| 1 | Representative Grimsley offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 |
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| 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 |
| 10 | 6, 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 |
| 14 | March 31, 2011, and filed with the Clerk of the House of |
| 15 | Representatives, are incorporated by reference for the purpose |
| 16 | of displaying the calculations used by the Legislature, |
| 17 | consistent with the requirements of the Florida Statutes, in |
| 18 | making appropriations for the Florida Education Finance Program. |
| 19 | Section 3. In order to implement Specific Appropriation |
| 20 | 15A of the 2011-2012 General Appropriations Act, notwithstanding |
| 21 | s. 1013.62(1)(b), Florida Statutes, the Department of Education |
| 22 | shall distribute the charter school capital outlay funding |
| 23 | pursuant to s. 1013.62(1)(e), Florida Statutes. This section |
| 24 | expires July 1, 2012. |
| 25 | Section 4. In order to implement Specific Appropriation |
| 26 | 15C of the 2011-2012 General Appropriations Act, notwithstanding |
| 27 | the provisions of s. 1011.32, Florida Statutes, the Public |
| 28 | Education Capital Outlay and Debt Service Trust Fund shall be |
| 29 | used as the source of the state match for private contributions |
| 30 | for the Aircraft Coating Education Facility - Cecil at the |
| 31 | Florida State College at Jacksonville. This section expires July |
| 32 | 1, 2012. |
| 33 | Section 5. In order to fulfill legislative intent |
| 34 | regarding the use of funds contained in Specific Appropriations |
| 35 | 605, 616, 628, and 1135 of the 2011-2012 General Appropriations |
| 36 | Act, the Department of Corrections and the Department of |
| 37 | Juvenile Justice may expend appropriated funds to assist in |
| 38 | defraying the costs of impacts that are incurred by a |
| 39 | municipality or county and that are associated with opening or |
| 40 | operating a facility under the authority of the department. The |
| 41 | amount paid for any facility may not exceed 1 percent of the |
| 42 | cost to construct the facility, less building impact fees |
| 43 | imposed by the municipality or county. This section expires July |
| 44 | 1, 2012. |
| 45 | Section 6. In order to implement Specific Appropriations |
| 46 | 595 through 688A and 726 through 759 of the 2011-2012 General |
| 47 | Appropriations Act, subsection (4) of section 216.262, Florida |
| 48 | Statutes, is amended to read: |
| 49 | 216.262 Authorized positions.- |
| 50 | (4) Notwithstanding the provisions of this chapter on |
| 51 | increasing the number of authorized positions, and for the 2011- |
| 52 | 2012 2010-2011 fiscal year only, if the actual inmate population |
| 53 | of the Department of Corrections exceeds the inmate population |
| 54 | projections of the February 21, 2011 February 19, 2010, Criminal |
| 55 | Justice Estimating Conference by 1 percent for 2 consecutive |
| 56 | months or 2 percent for any month, the Executive Office of the |
| 57 | Governor, with the approval of the Legislative Budget |
| 58 | Commission, shall immediately notify the Criminal Justice |
| 59 | Estimating Conference, which shall convene as soon as possible |
| 60 | to revise the estimates. The Department of Corrections may then |
| 61 | submit a budget amendment requesting the establishment of |
| 62 | positions in excess of the number authorized by the Legislature |
| 63 | and additional appropriations from unallocated general revenue |
| 64 | sufficient to provide for essential staff, fixed capital |
| 65 | improvements, and other resources to provide classification, |
| 66 | security, food services, health services, and other variable |
| 67 | expenses within the institutions to accommodate the estimated |
| 68 | increase in the inmate population. All actions taken pursuant to |
| 69 | the authority granted in this subsection shall be subject to |
| 70 | review and approval by the Legislative Budget Commission. This |
| 71 | subsection expires July 1, 2012 2011. |
| 72 | Section 7. In order to implement Specific Appropriations |
| 73 | 1192 and 1198 of the 2011-2012 General Appropriations Act, |
| 74 | paragraph (d) of subsection (4) of section 932.7055, Florida |
| 75 | Statutes, is amended to read: |
| 76 | 932.7055 Disposition of liens and forfeited property.- |
| 77 | (4) The proceeds from the sale of forfeited property shall |
| 78 | be disbursed in the following priority: |
| 79 | (d) Notwithstanding any other provision of this |
| 80 | subsection, and for the 2011-2012 2010-2011 fiscal year only, |
| 81 | the funds in a special law enforcement trust fund established by |
| 82 | the governing body of a municipality may be expended to |
| 83 | reimburse the general fund of the municipality for moneys |
| 84 | advanced from the general fund to the special law enforcement |
| 85 | trust fund prior to October 1, 2001. This paragraph expires July |
| 86 | 1, 2012 2011. |
| 87 | Section 8. (1) In order to implement Specific |
| 88 | Appropriations 1069, 1070, 1074, 1075, 1115, 1116, 1120, 1121, |
| 89 | 1123, 1126, 1127, 1132, 1141, and 1146 of the 2011-2012 General |
| 90 | Appropriations Act, the Department of Juvenile Justice must |
| 91 | comply with the following reimbursement limitations: |
| 92 | (a) No payment to a hospital or a health care provider may |
| 93 | exceed 110 percent of the Medicare allowable rate for any health |
| 94 | care services provided if no contract exists between the |
| 95 | department and either the hospital or the health care provider |
| 96 | providing services at a hospital; |
| 97 | (b) The department may continue to make payments for |
| 98 | health care services at the currently contracted rates through |
| 99 | the current term of the contract if a contract has been executed |
| 100 | between the department and a hospital or a health care provider |
| 101 | providing services to a hospital; however, no payments may |
| 102 | exceed 110 percent of the Medicare allowable rate after the |
| 103 | current term of the contract expires or after the contract is |
| 104 | renewed during the 2011-2012 fiscal year; |
| 105 | (c) Payments may not exceed 110 percent of the Medicare |
| 106 | allowable rate under a contract executed on or after July 1, |
| 107 | 2011, between the department and a hospital or health care |
| 108 | provider providing services at a hospital; |
| 109 | (d) Notwithstanding the limitations of paragraphs (a), |
| 110 | (b), and (c), the department may pay up to 125 percent of the |
| 111 | Medicare allowable rate for health care services at a hospital |
| 112 | that reports or has reported a negative operating margin for the |
| 113 | previous fiscal year to the Agency for Health Care |
| 114 | Administration through hospital-audited financial data; and |
| 115 | (e) The department may not execute a contract for health |
| 116 | care services at hospitals for rates other than rates based on a |
| 117 | percentage of the Medicare allowable rate. |
| 118 | (2) For purposes of this section, the term "hospital" |
| 119 | means any hospital licensed under chapter 395, Florida Statutes. |
| 120 | (3) This section expires July 1, 2012. |
| 121 | Section 9. In order to implement Specific Appropriations |
| 122 | 310 through 339 of the 2011-2012 General Appropriations Act, |
| 123 | paragraphs (b) and (c) of subsection (3) of section 394.908, |
| 124 | Florida Statutes, are amended to read: |
| 125 | 394.908 Substance abuse and mental health funding equity; |
| 126 | distribution of appropriations.-In recognition of the historical |
| 127 | inequity in the funding of substance abuse and mental health |
| 128 | services for the department's districts and regions and to |
