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; providing that
135	the annual salary of the members of the Legislature be
136	reduced by a specified percentage; reenacting s.
137	215.32(2)(b), F.S., relating to the source and use of
138	certain trust funds in order to implement the transfer of
139	moneys in the General Revenue Fund from trust funds in the
140	2010-2011 General Appropriations Act; providing for the
141	authorization and issuance of new debt; limiting the use
142	of travel funds to activities that are critical to an
143	agency's mission; providing exceptions; providing for
144	future expiration of various provisions; providing for
145	reversion of statutory text of certain provisions;
146	providing for the effect of a veto of one or more specific
147	appropriations or proviso to which implementing language
148	refers; providing for the continued operation of certain
149	provisions notwithstanding a future repeal or expiration
150	provided by the act; providing for severability; providing
151	effective dates.
152
153	Be It Enacted by the Legislature of the State of Florida:
154
155	Section 1.  It is the intent of the Legislature that the
156	implementing and administering provisions of this act apply to
157	the General Appropriations Act for the 2010-2011 fiscal year.
158	Section 2.  In order to implement Specific Appropriations
159	6, 7, 8, 78, and 79 of the 2010-2011 General Appropriations Act,
160	the calculations of the Florida Education Finance Program for
161	the 2010-2011 fiscal year in the document entitled "Public
162	School Funding-The Florida Education Finance Program," dated
163	April X, 2010, and filed with the Clerk of the House of
164	Representatives, are incorporated by reference for the purpose
165	of displaying the calculations used by the Legislature,
166	consistent with the requirements of the Florida Statutes, in
167	making appropriations for the Florida Education Finance Program.
168	Section 3.  In order to implement Specific Appropriations
169	17 and 18 of the 2010-2011 General Appropriations Act, paragraph
170	(c) is added to subsection (3) of section 216.292, Florida
171	Statutes, to read:
172	216.292  Appropriations nontransferable; exceptions.-
173	(3)  The following transfers are authorized with the
174	approval of the Executive Office of the Governor for the
175	executive branch or the Chief Justice for the judicial branch,
176	subject to the notice and objection provisions of s. 216.177:
177	(c)  The transfer of appropriations for fixed capital
178	outlay from the Survey Recommended Needs-Public Schools
179	appropriation category to the Maintenance, Repair, Renovation
180	and Remodeling appropriation category. The allocation of
181	transferred funds shall be in accordance with s. 1013.64(1).
182	This paragraph expires July 1, 2011.
183	Section 4.  In order to fulfill legislative intent
184	regarding the use of funds contained in Specific Appropriations
185	639, 651, 663, and 1188 of the 2010-2011 General Appropriations
186	Act, the Department of Corrections and the Department of
187	Juvenile Justice may expend appropriated funds to assist in
188	defraying the costs of impacts that are incurred by a
189	municipality or county and that are associated with opening or
190	operating a facility under the authority of the department. The
191	amount paid for any facility may not exceed 1 percent of the
192	cost to construct the facility, less building impact fees
193	imposed by the municipality or county. This section expires July
194	1, 2011.
195	Section 5.  In order to implement Specific Appropriations
196	629 through 727 and 747 through 781 of the 2010-2011 General
197	Appropriations Act, subsection (4) of section 216.262, Florida
198	Statutes, is amended to read:
199	216.262  Authorized positions.-
200	(4)  Notwithstanding the provisions of this chapter on
201	increasing the number of authorized positions, and for the 2010-
202	2011 2009-2010 fiscal year only, if the actual inmate population
203	of the Department of Corrections exceeds the inmate population
204	projections of the February 19, 2010 April 30, 2009, Criminal
205	Justice Estimating Conference by 1 percent for 2 consecutive
206	months or 2 percent for any month, the Executive Office of the
207	Governor, with the approval of the Legislative Budget
208	Commission, shall immediately notify the Criminal Justice
209	Estimating Conference, which shall convene as soon as possible
210	to revise the estimates. The Department of Corrections may then
211	submit a budget amendment requesting the establishment of
212	positions in excess of the number authorized by the Legislature
213	and additional appropriations from unallocated general revenue
214	sufficient to provide for essential staff, fixed capital
215	improvements, and other resources to provide classification,
216	security, food services, health services, and other variable
217	expenses within the institutions to accommodate the estimated
218	increase in the inmate population. All actions taken pursuant to
219	the authority granted in this subsection shall be subject to
220	review and approval by the Legislative Budget Commission. This
221	subsection expires July 1, 2011 2010.
222	Section 6.  In order to implement Specific Appropriations
223	1306, 1322, 1329, 1349, and 1359 of the 2010-2011 General
224	Appropriations Act, the Department of Legal Affairs is
225	authorized to transfer cash remaining after required
226	disbursements for Attorney General case numbers 16-2008-CA-01-
227	3142CV-C and CACE08022328 from FLAIR account 41-71-2-601001-
228	41100100-00-181076-00 to the Operating Trust Fund to pay
229	salaries and benefits. This section expires July 1, 2011.
230	Section 7.  In order to implement Specific Appropriations
231	1245 and 1251 of the 2010-2011 General Appropriations Act,
232	paragraph (d) of subsection (4) of section 932.7055, Florida
233	Statutes, is amended to read:
234	932.7055  Disposition of liens and forfeited property.-
235	(4)  The proceeds from the sale of forfeited property shall
236	be disbursed in the following priority:
237	(d)  Notwithstanding any other provision of this
238	subsection, and for the 2010-2011 2009-2010 fiscal year only,
239	the funds in a special law enforcement trust fund established by
240	the governing body of a municipality may be expended to
241	reimburse the general fund of the municipality for moneys
242	advanced from the general fund to the special law enforcement
243	trust fund prior to October 1, 2001. This paragraph expires July
244	1, 2011 2010.
245	Section 8.  In order to implement Specific Appropriations
246	324 through 355 of the 2010-2011 General Appropriations Act,
247	paragraphs (b) and (c) of subsection (3) of section 394.908,
248	Florida Statutes, are amended to read:
249	394.908  Substance abuse and mental health funding equity;
250	distribution of appropriations.-In recognition of the historical
251	inequity in the funding of substance abuse and mental health
252	services for the department's districts and regions and to
253	rectify this inequity and provide for equitable funding in the
254	future throughout the state, the following funding process shall
255	be used:
256	(3)
257	(b)  Notwithstanding paragraph (a) and for the 2010-2011
258	2009-2010 fiscal year only, funds appropriated for forensic
259	mental health treatment services shall be allocated to the areas
260	of the state having the greatest demand for services and
261	treatment capacity. This paragraph expires July 1, 2011 2010.
262	(c)  Notwithstanding paragraph (a) and for the 2010-2011
263	2009-2010 fiscal year only, additional funds appropriated for
264	substance abuse and mental health services from funds available
265	through the Community-Based Medicaid Administrative Claiming
266	Program shall be allocated as provided in the 2010-2011 2009-
267	2010 General Appropriations Act and in proportion to contributed
268	provider earnings. This paragraph expires July 1, 2011 2010.
