Florida Senate - 2011 CONFERENCE COMMITTEE AMENDMENT
Bill No. SB 2002, 1st Eng.
Barcode 182684
LEGISLATIVE ACTION
Senate . House
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Floor: AD/CR .
05/06/2011 11:21 PM .
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The Conference Committee on SB 2002, 1st Eng. recommended the
following:
1 Senate Conference Committee Amendment (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. It is the intent of the Legislature that the
7 implementing and administering provisions of this act apply to
8 the General Appropriations Act for the 2011-2012 fiscal year.
9 Section 2. In order to implement Specific Appropriations 6,
10 7, 8, 68, and 69 of the 2011-2012 General Appropriations Act,
11 the calculations of the Florida Education Finance Program for
12 the 2011-2012 fiscal year in the document entitled “Public
13 School Funding-The Florida Education Finance Program,” dated May
14 3, 2011, and filed with the Secretary of the Senate, are
15 incorporated by reference for the purpose of displaying the
16 calculations used by the Legislature, consistent with the
17 requirements of the Florida Statutes, in making appropriations
18 for the Florida Education Finance Program.
19 Section 3. In order to implement Specific Appropriations
20 15A and 15B of the 2011-2012 General Appropriations Act,
21 paragraph (c) of subsection (3) of section 216.292, Florida
22 Statutes, is amended to read:
23 216.292 Appropriations nontransferable; exceptions.—
24 (3) The following transfers are authorized with the
25 approval of the Executive Office of the Governor for the
26 executive branch or the Chief Justice for the judicial branch,
27 subject to the notice and objection provisions of s. 216.177:
28 (c) The transfer of appropriations for fixed capital outlay
29 from the Survey Recommended Needs-Public Schools appropriation
30 category to the Maintenance, Repair, Renovation and Remodeling
31 appropriation category. The allocation of transferred funds must
32 shall be in accordance with s. 1013.62 1013.64(1). This
33 paragraph expires July 1, 2012 2011.
34 Section 4. Notwithstanding ss. 440.50 and 1010.87, Florida
35 Statutes, for the 2011-2012 fiscal year, funds provided in
36 Specific Appropriation 98 of the 2011-2012 General
37 Appropriations Act from the Workers’ Compensation Administration
38 Trust Fund shall be used for the Ready to Work Program created
39 under s. 1004.99, Florida Statutes. This section expires July 1,
40 2012.
41 Section 5. In order to implement Specific Appropriation 119
42 of the 2011-2012 General Appropriations Act and notwithstanding
43 any other law, for the 2011-2012 fiscal year only, a university
44 board of trustees may expend reserve or carry-forward balances
45 from prior year operational and programmatic appropriations for
46 legislatively approved fixed capital outlay projects authorized
47 for the establishment of a new campus.
48 Section 6. In order to implement Specific Appropriations
49 310 through 339 of the 2011-2012 General Appropriations Act,
50 paragraphs (b) and (c) of subsection (3) of section 394.908,
51 Florida Statutes, are amended to read:
52 394.908 Substance abuse and mental health funding equity;
53 distribution of appropriations.—In recognition of the historical
54 inequity in the funding of substance abuse and mental health
55 services for the department’s districts and regions and to
56 rectify this inequity and provide for equitable funding in the
57 future throughout the state, the following funding process shall
58 be used:
59 (3)
60 (b) Notwithstanding paragraph (a) and for the 2011-2012
61 2010-2011 fiscal year only, funds appropriated for forensic
62 mental health treatment services shall be allocated to the areas
63 of the state having the greatest demand for services and
64 treatment capacity. This paragraph expires July 1, 2012 2011.
65 (c) Notwithstanding paragraph (a) and for the 2011-2012
66 2010-2011 fiscal year only, additional funds appropriated for
67 substance abuse and mental health services from funds available
68 through the Community-Based Medicaid Administrative Claiming
69 Program shall be allocated as provided in the 2010-2011 General
70 Appropriations Act and in proportion to contributed provider
71 earnings. This paragraph expires July 1, 2012 2011.
72 Section 7. In order to implement Specific Appropriation 465
73 of the 2011-2012 General Appropriations Act, and for the 2011
74 2012 fiscal year only, the following requirements govern the
75 completion of Phase 2 and Phase 3 of the Department of Health’s
76 Florida Onsite Sewage Nitrogen Reduction Strategies Study:
77 (1) The Department of Health’s underlying contract for the
78 study remains in full force and effect and funding for
79 completion of Phase 2 and Phase 3 is through the Department of
80 Health.
81 (2) The Department of Health, the Department of Health’s
82 Research Review and Advisory Committee, and the Department of
83 Environmental Protection shall work together to provide the
84 necessary technical oversight of the completion of Phase 2 and
85 Phase 3 of the project.
86 (3) Management and oversight of the completion of Phase 2
87 and Phase 3 must be consistent with the terms of the existing
88 contract. However, the main focus and priority to be completed
89 during Phase 3 shall be developing, testing, and recommending
90 cost-effective passive technology design criteria for nitrogen
91 reduction.
92 (4) The systems installed at homesites are experimental in
93 nature and shall be installed with significant field testing and
94 monitoring. The Department of Health is specifically authorized
95 to allow installation of these experimental systems.
96 Notwithstanding any other law, before Phase 3 of the study is
97 completed, a state agency may not adopt or implement a rule or
98 policy that:
99 (a) Mandates, establishes, or implements more restrictive
100 nitrogen-reduction standards to existing or new onsite sewage
101 treatment systems or modification of such systems; or
102 (b) Directly or indirectly requires the use of performance
103 based treatment systems or similar technology, such as through
104 an administrative order developed by the Department of
105 Environmental Protection as part of a basin management action
106 plan adopted pursuant to s. 403.067, Florida Statutes. However,
107 the implementation of more restrictive nitrogen-reduction
108 standards for onsite systems may be required through a basin
109 management action plan if such plan is phased in after
110 completion of Phase 3.
111 Section 8. Effective June 29, 2011, in order to implement
112 Specific Appropriations 259 through 357 of the 2011-2012 General
113 Appropriations Act, subsection (3) of section 1 of chapter 2007
114 174, Laws of Florida, is amended to read:
115 Section 1. Flexibility for the Department of Children and
116 Family Services.—
117 (3) This section expires July 1, 2012 June 30, 2008.
118 Section 9. In order to implement Specific Appropriations
119 171 and 177 through 179 and 182 of the 2011-2012 General
120 Appropriations Act, the calculations of the Medicaid Low-Income
121 Pool, Disproportionate Share Hospital, and Hospital Exemptions
122 Programs for the 2011-2012 fiscal year in the document entitled
123 “Medicaid Supplemental Hospital Funding Programs” dated May 3,
124 2011, and filed with the Secretary of the Senate, are
125 incorporated by reference for the purpose of displaying the
126 calculations used by the Legislature, consistent with the
127 requirements of the Florida Statutes, in making appropriations
128 for the Low-Income Pool, Disproportionate Share Hospital, and
129 Hospital Exemptions Programs.
130 Section 10. In order to implement Specific Appropriation
131 536 of the 2011-2012 General Appropriations Act, notwithstanding
132 s. 216.177, Florida Statutes, requiring only 3 days’ notice to
133 the Legislature for the release of funds, budget amendments
134 recommending the release of funds must be provided at least 14
135 days before the effective date of the action and are subject to
136 the objection procedures in s. 216.177(2)(b), Florida Statutes.
137 Section 11. In order to implement Specific Appropriation
138 177 of the 2011-2012 General Appropriations Act, and for the
139 2011-2012 fiscal year only, the third and tenth paragraph of
140 proviso following the appropriation is repealed and replaced
141 with:
142 Funds in Specific Appropriation 177 reflect a
143 reduction of $173,477,299 from the General Revenue
144 Fund, $220,252,391 from the Medical Care Trust Fund,
145 and $1,199,158 from the Refugee Assistance Trust Fund
146 as a result of modifying the reimbursement for
147 inpatient hospital rates. The agency shall implement a
148 recurring methodology in the Title XIX Inpatient
149 Hospital Reimbursement Plan to achieve this reduction.
150 In establishing rates through the normal process,
151 before including this reduction, if the unit cost is
152 equal to or less than the unit cost used in
153 establishing the budget, then no additional reduction
154 in rates is necessary; however, if the unit cost is
155 greater than the unit cost used in establishing the
156 budget, then rates shall be reduced by an amount
157 required to achieve this reduction, but may not be
158 reduced below the unit cost used in establishing the
159 budget. Hospitals that are licensed as a children’s
160 specialty hospital and whose Medicaid days plus
161 charity care days divided by total adjusted patient
162 days equals or exceeds 30 percent and rural hospitals,
163 as defined in s. 395.602, Florida Statutes, are
164 excluded from this reduction.
165
166 From the funds in Specific Appropriation 177,
167 $239,417,562 from the Grants and Donations Trust Fund
168 and $303,972,274 from the Medical Care Trust Fund are
169 provided for public hospitals, including any leased
170 public hospital determined to be covered under the
171 state’s sovereign immunity; teaching hospitals, as
172 defined in s. 408.07 or s. 395.805, Florida Statutes,
173 which have 70 or more full-time equivalent resident
174 physicians; hospitals that have graduate medical
175 education positions that do not otherwise qualify; and
176 designated trauma hospitals to buy back the Medicaid
177 inpatient trend adjustment applied to their individual
178 hospital rates and other Medicaid reductions to their
179 inpatient rates up to actual Medicaid inpatient cost.
180 The payments under this proviso are contingent on the
181 state share being provided through grants and
182 donations from state, county, or other governmental
183 funds. This section of proviso does not include the
184 buy back of the Medicaid inpatient trend adjustment
185 applied to the individual state mental health
186 hospitals.
187
188 Section 12. In order to implement Specific Appropriation
189 182 of the 2011-2012 General Appropriations Act, and for the
190 2011-2012 fiscal year only, the second paragraph of proviso
191 following the appropriation is repealed and replaced with:
192
193 Funds in Specific Appropriation 182 reflect a
194 reduction of $43,572,721 from the General Revenue
195 Fund, $55,321,338 from the Medical Care Trust Fund,
196 and $151,174 from the Refugee Assistance Trust Fund as
197 a result of implementing a reduction in outpatient
198 hospital reimbursement rates. The agency shall
199 implement a recurring methodology in the Title XIX
200 Outpatient Hospital Reimbursement Plan to achieve this
201 reduction. In establishing rates through the normal
202 process, prior to including this reduction, if the
203 unit cost is equal to or less than the unit cost used
204 in establishing the budget, then no additional
205 reduction in rates is necessary. In establishing rates
206 through the normal process, prior to including this
207 reduction, if the unit cost is greater than the unit
208 cost used in establishing the budget, then rates shall
209 be reduced by an amount required to achieve this
210 reduction, but shall not be reduced below the unit
211 cost used in establishing the budget. Hospitals that
212 are licensed as a children’s specialty hospital and
213 whose Medicaid days plus charity care days divided by
214 total adjusted patient days equals or exceeds 30
215 percent and rural hospitals as defined in s. 395.602,
216 Florida Statutes, are excluded from this reduction.
217
218 Section 13. In order to implement Specific Appropriations
219 459 through 469 of the 2011-2012 General Appropriations Act,
220 before the implementation of the onsite sewage treatment and
221 disposal system evaluation program described in s.
222 381.0065(5)(a), Florida Statutes, the Department of Health shall
223 submit a plan for approval by the Legislative Budget Commission
224 which includes an estimate of agency workload and funding needs.
225 The department may not expend funds in furtherance of the
226 evaluation program before the plan is approved by the
227 commission.