| 129 | rectify this inequity and provide for equitable funding in the |
| 130 | future throughout the state, the following funding process shall |
| 131 | be used: |
| 132 | (3) |
| 133 | (b) Notwithstanding paragraph (a) and for the 2011-2012 |
| 134 | 2010-2011 fiscal year only, funds appropriated for forensic |
| 135 | mental health treatment services shall be allocated to the areas |
| 136 | of the state having the greatest demand for services and |
| 137 | treatment capacity. This paragraph expires July 1, 2012 2011. |
| 138 | (c) Notwithstanding paragraph (a) and for the 2011-2012 |
| 139 | 2010-2011 fiscal year only, additional funds appropriated for |
| 140 | substance abuse and mental health services from funds available |
| 141 | through the Community-Based Medicaid Administrative Claiming |
| 142 | Program shall be allocated as provided in the 2011-2012 2010- |
| 143 | 2011 General Appropriations Act and in proportion to contributed |
| 144 | provider earnings. This paragraph expires July 1, 2012 2011. |
| 145 | Section 10. In order to implement Specific Appropriation |
| 146 | 465 of the 2011-2012 General Appropriations Act, and for the |
| 147 | 2011-2012 fiscal year only, the following requirements shall |
| 148 | govern the completion of Phase 2 and Phase 3 of the Department |
| 149 | of Health's Florida Onsite Sewage Nitrogen Reduction Strategies |
| 150 | Study: |
| 151 | (1) The underlying contract for which the study was let |
| 152 | shall remain in full force and effect with the Department of |
| 153 | Health, and funding the contract for the completion of Phase 2 |
| 154 | and Phase 3 of the study shall be through the Department of |
| 155 | Health. |
| 156 | (2) The Department of Health, the Department of Health's |
| 157 | Research Review and Advisory Committee, and the Department of |
| 158 | Environmental Protection shall work together to provide the |
| 159 | necessary technical oversight of the completion of Phase 2 and |
| 160 | Phase 3 of the study. |
| 161 | (3) Management and oversight of the completion of Phase 2 |
| 162 | and Phase 3 shall be consistent with the terms of the existing |
| 163 | contract. However, the main focus and priority for work to be |
| 164 | completed for Phase 3 shall be in developing, testing, and |
| 165 | recommending cost-effective passive technology design criteria |
| 166 | for nitrogen reduction. |
| 167 | (4) The systems installed at home sites are experimental |
| 168 | in nature and shall be installed with significant field testing |
| 169 | and monitoring. The Department of Health is specifically |
| 170 | authorized to allow installation of these experimental systems. |
| 171 | In addition, before Phase 3 of the study is complete and |
| 172 | notwithstanding any law to the contrary, a state agency may not |
| 173 | adopt or implement a rule or policy that: |
| 174 | (a) Mandates, establishes, or implements more restrictive |
| 175 | nitrogen-reduction standards that apply to existing or new |
| 176 | onsite sewage treatment systems or modification of such systems; |
| 177 | (b) Directly requires or has the indirect effect of |
| 178 | requiring, for nitrogen reduction, the use of performance-based |
| 179 | treatment systems, or any similar technology. However, |
| 180 | Department of Environmental Protection administrative orders |
| 181 | recognizing onsite system modifications, developed through a |
| 182 | basin management action plan adopted pursuant to s. 403.067, |
| 183 | Florida Statutes, are not subject to the restrictions of this |
| 184 | subsection for onsite system modifications phased in after |
| 185 | completion of Phase 3. |
| 186 | (5) This section expires July 1, 2012. |
| 187 | Section 11. In order to implement Specific Appropriations |
| 188 | 259 through 357 of the 2011-2012 General Appropriations Act, |
| 189 | subsection (3) of section 1 of chapter 2007-174, Laws of |
| 190 | Florida, is amended to read: |
| 191 | Section 1. Flexibility for the Department of Children and |
| 192 | Family Services.- |
| 193 | (3) This section expires July 1, 2012 June 30, 2008. |
| 194 | Section 12. In order to implement Specific Appropriations |
| 195 | 171 and 177 through 179 and 182 of the 2011-2012 General |
| 196 | Appropriations Act, the calculations of the Medicaid Low-Income |
| 197 | Pool, Disproportionate Share Hospital, and Hospital Exemptions |
| 198 | Programs for the 2011-2012 fiscal year in the document entitled |
| 199 | "Medicaid Supplemental Hospital Funding Programs" dated March |
| 200 | 31, 2011, and filed with the Clerk of the House of |
| 201 | Representatives, are incorporated by reference for the purpose |
| 202 | of displaying the calculations used by the Legislature, |
| 203 | consistent with the requirements of the Florida Statutes, in |
| 204 | making appropriations for the Low-Income Pool, Disproportionate |
| 205 | Share Hospital, and Hospital Exemptions Programs. |
| 206 | Section 13. In order to implement Specific Appropriation |
| 207 | 2341A of the 2011-2012 General Appropriations Act, the Florida |
| 208 | Catastrophic Storm Risk Management Center at Florida State |
| 209 | University shall conduct the analysis as originally required in |
| 210 | section 164 of chapter 2004-390, Laws of Florida. |
| 211 | Notwithstanding section 164 of chapter 2004-390, Laws of |
| 212 | Florida, the Florida Catastrophic Storm Risk Management Center |
| 213 | at Florida State University is directed to use the most recent |
| 214 | and available premium data for personal lines property and |
| 215 | casualty insurance in completing the analysis. |
| 216 | Section 14. In order to implement Specific Appropriations |
| 217 | 2574 through 2584 of the 2011-2012 General Appropriations Act, |
| 218 | the Department of Management Services shall use interest |
| 219 | earnings of the Communications Working Capital Trust Fund as the |
| 220 | funding source for its responsibilities for the administration |
| 221 | of the MyFlorida.com portal. |
| 222 | Section 15. In order to implement Specific Appropriations |
| 223 | 2173 through 2195 of the 2011-2012 General Appropriations Act, |
| 224 | subsection (13) of section 253.034, Florida Statutes, is amended |
| 225 | to read: |
| 226 | 253.034 State-owned lands; uses.- |
| 227 | (13) Notwithstanding the provisions of this section, funds |
| 228 | derived from the sale of the Department of Citrus' property |
| 229 | located in Lakeland, Florida, are authorized to be deposited |
| 230 | into the Citrus Advertising Trust Fund. This subsection expires |
| 231 | July 1, 2012 2011. |
| 232 | Section 16. In order to implement Specific Appropriation |
| 233 | 1648A of the 2011-2012 General Appropriations Act, paragraph (b) |
| 234 | of subsection (3) of section 375.041, Florida Statutes, is |
| 235 | amended to read: |
| 236 | 375.041 Land Acquisition Trust Fund.- |
| 237 | (3) |
| 238 | (b) In addition to the uses allowed in paragraph (a), for |
| 239 | the 2011-2012 2010-2011 fiscal year, moneys in the Land |
| 240 | Acquisition Trust Fund are authorized for transfer to support |
| 241 | the Total Maximum Daily Loads Clean Water State Revolving Fund, |
| 242 | the Drinking Water State Revolving Fund, the Total Maximum Daily |
| 243 | Loads programs, and the Marine Spatial Planning programs as |
| 244 | provided in the General Appropriations Act. This paragraph |
| 245 | expires July 1, 2012 2011. |
| 246 | Section 17. In order to implement Specific Appropriation |
| 247 | 1580A of the 2011-2012 General Appropriations Act, subsection |
| 248 | (12) of section 373.59, Florida Statutes, is amended to read: |
| 249 | 373.59 Water Management Lands Trust Fund.- |
| 250 | (12) Notwithstanding subsection (8), and for the 2011-2012 |
| 251 | 2010-2011 fiscal year only, the moneys from the Water Management |