269	Section 9.  In order to implement Specific Appropriation
270	518 of the 2010-2011 General Appropriations Act, subsections
271	(12) through (15) of section 215.5602, Florida Statutes, are
272	amended to read:
273	215.5602  James and Esther King Biomedical Research
274	Program.-
275	(12)(a)  From funds appropriated to accomplish the goals of
276	this section, up to $250,000 shall be available for the
277	operating costs of the Florida Center for Universal Research to
278	Eradicate Disease.
279	(b)(a)  Beginning in the 2009-2010 fiscal year and
280	thereafter, 5 percent of the revenue deposited into the Health
281	Care Trust Fund pursuant to ss. 210.011(9) and 210.276(7) shall
282	be reserved for research of tobacco-related or cancer-related
283	illnesses; however, the sum of the revenue reserved pursuant to
284	ss. 210.011(9) and 210.276(7) may not exceed $50 million in any
285	fiscal year. This paragraph is suspended for the 2010-2011
286	fiscal year.
287	(b)  In the 2009-2010 fiscal year, 2.5 percent, not to
288	exceed $25 million, of the revenue deposited into the Health
289	Care Trust Fund pursuant to this subsection shall be transferred
290	to the Biomedical Research Trust Fund within the Department of
291	Health for the James and Esther King Biomedical Research
292	Program.
293	(13)  By June 1, 2009, the Division of Statutory Revision
294	of the Office of Legislative Services shall certify to the
295	President of the Senate and the Speaker of the House of
296	Representatives the language and statutory citation of this
297	section, which is scheduled to expire January 1, 2011.
298	(14)  The Legislature shall review the performance, the
299	outcomes, and the financial management of the James and Esther
300	King Biomedical Research Program during the 2010 Regular Session
301	of the Legislature and shall determine the most appropriate
302	funding source and means of funding the program based on its
303	review.
304	(13)(15)  This section expires July January 1, 2011, unless
305	reviewed and reenacted by the Legislature before that date.
306	Section 10.  In order to implement Specific Appropriations
307	508 through 526 of the 2010-2011 General Appropriations Act,
308	subsections (5) through (8) of section 381.922, Florida
309	Statutes, are amended to read:
310	381.922  William G. "Bill" Bankhead, Jr., and David Coley
311	Cancer Research Program.-
312	(5)  Funds appropriated for the William G. "Bill" Bankhead,
313	Jr., and David Coley Cancer Research Program shall be
314	distributed pursuant to this section to provide grants to
315	researchers seeking cures for cancer and cancer-related
316	illnesses, with emphasis given to the goals enumerated in s.
317	381.921. From the total funds appropriated, an amount of up to
318	10 percent may be used for administrative expenses. In the 2009-
319	2010 fiscal year, 2.5 percent, not to exceed $25 million, of the
320	revenue deposited into the Health Care Trust Fund pursuant to s.
321	215.5602(12)(a) shall be transferred to the Biomedical Research
322	Trust Fund within the Department of Health for the William G.
323	"Bill" Bankhead, Jr., and David Coley Cancer Research Program.
324	(6)  By June 1, 2009, the Division of Statutory Revision of
325	the Office of Legislative Services shall certify to the
326	President of the Senate and the Speaker of the House of
327	Representatives the language and statutory citation of this
328	section, which is scheduled to expire January 1, 2011.
329	(7)  The Legislature shall review the performance, the
330	outcomes, and the financial management of the William G. "Bill"
331	Bankhead, Jr., and David Coley Cancer Research Program during
332	the 2010 Regular Session of the Legislature and shall determine
333	the most appropriate funding source and means of funding the
334	program based on its review.
335	(6)(8)  This section expires July January 1, 2011, unless
336	reviewed and reenacted by the
337	Section 11.  (1)  In order to implement proviso following
338	Specific Appropriation 486 of the 2010-2011 General
339	Appropriations Act, and for the 2010-2011 fiscal year only,
340	notwithstanding any law to the contrary, a state agency may not
341	adopt or implement a rule or policy that:
342	(a)  Mandates or establishes new nitrogen-reduction limits
343	that apply to existing or new onsite sewage treatment systems;
344	(b)  Has the effect of requiring the use of performance-
345	based treatment systems; or
346	(c)  Increases the cost of treatment for nitrogen reduction
347	from onsite systems,
348
349	before the study and report required in proviso following
350	Specific Appropriation 486 is completed.
351	(2)  This section expires July 1, 2011.
352	Section 12.  In order to implement section 77 of the 2010-
353	2011 General Appropriations Act, the Florida Catastrophic Storm
354	Risk Management Center at Florida State University shall conduct
355	the analysis as originally required in section 164 of chapter
356	2004-390, Laws of Florida. Notwithstanding section 164 of
357	chapter 2004-390, Laws of Florida, the Florida Catastrophic
358	Storm Risk Management Center at Florida State University is
359	directed to use the most recent and available premium data for
360	personal lines property and casualty insurance in completing the
361	analysis.
362	Section 13.  In order to implement Specific Appropriation
363	3055O, subsection (3) of section 218.12, Florida Statutes, is
364	amended to read:
365	218.12  Appropriations to offset reductions in ad valorem
366	tax revenue in fiscally constrained counties.-
367	(3)  In determining the reductions in ad valorem tax
368	revenues occurring as a result of the implementation of the
369	revisions to Art. VII of the State Constitution approved in the
370	special election held on January 29, 2008, the value of
371	assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the
372	State Constitution shall include only the reduction in taxable
373	value for homesteads established January 1, 2010 2009.
374	Section 14.  The amendment to s. 218.12(3), Florida
375	Statutes, by this act shall expire July 1, 2011, and the text of
376	that subsection shall revert to that in existence on June 30,
377	2009, except that any amendments to such text enacted other than
378	by this act shall be preserved and continue to operate to the
379	extent that such amendments are not dependent upon the portions
380	of such text which expire pursuant to this section.
381	Section 15.  In order to implement Specific Appropriation
382	2838 of the 2010-2011 General Appropriations Act, paragraph (b)
383	of subsection (1) of section 255.518, Florida Statutes, is
384	reenacted to read:
385	255.518  Obligations; purpose, terms, approval,
386	limitations.-
387	(1)
388	(b)  Payment of debt service charges on obligations during
389	the construction of any facility financed by such obligations
390	shall be made from funds other than proceeds of obligations.
391	Section 16.  The amendment to s. 255.518(1)(b), Florida
392	Statutes, as carried forward by this act from chapters 2008-153
393	and 2009-82, Laws of Florida, shall expire July 1, 2011, and the
394	text of that paragraph shall revert to that in existence on June
395	30, 2008, except that any amendments to such text enacted other
396	than by this act shall be preserved and continue to operate to
397	the extent that such amendments are not dependent upon the
398	portions of such text which expire pursuant to this section.