228 Section 14. In order to fulfill legislative intent
229 regarding the use of funds contained in Specific Appropriations
230 605, 616, 628, and 1135 of the 2011-2012 General Appropriations
231 Act, the Department of Corrections and the Department of
232 Juvenile Justice may expend appropriated funds to assist in
233 defraying costs that are incurred by a municipality or county
234 and are associated with opening or operating a facility under
235 the authority of the respective department. The amount paid for
236 any facility may not exceed 1 percent of the cost to construct
237 the facility, less building impact fees imposed by the
238 municipality or county. This section expires July 1, 2012.
239 Section 15. In order to implement Specific Appropriations
240 570 through 688A and 726 through 759 of the 2011-2012 General
241 Appropriations Act, subsection (4) of section 216.262, Florida
242 Statutes, is amended to read:
243 216.262 Authorized positions.—
244 (4) Notwithstanding the provisions of this chapter relating
245 to on increasing the number of authorized positions, and for the
246 2011-2012 2010-2011 fiscal year only, if the actual inmate
247 population of the Department of Corrections exceeds the inmate
248 population projections of the February 21, 2011 19, 2010,
249 Criminal Justice Estimating Conference by 1 percent for 2
250 consecutive months or 2 percent for any month, the Executive
251 Office of the Governor, with the approval of the Legislative
252 Budget Commission, shall immediately notify the Criminal Justice
253 Estimating Conference, which shall convene as soon as possible
254 to revise the estimates. The Department of Corrections may then
255 submit a budget amendment requesting the establishment of
256 positions in excess of the number authorized by the Legislature
257 and additional appropriations from unallocated general revenue
258 sufficient to provide for essential staff, fixed capital
259 improvements, and other resources to provide classification,
260 security, food services, health services, and other variable
261 expenses within the institutions to accommodate the estimated
262 increase in the inmate population. All actions taken pursuant to
263 the authority granted in this subsection are shall be subject to
264 review and approval by the Legislative Budget Commission. This
265 subsection expires July 1, 2012 2011.
266 Section 16. In order to implement Specific Appropriations
267 1253, 1267, 1274, 1295, and 1305 of the 2011-2012 General
268 Appropriations Act, the Department of Legal Affairs may transfer
269 cash remaining after required disbursements for Attorney General
270 case numbers 09-CV-51614, 16-2008-CA-01-3142CV-C, and
271 CACE08022328 from FLAIR account 41-74-2-601001-41100100-00
272 181076-00 to the Operating Trust Fund to pay salaries and
273 benefits. This section expires July 1, 2012.
274 Section 17. In order to implement Specific Appropriations
275 1289 and 1290 of the 2011-2012 General Appropriations Act, the
276 Department of Legal Affairs may expend appropriated funds in
277 those specific appropriations on the same programs that were
278 funded by the department pursuant to specific appropriations
279 made in general appropriations acts in prior years. This section
280 expires July 1, 2012.
281 Section 18. In order to implement Specific Appropriations
282 1192 and 1198 of the 2011-2012 General Appropriations Act,
283 paragraph (d) of subsection (4) of section 932.7055, Florida
284 Statutes, is amended to read:
285 932.7055 Disposition of liens and forfeited property.—
286 (4) The proceeds from the sale of forfeited property shall
287 be disbursed in the following priority:
288 (d) Notwithstanding any other provision of this subsection,
289 and for the 2011-2012 2010-2011 fiscal year only, the funds in a
290 special law enforcement trust fund established by the governing
291 body of a municipality may be expended to reimburse the general
292 fund of the municipality for moneys advanced from the general
293 fund to the special law enforcement trust fund before prior to
294 October 1, 2001. This paragraph expires July 1, 2012 2011.
295 Section 19. (1) In order to implement Specific
296 Appropriations 1069, 1070, 1074, 1075, 1115, 1116, 1120, 1121,
297 1123, 1126, 1127, 1130, 1131, 1132, 1141, and 1146 of the 2011
298 2012 General Appropriations Act, the Department of Juvenile
299 Justice must comply with the following reimbursement
300 limitations:
301 (a) Payments to a hospital or a health care provider may
302 not exceed 110 percent of the Medicare allowable rate for any
303 health care services provided if no contract exists between the
304 department and the hospital or the health care provider
305 providing services at a hospital;
306 (b) The department may continue to make payments for health
307 care services at the currently contracted rates through the
308 current term of the contract if a contract has been executed
309 between the department and a hospital or a health care provider
310 providing services to a hospital; however, payments may not
311 exceed 110 percent of the Medicare allowable rate after the
312 current term of the contract expires or after the contract is
313 renewed during the 2011-2012 fiscal year;
314 (c) Payments may not exceed 110 percent of the Medicare
315 allowable rate under a contract executed on or after July 1,
316 2011, between the department and a hospital or health care
317 provider providing services at a hospital;
318 (d) Notwithstanding paragraphs (a), (b), and (c), the
319 department may pay up to 125 percent of the Medicare allowable
320 rate for health care services at a hospital that reports or has
321 reported a negative operating margin for the previous fiscal
322 year to the Agency for Health Care Administration through
323 hospital-audited financial data; and
324 (e) The department may not execute a contract for health
325 care services at a hospital for rates other than rates based on
326 a percentage of the Medicare allowable rate.
327 (2) For purposes of this section, the term “hospital” means
328 a hospital licensed under chapter 395, Florida Statutes.
329 (3) This section expires July 1, 2012.
330 Section 20. In order to implement section 7 of the 2011
331 2012 General Appropriations Act, and notwithstanding s. 215.18,
332 Florida Statutes, the state court system is relieved of loan
333 repayment obligations for loans made from the Mediation and
334 Arbitration Trust Fund and the Court Education Trust Fund to the
335 state court system during the 2010-2011 fiscal year. This
336 section is effective upon this act becoming a law.
337 Section 21. In order to implement Section 7 of the 2011
338 2012 General Appropriations Act, section 215.18, Florida
339 Statutes, is amended to read:
340 215.18 Transfers between funds; limitation.—
341 (1) Whenever there is a deficiency exists in any fund
342 provided for by s. 215.32 a deficiency which would render such
343 fund insufficient to meet its just requirements, and there shall
344 exist in the other funds in the State Treasury have moneys which
345 are for the time being or otherwise in excess of the amounts
346 necessary to meet the just requirements of such last-mentioned
347 funds, the Governor may order a temporary transfer of moneys
348 from one fund to another in order to meet temporary deficiencies
349 in a particular fund without resorting to the necessity of
350 borrowing money and paying interest thereon. Any action proposed
351 under this section is subject to the notice and objection
352 procedures set forth in s. 216.177, and the Governor shall
353 provide notice of such action at least 7 days before prior to
354 the effective date of the transfer of funds. Except as otherwise
355 provided in s. 216.222(1)(a)2., the fund from which any money is
356 temporarily transferred must shall be repaid the amount
357 transferred from it by not later than the end of the fiscal year
358 in which such transfer is made, the date of repayment to be
359 specified in the order of the Governor.
360 (2) The Chief Justice of the Supreme Court may receive one
361 or more trust fund loans of up to $54 million in total, the
362 purpose of which is to ensure that the state court system has
363 funds sufficient to meet its appropriations in the 2011-2012
364 General Appropriations Act. If the Chief Justice accesses the
365 loan, he or she must notify the Governor and the chairs of the
366 legislative appropriations committees in writing. The loan must
367 come from other funds in the State Treasury which are for the
368 time being or otherwise in excess of the amounts necessary to
369 meet the just requirements of such last-mentioned funds. The
370 Governor shall order the transfer of funds within 5 days after
371 the written notification from the Chief Justice. If the Governor
372 does not order the transfer, the Chief Financial Officer shall
373 transfer the requested funds. The loan of funds from which any
374 money is temporarily transferred must be repaid by the end of
375 the 2011-2012 fiscal year. This subsection expires July 1, 2012.
376 Section 22. In order to implement Specific Appropriation
377 791 of the 2011-2012 General Appropriations Act, and not
378 withstanding s. 28.2455, Florida Statutes, any funds remaining
379 in the Clerks of Court Trust Fund may not be transferred to the
380 General Revenue Fund and remain available to the clerks of court
381 for expenditures during the 2011-2012 fiscal year. This section
382 shall take effect upon becoming a law and expires July 1, 2012.
383 Section 23. In order to implement section 7 of the 2011
384 2012 General Appropriations Act, paragraph (c) of subsection (4)
385 of section 29.008, Florida Statutes, is amended to read:
386 29.008 County funding of court-related functions.—
387 (4)
388 (c) Counties are exempt from all requirements and
389 provisions of paragraph (a) for the 2011-2012 2010-2011 fiscal
390 year. Accordingly, for the 2011-2012 2010-2011 fiscal year,
391 counties shall maintain, but are not required to increase, their
392 expenditures for the items specified in paragraphs (1)(a)-(h)
393 and subsection (3). The requirements described in paragraph (a)
394 shall be reinstated beginning with the 2012-2013 2011-2012
395 fiscal year. This paragraph expires July 1, 2012 2011.
396 Section 24. In order to implement Specific Appropriation
397 2701A of the 2011-2012 General Appropriation Act, subsection (3)
398 of section 282.709, Florida Statutes, is amended to read:
399 282.709 State agency law enforcement radio system and
400 interoperability network.—
401 (3)(a) The State Agency Law Enforcement Radio System Trust
402 Fund is established in the department and funded from surcharges
403 collected under ss. 318.18, 320.0802, and 328.72. Upon
404 appropriation, moneys in the trust fund may be used by the
405 department to acquire by competitive procurement the equipment,
406 software, and engineering, administrative, and maintenance
407 services it needs to construct, operate, and maintain the
408 statewide radio system. Moneys in the trust fund from collected
409 as a result of the surcharges set forth in ss. 318.18, 320.0802,
410 and 328.72 shall be used to help fund the costs of the system.
411 Upon completion of the system, moneys in the trust fund may also
412 be used by the department for payment of the recurring
413 maintenance costs of the system.
414 (b) Funds from the State Agency Law Enforcement Radio
415 System Trust Fund may be used by the department to fund mutual
416 aid buildout maintenance and sustainment as appropriated by law.
417 This paragraph expires July 1, 2012.
418 Section 25. In order to implement Specific Appropriation
419 2341A of the 2011-2012 General Appropriations Act, the Florida
420 Catastrophic Storm Risk Management Center at Florida State
421 University shall conduct the analysis as originally required in
422 s. 164 of chapter 2004-390, Laws of Florida. Notwithstanding
423 that section, the center shall use the most recent and available
424 premium data for personal lines property and casualty insurance
425 in completing the analysis.
426 Section 26. In order to implement Specific Appropriations
427 2574 through 2584 of the 2011-2012 General Appropriations Act,
428 the Department of Management Services shall use interest
429 earnings of the Communications Working Capital Trust Fund as the
430 funding source for its responsibilities for the administration
431 of the MyFlorida.com portal.
432 Section 27. In order to implement Specific Appropriations
433 2173 through 2195 of the 2011-2012 General Appropriations Act,
434 subsection (13) of section 253.034, Florida Statutes, as amended
435 by chapter 2010-280, Laws of Florida, is amended to read:
436 253.034 State-owned lands; uses.—
437 (13) Notwithstanding the provisions of this section, funds
438 derived from the sale of the Department of Citrus’ property
439 located in Lakeland, Florida, shall are authorized to be
440 deposited into the Citrus Advertising Trust Fund. This
441 subsection expires July 1, 2012 2011.
442 Section 28. In order to implement Specific Appropriations
443 2173 through 2195 of the 2011-2012 General Appropriations Act,
444 paragraph (a) of subsection (3) of section 601.15, Florida
445 Statutes, is amended to read:
446 601.15 Advertising campaign; methods of conducting; excise
447 tax; emergency reserve fund; citrus research.—
448 (3)(a) There is hereby levied and imposed upon each
449 standard-packed box of citrus fruit grown and placed into the
450 primary channel of trade in this state an excise tax at maximum
451 annual rates for each citrus season as determined from the
452 tables in this paragraph and based upon the previous season’s
453 actual statewide production as reported in the United States
454 Department of Agriculture Citrus Crop Production Forecast as of
455 June 1. The rates may be set at any lower rate in any year
456 pursuant to paragraph (e).