| 252 | Lands Trust Fund shall be allocated as follows: |
| 253 | (a) An amount necessary to pay debt service on bonds |
| 254 | issued before February 1, 2009, by the South Florida Water |
| 255 | Management District and the St. Johns River Water Management |
| 256 | District, which are secured by revenues provided pursuant to |
| 257 | this section, or to fund debt service reserve funds, rebate |
| 258 | obligations, or other amounts payable with respect to such |
| 259 | bonds; |
| 260 | (b) Eight million dollars to be transferred to the General |
| 261 | Revenue Fund; and |
| 262 | (c) The remaining funds to be distributed equally between |
| 263 | the Suwannee River Water Management District and the Northwest |
| 264 | Florida Water Management District.; and |
| 265 | (d) For the 2010-2011 fiscal year only, the sum of $50,000 |
| 266 | from the Water Management Lands Trust Fund shall be transferred |
| 267 | to the General Inspection Trust Fund in the Department of |
| 268 | Agriculture and Consumer Services for the soil and water |
| 269 | conservation districts for support services. |
| 270 |
|
| 271 | This subsection expires July 1, 2012 2011. |
| 272 | Section 18. In order to implement Specific Appropriations |
| 273 | 1649 through 1651 and 1653 and section 60 of the 2011-2012 |
| 274 | General Appropriations Act, paragraph (g) of subsection (1) of |
| 275 | section 403.1651, Florida Statutes, is reenacted to read: |
| 276 | 403.1651 Ecosystem Management and Restoration Trust Fund.- |
| 277 | (1) There is created the Ecosystem Management and |
| 278 | Restoration Trust Fund to be administered by the Department of |
| 279 | Environmental Protection for the purposes of: |
| 280 | (g) Funding activities to preserve and repair the state's |
| 281 | beaches as provided in ss. 161.091-161.212. |
| 282 | Section 19. The amendment to s. 403.1651(1)(g), Florida |
| 283 | Statutes, as carried forward by this act from chapter 2010-153, |
| 284 | Laws of Florida, shall expire July 1, 2012, and the text of that |
| 285 | paragraph shall revert to that in existence on June 30, 2009, |
| 286 | except that any amendments to such text enacted other than by |
| 287 | this act shall be preserved and continue to operate to the |
| 288 | extent that such amendments are not dependent upon the portions |
| 289 | of such text which expire pursuant to this section. |
| 290 | Section 20. In order to implement Specific Appropriations |
| 291 | 1324 through 1475 of the 2011-2012 General Appropriations Act, |
| 292 | subsection (2) of section 570.20, Florida Statutes, is amended |
| 293 | to read: |
| 294 | 570.20 General Inspection Trust Fund.- |
| 295 | (2) For the 2011-2012 2010-2011 fiscal year only and |
| 296 | notwithstanding any other provision of law to the contrary, in |
| 297 | addition to the spending authorized in subsection (1), moneys in |
| 298 | the General Inspection Trust Fund may be appropriated for |
| 299 | programs operated by the department which are related to the |
| 300 | programs authorized by this chapter. This subsection expires |
| 301 | July 1, 2012 2011. |
| 302 | Section 21. In order to implement Specific Appropriation |
| 303 | 1703Z of the 2011-2012 General Appropriations Act, subsection |
| 304 | (5) of section 403.7095, Florida Statutes, is amended to read: |
| 305 | 403.7095 Solid waste management grant program.- |
| 306 | (5) Notwithstanding any provision of this section to the |
| 307 | contrary, and for the 2011-2012 2010-2011 fiscal year only, the |
| 308 | Department of Environmental Protection shall award the sum of |
| 309 | $2,400,000 in grants equally to counties having populations of |
| 310 | fewer than 100,000 for waste tire and litter prevention, |
| 311 | recycling education, and general solid waste programs. This |
| 312 | subsection expires July 1, 2012 2011. |
| 313 | Section 22. In order to implement Specific Appropriation |
| 314 | 1430 of the 2011-2012 General Appropriations Act and to provide |
| 315 | consistency and continuity in the promotion of agriculture |
| 316 | throughout the state, notwithstanding s. 287.057, Florida |
| 317 | Statutes, the Department of Agriculture and Consumer Services, |
| 318 | at its discretion, may extend, revise, and renew current |
| 319 | contracts or agreements created or entered into pursuant to |
| 320 | chapter 2006-25, Laws of Florida. This section expires July 1, |
| 321 | 2012. |
| 322 | Section 23. In order to implement Specific Appropriations |
| 323 | 1918A through 1919, 1925A through 1925D, 1938C through 1939, and |
| 324 | 1976A through 1976K of the 2011-2012 General Appropriations Act, |
| 325 | paragraph (a) of subsection (4) of section 339.135, Florida |
| 326 | Statutes, is amended to read: |
| 327 | 339.135 Work program; legislative budget request; |
| 328 | definitions; preparation, adoption, execution, and amendment.- |
| 329 | (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.- |
| 330 | (a)1. To assure that no district or county is penalized |
| 331 | for local efforts to improve the State Highway System, the |
| 332 | department shall, for the purpose of developing a tentative work |
| 333 | program, allocate funds for new construction to the districts, |
| 334 | except for the turnpike enterprise, based on equal parts of |
| 335 | population and motor fuel tax collections. Funds for |
| 336 | resurfacing, bridge repair and rehabilitation, bridge fender |
| 337 | system construction or repair, public transit projects except |
| 338 | public transit block grants as provided in s. 341.052, and other |
| 339 | programs with quantitative needs assessments shall be allocated |
| 340 | based on the results of these assessments. The department may |
| 341 | not transfer any funds allocated to a district under this |
| 342 | paragraph to any other district except as provided in subsection |
| 343 | (7). Funds for public transit block grants shall be allocated to |
| 344 | the districts pursuant to s. 341.052. Funds for the intercity |
| 345 | bus program provided for under s. 5311(f) of the federal |
| 346 | nonurbanized area formula program shall be administered and |
| 347 | allocated directly to eligible bus carriers as defined in s. |
| 348 | 341.031(12) at the state level rather than the district. In |
| 349 | order to provide state funding to support the intercity bus |
| 350 | program provided for under provisions of the federal 5311(f) |
| 351 | program, the department shall allocate an amount equal to the |
| 352 | federal share of the 5311(f) program from amounts calculated |
| 353 | pursuant to s. 206.46(3). |
| 354 | 2. Notwithstanding the provisions of subparagraph 1., the |
| 355 | department shall allocate at least 50 percent of any new |
| 356 | discretionary highway capacity funds to the Florida Strategic |
| 357 | Intermodal System created pursuant to s. 339.61. Any remaining |
| 358 | new discretionary highway capacity funds shall be allocated to |
| 359 | the districts for new construction as provided in subparagraph |
| 360 | 1. For the purposes of this subparagraph, the term "new |
| 361 | discretionary highway capacity funds" means any funds available |
| 362 | to the department above the prior year funding level for |
| 363 | capacity improvements, which the department has the discretion |
| 364 | to allocate to highway projects. |
| 365 | 3. Notwithstanding subparagraphs 1. and 2. and ss. |
| 366 | 201.15(1)(c)1.a.-d., 206.46(3), 334.044(26), and 339.2819(3), |
| 367 | and for the 2011-2012 2010-2011 fiscal year only, the department |
| 368 | shall reduce work program levels to balance the finance plan to |
| 369 | the revised funding levels resulting from any reduction in the |
| 370 | 2011-2012 2010-2011 General Appropriations Act. This |
| 371 | subparagraph expires July 1, 2012 2011. |
