide
593	consistency and continuity in the promotion of agriculture
594	throughout the state, notwithstanding s. 287.057, Florida
595	Statutes, the Department of Agriculture and Consumer Services,
596	at its discretion, may extend, revise, and renew current
597	contracts or agreements created or entered into pursuant to
598	chapter 2006-25, Laws of Florida. This section expires July 1,
599	2011.
600	Section 25.  In order to implement Specific Appropriation
601	2125 of the 2010-2011 General Appropriations Act, subsection (5)
602	of section 339.135, Florida Statutes, is amended to read:
603	339.135  Work program; legislative budget request;
604	definitions; preparation, adoption, execution, and amendment.-
605	(5)  ADOPTION OF THE WORK PROGRAM.-
606	(a)  The original approved budget for operational and fixed
607	capital expenditures for the department shall be the Governor's
608	budget recommendation and the first year of the tentative work
609	program, as both are amended by the General Appropriations Act
610	and any other act containing appropriations. In accordance with
611	the appropriations act, the department shall, prior to the
612	beginning of the fiscal year, adopt a final work program which
613	shall only include the original approved budget for the
614	department for the ensuing fiscal year together with any roll
615	forwards approved pursuant to paragraph (6)(c) and the portion
616	of the tentative work program for the following 4 fiscal years
617	revised in accordance with the original approved budget for the
618	department for the ensuing fiscal year together with said roll
619	forwards. The adopted work program may include only those
620	projects submitted as part of the tentative work program
621	developed under the provisions of subsection (4) plus any
622	projects which are separately identified by specific
623	appropriation in the General Appropriations Act and any roll
624	forwards approved pursuant to paragraph (6)(c). However, any
625	transportation project of the department which is identified by
626	specific appropriation in the General Appropriations Act shall
627	be deducted from the funds annually distributed to the
628	respective district pursuant to paragraph (4)(a). In addition,
629	the department shall not in any year include any project or
630	allocate funds to a program in the adopted work program that is
631	contrary to existing law for that particular year. Projects
632	shall not be undertaken unless they are listed in the adopted
633	work program.
634	(b)  Notwithstanding paragraph (a), and for the 2010-2011
635	2009-2010 fiscal year only, the Department of Transportation
636	shall transfer funds to the Office of Tourism, Trade, and
637	Economic Development in an amount equal to $20,300,000 for the
638	purpose of funding transportation-related needs of economic
639	development projects. This transfer shall not reduce, delete, or
640	defer any existing projects funded, as of July 1, 2009, in the
641	Department of Transportation's 5-year work program. This
642	paragraph expires July 1, 2011 2010.
643	Section 26.  In order to implement Specific Appropriation
644	2219 of the 2010-2011 General Appropriations Act, and
645	notwithstanding the expiration date contained in section 1 of
646	chapter 2010-1, Laws of Florida, operating retroactive to
647	February 27, 2010, section 443.1117, Florida Statutes, as
648	amended by section 1 of chapter 2010-1, Laws of Florida, is
649	revived, reenacted, and amended to read:
650	443.1117  Temporary extended benefits.-
651	(1)  APPLICABILITY OF EXTENDED BENEFITS STATUTE.-Except
652	when the result is inconsistent with the other provisions of
653	this section, the provisions of s. 443.1115 (2), (3), (4), (6),
654	and (7) apply to all claims covered by this section.
655	(2)  DEFINITIONS.-For the purposes of this section, the
656	term:
657	(a)  "Regular benefits" and "extended benefits" have the
658	same meaning as in s. 443.1115.
659	(b)  "Eligibility period" means the period consisting of
660	the weeks in an individual's benefit year or emergency benefit
661	period which begin in an extended benefit period and, if the
662	benefit year or emergency benefit period ends within that
663	extended benefit period, any subsequent weeks beginning in that
664	period.
665	(c)  "Emergency benefits" means Emergency Unemployment
666	Compensation paid pursuant to Pub. L. No. 110-252, Pub. L. No.
667	110-449, Pub. L. No. 111-5, Pub. L. No. 111-92, and Pub. L. No.