399	Section 17.  In order to implement Specific Appropriations
400	2821 through 2835 of the 2010-2011 General Appropriations Act,
401	paragraph (b) of subsection (7) of section 255.503, Florida
402	Statutes, is amended to read:
403	255.503  Powers of the Department of Management Services.-
404	The Department of Management Services shall have all the
405	authority necessary to carry out and effectuate the purposes and
406	provisions of this act, including, but not limited to, the
407	authority to:
408	(7)
409	(b)  No later than the date upon which the department
410	recommends to the Division of State Lands of the Department of
411	Environmental Protection the disposition of any facility within
412	the Florida Facilities Pool, the department shall provide to the
413	President of the Senate, the Speaker of the House of
414	Representatives, the Executive Office of the Governor, and the
415	Division of Bond Finance of the State Board of Administration an
416	analysis that includes:
417	1.  The cost benefit of the proposed facility disposition,
418	including the facility's current operating expenses, condition,
419	and market value, and viable alternatives for work space for
420	impacted state employees.
421	2.  The effect of the proposed facility disposition on the
422	financial status of the Florida Facilities Pool, including the
423	effect on rental rates and coverage requirement for the bonds.
424
425	This paragraph expires July 1, 2011 2010.
426	Section 18.  In order to implement Specific Appropriations
427	2379 through 2401 of the 2010-2011 General Appropriations Act,
428	subsection (14) of section 253.034, Florida Statutes, is amended
429	to read:
430	253.034  State-owned lands; uses.-
431	(14)  Notwithstanding the provisions of this section, funds
432	derived from the sale of property by the Department of Citrus'
433	property Citrus located in Lakeland, Florida, are authorized to
434	be deposited into the Citrus Advertising Trust Fund. This
435	subsection expires July 1, 2011 2010.
436	Section 19.  In order to implement Specific Appropriations
437	1763, 1775A, 1789, and 1790, paragraph (b) of subsection (3) of
438	section 375.041, Florida Statutes, is amended to read:
439	375.041  Land Acquisition Trust Fund.-
440	(3)
441	(b)  In addition to the uses allowed in paragraph (a), for
442	the 2010-2011 2008-2009 fiscal year, moneys in the Land
443	Acquisition Trust Fund are authorized for transfer to the Water
444	Quality Assurance Trust Fund for the Total Maximum Daily Loads
445	Program, the Drinking Water Facility Construction-State
446	Revolving Loan Fund, the Wastewater Facility Treatment
447	Construction-State Revolving Loan Fund, and the Florida Onsite
448	Sewage Reduction Strategies Study Ecosystem Management and
449	Restoration Trust Fund for grants and aids to local governments
450	for water projects as provided in the General Appropriations
451	Act. This paragraph expires July 1, 2011 2009.
452	Section 20.  In order to implement Specific Appropriations
453	1389 and 1692 of the 2010-2011 General Appropriations Act,
454	subsection (12) of section 373.59, Florida Statutes, is amended,
455	and subsection (13) is added to that section, to read:
456	373.59  Water Management Lands Trust Fund.-
457	(12)(a)  Notwithstanding the provisions of subsection (8),
458	and for the 2010-2011 2009-2010 fiscal year only, the moneys
459	from the Water Management Lands Trust Fund shall be allocated as
460	follows:
461	1.(a)  An amount necessary to pay debt service on bonds
462	issued before February 1, 2009, by the South Florida Water
463	Management District and the St. Johns River Water Management
464	District, which are secured by revenues provided pursuant to
465	this section, or to fund debt service reserve funds, rebate
466	obligations, or other amounts payable with respect to such
467	bonds;
468	2.(b)  Eight million dollars to be transferred to the
469	General Revenue Fund; and
470	3.  One million dollars for implementation of environmental
471	restoration and water resource sustainability projects and
472	programs as described in the West Central Florida Water
473	Restoration Action Plan; and
474	4.(c)  The remaining funds to be distributed equally
475	between the Suwannee River Water Management District and the
476	Northwest Florida Water Management District.
477	(b)  Notwithstanding paragraph (a), and for the 2010-2011
478	fiscal year only, the sum of $50,000 from the Water Management
479	Lands Trust Fund shall be transferred to the General Inspection
480	Trust Fund in the Department of Agriculture and Consumer
481	Services for the soil and water conservation districts for
482	support services.
483
484	This subsection expires July 1, 2011 2010.
485	(13)  Notwithstanding subsection (1), for fiscal year 2010-
486	2011 only, moneys in the Water Management Lands Trust Fund may
487	be used for implementation of environmental restoration and
488	water resource sustainability projects and programs as described
489	in the West Central Florida Water Restoration Action Plan. This
490	subsection expires July 1, 2011.
491	Section 21.  In order to implement Specific Appropriation
492	1804 of the 2010-2011 General Appropriations Act, paragraph (c)
493	of subsection (5) of section 376.3071, Florida Statutes, is
494	amended to read:
495	376.3071  Inland Protection Trust Fund; creation; purposes;
496	funding.-
497	(5)  SITE SELECTION AND CLEANUP CRITERIA.-
498	(c)  The department shall require source removal, if
499	warranted and cost-effective, at each site eligible for
500	restoration funding from the Inland Protection Trust Fund.
501	1.  Funding for free product recovery may be provided in
502	advance of the order established by the priority ranking system
503	under paragraph (a) for site cleanup activities. However, a
504	separate prioritization for free product recovery shall be
505	established consistent with paragraph (a). No more than $5
506	million shall be encumbered from the Inland Protection Trust
507	Fund in any fiscal year for free product recovery conducted in
508	advance of the priority order under paragraph (a) established
509	for site cleanup activities.
510	2.  Funding for limited interim soil-source removals for
511	sites that will become inaccessible for future remediation due
512	to road infrastructure and right-of-way restrictions resulting
513	from a pending Department of Transportation road construction
514	project or for secondary containment upgrading of underground
515	storage tanks required under chapter 62-761, Florida
516	Administrative Code, may be provided in advance of the order
517	established by the priority ranking system under paragraph (a)
518	for site cleanup activities. The department shall provide
519	written guidance on the limited source removal information and
520	technical evaluation necessary to justify a request for a
521	limited source removal in advance of the priority order pursuant
522	to paragraph (a) established for site cleanup activities.
523	Prioritization for limited source removal projects associated
524	with a secondary containment upgrade in any fiscal year shall be
525	determined on a first-come, first-served basis according to the
526	approval date issued under s. 376.30711 for the limited source
527	removal. Funding for limited source removals associated with
528	secondary containment upgrades shall be limited to 10 sites in
529	each fiscal year for each facility owner and any related person.
530	The limited source removal for secondary containment upgrades
531	shall be completed no later than 6 months after the department
532	issues its approval of the project, and the approval
533	automatically expires at the end of the 6 months. Funding for
534	Department of Transportation and secondary containment upgrade
535	source removals may not exceed $50,000 for a single facility
536	unless the department makes a determination that it is cost-
537	effective and environmentally beneficial to exceed this amount,
538	but in no event shall the department authorize costs in excess
539	of $100,000 for a single facility. Department funding for
540	limited interim soil-source removals associated with Department
541	of Transportation projects and secondary containment upgrades
542	shall be limited to supplemental soil assessment, soil
543	screening, soil removal, backfill material, treatment or
544	disposal of the contaminated soil, dewatering related to the
545	contaminated soil removal in an amount of up to 10 percent of
546	the total interim soil-source removal project costs, treatment,
547	and disposal of the contaminated groundwater and preparation of
548	the source removal report. No other costs associated with the
549	facility upgrade may be paid with department funds. No more than
550	$1 million for Department of Transportation limited source
551	removal projects and $10 million for secondary containment
552	upgrade limited source removal projects conducted in advance of
553	the priority order established under paragraph (a) for site
554	cleanup activities shall be encumbered from the Inland
555	Protection Trust Fund in any fiscal year. This subparagraph is
556	repealed effective June 30, 2011 2010.