| 372 | 4. For the 2011-2012 2009-2010 fiscal year only, prior to |
| 373 | any project or phase thereof being deferred, the department's |
| 374 | cash balances shall be as provided in paragraph (6)(b), and the |
| 375 | reductions in subparagraph 3. shall be made to financial |
| 376 | projects not programmed for contract letting as identified with |
| 377 | a work program contract class code 8 and the box code RV. These |
| 378 | reductions shall not negatively impact safety or maintenance or |
| 379 | project contingency percentage levels as of March 22, 2011 April |
| 380 | 21, 2009. This subparagraph expires July 1, 2012 2010. |
| 381 | 5. Notwithstanding subparagraphs 1. and 2. and ss. |
| 382 | 206.46(3) and 334.044(26), and for fiscal years 2009-2010 |
| 383 | through 2013-2014 only, the department shall annually allocate |
| 384 | up to $15 million of the first proceeds of the increased |
| 385 | revenues estimated by the November 2009 Revenue Estimating |
| 386 | Conference to be deposited into the State Transportation Trust |
| 387 | Fund to provide for the portion of the transfer of funds |
| 388 | included in s. 343.58(4)(a)1.a. or 2.a., whichever is |
| 389 | applicable. The transfer of funds included in s. 343.58(4) shall |
| 390 | not negatively impact projects included in fiscal years 2009- |
| 391 | 2010 through 2013-2014 of the work program as of July 1, 2009, |
| 392 | as amended pursuant to subsection (7). This subparagraph expires |
| 393 | July 1, 2014. |
| 394 | Section 24. In order to implement Specific Appropriations |
| 395 | 1918B and 1938S of the 2011-2012 General Appropriations Act, |
| 396 | subsection (5) of section 339.135, Florida Statutes, is amended |
| 397 | to read: |
| 398 | 339.135 Work program; legislative budget request; |
| 399 | definitions; preparation, adoption, execution, and amendment.- |
| 400 | (5) ADOPTION OF THE WORK PROGRAM.- |
| 401 | (a) The original approved budget for operational and fixed |
| 402 | capital expenditures for the department shall be the Governor's |
| 403 | budget recommendation and the first year of the tentative work |
| 404 | program, as both are amended by the General Appropriations Act |
| 405 | and any other act containing appropriations. In accordance with |
| 406 | the appropriations act, the department shall, prior to the |
| 407 | beginning of the fiscal year, adopt a final work program which |
| 408 | shall only include the original approved budget for the |
| 409 | department for the ensuing fiscal year together with any roll |
| 410 | forwards approved pursuant to paragraph (6)(c) and the portion |
| 411 | of the tentative work program for the following 4 fiscal years |
| 412 | revised in accordance with the original approved budget for the |
| 413 | department for the ensuing fiscal year together with said roll |
| 414 | forwards. The adopted work program may include only those |
| 415 | projects submitted as part of the tentative work program |
| 416 | developed under the provisions of subsection (4) plus any |
| 417 | projects which are separately identified by specific |
| 418 | appropriation in the General Appropriations Act and any roll |
| 419 | forwards approved pursuant to paragraph (6)(c). However, any |
| 420 | transportation project of the department which is identified by |
| 421 | specific appropriation in the General Appropriations Act shall |
| 422 | be deducted from the funds annually distributed to the |
| 423 | respective district pursuant to paragraph (4)(a). In addition, |
| 424 | the department shall not in any year include any project or |
| 425 | allocate funds to a program in the adopted work program that is |
| 426 | contrary to existing law for that particular year. Projects |
| 427 | shall not be undertaken unless they are listed in the adopted |
| 428 | work program. |
| 429 | (b) Notwithstanding paragraph (a), and for the 2011-2012 |
| 430 | 2010-2011 fiscal year only, the Department of Transportation |
| 431 | shall transfer funds to the Office of Tourism, Trade, and |
| 432 | Economic Development in an amount equal to $15,300,000 |
| 433 | $20,300,000 for the purpose of funding transportation-related |
| 434 | needs of economic development projects. This transfer shall not |
| 435 | reduce, delete, or defer any existing projects funded, as of |
| 436 | July 1, 2011 2009, in the Department of Transportation's 5-year |
| 437 | work program. This paragraph expires July 1, 2012 2011. |
| 438 | (c) Notwithstanding paragraph (a), and for the 2011-2012 |
| 439 | fiscal year only, the Department of Transportation shall fund |
| 440 | airport development projects specified in the General |
| 441 | Appropriations Act and shall not reduce, delete, or defer any |
| 442 | existing projects funded, as of July 1, 2011, in the Department |
| 443 | of Transportation's 5-year work program. This paragraph expires |
| 444 | July 1, 2012. |
| 445 | Section 25. In order to implement section 72 of the 2011- |
| 446 | 2012 General Appropriations Act, subsection (4) of section |
| 447 | 339.08, Florida Statutes, is amended to read: |
| 448 | 339.08 Use of moneys in State Transportation Trust Fund.- |
| 449 | (4) For the 2011-2012 2010-2011 fiscal year only and |
| 450 | notwithstanding the provisions of this section and ss. 339.09(1) |
| 451 | and 215.32(2)(b)4., funds may be transferred from the State |
| 452 | Transportation Trust Fund to the State School Trust Fund or the |
| 453 | General Revenue Fund as specified in the General Appropriations |
| 454 | Act. Notwithstanding ss. 206.46(3) and 206.606(2), the total |
| 455 | amount transferred shall be reduced from total state revenues |
| 456 | deposited into the State Transportation Trust Fund for the |
| 457 | calculation requirements of ss. 206.46(3) and 206.606(2). This |
| 458 | subsection expires July 1, 2012 2011. |
| 459 | Section 26. In order to implement Specific Appropriation |
| 460 | 2008 of the 2011-2012 General Appropriations Act, subsection |
| 461 | (11) of section 445.009, Florida Statutes, is amended to read: |
| 462 | 445.009 One-stop delivery system.- |
| 463 | (11)(a) A participant in an adult or youth work experience |
| 464 | activity administered under this chapter shall be deemed an |
| 465 | employee of the state for purposes of workers' compensation |
| 466 | coverage. In determining the average weekly wage, all |
| 467 | remuneration received from the employer shall be considered a |
| 468 | gratuity, and the participant shall not be entitled to any |
| 469 | benefits otherwise payable under s. 440.15, regardless of |
| 470 | whether the participant may be receiving wages and remuneration |
| 471 | from other employment with another employer and regardless of |
| 472 | his or her future wage-earning capacity. |
| 473 | (b) This subsection expires July 1, 2012 2011. |
| 474 | Section 27. In order to implement Specific Appropriation |
| 475 | 1498 of the 2011-2012 General Appropriations Act, paragraph (d) |
| 476 | of subsection (3) of section 163.3247, Florida Statutes, is |
| 477 | reenacted to read: |
| 478 | 163.3247 Century Commission for a Sustainable Florida.- |
| 479 | (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; |
| 480 | CREATION; ORGANIZATION.-The Century Commission for a Sustainable |
| 481 | Florida is created as a standing body to help the citizens of |
| 482 | this state envision and plan their collective future with an eye |
| 483 | towards both 25-year and 50-year horizons. |
| 484 | (d) Members of the commission shall serve without |
| 485 | compensation. |
| 486 | Section 28. The amendment to s. 163.3247(3)(d), Florida |
| 487 | Statutes, as carried forward by this act from chapter 2010-153, |
| 488 | Laws of Florida, shall expire on July 1, 2012, and the text of |