668	111-118, and Pub. L. No. 111-144.
669	(d)  "Extended benefit period" means a period that:
670	1.  Begins with the third week after a week for which there
671	is a state "on" indicator; and
672	2.  Ends with any of the following weeks, whichever occurs
673	later:
674	a.  The third week after the first week for which there is
675	a state "off" indicator;
676	b.  The 13th consecutive week of that period.
677
678	However, an extended benefit period may not begin by reason of a
679	state "on" indicator before the 14th week after the end of a
680	prior extended benefit period that was in effect for this state.
681	(e)  "Emergency benefit period" means the period during
682	which an individual receives emergency benefits as defined in
683	paragraph (c).
684	(f)  "Exhaustee" means an individual who, for any week of
685	unemployment in her or his eligibility period:
686	1.  Has received, before that week, all of the regular
687	benefits and emergency benefits, if any, available under this
688	chapter or any other law, including dependents' allowances and
689	benefits payable to federal civilian employees and ex-
690	servicemembers under 5 U.S.C. ss. 8501-8525, in the current
691	benefit year or emergency benefit period that includes that
692	week. For the purposes of this subparagraph, an individual has
693	received all of the regular benefits and emergency benefits, if
694	any, available although, as a result of a pending appeal for
695	wages paid for insured work which were not considered in the
696	original monetary determination in the benefit year, she or he
697	may subsequently be determined to be entitled to added regular
698	benefits;
699	2.  Had a benefit year which expired before that week, and
700	was paid no, or insufficient, wages for insured work on the
701	basis of which she or he could establish a new benefit year that
702	includes that week; and
703	3.a.  Has no right to unemployment benefits or allowances
704	under the Railroad Unemployment Insurance Act or other federal
705	laws as specified in regulations issued by the United States
706	Secretary of Labor; and
707	b.  Has not received and is not seeking unemployment
708	benefits under the unemployment compensation law of Canada; but
709	if an individual is seeking those benefits and the appropriate
710	agency finally determines that she or he is not entitled to
711	benefits under that law, she or he is considered an exhaustee.
712	(g)  "State 'on' indicator" means, with respect to weeks of
713	unemployment beginning on or after February 1, 2009, and ending
714	on or before March 13, 2010 January 30, 2010, the occurrence of
715	a week in which the average total unemployment rate, seasonally
716	adjusted, as determined by the United States Secretary of Labor,
717	for the period consisting of the most recent 3 months for which
718	data for all states are published by the United States
719	Department of Labor:
720	1.  Equals or exceeds 110 percent of the average of those
721	rates for the corresponding 3-month period ending in each of the
722	preceding 2 calendar years; and
723	2.  Equals or exceeds 6.5 percent.
724	(h)  "High unemployment period" means, with respect to
725	weeks of unemployment beginning on or after February 1, 2009,
726	and ending on or before March 13, 2010 January 30, 2010, any
727	week in which the average total unemployment rate, seasonally
728	adjusted, as determined by the United States Secretary of Labor,
729	for the period consisting of the most recent 3 months for which
730	data for all states are published by the United States
731	Department of Labor:
732	1.  Equals or exceeds 110 percent of the average of those
733	rates for the corresponding 3-month period ending in each of the
734	preceding 2 calendar years; and
735	2.  Equals or exceeds 8 percent.
736	(i)  "State 'off' indicator" means the occurrence of a week
737	in which there is no state "on" indicator or which does not
738	constitute a high unemployment period.
739	(3)  TOTAL EXTENDED BENEFIT AMOUNT.-Except as provided in
740	subsection (4):
741	(a)  For any week for which there is an "on" indicator
742	pursuant to paragraph (2)(g), the total extended benefit amount
743	payable to an eligible individual for her or his applicable
744	benefit year is the lesser of:
745	1.  Fifty percent of the total regular benefits payable
746	under this chapter in the applicable benefit year; or
747	2.  Thirteen times the weekly benefit amount payable under
748	this chapter for a week of total unemployment in the applicable
749	benefit year.