457 1. The following maximum tax rates, expressed in cents per
458 box, shall apply to grapefruit which enters the primary channel
459 of trade for use in fresh form:
460 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
461
462 80 andgreater 33 34 35 36 37
463 75-79.99 35 36 37 38 39
464 70-74.99 37 38 39 41 42
465 65-69.99 40 41 42 44 45
466 60-64.99 43 44 46 47 49
467 55-59.99 47 48 50 51 53
468 50-54.99 51 53 55 56 58
469 45-49.99 57 59 60 62 64
470 40-44.99 63 65 67 69 71
471 Less than 40 72 74 76 79 81
472 However, effective July 1, 2011, the tax rate per box on
473 grapefruit that enters the primary channel of trade for use in
474 fresh form may not exceed the tax rate per box in effect on May
475 1, 2011.
476 2. The following maximum tax rates, expressed in cents per
477 box, shall apply to grapefruit which enters the primary channel
478 of trade for use in processed forms:
479 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
480
481 80 andgreater 23 24 25 25 26
482 75-79.99 25 25 26 27 28
483 70-74.99 26 27 28 29 30
484 65-69.99 28 29 30 31 32
485 60-64.99 31 32 32 33 34
486 55-59.99 33 34 35 36 37
487 50-54.99 36 38 39 40 41
488 45-49.99 40 41 43 44 45
489 40-44.99 45 46 48 49 51
490 Less than 40 51 53 54 56 57
491 However, effective July 1, 2011, the tax rate per box on
492 grapefruit that enters the primary channel of trade for use in
493 processed forms may not exceed the tax rate per box in effect on
494 May 1, 2011.
495 3. The following maximum tax rates, expressed in cents per
496 box, shall apply to oranges which enter the primary channel of
497 trade for use in fresh form:
498 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
499
500 255 andgreater 23 24 25 26 26
501 245-254.9 24 25 26 27 27
502 235-244.9 25 26 27 28 28
503 225-234.9 26 27 28 29 30
504 215-224.9 28 28 29 30 31
505 205-214.9 29 30 31 32 33
506 195-204.9 30 31 32 33 34
507 185-194.9 32 33 34 35 36
508 175-184.9 34 35 36 37 38
509 165-174.9 36 37 38 39 40
510 155-164.9 38 39 40 41 43
511 Less than 155 41 42 43 44 46
512 However, effective July 1, 2011, the tax rate per box on oranges
513 that enter the primary channel of trade for use in fresh form
514 may not exceed the tax rate per box in effect on May 1, 2011.
515 4. The following maximum tax rates, expressed in cents per
516 box, shall apply to oranges which enter the primary channel of
517 trade for use in processed form:
518 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
519
520 255 andgreater 15 16 16 17 17
521 245-254.9 16 16 17 17 18
522 235-244.9 17 17 18 18 19
523 225-234.9 17 18 18 19 19
524 215-224.9 18 19 19 20 20
525 205-214.9 19 20 20 21 21
526 195-204.9 20 21 21 22 22
527 185-194.9 21 22 22 23 24
528 175-184.9 22 23 23 24 25
529 165-174.9 23 24 25 26 26
530 155-164.9 25 26 26 27 28
531 Less than 155 27 27 28 29 30
532 However, effective July 1, 2011, the tax rate per box on oranges
533 that enter the primary channel of trade for use in processed
534 form may not exceed 25 cents per box.
535 5. The actual tax rate levied each year upon oranges which
536 enter the primary channel of trade for use in processed form,
537 pursuant to this paragraph, paragraph (e), and subsection (4),
538 shall also apply in that year to tangerines and citrus hybrids
539 regulated by the Department of Citrus which enter the primary
540 channel of trade for use in processed form.
541 6. The following maximum tax rates, expressed in cents per
542 box, shall apply to tangerines and citrus hybrids regulated by
543 the Department of Citrus which enter the primary channel of
544 trade for use in fresh form:
545 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
546
547 13 andgreater 24 24 25 26 27
548 12 - 12.99 26 26 27 28 29
549 11 - 11.99 28 29 30 30 31
550 10 - 10.99 31 31 32 33 34
551 9 - 9.99 34 35 36 37 38
552 8 - 8.99 38 39 40 41 42
553 7 - 7.99 43 44 45 47 48
554 Less than 7 49 51 52 54 56
555 However, effective July 1, 2011, the tax rate per box on
556 tangerines and citrus hybrids regulated by the Department of
557 Citrus which enter the primary channel of trade for use in fresh
558 form may not exceed the tax rate per box in effect on May 1,
559 2011.
560 Section. 29. The amendment to s. 601.15(3)(a), Florida
561 Statutes, shall expire July 1, 2012, and the text of that
562 subsection shall revert to that in existence on June 30, 2010,
563 except that any amendments to such text enacted other than by
564 this act shall be preserved and continue to operate to the
565 extent that such amendments are not dependent upon the portions
566 of text which expire pursuant to this section.
567 Section 30. Effective upon become this act becoming a law
568 and in order to implement Specific Appropriations 2173 through
569 2195 of the 2011-2012 General Appropriations Act, subsection (3)
570 of section 601.10, Florida Statutes, is amended to read:
571 601.10 Powers of the Department of Citrus.—The Department
572 of Citrus shall have and shall exercise such general and
573 specific powers as are delegated to it by this chapter and other
574 statutes of the state, which powers shall include, but shall not
575 be confined to, the following:
576 (3) To employ and, at its pleasure, discharge an executive
577 director, a secretary, and such attorneys, clerks, and employees
578 as it deems necessary and to outline his or her their powers and
579 duties and fix his or her their compensation.
580 (a) The executive director of the department shall be
581 appointed by a majority vote of the commission for a term of 4
582 years, except for the initial term, and is subject to
583 confirmation by the Senate in the legislative session following
584 appointment.
585 1. The initial term of the executive director ends June 30,
586 2011, and each subsequent 4-year term begins July 1, and shall
587 be filled in the same manner as the original appointment.
588 2. A vacancy for the executive director shall be filled for
589 the unexpired portion of the term in the same manner as the
590 original appointment.
591 (b) The Department of Citrus may pay, or participate in the
592 payment of, premiums for health, accident, and life insurance
593 for its full-time employees, pursuant to such rules or
594 regulations as it may adopt; and such payments are shall be in
595 addition to the regular salaries of such full-time employees.
596 The payment of such or similar benefits to its employees in
597 foreign countries, including, but not limited to, social
598 security, retirement, and other similar fringe benefit costs,
599 may be in accordance with laws in effect in the country of
600 employment, except that no benefits will be payable to employees
601 not authorized for other state employees, as provided in the
602 Career Service System.
603 Section 31. The amendment to s. 601.10(3), Florida
604 Statutes, shall expire July 1, 2012, and the text of that
605 subsection shall revert to that in existence on June 30, 2010,
606 except that any amendments to such text enacted other than by
607 this act shall be preserved and continue to operate to the
608 extent that such amendments are not dependent upon the portions
609 of text which expire pursuant to this section.
610 Section 32. In order to implement Specific Appropriation
611 1648A of the 2011-2012 General Appropriations Act, paragraph (b)
612 of subsection (3) of section 375.041, Florida Statutes, is
613 amended to read:
614 375.041 Land Acquisition Trust Fund.—
615 (3)
616 (b) In addition to the uses allowed under in paragraph (a),
617 for the 2011-2012 2010-2011 fiscal year, moneys in the Land
618 Acquisition Trust Fund are authorized for transfer to support
619 the Total Maximum Daily Loads Program Clean Water State
620 Revolving Fund, the Drinking Water State Revolving Fund, the
621 Total Maximum Daily Loads programs, and the Marine Spatial
622 Planning programs as provided in the General Appropriations Act.
623 This paragraph expires July 1, 2012 2011.
624 Section 33. In order to implement Specific Appropriation
625 1580A of the 2011-2012 General Appropriations Act, subsection
626 (12) of section 373.59, Florida Statutes, is amended to read:
627 373.59 Water Management Lands Trust Fund.—
628 (12) Notwithstanding subsection (8), and for the 2011-2012
629 2010-2011 fiscal year only, the moneys from the Water Management
630 Lands Trust Fund are shall be allocated as follows:
631 (a) An amount necessary to pay debt service on bonds issued
632 before February 1, 2009, by the South Florida Water Management
633 District and the St. Johns River Water Management District,
634 which are secured by revenues provided pursuant to this section,
635 or to fund debt service reserve funds, rebate obligations, or
636 other amounts payable with respect to such bonds;
637 (b) Eight million dollars to be transferred to the General
638 Revenue Fund; and
639 (c) The remaining funds to be distributed to equally
640 between the Suwannee River Water Management District, of which
641 $500,000 may be used for minimum flows and levels. and the
642 Northwest Florida Water Management District; and
643 (d) For the 2010-2011 fiscal year only, the sum of $50,000
644 from the Water Management Lands Trust Fund shall be transferred
645 to the General Inspection Trust Fund in the Department of
646 Agriculture and Consumer Services for the soil and water
647 conservation districts for support services.
648
649 This subsection expires July 1, 2012 2011.
650 Section 34. In order to implement Specific Appropriations
651 1649 through 1651, 1653, and section 34 of the 2011-2012 General
652 Appropriations Act, paragraph (g) of subsection (1) of section
653 403.1651, Florida Statutes, is reenacted to read:
654 403.1651 Ecosystem Management and Restoration Trust Fund.—
655 (1) There is created the Ecosystem Management and
656 Restoration Trust Fund to be administered by the Department of
657 Environmental Protection for the purposes of:
658 (g) Funding activities to preserve and repair the state’s
659 beaches as provided in ss. 161.091-161.212.
660 Section 35. The amendment to s. 403.1651(1)(g), Florida
661 Statutes, as carried forward by this act from chapter 2010-153,
662 Laws of Florida, shall expire July 1, 2012, and the text of that
663 subsection shall revert to that in existence on June 30, 2009,
664 except that any amendments to such text enacted other than by
665 this act shall be preserved and continue to operate to the
666 extent that such amendments are not dependent upon the portions
667 of text which expire pursuant to this section.
668 Section 36. In order to implement Specific Appropriations
669 1324 through 1475 of the 2011-2012 General Appropriations Act,
670 subsection (2) of section 570.20, Florida Statutes, is amended
671 to read:
672 570.20 General Inspection Trust Fund.—
673 (2) For the 2011-2012 2010-2011 fiscal year only and
674 notwithstanding any other provision of law to the contrary, in
675 addition to the spending authorized in subsection (1), moneys in
676 the General Inspection Trust Fund may be appropriated for
677 programs operated by the department which are related to the
678 programs authorized by this chapter. This subsection expires
679 July 1, 2012 2011.
680 Section 37. In order to implement Specific Appropriation
681 1703AA of the 2011-2012 General Appropriations Act, subsection
682 (5) of section 403.7095, Florida Statutes, is amended to read:
683 403.7095 Solid waste management grant program.—
684 (5) Notwithstanding any other provision of this section to
685 the contrary, and for the 2011-2012 2010-2011 fiscal year only,
686 the Department of Environmental Protection shall award the sum
687 of $2,400,000 in grants equally to counties having populations
688 of fewer than 100,000 for waste tire and litter prevention,
689 recycling education, and general solid waste programs. This
690 subsection expires July 1, 2012 2011.