| 489 | that paragraph shall revert to that in existence on June 30, |
| 490 | 2010, except that any amendments to such text enacted other than |
| 491 | by this act shall be preserved and continue to operate to the |
| 492 | extent that such amendments are not dependent upon the portions |
| 493 | of such text which expire pursuant to this section. |
| 494 | Section 29. In order to implement Specific Appropriation |
| 495 | 1498 of the 2011-2012 General Appropriations Act, paragraph (c) |
| 496 | of subsection (1) of section 201.15, Florida Statutes, is |
| 497 | reenacted to read: |
| 498 | 201.15 Distribution of taxes collected.-All taxes |
| 499 | collected under this chapter are subject to the service charge |
| 500 | imposed in s. 215.20(1). Prior to distribution under this |
| 501 | section, the Department of Revenue shall deduct amounts |
| 502 | necessary to pay the costs of the collection and enforcement of |
| 503 | the tax levied by this chapter. Such costs and the service |
| 504 | charge may not be levied against any portion of taxes pledged to |
| 505 | debt service on bonds to the extent that the costs and service |
| 506 | charge are required to pay any amounts relating to the bonds. |
| 507 | After distributions are made pursuant to subsection (1), all of |
| 508 | the costs of the collection and enforcement of the tax levied by |
| 509 | this chapter and the service charge shall be available and |
| 510 | transferred to the extent necessary to pay debt service and any |
| 511 | other amounts payable with respect to bonds authorized before |
| 512 | January 1, 2010, secured by revenues distributed pursuant to |
| 513 | subsection (1). All taxes remaining after deduction of costs and |
| 514 | the service charge shall be distributed as follows: |
| 515 | (1) Sixty-three and thirty-one hundredths percent of the |
| 516 | remaining taxes shall be used for the following purposes: |
| 517 | (c) After the required payments under paragraphs (a) and |
| 518 | (b), the remainder shall be paid into the State Treasury to the |
| 519 | credit of: |
| 520 | 1. The State Transportation Trust Fund in the Department |
| 521 | of Transportation in the amount of the lesser of 38.2 percent of |
| 522 | the remainder or $541.75 million in each fiscal year, to be used |
| 523 | for the following specified purposes, notwithstanding any other |
| 524 | law to the contrary: |
| 525 | a. For the purposes of capital funding for the New Starts |
| 526 | Transit Program, authorized by Title 49, U.S.C. s. 5309 and |
| 527 | specified in s. 341.051, 10 percent of these funds; |
| 528 | b. For the purposes of the Small County Outreach Program |
| 529 | specified in s. 339.2818, 5 percent of these funds. Effective |
| 530 | July 1, 2014, the percentage allocated under this sub- |
| 531 | subparagraph shall be increased to 10 percent; |
| 532 | c. For the purposes of the Strategic Intermodal System |
| 533 | specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent |
| 534 | of these funds after allocating for the New Starts Transit |
| 535 | Program described in sub-subparagraph a. and the Small County |
| 536 | Outreach Program described in sub-subparagraph b.; and |
| 537 | d. For the purposes of the Transportation Regional |
| 538 | Incentive Program specified in s. 339.2819, 25 percent of these |
| 539 | funds after allocating for the New Starts Transit Program |
| 540 | described in sub-subparagraph a. and the Small County Outreach |
| 541 | Program described in sub-subparagraph b. Effective July 1, 2014, |
| 542 | the first $60 million of the funds allocated pursuant to this |
| 543 | sub-subparagraph shall be allocated annually to the Florida Rail |
| 544 | Enterprise for the purposes established in s. 341.303(5). |
| 545 | 2. The Grants and Donations Trust Fund in the Department |
| 546 | of Community Affairs in the amount of the lesser of .23 percent |
| 547 | of the remainder or $3.25 million in each fiscal year to fund |
| 548 | technical assistance to local governments and school boards on |
| 549 | the requirements and implementation of this act. |
| 550 | 3. The Ecosystem Management and Restoration Trust Fund in |
| 551 | the amount of the lesser of 2.12 percent of the remainder or $30 |
| 552 | million in each fiscal year, to be used for the preservation and |
| 553 | repair of the state's beaches as provided in ss. 161.091- |
| 554 | 161.212. |
| 555 | 4. General Inspection Trust Fund in the amount of the |
| 556 | lesser of .02 percent of the remainder or $300,000 in each |
| 557 | fiscal year to be used to fund oyster management and restoration |
| 558 | programs as provided in s. 379.362(3). |
| 559 |
|
| 560 | Moneys distributed pursuant to this paragraph may not be pledged |
| 561 | for debt service unless such pledge is approved by referendum of |
| 562 | the voters. |
| 563 | Section 30. The amendment to s. 201.15(1)(c)2., Florida |
| 564 | Statutes, as carried forward by this act from chapter 2010-153, |
| 565 | Laws of Florida, shall expire on July 1, 2012, and the text of |
| 566 | that subparagraph shall revert to that in existence on June 30, |
| 567 | 2010, except that any amendments to such text enacted other than |
| 568 | by this act shall be preserved and continue to operate to the |
| 569 | extent that such amendments are not dependent upon the portions |
| 570 | of such text which expire pursuant to this section. |
| 571 | Section 31. In order to implement Specific Appropriations |
| 572 | 1918A through 1919, 1925A through 1925D, 1938C through 1939, and |
| 573 | 1976A through 1976K of the 2011-2012 General Appropriations Act, |
| 574 | subsection (3) of section 206.608, Florida Statutes, is amended |
| 575 | to read: |
| 576 | 206.608 State Comprehensive Enhanced Transportation System |
| 577 | Tax; deposit of proceeds; distribution.-Moneys received pursuant |
| 578 | to ss. 206.41(1)(f) and 206.87(1)(d) shall be deposited in the |
| 579 | Fuel Tax Collection Trust Fund, and, after deducting the service |
| 580 | charge imposed in chapter 215 and administrative costs incurred |
| 581 | by the department in collecting, administering, enforcing, and |
| 582 | distributing the tax, which administrative costs may not exceed |
| 583 | 2 percent of collections, shall be distributed as follows: |
| 584 | (3) For the 2011-2012 2010-2011 fiscal year only, and |
| 585 | notwithstanding the provisions of subsection (2), the remaining |
| 586 | proceeds of the tax levied pursuant to s. 206.41(1)(f) and all |
| 587 | of the proceeds from the tax imposed by s. 206.87(1)(d) shall be |
| 588 | transferred into the State Transportation Trust Fund and shall |
| 589 | be used for the purposes stated in s. 339.08. This subsection |
| 590 | expires July 1, 2012 2011. |
| 591 | Section 32. In order to implement the appropriation of |
| 592 | funds in Special Categories-Risk Management Insurance of the |
| 593 | 2011-2012 General Appropriations Act, and pursuant to the |
| 594 | notice, review, and objection procedures of s. 216.177, Florida |
| 595 | Statutes, the Executive Office of the Governor is authorized to |
| 596 | transfer funds appropriated in the appropriation category |
| 597 | "Special Categories-Risk Management Insurance" of the 2011-2012 |
| 598 | General Appropriations Act between departments in order to align |
| 599 | the budget authority granted with the premiums paid by each |
| 600 | department for risk management insurance. This section expires |
| 601 | July 1, 2012. |
| 602 | Section 33. In order to implement the appropriation of |
| 603 | funds in Special Categories-Transfer to Department of Management |
| 604 | Services-Human Resources Services Purchased Per Statewide |
| 605 | Contract of the 2011-2012 General Appropriations Act, and |
| 606 | pursuant to the notice, review, and objection procedures of s. |