750	(b)  For any high unemployment period as defined in
751	paragraph (2)(h), the total extended benefit amount payable to
752	an eligible individual for her or his applicable benefit year is
753	the lesser of:
754	1.  Eighty percent of the total regular benefits payable
755	under this chapter in the applicable benefit year; or
756	2.  Twenty times the weekly benefit amount payable under
757	this chapter for a week of total unemployment in the applicable
758	benefit year.
759	(4)  EFFECT ON TRADE READJUSTMENT.-Notwithstanding any
760	other provision of this chapter, if the benefit year of an
761	individual ends within an extended benefit period, the number of
762	weeks of extended benefits the individual is entitled to receive
763	in that extended benefit period for weeks of unemployment
764	beginning after the end of the benefit year, except as provided
765	in this section, is reduced, but not to below zero, by the
766	number of weeks for which the individual received, within that
767	benefit year, trade readjustment allowances under the Trade Act
768	of 1974, as amended.
769	(5)  EXPIRATION.-This section expires April 5, 2010, unless
770	reviewed and reenacted by the Legislature before that date.
771	Section 27.  The provisions of s. 443.1117, Florida
772	Statutes, as revived, reenacted, and amended by this act, apply
773	only to claims for weeks of unemployment in which an exhaustee
774	establishes entitlement to extended benefits pursuant to that
775	section which are established for the period between February
776	22, 2009, and April 5, 2010.
777	Section 28.  The Legislature finds that the amendments made
778	by this act to s. 443.1117, Florida Statutes, fulfill an
779	important state interest.
780	Section 29.  In order to implement Specific Appropriation
781	2672 and section 56 of the 2010-2011 General Appropriations Act,
782	funds appropriated out of the Economic Development
783	Transportation Trust Fund may be used for economic development
784	infrastructure projects and other economic development projects;
785	for improvements to other launch complexes and space
786	transportation facilities in order to attract new space vehicle
787	testing and launch business to the state; for addressing
788	intermodal requirements and impacts of the launch ranges,
789	spaceports, and other space transportation facilities; for
790	advancing aerospace technology to meet the current and future
791	needs of the United States commercial space transportation
792	industry; and for assisting in the development of joint-use
793	facilities and technology that support aviation and aerospace
794	operations, including high altitude and suborbital flights and
795	range technology development.
796	Section 30.  In order to implement sections 2 through 7 of
797	the 2010-2011 General Appropriations Act, subsection (5) of
798	section 216.292, Florida Statutes, is amended to read:
799	216.292  Appropriations nontransferable; exceptions.-
800	(5)(a)  A transfer of funds may not result in the
801	initiation of a fixed capital outlay project that has not
802	received a specific legislative appropriation.
803	(b)  Notwithstanding paragraph (a), and for the 2010-2011
804	2009-2010 fiscal year only, the Governor may recommend the
805	initiation of fixed capital outlay projects funded by grants
806	awarded by the Federal Government through the American Recovery
807	and Reinvestment Act of 2009 or by any other federal economic
808	stimulus grant funding received. All actions taken pursuant to
809	the authority granted in the paragraph are subject to review and
810	approval by the Legislative Budget Commission. This paragraph
811	expires July 1, 2011 2010.