557	3.  Once free product removal and other source removal
558	identified in this paragraph are completed at a site, and
559	notwithstanding the order established by the priority ranking
560	system under paragraph (a) for site cleanup activities, the
561	department may reevaluate the site to determine the degree of
562	active cleanup needed to continue site rehabilitation. Further,
563	the department shall determine if the reevaluated site qualifies
564	for natural attenuation monitoring or no further action. If
565	additional site rehabilitation is necessary to reach no further
566	action status, the site rehabilitation shall be conducted in the
567	order established by the priority ranking system under paragraph
568	(a) and the department is encouraged to utilize natural
569	attenuation and monitoring where site conditions warrant.
570	Section 22.  In order to implement Specific Appropriations
571	1378 through 1538 of the 2010-2011 General Appropriations Act,
572	subsection (2) of section 570.20, Florida Statutes, is amended
573	to read:
574	570.20  General Inspection Trust Fund.-
575	(2)  For the 2010-2011 2009-2010 fiscal year only and
576	notwithstanding any other provision of law to the contrary, in
577	addition to the spending authorized in subsection (1), moneys in
578	the General Inspection Trust Fund may be appropriated for
579	programs operated by the department which are related to the
580	programs authorized by this chapter. This subsection expires
581	July 1, 2011 2010.
582	Section 23.  In order to implement Specific Appropriation
583	1833 of the 2010-2011 General Appropriations Act, subsection (7)
584	of section 403.7095, Florida Statutes, is amended to read:
585	403.7095  Solid waste management grant program.-
586	(7)  Notwithstanding any provision of this section to the
587	contrary, and for the 2010-2011 2009-2010 fiscal year only, the
588	Department of Environmental Protection shall award the sum of
589	$2,600,000 in grants equally to counties having populations of
590	fewer than 100,000 for waste tire and litter prevention,
591	recycling education, and general solid waste programs. This
592	subsection expires July 1, 2011 2010.
593	Section 24.  In order to implement Specific Appropriation
594	1490 of the 2010-2011 General Appropriations Act and to provide
595	consistency and continuity in the promotion of agriculture
596	throughout the state, notwithstanding s. 287.057, Florida
597	Statutes, the Department of Agriculture and Consumer Services,
598	at its discretion, may extend, revise, and renew current
599	contracts or agreements created or entered into pursuant to
600	chapter 2006-25, Laws of Florida. This section expires July 1,
601	2011.
602	Section 25.  In order to implement Specific Appropriation
603	2125 of the 2010-2011 General Appropriations Act, subsection (5)
604	of section 339.135, Florida Statutes, is amended to read:
605	339.135  Work program; legislative budget request;
606	definitions; preparation, adoption, execution, and amendment.-
607	(5)  ADOPTION OF THE WORK PROGRAM.-
608	(a)  The original approved budget for operational and fixed
609	capital expenditures for the department shall be the Governor's
610	budget recommendation and the first year of the tentative work
611	program, as both are amended by the General Appropriations Act
612	and any other act containing appropriations. In accordance with
613	the appropriations act, the department shall, prior to the
614	beginning of the fiscal year, adopt a final work program which
615	shall only include the original approved budget for the
616	department for the ensuing fiscal year together with any roll
617	forwards approved pursuant to paragraph (6)(c) and the portion
618	of the tentative work program for the following 4 fiscal years
619	revised in accordance with the original approved budget for the
620	department for the ensuing fiscal year together with said roll
621	forwards. The adopted work program may include only those
622	projects submitted as part of the tentative work program
623	developed under the provisions of subsection (4) plus any
624	projects which are separately identified by specific
625	appropriation in the General Appropriations Act and any roll
626	forwards approved pursuant to paragraph (6)(c). However, any
627	transportation project of the department which is identified by
628	specific appropriation in the General Appropriations Act shall
629	be deducted from the funds annually distributed to the
630	respective district pursuant to paragraph (4)(a). In addition,
631	the department shall not in any year include any project or
632	allocate funds to a program in the adopted work program that is
633	contrary to existing law for that particular year. Projects
634	shall not be undertaken unless they are listed in the adopted
635	work program.
636	(b)  Notwithstanding paragraph (a), and for the 2010-2011
637	2009-2010 fiscal year only, the Department of Transportation
638	shall transfer funds to the Office of Tourism, Trade, and
639	Economic Development in an amount equal to $20,300,000 for the
640	purpose of funding transportation-related needs of economic
641	development projects. This transfer shall not reduce, delete, or
642	defer any existing projects funded, as of July 1, 2009, in the
643	Department of Transportation's 5-year work program. This
644	paragraph expires July 1, 2011 2010.
645	Section 26.  In order to implement Specific Appropriation
646	2219 of the 2010-2011 General Appropriations Act, and
647	notwithstanding the expiration date contained in section 1 of
648	chapter 2010-1, Laws of Florida, operating retroactive to
649	February 27, 2010, section 443.1117, Florida Statutes, as
650	amended by section 1 of chapter 2010-1, Laws of Florida, is
651	revived, reenacted, and amended to read:
652	443.1117  Temporary extended benefits.-
653	(1)  APPLICABILITY OF EXTENDED BENEFITS STATUTE.-Except
654	when the result is inconsistent with the other provisions of
655	this section, the provisions of s. 443.1115 (2), (3), (4), (6),
656	and (7) apply to all claims covered by this section.
657	(2)  DEFINITIONS.-For the purposes of this section, the
658	term:
659	(a)  "Regular benefits" and "extended benefits" have the
660	same meaning as in s. 443.1115.
661	(b)  "Eligibility period" means the period consisting of
662	the weeks in an individual's benefit year or emergency benefit
663	period which begin in an extended benefit period and, if the
664	benefit year or emergency benefit period ends within that
665	extended benefit period, any subsequent weeks beginning in that
666	period.
667	(c)  "Emergency benefits" means Emergency Unemployment
668	Compensation paid pursuant to Pub. L. No. 110-252, Pub. L. No.
669	110-449, Pub. L. No. 111-5, Pub. L. No. 111-92, and Pub. L. No.
670	111-118, and Pub. L. No. 111-144.
671	(d)  "Extended benefit period" means a period that:
672	1.  Begins with the third week after a week for which there
673	is a state "on" indicator; and
674	2.  Ends with any of the following weeks, whichever occurs
675	later:
676	a.  The third week after the first week for which there is
677	a state "off" indicator;
678	b.  The 13th consecutive week of that period.