691 Section 38. In order to implement Specific Appropriation
692 1430 of the 2011-2012 General Appropriations Act and to provide
693 consistency and continuity in the promotion of agriculture
694 throughout the state, notwithstanding s. 287.057, Florida
695 Statutes, the Department of Agriculture and Consumer Services
696 may extend, revise, and renew current contracts or agreements
697 created or entered into pursuant to chapter 2006-25, Laws of
698 Florida. This section expires July 1, 2012.
699 Section 39. In order to implement Specific Appropriation
700 1578A of the 2011-2012 General Appropriations Act, and
701 notwithstanding ss. 253.034, 253.0341, and 259.041, Florida
702 Statutes, the disposition of state-owned lands is exempt from
703 appraisal requirements under s. 253.034(6)(g)1., Florida
704 Statutes, and disposition requirements under s. 253.034(15),
705 Florida Statutes, if the proceeds of such conveyance will be
706 used to purchase state-owned lands for preservation,
707 conservation, or recreation purposes. On or before October 1,
708 2011, all agencies shall submit a list of state-owned lands to
709 the Board of Trustees of the Internal Improvement Trust Fund, to
710 which the lands are titled, which are immediately available for
711 lease or are surplus lands. Proceeds from the sale of such lands
712 shall be deposited into the Florida Forever Trust Fund created
713 by s. 259.1051, Florida Statutes, and used to acquire lands for
714 preservation, conservation, or recreation purposes pursuant to
715 the requirements of s. 259.105, Florida Statutes. The board of
716 trustees shall ensure that, where appropriate, surplus or leased
717 conservation lands are subject to perpetual conservation
718 easements or other such restrictive covenants that run with the
719 land and are duly recorded in the same manner as any other
720 instrument affecting title to real property. This section
721 expires July 1, 2012.
722 Section 40. In order to implement Specific Appropriations
723 1814, 1831, 1895, and 1907, subsection (3) is added to section
724 379.204, Florida Statutes, to read:
725 379.204 Federal Grants Trust Fund.—
726 (3) The commission may transfer the cash balance
727 originating from hunting and fishing license fees from other
728 trust funds into the Federal Grants Trust Fund for the purpose
729 of supporting cash flow needs. This subsection expires July 1,
730 2012.
731 Section 41. In order to implement Specific Appropriation
732 1806 and notwithstanding the provisions of s. 379.2342(2),
733 Florida Statutes, for the 2011-2012 fiscal year only, the Fish
734 and Wildlife Conservation Commission shall suspend the
735 publication of a printed version the Florida Wildlife Magazine
736 and the operations of the Florida Wildlife Magazine Advisory
737 Council.
738 Section 42. In order to implement Specific Appropriations
739 1918A through 1919, 1938A through 1938C, 1938E through 1938V,
740 and 1976A through 1976K of the 2011-2012 General Appropriations
741 Act, paragraph (a) of subsection (4) of section 339.135, Florida
742 Statutes, is amended to read:
743 339.135 Work program; legislative budget request;
744 definitions; preparation, adoption, execution, and amendment.—
745 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
746 (a)1. To assure that no district or county is penalized for
747 local efforts to improve the State Highway System, the
748 department shall, for the purpose of developing a tentative work
749 program, allocate funds for new construction to the districts,
750 except for the turnpike enterprise, based on equal parts of
751 population and motor fuel tax collections. Funds for
752 resurfacing, bridge repair and rehabilitation, bridge fender
753 system construction or repair, public transit projects except
754 public transit block grants as provided in s. 341.052, and other
755 programs with quantitative needs assessments shall be allocated
756 based on the results of these assessments. The department may
757 not transfer any funds allocated to a district under this
758 paragraph to any other district except as provided in subsection
759 (7). Funds for public transit block grants shall be allocated to
760 the districts pursuant to s. 341.052. Funds for the intercity
761 bus program provided for under s. 5311(f) of the federal
762 nonurbanized area formula program shall be administered and
763 allocated directly to eligible bus carriers as defined in s.
764 341.031(12) at the state level rather than the district. In
765 order to provide state funding to support the intercity bus
766 program provided for under provisions of the federal 5311(f)
767 program, the department shall allocate an amount equal to the
768 federal share of the 5311(f) program from amounts calculated
769 pursuant to s. 206.46(3).
770 2. Notwithstanding the provisions of subparagraph 1., the
771 department shall allocate at least 50 percent of any new
772 discretionary highway capacity funds to the Florida Strategic
773 Intermodal System created pursuant to s. 339.61. Any remaining
774 new discretionary highway capacity funds shall be allocated to
775 the districts for new construction as provided in subparagraph
776 1. For the purposes of this subparagraph, the term “new
777 discretionary highway capacity funds” means any funds available
778 to the department above the prior year funding level for
779 capacity improvements, which the department has the discretion
780 to allocate to highway projects.
781 3. Notwithstanding subparagraphs 1. and 2. and ss.
782 201.15(1)(c)1.a.-d., 206.46(3), 334.044(26), and 339.2819(3),
783 and for the 2011-2012 2010-2011 fiscal year only, the department
784 shall reduce work program levels to balance the finance plan to
785 the revised funding levels resulting from any reduction in the
786 2011-2012 2010-2011 General Appropriations Act. This
787 subparagraph expires July 1, 2012 2011.
788 4. For the 2011-2012 2009-2010 fiscal year only, before
789 prior to any project or phase thereof is being deferred, the
790 department’s cash balances shall be as provided in paragraph
791 (6)(b), and the reductions in subparagraph 3. shall be made to
792 financial projects not programmed for contract letting as
793 identified with a work program contract class code 8 and the box
794 code RV. These reductions shall not negatively impact safety or
795 maintenance or project contingency percentage levels as of April
796 21, 2011 2009. This subparagraph expires July 1, 2012 2010.
797 5. Notwithstanding subparagraphs 1. and 2. and ss.
798 206.46(3) and 334.044(26), and for fiscal years 2009-2010
799 through 2013-2014 only, the department shall annually allocate
800 up to $15 million of the first proceeds of the increased
801 revenues estimated by the November 2009 Revenue Estimating
802 Conference to be deposited into the State Transportation Trust
803 Fund to provide for the portion of the transfer of funds
804 included in s. 343.58(4)(a)1.a. or 2.a., as whichever is
805 applicable. The transfer of funds included in s. 343.58(4) shall
806 not negatively impact projects included in fiscal years 2009
807 2010 through 2013-2014 of the work program as of July 1, 2009,
808 as amended pursuant to subsection (7). This subparagraph expires
809 July 1, 2014.
810 Section 43. In order to implement Specific Appropriations
811 1918B and 1938S of the 2011-2012 General Appropriations Act,
812 subsection (5) of section 339.135, Florida Statutes, is amended
813 to read:
814 339.135 Work program; legislative budget request;
815 definitions; preparation, adoption, execution, and amendment.—
816 (5) ADOPTION OF THE WORK PROGRAM.—
817 (a) The original approved budget for operational and fixed
818 capital expenditures for the department shall be the Governor’s
819 budget recommendation and the first year of the tentative work
820 program, as both are amended by the General Appropriations Act
821 and any other act containing appropriations. In accordance with
822 the appropriations act, the department shall, before prior to
823 the beginning of the fiscal year, adopt a final work program
824 which shall only include the original approved budget for the
825 department for the ensuing fiscal year, together with any roll
826 forwards approved pursuant to paragraph (6)(c), and the portion
827 of the tentative work program for the following 4 fiscal years
828 revised in accordance with the original approved budget for the
829 department for the ensuing fiscal year together with the said
830 roll forwards. The adopted work program may include only those
831 projects submitted as part of the tentative work program
832 developed under the provisions of subsection (4), plus any
833 projects which are separately identified by specific
834 appropriation in the General Appropriations Act and any roll
835 forwards approved pursuant to paragraph (6)(c). However, any
836 transportation project of the department which is identified by
837 specific appropriation in the General Appropriations Act shall
838 be deducted from the funds annually distributed to the
839 respective district pursuant to paragraph (4)(a). In addition,
840 the department shall not in any year include any project or
841 allocate funds to a program in the adopted work program that is
842 contrary to existing law for that particular year. Projects
843 shall not be undertaken unless they are listed in the adopted
844 work program.
845 (b) Notwithstanding paragraph (a), and for the 2011-2012
846 2010-2011 fiscal year only, the Department of Transportation
847 shall transfer funds to the Office of Tourism, Trade, and
848 Economic Development in an amount equal to $15 million
849 $20,300,000 for the purpose of funding transportation-related
850 needs of economic development projects. This transfer shall not
851 reduce, delete, or defer any existing projects funded, as of
852 July 1, 2011 2009, in the Department of Transportation’s 5-year
853 work program. This paragraph expires July 1, 2012 2011.
854 (c) Notwithstanding paragraph (a), and for the 2011-2012
855 fiscal year only, the Department of Transportation shall fund
856 airport development projects specified in the General
857 Appropriations Act and, unless requested by the airport sponsor,
858 may not reduce, delete, or defer any existing projects funded as
859 of July 1, 2011, in the Department of Transportation’s 5-year
860 work program. This paragraph expires July 1, 2012.
861 Section 44. In order to implement section 69 of the 2011
862 2012 General Appropriations Act, paragraph (n) of subsection (1)
863 of section 339.08, Florida Statutes, is amended to read:
864 339.08 Use of moneys in State Transportation Trust Fund.—
865 (1) The department shall expend moneys in the State
866 Transportation Trust Fund accruing to the department, in
867 accordance with its annual budget. The use of such moneys shall
868 be restricted to the following purposes:
869 (n) To pay administrative expenses incurred in accordance
870 with applicable laws for a multicounty transportation or
871 expressway authority created under chapter 343 or chapter 348
872 if, where jurisdiction for the authority includes a portion of
873 the State Highway System and the administrative expenses are in
874 furtherance of the duties and responsibilities of the authority
875 in the development of improvements to the State Highway System.
876 This paragraph expires July 1, 2012 2011.
877 Section 45. In order to implement section 110 of the 2011
878 2012 General Appropriations Act, subsection (4) of section
879 339.08, Florida Statutes, is amended to read:
880 339.08 Use of moneys in State Transportation Trust Fund.—
881 (4) For the 2011-2012 2010-2011 fiscal year only and
882 notwithstanding the provisions of this section and ss. 339.09(1)
883 and 215.32(2)(b)4., funds may be transferred from the State
884 Transportation Trust Fund to the State School Trust Fund or the
885 General Revenue Fund as specified in the General Appropriations
886 Act. Notwithstanding ss. 206.46(3) and 206.606(2), the total
887 amount transferred shall be reduced from total state revenues
888 deposited into the State Transportation Trust Fund for the
889 calculation requirements of ss. 206.46(3) and 206.606(2). This
890 subsection expires July 1, 2012 2011.
891 Section 46. In order to implement Specific Appropriations
892 2484A through 2484K of the 2011-2012 General Appropriations Act
893 and notwithstanding chapters 319 and 320, Florida Statutes, the
894 ownership of all vehicles currently used by the Office of Motor
895 Carrier Compliance within the Department of Transportation shall
896 be transferred to the Department of Highway Safety and Motor
897 Vehicles effective July 1, 2011, without payment of any titling
898 or registration fees.
899 Section 47. In order to implement Specific Appropriation
900 2008 of the 2011-2012 General Appropriations Act, subsection
901 (11) of section 445.009, Florida Statutes, is amended to read:
902 445.009 One-stop delivery system.—
903 (11)(a) A participant in an adult or youth work experience
904 activity administered under this chapter shall be deemed an
905 employee of the state for purposes of workers’ compensation
906 coverage. In determining the average weekly wage, all
907 remuneration received from the employer shall be considered a
908 gratuity, and the participant shall not be entitled to any
909 benefits otherwise payable under s. 440.15, regardless of
910 whether the participant may be receiving wages and remuneration
911 from other employment with another employer and regardless of
912 his or her future wage-earning capacity.
913 (b) This subsection expires July 1, 2012 2011.