812	Section 31.  In order to implement sections 2 through 7 of
813	the 2010-2011 General Appropriations Act, the Executive Office
814	of the Governor is authorized to transfer funds appropriated for
815	the American Recovery and Reinvestment Act of 2009 (ARRA) in
816	traditional appropriation categories in the 2010-2011 General
817	Appropriations Act to appropriation categories established for
818	the specific purpose of tracking funds appropriated for the
819	ARRA.
820	Section 32.  In order to implement Specific Appropriation
821	2665 of the 2010-2011 General Appropriations Act, paragraphs (c)
822	and (d) of subsection (4) of section 288.1254, Florida Statutes,
823	are reenacted to read:
824	288.1254  Entertainment industry financial incentive
825	program.-
826	(4)  PRIORITY FOR INCENTIVE FUNDING; WITHDRAWAL OF
827	ELIGIBILITY; QUEUES.-
828	(c)  Independent Florida filmmaker queue.-Ten percent of
829	incentive funding appropriated in any state fiscal year must be
830	dedicated to the independent Florida filmmaker queue. If there
831	are no qualified applications in the queue, any funding in the
832	queue shall be made available to a qualified project in the
833	digital media projects queue. A production certified under this
834	queue is eligible for a reimbursement equal to 15 percent of its
835	actual qualified expenditures. An independent Florida film that
836	meets the criteria of this queue and demonstrates a minimum of
837	$100,000, but not more than $625,000, in total qualified
838	expenditures is eligible for incentive funding. To qualify for
839	this queue, a qualified production must:
840	1.  Be planned as a feature film or documentary of no less
841	than 70 minutes in length.
842	2.  Provide evidence of 50 percent of the financing for its
843	total budget in an escrow account or other form dedicated to the
844	production.
845	3.  Do all major postproduction in this state.
846	4.  Employ Florida workers in at least six of the following
847	key positions: writer, director, producer, director of
848	photography, star or one of the lead actors, unit production
849	manager, editor, or production designer. As used in this
850	subparagraph, the term "Florida worker" means a person who has
851	been a resident of this state for at least 1 year before a
852	production's application under subsection (3) was submitted or a
853	person who graduated from a film school, college, university, or
854	community college in this state no more than 5 years before such
855	submittal or who is enrolled full-time in such a school,
856	college, or university.
857	(d)  Digital media projects queue.-Five percent of
858	incentive funding appropriated in any state fiscal year shall be
859	dedicated to the digital media projects queue. A production
860	certified under this queue is eligible for a reimbursement equal
861	to 10 percent of its actual qualified expenditures. A qualified
862	production that is a digital media project that demonstrates a
863	minimum of $300,000 in total qualified expenditures is eligible
864	for a maximum of $1 million in incentive funding. As used in
865	this paragraph, the term "qualified expenditures" means the
866	wages or salaries paid to a resident of this state for working
867	on a single qualified digital media project, up to a maximum of
868	$200,000 in wages or salaries paid per resident. A qualified
869	production company producing digital media projects may not
870	qualify for more than three projects in any 1 fiscal year.
871	Projects that extend beyond a fiscal year must reapply each
872	fiscal year in order to be eligible for incentive funding for
873	that year.
874	Section 33.  The amendment to s. 288.1254(4)(c) and (d),
875	Florida Statutes, as carried forward by this act from chapter
876	2009-82, Laws of Florida, shall expire July 1, 2011, and the
877	text of those paragraphs shall revert to that in existence on
878	June 30, 2009, except that any amendments to such text enacted
879	other than by this act shall be preserved and continue to
880	operate to the extent that such amendments are not dependent
881	upon the portions of such text which expire pursuant to this
882	section.
883	Section 34.  In order to implement section 59 of the 2010-
884	2011 General Appropriations Act, paragraph (n) of subsection (1)
885	of section 339.08, Florida Statutes, is amended to read:
886	339.08  Use of moneys in State Transportation Trust Fund.-
887	(1)  The department shall expend moneys in the State
888	Transportation Trust Fund accruing to the department, in
889	accordance with its annual budget. The use of such moneys shall
890	be restricted to the following purposes:
891	(n)  To pay administrative expenses incurred in accordance
892	with applicable laws for a multicounty transportation or
893	expressway authority created under chapter 343 or chapter 348,
894	where jurisdiction for the authority includes a portion of the
895	State Highway System and the administrative expenses are in
896	furtherance of the duties and responsibilities of the authority
897	in the development of improvements to the State Highway System.
898	This paragraph expires July 1, 2011 2010.
899	Section 35.  In order to implement section 83 of the 2010-
900	2011 General Appropriations Act, subsection (4) of section
901	339.08, Florida Statutes, is amended to read:
902	339.08  Use of moneys in State Transportation Trust Fund.-
903	(4)  For the 2010-2011 2009-2010 fiscal year only and
904	notwithstanding the provisions of this section and ss. 339.09(1)
905	and 215.32(2)(b)4., funds may be transferred from the State
906	Transportation Trust Fund to the General Revenue Fund as
907	specified in the General Appropriations Act. Notwithstanding ss.