679
680	However, an extended benefit period may not begin by reason of a
681	state "on" indicator before the 14th week after the end of a
682	prior extended benefit period that was in effect for this state.
683	(e)  "Emergency benefit period" means the period during
684	which an individual receives emergency benefits as defined in
685	paragraph (c).
686	(f)  "Exhaustee" means an individual who, for any week of
687	unemployment in her or his eligibility period:
688	1.  Has received, before that week, all of the regular
689	benefits and emergency benefits, if any, available under this
690	chapter or any other law, including dependents' allowances and
691	benefits payable to federal civilian employees and ex-
692	servicemembers under 5 U.S.C. ss. 8501-8525, in the current
693	benefit year or emergency benefit period that includes that
694	week. For the purposes of this subparagraph, an individual has
695	received all of the regular benefits and emergency benefits, if
696	any, available although, as a result of a pending appeal for
697	wages paid for insured work which were not considered in the
698	original monetary determination in the benefit year, she or he
699	may subsequently be determined to be entitled to added regular
700	benefits;
701	2.  Had a benefit year which expired before that week, and
702	was paid no, or insufficient, wages for insured work on the
703	basis of which she or he could establish a new benefit year that
704	includes that week; and
705	3.a.  Has no right to unemployment benefits or allowances
706	under the Railroad Unemployment Insurance Act or other federal
707	laws as specified in regulations issued by the United States
708	Secretary of Labor; and
709	b.  Has not received and is not seeking unemployment
710	benefits under the unemployment compensation law of Canada; but
711	if an individual is seeking those benefits and the appropriate
712	agency finally determines that she or he is not entitled to
713	benefits under that law, she or he is considered an exhaustee.
714	(g)  "State 'on' indicator" means, with respect to weeks of
715	unemployment beginning on or after February 1, 2009, and ending
716	on or before March 13, 2010 January 30, 2010, the occurrence of
717	a week in which the average total unemployment rate, seasonally
718	adjusted, as determined by the United States Secretary of Labor,
719	for the period consisting of the most recent 3 months for which
720	data for all states are published by the United States
721	Department of Labor:
722	1.  Equals or exceeds 110 percent of the average of those
723	rates for the corresponding 3-month period ending in each of the
724	preceding 2 calendar years; and
725	2.  Equals or exceeds 6.5 percent.
726	(h)  "High unemployment period" means, with respect to
727	weeks of unemployment beginning on or after February 1, 2009,
728	and ending on or before March 13, 2010 January 30, 2010, any
729	week in which the average total unemployment rate, seasonally
730	adjusted, as determined by the United States Secretary of Labor,
731	for the period consisting of the most recent 3 months for which
732	data for all states are published by the United States
733	Department of Labor:
734	1.  Equals or exceeds 110 percent of the average of those
735	rates for the corresponding 3-month period ending in each of the
736	preceding 2 calendar years; and
737	2.  Equals or exceeds 8 percent.
738	(i)  "State 'off' indicator" means the occurrence of a week
739	in which there is no state "on" indicator or which does not
740	constitute a high unemployment period.
741	(3)  TOTAL EXTENDED BENEFIT AMOUNT.-Except as provided in
742	subsection (4):
743	(a)  For any week for which there is an "on" indicator
744	pursuant to paragraph (2)(g), the total extended benefit amount
745	payable to an eligible individual for her or his applicable
746	benefit year is the lesser of:
747	1.  Fifty percent of the total regular benefits payable
748	under this chapter in the applicable benefit year; or
749	2.  Thirteen times the weekly benefit amount payable under
750	this chapter for a week of total unemployment in the applicable
751	benefit year.
752	(b)  For any high unemployment period as defined in
753	paragraph (2)(h), the total extended benefit amount payable to
754	an eligible individual for her or his applicable benefit year is
755	the lesser of:
756	1.  Eighty percent of the total regular benefits payable
757	under this chapter in the applicable benefit year; or
758	2.  Twenty times the weekly benefit amount payable under
759	this chapter for a week of total unemployment in the applicable
760	benefit year.
761	(4)  EFFECT ON TRADE READJUSTMENT.-Notwithstanding any
762	other provision of this chapter, if the benefit year of an
763	individual ends within an extended benefit period, the number of
764	weeks of extended benefits the individual is entitled to receive
765	in that extended benefit period for weeks of unemployment
766	beginning after the end of the benefit year, except as provided
767	in this section, is reduced, but not to below zero, by the
768	number of weeks for which the individual received, within that
769	benefit year, trade readjustment allowances under the Trade Act
770	of 1974, as amended.
771	(5)  EXPIRATION.-This section expires April 5, 2010, unless
772	reviewed and reenacted by the Legislature before that date.
773	Section 27.  The provisions of s. 443.1117, Florida
774	Statutes, as revived, reenacted, and amended by this act, apply
775	only to claims for weeks of unemployment in which an exhaustee
776	establishes entitlement to extended benefits pursuant to that
777	section which are established for the period between February
778	22, 2009, and April 5, 2010.
779	Section 28.  The Legislature finds that the amendments made
780	by this act to s. 443.1117, Florida Statutes, fulfill an
781	important state interest.
782	Section 29.  In order to implement Specific Appropriation
783	2672 and section 56 of the 2010-2011 General Appropriations Act,
784	funds appropriated out of the Economic Development
785	Transportation Trust Fund may be used for economic development
786	infrastructure projects and other economic development projects;
787	for improvements to other launch complexes and space
788	transportation facilities in order to attract new space vehicle
789	testing and launch business to the state; for addressing
790	intermodal requirements and impacts of the launch ranges,
791	spaceports, and other space transportation facilities; for
792	advancing aerospace technology to meet the current and future
793	needs of the United States commercial space transportation
794	industry; and for assisting in the development of joint-use
795	facilities and technology that support aviation and aerospace
796	operations, including high altitude and suborbital flights and
797	range technology development.
798	Section 30.  In order to implement sections 2 through 7 of
799	the 2010-2011 General Appropriations Act, subsection (5) of
800	section 216.292, Florida Statutes, is amended to read:
801	216.292  Appropriations nontransferable; exceptions.-
802	(5)(a)  A transfer of funds may not result in the
803	initiation of a fixed capital outlay project that has not
804	received a specific legislative appropriation.
805	(b)  Notwithstanding paragraph (a), and for the 2010-2011
806	2009-2010 fiscal year only, the Governor may recommend the
807	initiation of fixed capital outlay projects funded by grants
808	awarded by the Federal Government through the American Recovery
809	and Reinvestment Act of 2009 or by any other federal economic
810	stimulus grant funding received. All actions taken pursuant to
811	the authority granted in the paragraph are subject to review and
812	approval by the Legislative Budget Commission. This paragraph
813	expires July 1, 2011 2010.