| 607 | 216.177, Florida Statutes, the Executive Office of the Governor |
| 608 | is authorized to transfer funds appropriated in the |
| 609 | appropriation category "Special Categories-Transfer to |
| 610 | Department of Management Services-Human Resources Services |
| 611 | Purchased Per Statewide Contract" of the 2011-2012 General |
| 612 | Appropriations Act between departments in order to align the |
| 613 | budget authority granted with the assessments that must be paid |
| 614 | by each agency to the Department of Management Services for |
| 615 | human resource management services. This section expires July 1, |
| 616 | 2012. |
| 617 | Section 34. In order to implement specific appropriations |
| 618 | for salaries and benefits in the 2011-2012 General |
| 619 | Appropriations Act, paragraph (a) of subsection (12) of section |
| 620 | 110.123, Florida Statutes, is amended to read: |
| 621 | 110.123 State group insurance program.- |
| 622 | (12) HEALTH SAVINGS ACCOUNTS.-The department is authorized |
| 623 | to establish health savings accounts for full-time and part-time |
| 624 | state employees in association with a health insurance plan |
| 625 | option authorized by the Legislature and conforming to the |
| 626 | requirements and limitations of federal provisions relating to |
| 627 | the Medicare Prescription Drug, Improvement, and Modernization |
| 628 | Act of 2003. |
| 629 | (a)1. A member participating in this health insurance plan |
| 630 | option shall be eligible to receive an employer contribution |
| 631 | into the employee's health savings account from the State |
| 632 | Employees Health Insurance Trust Fund in an amount to be |
| 633 | determined by the Legislature. A member is not eligible for an |
| 634 | employer contribution upon termination of employment. For the |
| 635 | 2011-2012 2010-2011 fiscal year, the state's monthly |
| 636 | contribution for employees having individual coverage shall be |
| 637 | $41.66 and the monthly contribution for employees having family |
| 638 | coverage shall be $83.33. |
| 639 | 2. A member participating in this health insurance plan |
| 640 | option shall be eligible to deposit the member's own funds into |
| 641 | a health savings account. |
| 642 | Section 35. In order to implement specific appropriations |
| 643 | for salaries and benefits in the 2011-2012 General |
| 644 | Appropriations Act, paragraph (b) of subsection (3) of section |
| 645 | 112.24, Florida Statutes, is amended to read: |
| 646 | 112.24 Intergovernmental interchange of public employees.- |
| 647 | To encourage economical and effective utilization of public |
| 648 | employees in this state, the temporary assignment of employees |
| 649 | among agencies of government, both state and local, and |
| 650 | including school districts and public institutions of higher |
| 651 | education is authorized under terms and conditions set forth in |
| 652 | this section. State agencies, municipalities, and political |
| 653 | subdivisions are authorized to enter into employee interchange |
| 654 | agreements with other state agencies, the Federal Government, |
| 655 | another state, a municipality, or a political subdivision |
| 656 | including a school district, or with a public institution of |
| 657 | higher education. State agencies are also authorized to enter |
| 658 | into employee interchange agreements with private institutions |
| 659 | of higher education and other nonprofit organizations under the |
| 660 | terms and conditions provided in this section. In addition, the |
| 661 | Governor or the Governor and Cabinet may enter into employee |
| 662 | interchange agreements with a state agency, the Federal |
| 663 | Government, another state, a municipality, or a political |
| 664 | subdivision including a school district, or with a public |
| 665 | institution of higher learning to fill, subject to the |
| 666 | requirements of chapter 20, appointive offices which are within |
| 667 | the executive branch of government and which are filled by |
| 668 | appointment by the Governor or the Governor and Cabinet. Under |
| 669 | no circumstances shall employee interchange agreements be |
| 670 | utilized for the purpose of assigning individuals to participate |
| 671 | in political campaigns. Duties and responsibilities of |
| 672 | interchange employees shall be limited to the mission and goals |
| 673 | of the agencies of government. |
| 674 | (3) Salary, leave, travel and transportation, and |
| 675 | reimbursements for an employee of a sending party that is |
| 676 | participating in an interchange program shall be handled as |
| 677 | follows: |
| 678 | (b)1. The assignment of an employee of a state agency |
| 679 | either on detail or on leave of absence may be made without |
| 680 | reimbursement by the receiving party for the travel and |
| 681 | transportation expenses to or from the place of the assignment |
| 682 | or for the pay and benefits, or a part thereof, of the employee |
| 683 | during the assignment. |
| 684 | 2. For the 2011-2012 2010-2011 fiscal year only, the |
| 685 | assignment of an employee of a state agency as provided in |
| 686 | subparagraph 1. may be made if recommended by the Governor or |
| 687 | Chief Justice, as appropriate, and approved by the chairs of the |
| 688 | Senate Budget Committee Policy and Steering Committee on Ways |
| 689 | and Means and the House Appropriations Committee Full |
| 690 | Appropriations Council on Education and Economic Development. |
| 691 | Such actions shall be deemed approved if neither chair provides |
| 692 | written notice of objection within 14 days after the chair's |
| 693 | receiving notice of the action pursuant to s. 216.177. This |
| 694 | subparagraph expires July 1, 2012 2011. |
| 695 | Section 36. In order to implement Specific Appropriations |
| 696 | 2536 and 2537 of the 2011-2012 General Appropriations Act and |
| 697 | notwithstanding the provisions of s. 11.13(1), Florida Statutes, |
| 698 | the authorized salaries for members of the Legislature for |
| 699 | fiscal year 2011-2012 shall be set at the same level in effect |
| 700 | on July 1, 2010. This section expires July 1, 2012. |
| 701 | Section 37. In order to implement the transfer of funds to |
| 702 | the State School Trust Fund from trust funds in the 2011-2012 |
| 703 | General Appropriations Act, paragraph (b) of subsection (2) of |
| 704 | section 215.32, Florida Statutes, is amended to read: |
| 705 | 215.32 State funds; segregation.- |
| 706 | (2) The source and use of each of these funds shall be as |
| 707 | follows: |
| 708 | (b)1. The trust funds shall consist of moneys received by |
| 709 | the state which under law or under trust agreement are |
| 710 | segregated for a purpose authorized by law. The state agency or |
| 711 | branch of state government receiving or collecting such moneys |
| 712 | shall be responsible for their proper expenditure as provided by |
| 713 | law. Upon the request of the state agency or branch of state |
| 714 | government responsible for the administration of the trust fund, |
| 715 | the Chief Financial Officer may establish accounts within the |
| 716 | trust fund at a level considered necessary for proper |
| 717 | accountability. Once an account is established within a trust |
| 718 | fund, the Chief Financial Officer may authorize payment from |
| 719 | that account only upon determining that there is sufficient cash |
| 720 | and releases at the level of the account. |
| 721 | 2. In addition to other trust funds created by law, to the |
| 722 | extent possible, each agency shall use the following trust funds |
| 723 | as described in this subparagraph for day-to-day operations: |
| 724 | a. Operations or operating trust fund, for use as a |