908	206.46(3) and 206.606(2), the total amount transferred shall be
909	reduced from total state revenues deposited into the State
910	Transportation Trust Fund for the calculation requirements of
911	ss. 206.46(3) and 206.606(2). This subsection expires July 1,
912	2011 2010.
913	Section 36.  In order to implement section 46 of the 2010-
914	2011 General Appropriations Act, subsection (11) of section
915	445.009, Florida Statutes is amended to read:
916	445.009  One-stop delivery system.-
917	(11)(a)  A participant in an adult or youth work experience
918	activity administered under this chapter shall be deemed an
919	employee of the state for purposes of workers' compensation
920	coverage. In determining the average weekly wage, all
921	remuneration received from the employer shall be considered a
922	gratuity, and the participant shall not be entitled to any
923	benefits otherwise payable under s. 440.15, regardless of
924	whether the participant may be receiving wages and remuneration
925	from other employment with another employer and regardless of
926	his or her future wage-earning capacity.
927	(b)  This subsection expires July 1, 2011 2010.
928	Section 37.  In order to implement the appropriation of
929	funds in Special Categories-Risk Management Insurance of the
930	2010-2011 General Appropriations Act, and pursuant to the
931	notice, review, and objection procedures of s. 216.177, Florida
932	Statutes, the Executive Office of the Governor is authorized to
933	transfer funds appropriated in the appropriation category
934	"Special Categories-Risk Management Insurance" of the 2010-2011
935	General Appropriations Act between departments in order to align
936	the budget authority granted with the premiums paid by each
937	department for risk management insurance. This section expires
938	July 1, 2011.
939	Section 38.  In order to implement the appropriation of
940	funds in Special Categories-Transfer to Department of Management
941	Services-Human Resources Services Purchased Per Statewide
942	Contract of the 2010-2011 General Appropriations Act, and
943	pursuant to the notice, review, and objection procedures of s.
944	216.177, Florida Statutes, the Executive Office of the Governor
945	is authorized to transfer funds appropriated in the
946	appropriation category "Special Categories-Transfer to
947	Department of Management Services-Human Resources Services
948	Purchased Per Statewide Contract" of the 2010-2011 General
949	Appropriations Act between departments in order to align the
950	budget authority granted with the assessments that must be paid
951	by each agency to the Department of Management Services for
952	human resource management services. This section expires July 1,
953	2011.
954	Section 39.  In order to implement the reduction in each
955	agency's salary and benefit appropriation in the 2010-2011
956	General Appropriations Act, and pursuant to the notice, review,
957	and objection procedures of s. 216.177, Florida Statutes, the
958	Executive Office of the Governor may transfer funds appropriated
959	in the appropriation category "Salaries and Benefits" of the
960	2010-2011 General Appropriations Act between departments in
961	order to align the budget authority granted to each agency with
962	the reductions that must be made by each agency pursuant to the
963	2010-2011 General Appropriations Act. All actions taken pursuant
964	to the authority granted in this section are subject to the
965	review and approval of the Legislative Budget Commission. This
966	section expires July 1, 2011.
967	Section 40.  In order to implement specific appropriations
968	for salaries and benefits in the 2010-2011 General
969	Appropriations Act, the intent of the Legislature is to provide
970	flexibility to agency heads over personnel management to
971	maximize the efficiency and effectiveness of agency operations.
972	The Legislature recognizes that the state is facing a critical
973	fiscal situation unprecedented in the last quarter century.