914 Section 48. In order to implement Specific Appropriation
915 1498 of the 2011-2012 General Appropriations Act, paragraph (d)
916 of subsection (3) of section 163.3247, Florida Statutes, is
917 reenacted to read:
918 163.3247 Century Commission for a Sustainable Florida.—
919 (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; CREATION;
920 ORGANIZATION.—The Century Commission for a Sustainable Florida
921 is created as a standing body to help the citizens of this state
922 envision and plan their collective future with an eye towards
923 both 25-year and 50-year horizons.
924 (d) Members of the commission shall serve without
925 compensation.
926 Section 49. The amendment to s. 163.3247(3)(d), Florida
927 Statutes, as carried forward by this act from chapter 2010-153,
928 Laws of Florida, shall expire July 1, 2012, and the text of that
929 subsection shall revert to that in existence on June 30, 2010,
930 except that any amendments to such text enacted other than by
931 this act shall be preserved and continue to operate to the
932 extent that such amendments are not dependent upon the portions
933 of text which expire pursuant to this section.
934 Section 50. In order to implement Specific Appropriation
935 1498 of the 2011-2012 General Appropriations Act, paragraph (c)
936 of subsection (1) of section 201.15, Florida Statutes, is
937 reenacted to read:
938 201.15 Distribution of taxes collected.—All taxes collected
939 under this chapter are subject to the service charge imposed in
940 s. 215.20(1). Prior to distribution under this section, the
941 Department of Revenue shall deduct amounts necessary to pay the
942 costs of the collection and enforcement of the tax levied by
943 this chapter. Such costs and the service charge may not be
944 levied against any portion of taxes pledged to debt service on
945 bonds to the extent that the costs and service charge are
946 required to pay any amounts relating to the bonds. After
947 distributions are made pursuant to subsection (1), all of the
948 costs of the collection and enforcement of the tax levied by
949 this chapter and the service charge shall be available and
950 transferred to the extent necessary to pay debt service and any
951 other amounts payable with respect to bonds authorized before
952 January 1, 2010, secured by revenues distributed pursuant to
953 subsection (1). All taxes remaining after deduction of costs and
954 the service charge shall be distributed as follows:
955 (1) Sixty-three and thirty-one hundredths percent of the
956 remaining taxes shall be used for the following purposes:
957 (c) After the required payments under paragraphs (a) and
958 (b), the remainder shall be paid into the State Treasury to the
959 credit of:
960 1. The State Transportation Trust Fund in the Department of
961 Transportation in the amount of the lesser of 38.2 percent of
962 the remainder or $541.75 million in each fiscal year, to be used
963 for the following specified purposes, notwithstanding any other
964 law to the contrary:
965 a. For the purposes of capital funding for the New Starts
966 Transit Program, authorized by Title 49, U.S.C. s. 5309 and
967 specified in s. 341.051, 10 percent of these funds;
968 b. For the purposes of the Small County Outreach Program
969 specified in s. 339.2818, 5 percent of these funds. Effective
970 July 1, 2014, the percentage allocated under this sub
971 subparagraph shall be increased to 10 percent;
972 c. For the purposes of the Strategic Intermodal System
973 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
974 of these funds after allocating for the New Starts Transit
975 Program described in sub-subparagraph a. and the Small County
976 Outreach Program described in sub-subparagraph b.; and
977 d. For the purposes of the Transportation Regional
978 Incentive Program specified in s. 339.2819, 25 percent of these
979 funds after allocating for the New Starts Transit Program
980 described in sub-subparagraph a. and the Small County Outreach
981 Program described in sub-subparagraph b. Effective July 1, 2014,
982 the first $60 million of the funds allocated pursuant to this
983 sub-subparagraph shall be allocated annually to the Florida Rail
984 Enterprise for the purposes established in s. 341.303(5).
985 2. The Grants and Donations Trust Fund in the Department of
986 Community Affairs in the amount of the lesser of .23 percent of
987 the remainder or $3.25 million in each fiscal year to fund
988 technical assistance to local governments and school boards on
989 the requirements and implementation of this act.
990 3. The Ecosystem Management and Restoration Trust Fund in
991 the amount of the lesser of 2.12 percent of the remainder or $30
992 million in each fiscal year, to be used for the preservation and
993 repair of the state’s beaches as provided in ss. 161.091
994 161.212.
995 4. General Inspection Trust Fund in the amount of the
996 lesser of .02 percent of the remainder or $300,000 in each
997 fiscal year to be used to fund oyster management and restoration
998 programs as provided in s. 379.362(3).
999
1000 Moneys distributed pursuant to this paragraph may not be pledged
1001 for debt service unless such pledge is approved by referendum of
1002 the voters.
1003 Section 51. The amendment to s. 201.15(1)(c)2., Florida
1004 Statutes, as carried forward by this act from chapter 2010-153,
1005 Laws of Florida, shall expire July 1, 2012, and the text of that
1006 subsection shall revert to that in existence on June 30, 2010,
1007 except that any amendments to such text enacted other than by
1008 this act shall be preserved and continue to operate to the
1009 extent that such amendments are not dependent upon the portions
1010 of text which expire pursuant to this section.
1011 Section 52. In order to implement Specific Appropriations
1012 1918A through 1919, 1938A through 1938C, 1938E through 1939V,
1013 and 1976A through 1976K of the 2011-2012 General Appropriations
1014 Act, subsection (3) of section 206.608, Florida Statutes, is
1015 amended to read:
1016 206.608 State Comprehensive Enhanced Transportation System
1017 Tax; deposit of proceeds; distribution.—Moneys received pursuant
1018 to ss. 206.41(1)(f) and 206.87(1)(d) shall be deposited in the
1019 Fuel Tax Collection Trust Fund, and, after deducting the service
1020 charge imposed in chapter 215 and administrative costs incurred
1021 by the department in collecting, administering, enforcing, and
1022 distributing the tax, which administrative costs may not exceed
1023 2 percent of collections, shall be distributed as follows:
1024 (3) For the 2011-2012 2010-2011 fiscal year only, and
1025 notwithstanding the provisions of subsection (2), the remaining
1026 proceeds of the tax levied pursuant to s. 206.41(1)(f) and all
1027 of the proceeds from the tax imposed by s. 206.87(1)(d) shall be
1028 transferred into the State Transportation Trust Fund and shall
1029 be used for the purposes stated in s. 339.08. This subsection
1030 expires July 1, 2012 2011.
1031 Section 53. In order to implement Specific Appropriations
1032 2453 through 2535A and notwithstanding s. 320.204, Florida
1033 Statutes, for the 2011-2012 fiscal year only, funds may not be
1034 transferred from the Highway Safety Operating Trust Fund to the
1035 Transportation Disadvantaged Trust Fund in the Department of
1036 Transportation.
1037 Section 54. In order to implement Specific Appropriations
1038 1918C, 1918 H, 1918I and 1918J, and notwithstanding s.
1039 341.303(6)(a), Florida Statutes, funding for passenger rail for
1040 the 2011-2012 fiscal year is included in the Transportations
1041 Systems Development budget entity.
1042 Section 55. In order to implement Specific Appropriation
1043 2484A, all sworn law enforcement employee positions classified
1044 as “captain” or “major” in the Office of Motor Carrier
1045 Compliance who are exempt from the career service in accordance
1046 with s. 110.205(2)(m)3., Florida Statutes, shall be placed in
1047 the career service upon transfer to the Florida Highway Patrol
1048 in the Department of Highway Safety and Motor Vehicles.
1049 Incumbents of captains and majors positions in the Office of
1050 Motor Carrier Compliance as of June 30, 2011, who have 1 year of
1051 satisfactory service in their positions shall receive permanent
1052 status in that position within the Department of Highway Safety
1053 and Motor Vehicles. It is the intent of the Legislature that the
1054 incumbent of any career service position in the Office of Motor
1055 Carrier Compliance as of June 30, 2011, retain his or her
1056 current status upon transfer to the Department of Highway Safety
1057 and Motor Vehicles as provided in the General Appropriations
1058 Act.
1059 Section 56. In order to implement Specific Appropriation
1060 1938Q, for the 2011-2012 fiscal year only, and notwithstanding
1061 s. 338.251, Florida Statutes, the Department of Transportation
1062 is authorized to grant not more than $3 million in total from
1063 the Toll Facilities Revolving Trust Fund to authorities created
1064 under chapter 348, Florida Statutes, for preliminary
1065 engineering, traffic, and revenue studies, environmental impact
1066 studies, financial advisory services, engineering design, right
1067 of-way map preparation, operations, other appropriate project
1068 related professional services, and advanced right-of-way
1069 acquisition.
1070 Section 57. In order to implement the appropriation of
1071 funds in appropriation category “Special Categories-Risk
1072 Management Insurance” in the 2011-2012 General Appropriations
1073 Act, and pursuant to the notice, review, and objection
1074 procedures of s. 216.177, Florida Statutes, the Executive Office
1075 of the Governor may transfer funds appropriated in that category
1076 between departments in order to align the budget authority
1077 granted with the premiums paid by each department for risk
1078 management insurance. This section expires July 1, 2012.
1079 Section 58. In order to implement the appropriation of
1080 funds in the appropriation category “Special Categories-Transfer
1081 to Department of Management Services-Human Resources Services
1082 Purchased Per Statewide Contract” in the 2011-2012 General
1083 Appropriations Act,” and pursuant to the notice, review, and
1084 objection procedures of s. 216.177, Florida Statutes, the
1085 Executive Office of the Governor may transfer funds appropriated
1086 in that category between departments in order to align the
1087 budget authority granted with the assessments that must be paid
1088 by each agency to the Department of Management Services for
1089 human resource management services. This section expires July 1,
1090 2012.
1091 Section 59. In order to implement specific appropriations
1092 for salaries and benefits in the 2011-2012 General
1093 Appropriations Act, paragraph (a) of subsection (12) of section
1094 110.123, Florida Statutes, is amended to read:
1095 110.123 State group insurance program.—
1096 (12) HEALTH SAVINGS ACCOUNTS.—The department is authorized
1097 to establish health savings accounts for full-time and part-time
1098 state employees in association with a health insurance plan
1099 option authorized by the Legislature and conforming to the
1100 requirements and limitations of federal provisions relating to
1101 the Medicare Prescription Drug, Improvement, and Modernization
1102 Act of 2003.
1103 (a)1. A member participating in this health insurance plan
1104 option is shall be eligible to receive an employer contribution
1105 into the employee’s health savings account from the State
1106 Employees Health Insurance Trust Fund in an amount to be
1107 determined by the Legislature. A member is not eligible for an
1108 employer contribution upon termination of employment. For the
1109 2011-2012 2010-2011 fiscal year, the state’s monthly
1110 contribution for employees having individual coverage shall be
1111 $41.66 and the monthly contribution for employees having family
1112 coverage shall be $83.33.
1113 2. A member participating in this health insurance plan
1114 option is shall be eligible to deposit the member’s own funds
1115 into a health savings account.
1116 Section 60. In order to implement section 8 of the 2011
1117 2012 General Appropriations Act, paragraph (j) of subsection (3)
1118 of section 110.123, Florida Statutes, is amended to read:
1119 110.123 State group insurance program.—
1120 (3) STATE GROUP INSURANCE PROGRAM.—
1121 (j) Notwithstanding the provisions of paragraph (f)
1122 requiring uniform contributions, and for the 2011-2012 2010-2011
1123 fiscal year only, the state contribution toward the cost of any
1124 plan in the state group insurance plan is shall be the
1125 difference between the overall premium and the employee
1126 contribution. This subsection expires June 30, 2012 2011.
1127 Section 61. In order to implement specific appropriations
1128 for salaries and benefits in the 2011-2012 General
1129 Appropriations Act, paragraph (b) of subsection (3) of section
1130 112.24, Florida Statutes, is amended to read:
1131 112.24 Intergovernmental interchange of public employees.