| 725 | depository for funds to be used for program operations funded by |
| 726 | program revenues, with the exception of administrative |
| 727 | activities when the operations or operating trust fund is a |
| 728 | proprietary fund. |
| 729 | b. Operations and maintenance trust fund, for use as a |
| 730 | depository for client services funded by third-party payors. |
| 731 | c. Administrative trust fund, for use as a depository for |
| 732 | funds to be used for management activities that are departmental |
| 733 | in nature and funded by indirect cost earnings and assessments |
| 734 | against trust funds. Proprietary funds are excluded from the |
| 735 | requirement of using an administrative trust fund. |
| 736 | d. Grants and donations trust fund, for use as a |
| 737 | depository for funds to be used for allowable grant or donor |
| 738 | agreement activities funded by restricted contractual revenue |
| 739 | from private and public nonfederal sources. |
| 740 | e. Agency working capital trust fund, for use as a |
| 741 | depository for funds to be used pursuant to s. 216.272. |
| 742 | f. Clearing funds trust fund, for use as a depository for |
| 743 | funds to account for collections pending distribution to lawful |
| 744 | recipients. |
| 745 | g. Federal grant trust fund, for use as a depository for |
| 746 | funds to be used for allowable grant activities funded by |
| 747 | restricted program revenues from federal sources. |
| 748 |
|
| 749 | To the extent possible, each agency must adjust its internal |
| 750 | accounting to use existing trust funds consistent with the |
| 751 | requirements of this subparagraph. If an agency does not have |
| 752 | trust funds listed in this subparagraph and cannot make such |
| 753 | adjustment, the agency must recommend the creation of the |
| 754 | necessary trust funds to the Legislature no later than the next |
| 755 | scheduled review of the agency's trust funds pursuant to s. |
| 756 | 215.3206. |
| 757 | 3. All such moneys are hereby appropriated to be expended |
| 758 | in accordance with the law or trust agreement under which they |
| 759 | were received, subject always to the provisions of chapter 216 |
| 760 | relating to the appropriation of funds and to the applicable |
| 761 | laws relating to the deposit or expenditure of moneys in the |
| 762 | State Treasury. |
| 763 | 4.a. Notwithstanding any provision of law restricting the |
| 764 | use of trust funds to specific purposes, unappropriated cash |
| 765 | balances from selected trust funds may be authorized by the |
| 766 | Legislature for transfer to the State School Trust Fund, Budget |
| 767 | Stabilization Fund, and General Revenue Fund in the General |
| 768 | Appropriations Act. |
| 769 | b. This subparagraph does not apply to trust funds |
| 770 | required by federal programs or mandates; trust funds |
| 771 | established for bond covenants, indentures, or resolutions whose |
| 772 | revenues are legally pledged by the state or public body to meet |
| 773 | debt service or other financial requirements of any debt |
| 774 | obligations of the state or any public body; the Division of |
| 775 | Licensing Trust Fund in the Department of Agriculture and |
| 776 | Consumer Services; the State Transportation Trust Fund; the |
| 777 | trust fund containing the net annual proceeds from the Florida |
| 778 | Education Lotteries; the Florida Retirement System Trust Fund; |
| 779 | trust funds under the management of the State Board of Education |
| 780 | or the Board of Governors of the State University System, where |
| 781 | such trust funds are for auxiliary enterprises, self-insurance, |
| 782 | and contracts, grants, and donations, as those terms are defined |
| 783 | by general law; trust funds that serve as clearing funds or |
| 784 | accounts for the Chief Financial Officer or state agencies; |
| 785 | trust funds that account for assets held by the state in a |
| 786 | trustee capacity as an agent or fiduciary for individuals, |
| 787 | private organizations, or other governmental units; and other |
| 788 | trust funds authorized by the State Constitution. |
| 789 | Section 38. The amendment to s. 215.32(2)(b), Florida |
| 790 | Statutes, as carried forward by this act from chapter 2010-153, |
| 791 | Laws of Florida, shall expire on July 1, 2012, and the text of |
| 792 | that paragraph shall revert to that in existence on June 30, |
| 793 | 2010, except that any amendments to such text enacted other than |
| 794 | by this act shall be preserved and continue to operate to the |
| 795 | extent that such amendments are not dependent upon the portions |
| 796 | of such text which expire pursuant to this section. |
| 797 | Section 39. In order to implement the issuance of new debt |
| 798 | authorized in the 2011-2012 General Appropriations Act, and |
| 799 | pursuant to the requirements of s. 215.98, Florida Statutes, the |
| 800 | Legislature determines that the authorization and issuance of |
| 801 | debt for the 2011-2012 fiscal year should be implemented and is |
| 802 | in the best interest of the state and necessary to address a |
| 803 | critical state emergency. This section expires July 1, 2012. |
| 804 | Section 40. In order to implement the funds appropriated |
| 805 | in the 2011-2012 General Appropriations Act for state employee |
| 806 | travel, the funds appropriated to each state agency, which may |
| 807 | be used for travel by state employees, shall be limited during |
| 808 | the 2011-2012 fiscal year to travel for activities that are |
| 809 | critical to each state agency's mission. Funds may not be used |
| 810 | to pay for travel by state employees to foreign countries, other |
| 811 | states, conferences, staff-training activities, or other |
| 812 | administrative functions unless the agency head has approved in |
| 813 | writing that such activities are critical to the agency's |
| 814 | mission. The agency head must consider the use of |
| 815 | teleconferencing and other forms of electronic communication to |
| 816 | meet the needs of the proposed activity before approving |
| 817 | mission-critical travel. This section does not apply to travel |
| 818 | for law enforcement purposes, military purposes, emergency |
| 819 | management activities, or public health activities. This section |
| 820 | expires July 1, 2012. |
| 821 | Section 41. In order to implement the appropriations |
| 822 | authorized in the 2011-2012 General Appropriations Act for each |
| 823 | of the state's designated primary data centers, which are funded |
| 824 | from the data processing appropriation category and other |
| 825 | categories used to pay for computing services of user agencies, |
| 826 | and pursuant to the notice, review, and objection procedures of |
| 827 | s. 216.177, Florida Statutes, the Executive Office of the |
| 828 | Governor is authorized to transfer funds appropriated in any |
| 829 | appropriation category used to pay for data processing in the |
| 830 | 2011-2012 General Appropriations Act between agencies in order |
| 831 | to align the budget authority granted with the utilization rate |
| 832 | of each department. This section expires July 1, 2012. |
| 833 | Section 42. In order to implement the appropriations |
| 834 | authorized in the 2011-2012 General Appropriations Act and |
| 835 | notwithstanding s. 216.181(2)(c), Florida Statutes, an agency |
| 836 | may transfer funds from the data processing appropriation |
| 837 | categories to another appropriation category for the purpose of |
| 838 | supporting and managing its computer resources until such time |
| 839 | as the agency's data processing function is transferred to the |
| 840 | Southwood Shared Resource Center, the Northwood Shared Resource |
| 841 | Center, or the Northwest Regional Data Center. This section |