974	During this time of budgetary shortfall, it is in the best
975	interest of the state to ensure that the state's resources be
976	used in the most efficient and prudent manner, while maintaining
977	the critical missions of the state. Further, the Legislature
978	recognizes that the agency heads are uniquely positioned to
979	determine how to best manage their agency's human resources
980	given the constraints associated with a reduction in the salary
981	and benefit appropriation. Notwithstanding specific provisions
982	of chapters 110, 112, 216, and 447, Florida Statutes, to the
983	contrary, and for the fiscal year 2010-2011 only, agency heads
984	are authorized to terminate or layoff staff, reduce salaries of
985	individual or groups of employees, reclassify positions, and
986	provide retention adjustments or bonuses to high-performing
987	staff. For the purpose of the authority granted by this section,
988	the term "agency head" shall include the term as defined in s.
989	20.055(1)(b), Florida Statutes, and shall also include the Chief
990	Justice of the Supreme Court, the board of trustees of each
991	university, the Board of Trustees of the Florida School for the
992	Deaf and Blind, the executive director of the Justice
993	Administrative Commission, the executive director of the
994	Statewide Guardian Ad Litem Office, each state attorney, each
995	public defender, each capital collateral regional counsel, and
996	each regional counsel. This section expires July 1, 2011.
997	Section 41.  In order to implement specific appropriations
998	for salaries and benefits in the 2010-2011 General
999	Appropriations Act, paragraph (a) of subsection (12) of section
1000	110.123, Florida Statutes, is amended to read:
1001	110.123  State group insurance program.-
1002	(12)  HEALTH SAVINGS ACCOUNTS.-The department is authorized
1003	to establish health savings accounts for full-time and part-time
1004	state employees in association with a health insurance plan
1005	option authorized by the Legislature and conforming to the
1006	requirements and limitations of federal provisions relating to
1007	the Medicare Prescription Drug, Improvement, and Modernization
1008	Act of 2003.
1009	(a)1.  A member participating in this health insurance plan
1010	option shall be eligible to receive an employer contribution
1011	into the employee's health savings account from the State
1012	Employees Health Insurance Trust Fund in an amount to be
1013	determined by the Legislature. A member is not eligible for an
1014	employer contribution upon termination of employment. For the
1015	2010-2011 2009-2010 fiscal year, the state's monthly
1016	contribution for employees having individual coverage shall be
1017	$41.66 and the monthly contribution for employees having family
1018	coverage shall be $83.33.
1019	2.  A member participating in this health insurance plan
1020	option shall be eligible to deposit the member's own funds into
1021	a health savings account.
1022	Section 42.  In order to implement specific appropriations
1023	for salaries and benefits in the 2010-2011 General
1024	Appropriations Act, paragraph (b) of subsection (3) of section
1025	112.24, Florida Statutes, is amended to read:
1026	112.24  Intergovernmental interchange of public employees.-
1027	To encourage economical and effective utilization of public
1028	employees in this state, the temporary assignment of employees
1029	among agencies of government, both state and local, and
1030	including school districts and public institutions of higher
1031	education is authorized under terms and conditions set forth in
1032	this section. State agencies, municipalities, and political
1033	subdivisions are authorized to enter into employee interchange
1034	agreements with other state agencies, the Federal Government,
1035	another state, a municipality, or a political subdivision
1036	including a school district, or with a public institution of
1037	higher education. State agencies are also authorized to enter
1038	into employee interchange agreements with private institutions
1039	of higher education and other nonprofit organizations under the
1040	terms and conditions provided in this section. In addition, the
1041	Governor or the Governor and Cabinet may enter into employee
1042	interchange agreements with a state agency, the Federal
1043	Government, another state, a municipality, or a political
1044	subdivision including a school district, or with a public
1045	institution of higher learning to fill, subject to the
1046	requirements of chapter 20, appointive offices which are within
1047	the executive branch of government and which are filled by
1048	appointment by the Governor or the Governor and Cabinet. Under
1049	no circumstances shall employee interchange agreements be
1050	utilized for the purpose of assigning individuals to participate
1051	in political campaigns. Duties and responsibilities of
1052	interchange employees shall be limited to the mission and goals
1053	of the agencies of government.