1132 To encourage economical and effective utilization of public
1133 employees in this state, the temporary assignment of employees
1134 among agencies of government, both state and local, and
1135 including school districts and public institutions of higher
1136 education is authorized under terms and conditions set forth in
1137 this section. State agencies, municipalities, and political
1138 subdivisions are authorized to enter into employee interchange
1139 agreements with other state agencies, the Federal Government,
1140 another state, a municipality, or a political subdivision
1141 including a school district, or with a public institution of
1142 higher education. State agencies are also authorized to enter
1143 into employee interchange agreements with private institutions
1144 of higher education and other nonprofit organizations under the
1145 terms and conditions provided in this section. In addition, the
1146 Governor or the Governor and Cabinet may enter into employee
1147 interchange agreements with a state agency, the Federal
1148 Government, another state, a municipality, or a political
1149 subdivision including a school district, or with a public
1150 institution of higher learning to fill, subject to the
1151 requirements of chapter 20, appointive offices which are within
1152 the executive branch of government and which are filled by
1153 appointment by the Governor or the Governor and Cabinet. Under
1154 no circumstances shall employee interchange agreements be
1155 utilized for the purpose of assigning individuals to participate
1156 in political campaigns. Duties and responsibilities of
1157 interchange employees shall be limited to the mission and goals
1158 of the agencies of government.
1159 (3) Salary, leave, travel and transportation, and
1160 reimbursements for an employee of a sending party that is
1161 participating in an interchange program shall be handled as
1162 follows:
1163 (b)1. The assignment of an employee of a state agency
1164 either on detail or on leave of absence may be made without
1165 reimbursement by the receiving party for the travel and
1166 transportation expenses to or from the place of the assignment
1167 or for the pay and benefits, or a part thereof, of the employee
1168 during the assignment.
1169 2. For the 2011-2012 2010-2011 fiscal year only, the
1170 assignment of an employee of a state agency as provided in
1171 subparagraph 1. may be made if recommended by the Governor or
1172 Chief Justice, as appropriate, and approved by the chairs of the
1173 legislative appropriations committees Senate Policy and Steering
1174 Committee on Ways and Means and the House Full appropriations
1175 Council on Education and Economic Development. Such actions
1176 shall be deemed approved if neither chair provides written
1177 notice of objection within 14 days after the chair’s receiving
1178 notice of the action pursuant to s. 216.177. This subparagraph
1179 expires July 1, 2012 2011.
1180 Section 62. In order to implement Specific Appropriations
1181 2536 and 2537 of the 2011-2012 General Appropriations Act and
1182 notwithstanding the provisions of s. 11.13(1), Florida Statutes,
1183 the authorized salaries for members of the Legislature for the
1184 2011-2012 fiscal year shall be set at the same level in effect
1185 on July 1, 2010. This section expires July 1, 2012.
1186 Section 63. If HB 5011 or similar legislation fails to
1187 become law and notwithstanding s. 27.709, Florida Statutes, in
1188 order to implement Specific Appropriations 760 through 762 of
1189 the 2011-2012 General Appropriations Act, subsection (1) of
1190 section 27.710, Florida Statutes, is amended to read:
1191 27.710 Registry of attorneys applying to represent persons
1192 in postconviction capital collateral proceedings; certification
1193 of minimum requirements; appointment by trial court.—
1194 (1) The executive director of the Justice Administrative
1195 Commission on Capital Cases shall compile and maintain a
1196 statewide registry of attorneys in private practice who have
1197 certified that they meet the minimum requirements of s.
1198 27.704(2), who are available for appointment by the court under
1199 this section to represent persons convicted and sentenced to
1200 death in this state in postconviction collateral proceedings,
1201 and who have attended within the last year a continuing legal
1202 education program of at least 10 hours’ duration devoted
1203 specifically to the defense of capital cases, if available.
1204 Continuing legal education programs meeting the requirements of
1205 this rule offered by The Florida Bar or another recognized
1206 provider and approved for continuing legal education credit by
1207 The Florida Bar shall satisfy this requirement. The failure to
1208 comply with this requirement may be cause for removal from the
1209 list until the requirement is fulfilled. To ensure that
1210 sufficient attorneys are available for appointment by the court,
1211 if when the number of attorneys on the registry falls below 50,
1212 the executive director shall notify the chief judge of each
1213 circuit by letter and request the chief judge to promptly submit
1214 the names of at least three private attorneys who regularly
1215 practice criminal law in that circuit and who appear to meet the
1216 minimum requirements to represent persons in postconviction
1217 capital collateral proceedings. The executive director shall
1218 send an application to each attorney identified by the chief
1219 judge so that the attorney may register for appointment as
1220 counsel in postconviction capital collateral proceedings. As
1221 necessary, the executive director may also advertise in legal
1222 publications and other appropriate media for qualified attorneys
1223 interested in registering for appointment as counsel in
1224 postconviction capital collateral proceedings. Not later than
1225 September 1 of each year, and as necessary thereafter, the
1226 executive director shall provide to the Chief Justice of the
1227 Supreme Court, the chief judge and state attorney in each
1228 judicial circuit, and the Attorney General a current copy of its
1229 registry of attorneys who are available for appointment as
1230 counsel in postconviction capital collateral proceedings. The
1231 registry must be indexed by judicial circuit and must contain
1232 the requisite information submitted by the applicants in
1233 accordance with this section.
1234 Section 64. The amendment to s. 27.710(1), Florida
1235 Statutes, shall expire July 1, 2012, and the text of that
1236 subsection shall revert to that in existence on June 30, 2011,
1237 except that any amendments to such text enacted other than by
1238 this act shall be preserved and continue to operate to the
1239 extent that such amendments are not dependent upon the portions
1240 of text which expire pursuant to this section.
1241 Section 65. In order to implement the transfer of funds to
1242 the State School Trust Fund from trust funds in the 2011-2012
1243 General Appropriations Act, paragraph (b) of subsection (2) of
1244 section 215.32, Florida Statutes, is reenacted and amended to
1245 read:
1246 215.32 State funds; segregation.—
1247 (2) The source and use of each of these funds shall be as
1248 follows:
1249 (b)1. The trust funds shall consist of moneys received by
1250 the state which under law or under trust agreement are
1251 segregated for a purpose authorized by law. The state agency or
1252 branch of state government receiving or collecting such moneys
1253 are shall be responsible for their proper expenditure as
1254 provided by law. Upon the request of the state agency or branch
1255 of state government responsible for the administration of the
1256 trust fund, the Chief Financial Officer may establish accounts
1257 within the trust fund at a level considered necessary for proper
1258 accountability. Once an account is established within a trust
1259 fund, the Chief Financial Officer may authorize payment from
1260 that account only upon determining that there is sufficient cash
1261 and releases at the level of the account.
1262 2. In addition to other trust funds created by law, to the
1263 extent possible, each agency shall use the following trust funds
1264 as described in this subparagraph for day-to-day operations:
1265 a. Operations or operating trust fund, for use as a
1266 depository for funds to be used for program operations funded by
1267 program revenues, with the exception of administrative
1268 activities when the operations or operating trust fund is a
1269 proprietary fund.
1270 b. Operations and maintenance trust fund, for use as a
1271 depository for client services funded by third-party payors.
1272 c. Administrative trust fund, for use as a depository for
1273 funds to be used for management activities that are departmental
1274 in nature and funded by indirect cost earnings and assessments
1275 against trust funds. Proprietary funds are excluded from the
1276 requirement of using an administrative trust fund.
1277 d. Grants and donations trust fund, for use as a depository
1278 for funds to be used for allowable grant or donor agreement
1279 activities funded by restricted contractual revenue from private
1280 and public nonfederal sources.
1281 e. Agency working capital trust fund, for use as a
1282 depository for funds to be used pursuant to s. 216.272.
1283 f. Clearing funds trust fund, for use as a depository for
1284 funds to account for collections pending distribution to lawful
1285 recipients.
1286 g. Federal grant trust fund, for use as a depository for
1287 funds to be used for allowable grant activities funded by
1288 restricted program revenues from federal sources.
1289
1290 To the extent possible, each agency must adjust its internal
1291 accounting to use existing trust funds consistent with the
1292 requirements of this subparagraph. If an agency does not have
1293 trust funds listed in this subparagraph and cannot make such
1294 adjustment, the agency must recommend the creation of the
1295 necessary trust funds to the Legislature no later than the next
1296 scheduled review of the agency’s trust funds pursuant to s.
1297 215.3206.
1298 3. All such moneys are hereby appropriated to be expended
1299 in accordance with the law or trust agreement under which they
1300 were received, subject always to the provisions of chapter 216
1301 relating to the appropriation of funds and to the applicable
1302 laws relating to the deposit or expenditure of moneys in the
1303 State Treasury.
1304 4.a. Notwithstanding any provision of law restricting the
1305 use of trust funds to specific purposes, unappropriated cash
1306 balances from selected trust funds may be authorized by the
1307 Legislature for transfer to the State School Trust Fund, Budget
1308 Stabilization Fund, and General Revenue Fund in the General
1309 Appropriations Act.
1310 b. This subparagraph does not apply to trust funds required
1311 by federal programs or mandates; trust funds established for
1312 bond covenants, indentures, or resolutions whose revenues are
1313 legally pledged by the state or public body to meet debt service
1314 or other financial requirements of any debt obligations of the
1315 state or any public body; the Division of Licensing Trust Fund
1316 in the Department of Agriculture and Consumer Services; the
1317 State Transportation Trust Fund; the trust fund containing the
1318 net annual proceeds from the Florida Education Lotteries; the
1319 Florida Retirement System Trust Fund; trust funds under the
1320 management of the State Board of Education or the Board of
1321 Governors of the State University System, where such trust funds
1322 are for auxiliary enterprises, self-insurance, and contracts,
1323 grants, and donations, as those terms are defined by general
1324 law; trust funds that serve as clearing funds or accounts for
1325 the Chief Financial Officer or state agencies; trust funds that
1326 account for assets held by the state in a trustee capacity as an
1327 agent or fiduciary for individuals, private organizations, or
1328 other governmental units; and other trust funds authorized by
1329 the State Constitution.
1330 Section 66. The amendment to s. 215.32(2)(b), Florida
1331 Statutes, as carried forward by this act from chapter 2010-153,
1332 Laws of Florida, shall expire July 1, 2012, and the text of that
1333 subsection shall revert to that in existence on June 30, 2010,
1334 except that any amendments to such text enacted other than by
1335 this act shall be preserved and continue to operate to the
1336 extent that such amendments are not dependent upon the portions
1337 of text which expire pursuant to this section.
1338 Section 67. In order to implement the transfer of moneys to
1339 the General Revenue Fund from trust funds in the 2011-2012
1340 General Appropriations Act, paragraph (b) of subsection (4) of
1341 section 215.5601, Florida Statutes, is reenacted and amended to
1342 read:
1343 215.5601 Lawton Chiles Endowment Fund.—
1344 (4) ADMINISTRATION.—
1345 (b) The endowment shall be managed as an annuity. The
1346 investment objective is the shall be long-term preservation of
1347 the real value of the net contributed principal and a specified
1348 regular annual cash outflow for appropriation, as nonrecurring
1349 revenue. From the annual cash outflow, a pro rata share shall be
1350 used solely for biomedical research activities as provided in
1351 paragraph (3)(d), until such time as cures are found for
1352 tobacco-related cancer and heart and lung disease. Five percent
1353 of the annual cash outflow dedicated to the biomedical research
1354 portion of the endowment shall be reinvested and applied to that
1355 portion of the endowment’s principal, with the remainder to be
1356 spent on biomedical research activities consistent with this
1357 section. The schedule of annual cash outflow must shall be
1358 included within the investment plan adopted under paragraph (a).