814	Section 31.  In order to implement sections 2 through 7 of
815	the 2010-2011 General Appropriations Act, the Executive Office
816	of the Governor is authorized to transfer funds appropriated for
817	the American Recovery and Reinvestment Act of 2009 (ARRA) in
818	traditional appropriation categories in the 2010-2011 General
819	Appropriations Act to appropriation categories established for
820	the specific purpose of tracking funds appropriated for the
821	ARRA.
822	Section 32.  In order to implement Specific Appropriation
823	2665 of the 2010-2011 General Appropriations Act, paragraphs (c)
824	and (d) of subsection (4) of section 288.1254, Florida Statutes,
825	are reenacted to read:
826	288.1254  Entertainment industry financial incentive
827	program.-
828	(4)  PRIORITY FOR INCENTIVE FUNDING; WITHDRAWAL OF
829	ELIGIBILITY; QUEUES.-
830	(c)  Independent Florida filmmaker queue.-Ten percent of
831	incentive funding appropriated in any state fiscal year must be
832	dedicated to the independent Florida filmmaker queue. If there
833	are no qualified applications in the queue, any funding in the
834	queue shall be made available to a qualified project in the
835	digital media projects queue. A production certified under this
836	queue is eligible for a reimbursement equal to 15 percent of its
837	actual qualified expenditures. An independent Florida film that
838	meets the criteria of this queue and demonstrates a minimum of
839	$100,000, but not more than $625,000, in total qualified
840	expenditures is eligible for incentive funding. To qualify for
841	this queue, a qualified production must:
842	1.  Be planned as a feature film or documentary of no less
843	than 70 minutes in length.
844	2.  Provide evidence of 50 percent of the financing for its
845	total budget in an escrow account or other form dedicated to the
846	production.
847	3.  Do all major postproduction in this state.
848	4.  Employ Florida workers in at least six of the following
849	key positions: writer, director, producer, director of
850	photography, star or one of the lead actors, unit production
851	manager, editor, or production designer. As used in this
852	subparagraph, the term "Florida worker" means a person who has
853	been a resident of this state for at least 1 year before a
854	production's application under subsection (3) was submitted or a
855	person who graduated from a film school, college, university, or
856	community college in this state no more than 5 years before such
857	submittal or who is enrolled full-time in such a school,
858	college, or university.
859	(d)  Digital media projects queue.-Five percent of
860	incentive funding appropriated in any state fiscal year shall be
861	dedicated to the digital media projects queue. A production
862	certified under this queue is eligible for a reimbursement equal
863	to 10 percent of its actual qualified expenditures. A qualified
864	production that is a digital media project that demonstrates a
865	minimum of $300,000 in total qualified expenditures is eligible
866	for a maximum of $1 million in incentive funding. As used in
867	this paragraph, the term "qualified expenditures" means the
868	wages or salaries paid to a resident of this state for working
869	on a single qualified digital media project, up to a maximum of
870	$200,000 in wages or salaries paid per resident. A qualified
871	production company producing digital media projects may not
872	qualify for more than three projects in any 1 fiscal year.
873	Projects that extend beyond a fiscal year must reapply each
874	fiscal year in order to be eligible for incentive funding for
875	that year.
876	Section 33.  The amendment to s. 288.1254(4)(c) and (d),
877	Florida Statutes, as carried forward by this act from chapter
878	2009-82, Laws of Florida, shall expire July 1, 2011, and the
879	text of those paragraphs shall revert to that in existence on
880	June 30, 2009, except that any amendments to such text enacted
881	other than by this act shall be preserved and continue to
882	operate to the extent that such amendments are not dependent
883	upon the portions of such text which expire pursuant to this
884	section.
885	Section 34.  In order to implement section 59 of the 2010-
886	2011 General Appropriations Act, paragraph (n) of subsection (1)
887	of section 339.08, Florida Statutes, is amended to read:
888	339.08  Use of moneys in State Transportation Trust Fund.-
889	(1)  The department shall expend moneys in the State
890	Transportation Trust Fund accruing to the department, in
891	accordance with its annual budget. The use of such moneys shall
892	be restricted to the following purposes:
893	(n)  To pay administrative expenses incurred in accordance
894	with applicable laws for a multicounty transportation or
895	expressway authority created under chapter 343 or chapter 348,
896	where jurisdiction for the authority includes a portion of the
897	State Highway System and the administrative expenses are in
898	furtherance of the duties and responsibilities of the authority
899	in the development of improvements to the State Highway System.
900	This paragraph expires July 1, 2011 2010.
901	Section 35.  In order to implement section 83 of the 2010-
902	2011 General Appropriations Act, subsection (4) of section
903	339.08, Florida Statutes, is amended to read:
904	339.08  Use of moneys in State Transportation Trust Fund.-
905	(4)  For the 2010-2011 2009-2010 fiscal year only and
906	notwithstanding the provisions of this section and ss. 339.09(1)
907	and 215.32(2)(b)4., funds may be transferred from the State
908	Transportation Trust Fund to the General Revenue Fund as
909	specified in the General Appropriations Act. Notwithstanding ss.
910	206.46(3) and 206.606(2), the total amount transferred shall be
911	reduced from total state revenues deposited into the State
912	Transportation Trust Fund for the calculation requirements of
913	ss. 206.46(3) and 206.606(2). This subsection expires July 1,
914	2011 2010.
915	Section 36.  In order to implement section 46 of the 2010-
916	2011 General Appropriations Act, subsection (11) of section
917	445.009, Florida Statutes is amended to read:
918	445.009  One-stop delivery system.-
919	(11)(a)  A participant in an adult or youth work experience
920	activity administered under this chapter shall be deemed an
921	employee of the state for purposes of workers' compensation
922	coverage. In determining the average weekly wage, all
923	remuneration received from the employer shall be considered a
924	gratuity, and the participant shall not be entitled to any
925	benefits otherwise payable under s. 440.15, regardless of
926	whether the participant may be receiving wages and remuneration
927	from other employment with another employer and regardless of
928	his or her future wage-earning capacity.
929	(b)  This subsection expires July 1, 2011 2010.
930	Section 37.  In order to implement the appropriation of
931	funds in Special Categories-Risk Management Insurance of the
932	2010-2011 General Appropriations Act, and pursuant to the
933	notice, review, and objection procedures of s. 216.177, Florida
934	Statutes, the Executive Office of the Governor is authorized to
935	transfer funds appropriated in the appropriation category
936	"Special Categories-Risk Management Insurance" of the 2010-2011
937	General Appropriations Act between departments in order to align
938	the budget authority granted with the premiums paid by each
939	department for risk management insurance. This section expires
940	July 1, 2011.
941	Section 38.  In order to implement the appropriation of
942	funds in Special Categories-Transfer to Department of Management
943	Services-Human Resources Services Purchased Per Statewide
944	Contract of the 2010-2011 General Appropriations Act, and
945	pursuant to the notice, review, and objection procedures of s.
946	216.177, Florida Statutes, the Executive Office of the Governor
947	is authorized to transfer funds appropriated in the
948	appropriation category "Special Categories-Transfer to
949	Department of Management Services-Human Resources Services
950	Purchased Per Statewide Contract" of the 2010-2011 General
951	Appropriations Act between departments in order to align the
952	budget authority granted with the assessments that must be paid
953	by each agency to the Department of Management Services for
954	human resource management services. This section expires July 1,
955	2011.