1054	(3)  Salary, leave, travel and transportation, and
1055	reimbursements for an employee of a sending party that is
1056	participating in an interchange program shall be handled as
1057	follows:
1058	(b)1.  The assignment of an employee of a state agency
1059	either on detail or on leave of absence may be made without
1060	reimbursement by the receiving party for the travel and
1061	transportation expenses to or from the place of the assignment
1062	or for the pay and benefits, or a part thereof, of the employee
1063	during the assignment.
1064	2.  For the 2010-2011 2009-2010 fiscal year only, the
1065	assignment of an employee of a state agency as provided in
1066	subparagraph 1. may be made if recommended by the Governor or
1067	Chief Justice, as appropriate, and approved by the chairs of the
1068	Senate Policy and Steering Committee on Ways and Means and the
1069	House Full Appropriations Council on Education and Economic
1070	Development General Government and Health Care. Such actions
1071	shall be deemed approved if neither chair provides written
1072	notice of objection within 14 days after the chair's receiving
1073	notice of the action pursuant to s. 216.177. This subparagraph
1074	expires July 1, 2011 2010.
1075	Section 43.  In order to implement the transfer of moneys
1076	to the General Revenue Fund from trust funds in the 2010-2011
1077	General Appropriations Act, paragraph (b) of subsection (2) of
1078	section 215.32, Florida Statutes, is reenacted to read:
1079	215.32  State funds; segregation.-
1080	(2)  The source and use of each of these funds shall be as
1081	follows:
1082	(b)1.  The trust funds shall consist of moneys received by
1083	the state which under law or under trust agreement are
1084	segregated for a purpose authorized by law. The state agency or
1085	branch of state government receiving or collecting such moneys
1086	shall be responsible for their proper expenditure as provided by
1087	law. Upon the request of the state agency or branch of state
1088	government responsible for the administration of the trust fund,
1089	the Chief Financial Officer may establish accounts within the
1090	trust fund at a level considered necessary for proper
1091	accountability. Once an account is established within a trust
1092	fund, the Chief Financial Officer may authorize payment from
1093	that account only upon determining that there is sufficient cash
1094	and releases at the level of the account.
1095	2.  In addition to other trust funds created by law, to the
1096	extent possible, each agency shall use the following trust funds
1097	as described in this subparagraph for day-to-day operations:
1098	a.  Operations or operating trust fund, for use as a
1099	depository for funds to be used for program operations funded by
1100	program revenues, with the exception of administrative
1101	activities when the operations or operating trust fund is a
1102	proprietary fund.
1103	b.  Operations and maintenance trust fund, for use as a
1104	depository for client services funded by third-party payors.
1105	c.  Administrative trust fund, for use as a depository for
1106	funds to be used for management activities that are departmental
1107	in nature and funded by indirect cost earnings and assessments
1108	against trust funds. Proprietary funds are excluded from the
1109	requirement of using an administrative trust fund.
1110	d.  Grants and donations trust fund, for use as a
1111	depository for funds to be used for allowable grant or donor
1112	agreement activities funded by restricted contractual revenue
1113	from private and public nonfederal sources.
1114	e.  Agency working capital trust fund, for use as a
1115	depository for funds to be used pursuant to s. 216.272.
1116	f.  Clearing funds trust fund, for use as a depository for
1117	funds to account for collections pending distribution to lawful
1118	recipients.
1119	g.  Federal grant trust fund, for use as a depository for
1120	funds to be used for allowable grant activities funded by
1121	restricted program revenues from federal sources.
1122
1123	To the extent possible, each agency must adjust its internal
1124	accounting to use existing trust funds consistent with the
1125	requirements of this subparagraph. If an agency does not have
1126	trust funds listed in this subparagraph and cannot make such
1127	adjustment, the agency must recommend the creation of the
1128	necessary trust funds to the Legislature no later than the next
1129	scheduled review of the agency's trust funds pursuant to s.
1130	215.3206.