1359 Withdrawals other than specified regular cash outflow are shall
1360 be considered reductions in contributed principal for the
1361 purposes of this subsection.
1362 Section 68. The amendment to s. 215.5601(b), Florida
1363 Statutes, as carried forward by this act from chapter 2010-153,
1364 Laws of Florida, shall expire July 1, 2012, and the text of that
1365 subsection shall revert to that in existence on June 30, 2010,
1366 except that any amendments to such text enacted other than by
1367 this act shall be preserved and continue to operate to the
1368 extent that such amendments are not dependent upon the portions
1369 of text which expire pursuant to this section.
1370 Section 69. In order to implement the issuance of new debt
1371 authorized in the 2011-2012 General Appropriations Act, and
1372 pursuant to s. 215.98, Florida Statutes, the Legislature
1373 determines that the authorization and issuance of debt for the
1374 2011-2012 fiscal year should be implemented, is in the best
1375 interest of the state, and necessary to address a critical state
1376 emergency. This section expires July 1, 2012.
1377 Section 70. In order to implement the funds appropriated in
1378 the 2011-2012 General Appropriations Act for state employee
1379 travel, the funds appropriated to each state agency, which may
1380 be used for travel by state employees, are limited during the
1381 2011-2012 fiscal year to travel for activities that are critical
1382 to each state agency’s mission. Funds may not be used to pay for
1383 travel by state employees to foreign countries, other states,
1384 conferences, staff-training activities, or other administrative
1385 functions unless the agency head has approved in writing that
1386 such activities are critical to the agency’s mission. The agency
1387 head must consider the use of teleconferencing and other forms
1388 of electronic communication to meet the needs of the proposed
1389 activity before approving mission-critical travel. This section
1390 does not apply to travel for law enforcement purposes, military
1391 purposes, emergency management activities, or public health
1392 activities. This section expires July 1, 2012.
1393 Section 71. In order to implement the appropriations
1394 authorized in the 2011-2012 General Appropriations Act for each
1395 of the state’s designated primary data centers, which are funded
1396 from the data processing appropriation category and other
1397 categories used to pay for computing services of user agencies,
1398 and pursuant to the notice, review, and objection procedures of
1399 s. 216.177, Florida Statutes, the Executive Office of the
1400 Governor may transfer funds appropriated in any appropriation
1401 category used to pay for data processing in the 2011-2012
1402 General Appropriations Act between agencies in order to align
1403 the budget authority granted with the utilization rate of each
1404 department. This section expires July 1, 2012.
1405 Section 72. State agencies that are required to begin
1406 planning for a data center consolidation scheduled for a
1407 subsequent fiscal year may accelerate the consolidation into the
1408 2011-2012 fiscal year, contingent upon approval by the
1409 Legislative Budget Commission of budget adjustments necessary to
1410 accomplish the consolidation. The primary data center may
1411 establish positions contingent on an equal or greater number of
1412 positions being placed in reserve from the agency data centers
1413 being consolidated. This section expires July 1, 2012.
1414 Section 73. In order to implement Specific Appropriation
1415 2690 of the 2011-2012 General Appropriations Act, the Executive
1416 Office of the Governor may transfer funds appropriated in the
1417 appropriation category “Expenses” of the 2011-2012 General
1418 Appropriations Act between agencies in order to allocate a
1419 reduction relating to SUNCOM Services. This section expires July
1420 1, 2012.
1421 Section 74. In order to implement section 8 of the General
1422 Appropriations Act for the 2011-2012 fiscal year, paragraph (a)
1423 of subsection (7) of section 110.12315, Florida Statutes, is
1424 reenacted to read:
1425 110.12315 Prescription drug program.—The state employees’
1426 prescription drug program is established. This program shall be
1427 administered by the Department of Management Services, according
1428 to the terms and conditions of the plan as established by the
1429 relevant provisions of the annual General Appropriations Act and
1430 implementing legislation, subject to the following conditions:
1431 (7) Under the state employees’ prescription drug program
1432 copayments must be made as follows:
1433 (a) Effective January 1, 2011, for the State Group Health
1434 Insurance Standard Plan:
1435 1. For generic drug with card.........................$7.
1436 2. For preferred brand name drug with card...........$30.
1437 3. For nonpreferred brand name drug with card........$50.
1438 4. For generic mail order drug.......................$14.
1439 5. For preferred brand name mail order drug..........$60.
1440 6. For nonpreferred brand name mail order drug......$100.
1441 Section 75. The amendment to s. 110.12315(7)(a), Florida
1442 Statutes, as carried forward by this act from chapter 2010-153,
1443 Laws of Florida, shall expire on July 1, 2012, and the text of
1444 that paragraph shall revert to that in existence on December 31,
1445 2010, except that any amendments to such text enacted other than
1446 by this act shall be preserved and continue to operate to the
1447 extent that such amendments are not dependent upon the portions
1448 of text which expire pursuant to this section.
1449 Section 76. In order to implement Specific Appropriations
1450 2587 through 2597 of the 2011-2012 General Appropriations Act,
1451 and notwithstanding chapter 255, Florida Statutes, the
1452 Department of Management Services shall use the services of a
1453 tenant broker to renegotiate all leases over 150,000 square
1454 feet. Based on the renegotiations, and by September 30, 2011,
1455 the department shall report to the Legislative Budget Commission
1456 the projected savings, implementation costs, and recommendations
1457 for leases to terminate.
1458 (1) The report shall also identify any leases that do not
1459 comply with state law or the State Constitution, including
1460 noncompliance due to a nonappropriation clause, and include
1461 recommendations to bring such leases into compliance by June 30,
1462 2012.
1463 (2) State agencies shall propose budget amendments pursuant
1464 to chapter 216, Florida Statutes, to place the budget authority
1465 associated with the cost savings into reserve. If it is
1466 determined that additional savings may be derived from
1467 consolidating, collocating, and or restacking office space, the
1468 Executive Office of the Governor may transfer funds appropriated
1469 between agencies, subject to the notice, review, and objection
1470 procedures of s. 216.177, Florida Statutes.
1471 (3) This section expires July 1, 2012.
1472 Section 77. In order to implement appropriations used for
1473 the payments of existing lease contracts for private office or
1474 storage space in excess of 2,000 square feet, the Department of
1475 Management Services, together with the cooperation of the
1476 agencies having the existing lease contracts, shall seek to
1477 renegotiate or reprocure all private lease agreements expiring
1478 before June 30, 2013, in order to achieve a reduction in costs
1479 in future years. The department shall incorporate this
1480 initiative into its 2011 Master Leasing Report and may use
1481 tenant broker services to explore the possibilities of
1482 collocation, to review the space needs of each agency, and to
1483 review the length and terms of potential renewals or
1484 renegotiations. The department shall provide a report by March
1485 1, 2012, to the Executive Office of the Governor, the President
1486 of the Senate, and the Speaker of the House of Representatives
1487 which lists each lease contract for private office or storage
1488 space, the status of renegotiations, and the savings achieved.
1489 This section expires July 1, 2012.
1490 Section 78. In order to implement specific appropriations
1491 for the purchase of pharmacy products in the 2011-2012 General
1492 Appropriations Act the Department of Management Services shall
1493 issue by November 1, 2011, a competitive solicitation pursuant
1494 to chapter 287 for a pharmaceutical purchasing arrangement as a
1495 state term contract. The solicitation shall invite group
1496 purchasing organizations or other vendors to offer a system for
1497 drug purchasing, excluding those drugs purchased by Medicaid,
1498 which provides transparent pricing to the extent permitted by
1499 federal law, permits purchases outside the agreement if such
1500 purchases offer the best value to the state, and establishes a
1501 preferred drug list that utilizes generic drugs to the extent
1502 feasible and cost effective. The department shall work with
1503 other agencies with subject matter expertise in the
1504 implementation of this section. Award of any contract is
1505 contingent upon the approval of the Legislative Budget
1506 Commission that the requirements of this section have been met.
1507 Upon approval of the Legislative Budget Commission, the
1508 Department of Health shall terminate its participation in the
1509 Minnesota Multistate Contracting Alliance for Pharmacy.
1510 Section 79. In order to implement Specific Appropriation
1511 193 of the 2011-2012 General Appropriations Act and
1512 notwithstanding chapter 287, Florida Statutes, the Agency for
1513 Health Care Administration shall competitively reprocure a
1514 Florida Discount Drug Card Program to provide market competitive
1515 discounts through a broad network of retail pharmacies and a
1516 mail order pharmacy within the state and return money to the
1517 state on a per prescription dispensed basis. Discounts shall be
1518 available to Florida residents without income restrictions.
1519 Residents shall be able to enroll and acquire a member
1520 identification card from the participating pharmacies, online
1521 and through text messaging, without a charge. Revenues derived
1522 from this contract shall be deposited into the agency’s Grants
1523 and Donations Trust Fund to reduce the cost of Medicaid pharmacy
1524 purchases. This section expires July 1, 2012.
1525 Section 80. In order to implement specific appropriations
1526 for Expense and Other Capital Outlay in the 2011-2012 General
1527 Appropriations Act, subsection (8) is added to section 946.515,
1528 Florida Statutes, to read:
1529 946.515 Use of goods and services produced in correctional
1530 work programs.—
1531 (8) On June 30, 3012, each state agency must submit a
1532 report to the President of the Senate and the Speaker of the
1533 House of Representatives which lists products or services
1534 obtained from a source other than the corporation when a
1535 comparable product or service could have been obtained from the
1536 corporation. The report must include an explanation of why the
1537 product or service was not obtained from the corporation. This
1538 subsection expires July 1, 2012.
1539 Section 81. Any section of this act which implements a
1540 specific appropriation or specifically identified proviso
1541 language in the 2011-2012 General Appropriations Act is void if
1542 the specific appropriation or specifically identified proviso
1543 language is vetoed. Any section of this act which implements
1544 more than one specific appropriation or more than one portion of
1545 specifically identified proviso language in the 2011-2012
1546 General Appropriations Act is void if all the specific
1547 appropriations or portions of specifically identified proviso
1548 language are vetoed.
1549 Section 82. If any other act passed during the 2011 Regular
1550 Session contains a provision that is substantively the same as a
1551 provision in this act, but that removes or is otherwise not
1552 subject to the future repeal applied to such provision by this
1553 act, the Legislature intends that the provision in the other act
1554 takes precedence and continues to operate, notwithstanding the
1555 future repeal provided by this act.
1556 Section 83. If any provision of this act or its application
1557 to any person or circumstance is held invalid, the invalidity
1558 does not affect other provisions or applications of the act
1559 which can be given effect without the invalid provision or
1560 application, and to this end the provisions of this act are
1561 severable.
1562 Section 84. Except as otherwise expressly provided in this
1563 act and except for this section, which shall take effect upon
1564 this act becoming a law, this act shall take effect July 1,
1565 2011; or, if this act fails to become a law until after that
1566 date, it shall take effect upon becoming a law and shall operate
1567 retroactively to July 1, 2011.