956	Section 39.  In order to implement the reduction in each
957	agency's salary and benefit appropriation in the 2010-2011
958	General Appropriations Act, and pursuant to the notice, review,
959	and objection procedures of s. 216.177, Florida Statutes, the
960	Executive Office of the Governor may transfer funds appropriated
961	in the appropriation category "Salaries and Benefits" of the
962	2010-2011 General Appropriations Act between departments in
963	order to align the budget authority granted to each agency with
964	the reductions that must be made by each agency pursuant to the
965	2010-2011 General Appropriations Act. All actions taken pursuant
966	to the authority granted in this section are subject to the
967	review and approval of the Legislative Budget Commission. This
968	section expires July 1, 2011.
969	Section 40.  In order to implement specific appropriations
970	for salaries and benefits in the 2010-2011 General
971	Appropriations Act, the intent of the Legislature is to provide
972	flexibility to agency heads over personnel management to
973	maximize the efficiency and effectiveness of agency operations.
974	The Legislature recognizes that the state is facing a critical
975	fiscal situation unprecedented in the last quarter century.
976	During this time of budgetary shortfall, it is in the best
977	interest of the state to ensure that the state's resources be
978	used in the most efficient and prudent manner, while maintaining
979	the critical missions of the state. Further, the Legislature
980	recognizes that the agency heads are uniquely positioned to
981	determine how to best manage their agency's human resources
982	given the constraints associated with a reduction in the salary
983	and benefit appropriation. Notwithstanding specific provisions
984	of chapters 110, 112, 216, and 447, Florida Statutes, to the
985	contrary, and for the fiscal year 2010-2011 only, agency heads
986	are authorized to terminate or layoff staff, reduce salaries of
987	individual or groups of employees, reclassify positions, and
988	provide retention adjustments or bonuses to high-performing
989	staff. For the purpose of the authority granted by this section,
990	the term "agency head" shall include the term as defined in s.
991	20.055(1)(b), Florida Statutes, and shall also include the Chief
992	Justice of the Supreme Court, the board of trustees of each
993	university, the Board of Trustees of the Florida School for the
994	Deaf and Blind, the executive director of the Justice
995	Administrative Commission, the executive director of the
996	Statewide Guardian Ad Litem Office, each state attorney, each
997	public defender, each capital collateral regional counsel, and
998	each regional counsel. This section expires July 1, 2011.
999	Section 41.  In order to implement specific appropriations
1000	for salaries and benefits in the 2010-2011 General
1001	Appropriations Act, paragraph (a) of subsection (12) of section
1002	110.123, Florida Statutes, is amended to read:
1003	110.123  State group insurance program.-
1004	(12)  HEALTH SAVINGS ACCOUNTS.-The department is authorized
1005	to establish health savings accounts for full-time and part-time
1006	state employees in association with a health insurance plan
1007	option authorized by the Legislature and conforming to the
1008	requirements and limitations of federal provisions relating to
1009	the Medicare Prescription Drug, Improvement, and Modernization
1010	Act of 2003.
1011	(a)1.  A member participating in this health insurance plan
1012	option shall be eligible to receive an employer contribution
1013	into the employee's health savings account from the State
1014	Employees Health Insurance Trust Fund in an amount to be
1015	determined by the Legislature. A member is not eligible for an
1016	employer contribution upon termination of employment. For the
1017	2010-2011 2009-2010 fiscal year, the state's monthly
1018	contribution for employees having individual coverage shall be
1019	$41.66 and the monthly contribution for employees having family
1020	coverage shall be $83.33.
1021	2.  A member participating in this health insurance plan
1022	option shall be eligible to deposit the member's own funds into
1023	a health savings account.
1024	Section 42.  In order to implement specific appropriations
1025	for salaries and benefits in the 2010-2011 General
1026	Appropriations Act, paragraph (b) of subsection (3) of section
1027	112.24, Florida Statutes, is amended to read:
1028	112.24  Intergovernmental interchange of public employees.-
1029	To encourage economical and effective utilization of public
1030	employees in this state, the temporary assignment of employees
1031	among agencies of government, both state and local, and
1032	including school districts and public institutions of higher
1033	education is authorized under terms and conditions set forth in
1034	this section. State agencies, municipalities, and political
1035	subdivisions are authorized to enter into employee interchange
1036	agreements with other state agencies, the Federal Government,
1037	another state, a municipality, or a political subdivision
1038	including a school district, or with a public institution of
1039	higher education. State agencies are also authorized to enter
1040	into employee interchange agreements with private institutions
1041	of higher education and other nonprofit organizations under the
1042	terms and conditions provided in this section. In addition, the
1043	Governor or the Governor and Cabinet may enter into employee
1044	interchange agreements with a state agency, the Federal
1045	Government, another state, a municipality, or a political
1046	subdivision including a school district, or with a public
1047	institution of higher learning to fill, subject to the
1048	requirements of chapter 20, appointive offices which are within
1049	the executive branch of government and which are filled by
1050	appointment by the Governor or the Governor and Cabinet. Under
1051	no circumstances shall employee interchange agreements be
1052	utilized for the purpose of assigning individuals to participate
1053	in political campaigns. Duties and responsibilities of
1054	interchange employees shall be limited to the mission and goals
1055	of the agencies of government.
1056	(3)  Salary, leave, travel and transportation, and
1057	reimbursements for an employee of a sending party that is
1058	participating in an interchange program shall be handled as
1059	follows:
1060	(b)1.  The assignment of an employee of a state agency
1061	either on detail or on leave of absence may be made without
1062	reimbursement by the receiving party for the travel and
1063	transportation expenses to or from the place of the assignment
1064	or for the pay and benefits, or a part thereof, of the employee
1065	during the assignment.
1066	2.  For the 2010-2011 2009-2010 fiscal year only, the
1067	assignment of an employee of a state agency as provided in
1068	subparagraph 1. may be made if recommended by the Governor or
1069	Chief Justice, as appropriate, and approved by the chairs of the
1070	Senate Policy and Steering Committee on Ways and Means and the
1071	House Full Appropriations Council on Education and Economic
1072	Development General Government and Health Care. Such actions
1073	shall be deemed approved if neither chair provides written
1074	notice of objection within 14 days after the chair's receiving
1075	notice of the action pursuant to s. 216.177. This subparagraph
1076	expires July 1, 2011 2010.
1077	Section 43.  In order to implement Specific Appropriations
1078	2768 and 2769 of the 2010-2011 General Appropriations Act:
1079	(1)  Notwithstanding the provisions of s. 11.13(1), Florida
1080	Statutes, relating to the annual adjustment of salaries for
1081	members of the Legislature, to the contrary, for the 2010-2011
1082	fiscal year only, the authorized salaries of members in effect
1083	on June 30, 2010, shall be reduced by 3 percent.
1084	(2)  Effective June 30, 2011, the annual salaries of
1085	members of the Legislature shall be set at the amounts
1086	authorized and in effect on June 30, 2010, pursuant to
1087	subsection (2) of section 48 of chapter 2009-82, Laws of
1088	Florida.
1089	(3)  This section expires July 1, 2011.