1131	3.  All such moneys are hereby appropriated to be expended
1132	in accordance with the law or trust agreement under which they
1133	were received, subject always to the provisions of chapter 216
1134	relating to the appropriation of funds and to the applicable
1135	laws relating to the deposit or expenditure of moneys in the
1136	State Treasury.
1137	4.a.  Notwithstanding any provision of law restricting the
1138	use of trust funds to specific purposes, unappropriated cash
1139	balances from selected trust funds may be authorized by the
1140	Legislature for transfer to the Budget Stabilization Fund and
1141	General Revenue Fund in the General Appropriations Act.
1142	b.  This subparagraph does not apply to trust funds
1143	required by federal programs or mandates; trust funds
1144	established for bond covenants, indentures, or resolutions whose
1145	revenues are legally pledged by the state or public body to meet
1146	debt service or other financial requirements of any debt
1147	obligations of the state or any public body; the State
1148	Transportation Trust Fund; the trust fund containing the net
1149	annual proceeds from the Florida Education Lotteries; the
1150	Florida Retirement System Trust Fund; trust funds under the
1151	management of the State Board of Education or the Board of
1152	Governors of the State University System, where such trust funds
1153	are for auxiliary enterprises, self-insurance, and contracts,
1154	grants, and donations, as those terms are defined by general
1155	law; trust funds that serve as clearing funds or accounts for
1156	the Chief Financial Officer or state agencies; trust funds that
1157	account for assets held by the state in a trustee capacity as an
1158	agent or fiduciary for individuals, private organizations, or
1159	other governmental units; and other trust funds authorized by
1160	the State Constitution.
1161	Section 44.  In order to implement the issuance of new debt
1162	authorized in the 2010-2011 General Appropriations Act, and
1163	pursuant to the requirements of s. 215.98, Florida Statutes, the
1164	Legislature determines that the authorization and issuance of
1165	debt for the 2010-2011 fiscal year should be implemented and is
1166	in the best interest of the state and necessary to address a
1167	critical state emergency.
1168	Section 45.  In order to implement the funds appropriated
1169	in the 2010-2011 General Appropriations Act for state employee
1170	travel, the funds appropriated to each state agency, which may
1171	be used for travel by state employees, shall be limited during
1172	the 2010-2011 fiscal year to travel for activities that are
1173	critical to each state agency's mission. Funds may not be used
1174	to pay for travel by state employees to foreign countries, other
1175	states, conferences, staff-training activities, or other
1176	administrative functions unless the agency head has approved in
1177	writing that such activities are critical to the agency's
1178	mission. The agency head must consider the use of
1179	teleconferencing and other forms of electronic communication to
1180	meet the needs of the proposed activity before approving
1181	mission-critical travel. This section does not apply to travel
1182	for law enforcement purposes, military purposes, emergency
1183	management activities, or public health activities. This section
1184	expires July 1, 2011.
1185	Section 46.  A section of this act that implements a
1186	specific appropriation or specifically identified proviso
1187	language in the 2010-2011 General Appropriations Act is void if
1188	the specific appropriation or specifically identified proviso
1189	language is vetoed. A section of this act that implements more
1190	than one specific appropriation or more than one portion of
1191	specifically identified proviso language in the 2010-2011
1192	General Appropriations Act is void if all the specific
1193	appropriations or portions of specifically identified proviso
1194	language are vetoed.
1195	Section 47.  If any other act passed during the 2010
1196	Regular Session contains a provision that is substantively the
1197	same as a provision in this act, but that removes or is
1198	otherwise not subject to the future repeal applied to such
1199	provision by this act, the Legislature intends that the
1200	provision in the other act takes precedence and continues to
1201	operate, notwithstanding the future repeal provided by this act.
1202	Section 48.  If any provision of this act or its
1203	application to any person or circumstance is held invalid, the
1204	invalidity does not affect other provisions or applications of
1205	the act which can be given effect without the invalid provision
1206	or application, and to this end the provisions of this act are
1207	severable.
1208	Section 49.  Except as otherwise expressly provided in this
1209	act and except for this section, which shall take effect June
1210	29, 2010, this act shall take effect July 1, 2010; or, if this
1211	act fails to become a law until after that date, it shall take
1212	effect upon becoming a law and shall operate retroactively to
1213	July 1, 2010.

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