1568
1569 ================= T I T L E A M E N D M E N T ================
1570 And the title is amended as follows:
1571 Delete everything before the enacting clause
1572 and insert:
1573 A bill to be entitled
1574 An act implementing the 2011-2012 General
1575 Appropriations Act; providing legislative intent;
1576 incorporating by reference certain calculations of the
1577 Florida Education Finance Program for the 2011-2012
1578 fiscal year; amending s. 216.292, F.S.; authorizing
1579 the transfer of funds between appropriation categories
1580 to fund fixed capital outlay projects for public
1581 schools upon certain approval; authorizing the use of
1582 funds from the Workers’ Compensation Administration
1583 Trust Fund for the Ready to Work Program; authorizing
1584 a university board of trustees to expend reserve or
1585 carry-forward balances for the establishment of a new
1586 campus; amending s. 394.908, F.S.; providing
1587 allocation requirements for specified funds
1588 appropriated for forensic mental health services;
1589 providing requirements relating to implementing phase
1590 3 of the Department of Health’s Florida Onsite Sewage
1591 Nitrogen Reduction Strategies Study; amending s. 1 of
1592 chapter 2007-174, Laws of Florida; revising the
1593 expiration of provisions authorizing certain
1594 flexibility for the Department of Children and Family
1595 Services with respect to its organizational structure;
1596 incorporating by reference certain calculations of the
1597 Medicaid Low-Income Pool, Disproportionate Share
1598 Hospital, and Hospital Exemptions Programs; requiring
1599 certain budget amendments recommending the release of
1600 funds to provide more notice and be subject to certain
1601 objection procedures; revising specified
1602 appropriations in the General Appropriations Act with
1603 respect to the rates for the Title XIX Inpatient
1604 Hospital Reimbursement Plan; providing an
1605 appropriation for certain public hospitals; revising
1606 an appropriation in the General Appropriations Act to
1607 implement rates for the Title XIX Outpatient Hospital
1608 Reimbursement Plan; requiring the Department of Health
1609 to present a plan to the Legislative Budget Commission
1610 which estimates the workload and funding needs to
1611 implement the onsite sewage treatment and disposal
1612 system evaluation program; authorizing the Department
1613 of Corrections and the Department of Juvenile Justice
1614 to make certain expenditures to defray costs incurred
1615 by a municipality or county as a result of opening or
1616 operating a facility under the authority of the
1617 respective entity; amending s. 216.262, F.S.;
1618 providing for additional positions to operate
1619 additional prison bed capacity under certain
1620 circumstances; authorizing the Department of Legal
1621 Affairs to transfer certain funds to pay salaries and
1622 benefits; authorizing the Department of Legal Affairs
1623 to spend certain appropriated funds on programs that
1624 were funded by the department from specific
1625 appropriations in general appropriations acts in
1626 previous years; amending s. 932.7055, F.S.;
1627 authorizing a municipality to expend funds from its
1628 special law enforcement trust fund to reimburse the
1629 municipality’s general fund; requiring that the
1630 Department of Juvenile Justice comply with specified
1631 reimbursement limitations with respect to payments to
1632 hospitals or health care providers for health care
1633 services; authorizing certain payments pursuant to a
1634 contracted rate only until the contract expires or is
1635 renewed; defining the term “hospital” for purposes of
1636 such limitations; relieving the state court system of
1637 certain loan repayment obligations; amending s.
1638 215.18, F.S.; providing for trust fund loans to the
1639 state court system sufficient to meet its
1640 appropriation; providing that any funds remaining in
1641 the Clerks of the Courts Trust Fund remain available
1642 to the clerks; amending s. 29.008, F.S.; providing
1643 counties with an exemption from the requirement to
1644 annually increase certain expenditures by a specified
1645 percentage; amending s. 282.709, F.S.; allowing funds
1646 from the State Agency Law Enforcement Radio System
1647 Trust Fund to be used for mutual aid buildout
1648 maintenance and sustainment; requiring the Florida
1649 Catastrophic Storm Risk Management Center at Florida
1650 State University to conduct an analysis using certain
1651 data; requiring the Department of Management Services
1652 to use certain interest earnings to fund the
1653 administration of the MyFlorida.com portal; amending
1654 s. 253.034, F.S.; authorizing the deposit of funds
1655 derived from the sale of property by the Department of
1656 Citrus into the Citrus Advertising Trust Fund;
1657 amending s. 601.15, F.S.; specifying the maximum tax
1658 rate for standard-packed boxes of citrus fruit;
1659 providing for the future expiration of such amendment
1660 and for the reversion of statutory text; amending s.
1661 601.10, F.S.; providing for the executive director of
1662 the Department of Citrus to be appointed by a majority
1663 vote of the commission, subject to confirmation by the
1664 Senate; providing for the future expiration of such
1665 amendment and for the reversion of statutory text;
1666 amending s. 375.041, F.S.; providing for the transfer
1667 of moneys from the Land Acquisition Trust Fund to
1668 support the Total Maximum Daily Loads programs;
1669 amending s. 373.59, F.S.; providing for the allocation
1670 of moneys from the Water Management Lands Trust Fund
1671 for certain purposes; reenacting s. 403.1651(1)(g),
1672 F.S., relating to the use of funds from the Ecosystem
1673 Management and Restoration Trust Fund for the purpose
1674 of funding activities to preserve and repair the
1675 state’s beaches; providing for the future expiration
1676 of certain amendments to such provision and for the
1677 reversion of statutory text; amending s. 570.20, F.S.;
1678 delaying the expiration of provisions authorizing the
1679 Department of Agriculture and Consumer Services to use
1680 funds from the General Inspection Trust Fund for
1681 certain programs; amending s. 403.7095, F.S.;
1682 requiring that the Department of Environmental
1683 Protection award a specified amount in grants to
1684 certain counties for solid waste programs; authorizing
1685 the Department of Agriculture and Consumer Services to
1686 extend, revise, and renew current contracts or
1687 agreements created or entered into for the purpose of
1688 promotion of agriculture; providing that the
1689 disposition of state-owned lands is exempt from
1690 appraisal requirements and disposition requirements
1691 under certain circumstances; requiring state agencies
1692 to provide a list of lands that are immediately
1693 available for lease or are surplus lands; requiring
1694 that the proceeds from the sale of such lands be
1695 deposited into the Florida Forever Trust Fund;
1696 amending s. 379.204, F.S.; authorizing the Fish and
1697 Wildlife Conservation Commission to transfer funds to
1698 the Federal Grants Trust Fund to support cash flow
1699 needs; requiring the Fish and Wildlife Conservation
1700 Commission to suspend publication of the Florida
1701 Wildlife Magazine and the operations of the advisory
1702 council for the 2011-2012 fiscal year; amending s.
1703 339.135, F.S.; delaying the expiration of certain
1704 provisions that permit the Department of
1705 Transportation to reduce work program levels to
1706 balance the finance plan to revised funding levels;
1707 delaying the expiration of certain provisions relating
1708 to the specifications of the department’s cash
1709 balances before a project or phase may be deferred;
1710 delaying the expiration of certain provisions relating
1711 to the specifications of the department’s cash
1712 balances before a project or phase may be deferred;
1713 providing that certain reductions do not negatively
1714 impact safety or maintenance or project contingency
1715 percentage levels as of a specified date; providing
1716 for use of transportation revenues; amending s.
1717 339.08, F.S.; delaying the expiration of provisions
1718 relating to the use of moneys in the State
1719 Transportation Trust Fund for certain administrative
1720 expenses; authorizing the transfer of funds from the
1721 State Transportation Trust Fund to the State School
1722 Trust Fund under certain circumstances; providing for
1723 all vehicles within the Office of Motor Carrier
1724 Compliance to be transferred to the Department of
1725 Highway Safety and Motor Vehicles without the payment
1726 of certain fees; amending s. 445.009, F.S.; providing
1727 that a participant in an adult or youth work
1728 experience activity under ch. 445, F.S., is an
1729 employee of the state for purposes of workers’
1730 compensation coverage; reenacting s. 163.3247(3)(d),
1731 F.S., relating to members of the Century Commission
1732 for a Sustainable Florida serving without
1733 compensation; providing for the future expiration of
1734 certain amendments to such provision and for the
1735 reversion of statutory text; reenacting s.
1736 201.15(1)(c), F.S., relating to funds deposited into
1737 the Grants and Donations Trust Fund in the Department
1738 of Community Affairs which are used to fund technical
1739 assistance to local governments and school boards;
1740 providing for the future expiration of certain
1741 amendments to such provision and for the reversion of
1742 statutory text; amending s. 206.608, F.S.; providing
1743 for continued use of certain taxes deposited into the
1744 State Transportation Trust Fund by the Department of
1745 Transportation; prohibiting the transfer of funds from
1746 the Highway Safety Operating Trust Fund to the
1747 Transportation Disadvantaged Trust Fund; including
1748 funding for passenger rail in the Transportation
1749 Systems Development budget entity; providing that
1750 certain sworn law enforcement positions in the Office
1751 of Motor Carrier Compliance be placed in the career
1752 service upon transfer to the Department of Highway
1753 Safety and Motor Vehicles; providing for permanent
1754 status upon the transfer of certain positions;
1755 authorizing the Department of Transportation to use
1756 funds from the Toll Facilities Revolving Trust Fund
1757 for certain purposes; authorizing the Executive Office
1758 of the Governor to transfer funds between departments
1759 for purposes of aligning amounts paid for risk
1760 management premiums and for purposes of aligning
1761 amounts paid for human resource management services;
1762 amending s. 110.123, F.S., relating to the state group
1763 insurance program; providing that the state
1764 contribution toward the cost of a plan is the
1765 difference between the overall premium and the
1766 employee contribution; amending s. 112.24, F.S.;
1767 providing conditions on the assignment of an employee
1768 of a state agency without reimbursement from the
1769 receiving agency; providing that the annual salary of
1770 the members of the Legislature be maintained at a
1771 specified level; amending s. 27.710, F.S.; clarifying
1772 certain duties of the executive director of the
1773 Justice Administration Commission on Capital Cases;
1774 providing for the future expiration of the amendment
1775 to such provision and for the reversion of statutory
1776 text; reenacting and amending s. 215.32(2)(b), F.S.,
1777 relating to the source and use of certain trust funds
1778 in order to implement the transfer of moneys in the
1779 General Revenue Fund from trust funds in the 2011-2012
1780 General Appropriations Act; providing for the future
1781 expiration of certain amendments to such provision and
1782 for the reversion of statutory text; reenacting and
1783 amending s. 215.5601(4)(b), F.S., relating to the
1784 administration of the Lawton Chiles Endowment Fund;
1785 providing for the future expiration of certain
1786 amendments to such provision and for the reversion of
1787 statutory text; providing a legislative finding that
1788 the issuance of new debt is in the best interests of
1789 the state and necessary to address a critical state
1790 emergency; limiting the use of travel funds to
1791 activities that are critical to an agency’s mission;
1792 providing exceptions; authorizing agencies scheduled
1793 for data center consolidation to accelerate such
1794 consolidation; authorizing the establishment of data
1795 center positions in exchange for agency positions
1796 placed in reserve; authorizing the Executive Office of
1797 the Governor to transfer funds between agencies in
1798 order to allocate a reduction relating to SUNCOM;
1799 reenacting s. 110.12315(7)(a), F.S., relating to
1800 copayments for the state employees’ prescription drug
1801 program; providing for the future expiration of
1802 certain amendments to such provision and for the
1803 reversion of statutory text; directing the Department
1804 of Management Services to use a tenant broker to
1805 renegotiate certain leases and provide a report to the
1806 Legislature; requiring the department to renegotiate
1807 certain leases and report to the Legislature;
1808 requiring the department to issue a solicitation for
1809 the Minnesota Multistate Contracting Alliance for
1810 Pharmacy agreement as a state term contract; requiring
1811 the department to use generic drugs were feasible in
1812 developing its preferred drug list; requiring the
1813 Agency for Health Care Administration to reprocure the
1814 Florida Discount Drug Card Program; providing
1815 requirements for the program; providing that revenues
1816 derived from the contract be deposited into the
1817 agency’s Grants and Donations Trust Fund; amending s.
1818 946.515, F.S.; requiring each state agency to submit a
1819 report to the Legislature listing products or services
1820 obtained from sources other than the prison industries
1821 corporation; providing for the effect of a veto of one
1822 or more specific appropriations or proviso to which
1823 implementing language refers; providing for reversion
1824 of statutory text of certain provisions; providing for
1825 the continued operation of certain provisions
1826 notwithstanding a future repeal or expiration provided
1827 by the act; providing for severability; providing
1828 effective dates.