1090	Section 44.  In order to implement the transfer of moneys
1091	to the General Revenue Fund from trust funds in the 2010-2011
1092	General Appropriations Act, paragraph (b) of subsection (2) of
1093	section 215.32, Florida Statutes, is reenacted to read:
1094	215.32  State funds; segregation.-
1095	(2)  The source and use of each of these funds shall be as
1096	follows:
1097	(b)1.  The trust funds shall consist of moneys received by
1098	the state which under law or under trust agreement are
1099	segregated for a purpose authorized by law. The state agency or
1100	branch of state government receiving or collecting such moneys
1101	shall be responsible for their proper expenditure as provided by
1102	law. Upon the request of the state agency or branch of state
1103	government responsible for the administration of the trust fund,
1104	the Chief Financial Officer may establish accounts within the
1105	trust fund at a level considered necessary for proper
1106	accountability. Once an account is established within a trust
1107	fund, the Chief Financial Officer may authorize payment from
1108	that account only upon determining that there is sufficient cash
1109	and releases at the level of the account.
1110	2.  In addition to other trust funds created by law, to the
1111	extent possible, each agency shall use the following trust funds
1112	as described in this subparagraph for day-to-day operations:
1113	a.  Operations or operating trust fund, for use as a
1114	depository for funds to be used for program operations funded by
1115	program revenues, with the exception of administrative
1116	activities when the operations or operating trust fund is a
1117	proprietary fund.
1118	b.  Operations and maintenance trust fund, for use as a
1119	depository for client services funded by third-party payors.
1120	c.  Administrative trust fund, for use as a depository for
1121	funds to be used for management activities that are departmental
1122	in nature and funded by indirect cost earnings and assessments
1123	against trust funds. Proprietary funds are excluded from the
1124	requirement of using an administrative trust fund.
1125	d.  Grants and donations trust fund, for use as a
1126	depository for funds to be used for allowable grant or donor
1127	agreement activities funded by restricted contractual revenue
1128	from private and public nonfederal sources.
1129	e.  Agency working capital trust fund, for use as a
1130	depository for funds to be used pursuant to s. 216.272.
1131	f.  Clearing funds trust fund, for use as a depository for
1132	funds to account for collections pending distribution to lawful
1133	recipients.
1134	g.  Federal grant trust fund, for use as a depository for
1135	funds to be used for allowable grant activities funded by
1136	restricted program revenues from federal sources.
1137
1138	To the extent possible, each agency must adjust its internal
1139	accounting to use existing trust funds consistent with the
1140	requirements of this subparagraph. If an agency does not have
1141	trust funds listed in this subparagraph and cannot make such
1142	adjustment, the agency must recommend the creation of the
1143	necessary trust funds to the Legislature no later than the next
1144	scheduled review of the agency's trust funds pursuant to s.
1145	215.3206.
1146	3.  All such moneys are hereby appropriated to be expended
1147	in accordance with the law or trust agreement under which they
1148	were received, subject always to the provisions of chapter 216
1149	relating to the appropriation of funds and to the applicable
1150	laws relating to the deposit or expenditure of moneys in the
1151	State Treasury.
1152	4.a.  Notwithstanding any provision of law restricting the
1153	use of trust funds to specific purposes, unappropriated cash
1154	balances from selected trust funds may be authorized by the
1155	Legislature for transfer to the Budget Stabilization Fund and
1156	General Revenue Fund in the General Appropriations Act.
1157	b.  This subparagraph does not apply to trust funds
1158	required by federal programs or mandates; trust funds
1159	established for bond covenants, indentures, or resolutions whose
1160	revenues are legally pledged by the state or public body to meet
1161	debt service or other financial requirements of any debt
1162	obligations of the state or any public body; the State
1163	Transportation Trust Fund; the trust fund containing the net
1164	annual proceeds from the Florida Education Lotteries; the
1165	Florida Retirement System Trust Fund; trust funds under the
1166	management of the State Board of Education or the Board of
1167	Governors of the State University System, where such trust funds
1168	are for auxiliary enterprises, self-insurance, and contracts,
1169	grants, and donations, as those terms are defined by general
1170	law; trust funds that serve as clearing funds or accounts for
1171	the Chief Financial Officer or state agencies; trust funds that
1172	account for assets held by the state in a trustee capacity as an
1173	agent or fiduciary for individuals, private organizations, or
1174	other governmental units; and other trust funds authorized by
1175	the State Constitution.
1176	Section 45.  In order to implement the issuance of new debt
1177	authorized in the 2010-2011 General Appropriations Act, and
1178	pursuant to the requirements of s. 215.98, Florida Statutes, the
1179	Legislature determines that the authorization and issuance of
1180	debt for the 2010-2011 fiscal year should be implemented and is
1181	in the best interest of the state and necessary to address a
1182	critical state emergency.
1183	Section 46.  In order to implement the funds appropriated
1184	in the 2010-2011 General Appropriations Act for state employee
1185	travel, the funds appropriated to each state agency, which may
1186	be used for travel by state employees, shall be limited during
1187	the 2010-2011 fiscal year to travel for activities that are
1188	critical to each state agency's mission. Funds may not be used
1189	to pay for travel by state employees to foreign countries, other
1190	states, conferences, staff-training activities, or other
1191	administrative functions unless the agency head has approved in
1192	writing that such activities are critical to the agency's
1193	mission. The agency head must consider the use of
1194	teleconferencing and other forms of electronic communication to
1195	meet the needs of the proposed activity before approving
1196	mission-critical travel. This section does not apply to travel
1197	for law enforcement purposes, military purposes, emergency
1198	management activities, or public health activities. This section
1199	expires July 1, 2011.
1200	Section 47.  A section of this act that implements a
1201	specific appropriation or specifically identified proviso
1202	language in the 2010-2011 General Appropriations Act is void if
1203	the specific appropriation or specifically identified proviso
1204	language is vetoed. A section of this act that implements more
1205	than one specific appropriation or more than one portion of
1206	specifically identified proviso language in the 2010-2011
1207	General Appropriations Act is void if all the specific
1208	appropriations or portions of specifically identified proviso
1209	language are vetoed.
1210	Section 48.  If any other act passed during the 2010
1211	Regular Session contains a provision that is substantively the
1212	same as a provision in this act, but that removes or is
1213	otherwise not subject to the future repeal applied to such
1214	provision by this act, the Legislature intends that the
1215	provision in the other act takes precedence and continues to
1216	operate, notwithstanding the future repeal provided by this act.
1217	Section 49.  If any provision of this act or its
1218	application to any person or circumstance is held invalid, the
1219	invalidity does not affect other provisions or applications of
1220	the act which can be given effect without the invalid provision
1221	or application, and to this end the provisions of this act are
1222	severable.
1223	Section 50.  Except as otherwise expressly provided in this
1224	act and except for this section, which shall take effect June
1225	29, 2010, this act shall take effect July 1, 2010; or, if this
1226	act fails to become a law until after that date, it shall take
1227	effect upon becoming a law and shall operate retroactively to
1228	July 1, 2010.

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