| 842 | expires July 1, 2012. |
| 843 | Section 43. In order to implement Specific Appropriation |
| 844 | 1983B of the 2011-2012 General Appropriations Act, the Executive |
| 845 | Office of the Governor is authorized to transfer funds |
| 846 | appropriated in the appropriation category "Data Processing |
| 847 | Services - Southwood Shared Resource Center" of the 2011-2012 |
| 848 | General Appropriations Act between agencies in order to properly |
| 849 | allocate a reduction in budget for the Southwood Shared Resource |
| 850 | Center. This section expires July 1, 2012. |
| 851 | Section 44. In order to implement Specific Appropriation |
| 852 | 1978A of the 2011-2012 General Appropriations Act, the Executive |
| 853 | Office of the Governor is authorized to transfer funds |
| 854 | appropriated in the appropriation category "Expenses" of the |
| 855 | 2011-2012 General Appropriations Act between agencies in order |
| 856 | to allocate a reduction relating to SUNCOM Services. This |
| 857 | section expires July 1, 2012. |
| 858 | Section 45. In order to implement section 8 of the General |
| 859 | Appropriations Act for the 2011-2012 fiscal year, paragraph (a) |
| 860 | of subsection (7) of section 110.12315, Florida Statutes, is |
| 861 | reenacted to read: |
| 862 | 110.12315 Prescription drug program.-The state employees' |
| 863 | prescription drug program is established. This program shall be |
| 864 | administered by the Department of Management Services, according |
| 865 | to the terms and conditions of the plan as established by the |
| 866 | relevant provisions of the annual General Appropriations Act and |
| 867 | implementing legislation, subject to the following conditions: |
| 868 | (7) Under the state employees' prescription drug program |
| 869 | copayments must be made as follows: |
| 870 | (a) Effective January 1, 2011, for the State Group Health |
| 871 | Insurance Standard Plan: |
| 872 | 1. For generic drug with card $7. |
| 873 | 2. For preferred brand name drug with card $30. |
| 874 | 3. For nonpreferred brand name drug with card $50. |
| 875 | 4. For generic mail order drug $14. |
| 876 | 5. For preferred brand name mail order drug $60. |
| 877 | 6. For nonpreferred brand name mail order drug $100. |
| 878 | Section 46. The amendment to s. 110.12315(7)(a), Florida |
| 879 | Statutes, as carried forward by this act from chapter 2010-153, |
| 880 | Laws of Florida, shall expire on July 1, 2012, and the text of |
| 881 | that paragraph shall revert to that in existence on December 31, |
| 882 | 2010, except that any amendments to such text enacted other than |
| 883 | by this act shall be preserved and continue to operate to the |
| 884 | extent that such amendments are not dependent upon the portions |
| 885 | of such text which expire pursuant to this section. |
| 886 | Section 47. Any section of this act that implements a |
| 887 | specific appropriation or specifically identified proviso |
| 888 | language in the 2011-2012 General Appropriations Act is void if |
| 889 | the specific appropriation or specifically identified proviso |
| 890 | language is vetoed. A section of this act that implements more |
| 891 | than one specific appropriation or more than one portion of |
| 892 | specifically identified proviso language in the 2011-2012 |
| 893 | General Appropriations Act is void if all the specific |
| 894 | appropriations or portions of specifically identified proviso |
| 895 | language are vetoed. |
| 896 | Section 48. If any other act passed during the 2011 |
| 897 | Regular Session contains a provision that is substantively the |
| 898 | same as a provision in this act, but that removes or is |
| 899 | otherwise not subject to the future repeal applied to such |
| 900 | provision by this act, the Legislature intends that the |
| 901 | provision in the other act takes precedence and continues to |
| 902 | operate, notwithstanding the future repeal provided by this act. |
| 903 | Section 49. If any provision of this act or its |
| 904 | application to any person or circumstance is held invalid, the |
| 905 | invalidity does not affect other provisions or applications of |
| 906 | the act which can be given effect without the invalid provision |
| 907 | or application, and to this end the provisions of this act are |
| 908 | severable. |
| 909 | Section 50. Except as otherwise expressly provided in this |
| 910 | act and except for this section, which shall take effect June |
| 911 | 29, 2011, this act shall take effect July 1, 2011; or, if this |
| 912 | act fails to become a law until after that date, it shall take |
| 913 | effect upon becoming a law and shall operate retroactively to |
| 914 | July 1, 2011. |
| 915 |
|
| 916 |
|
| 917 | ----------------------------------------------------- |
| 918 | T I T L E A M E N D M E N T |
| 919 | Remove the entire title and insert: |
| 920 | A bill to be entitled |
| 921 | An act relating to implementing the 2011-2012 General |
| 922 | Appropriations Act; providing legislative intent; |
| 923 | incorporating by reference certain calculations of the |
| 924 | Florida Education Finance Program for the 2011-2012 fiscal |
| 925 | year; requiring the Department of Education to distribute |
| 926 | the charter school capital outlay funding pursuant to |
| 927 | certain provisions of law; providing that the Public |
| 928 | Education Capital Outlay and Debt Service Trust Fund be |
| 929 | used as the source of the state match for private |
| 930 | contributions for the Aircraft Coating Education Facility |
| 931 | at the Florida State College; authorizing the Department |
| 932 | of Corrections and the Department of Juvenile Justice to |
| 933 | make certain expenditures to defray costs incurred by a |
| 934 | municipality or county as a result of opening or operating |
| 935 | a facility under authority of the respective department; |
| 936 | amending s. 216.262, F.S.; providing for additional |
| 937 | positions to operate additional prison bed capacity under |
| 938 | certain circumstances; amending s. 932.7055, F.S.; |
| 939 | delaying the expiration of provisions authorizing a |
| 940 | municipality to expend funds from its special law |
| 941 | enforcement trust fund to reimburse the municipality's |
| 942 | general fund; requiring that the Department of Juvenile |
| 943 | Justice comply with specified reimbursement limitations |
| 944 | with respect to payments to hospitals or health care |
| 945 | providers for health care services; authorizing certain |
| 946 | payments pursuant to a contracted rate only until the |
| 947 | contract expires or is renewed; defining the term |
| 948 | "hospital" for purposes of such limitations; amending s. |
| 949 | 394.908, F.S.; delaying the expiration of certain |
| 950 | provisions relating to the allocation requirements for |
| 951 | specified funds appropriated for forensic mental health |
| 952 | services; requiring that funds appropriated through the |
| 953 | Community-Based Medicaid Administrative Claiming Program |
| 954 | be allocated proportionately to contributed provider |
| 955 | earnings; providing requirements to govern the completion |
| 956 | of Phases 2 and 3 of the Department of Health's Florida |
| 957 | Onsite Sewage Nitrogen Reduction Strategies Study; |
| 958 | prohibiting any state agency from adopting or implementing |
| 959 | a rule or policy mandating or establishing new nitrogen- |
| 960 | reduction limits under certain circumstances; amending s. |
| 961 | 1, ch. 2007-174, Laws of Florida; extending provisions |
| 962 | relating to the reorganization activities of the |
| 963 | Department of Children and Family Services; incorporating |
| 964 | by reference certain calculations of the Medicaid Low- |
| 965 | Income Pool, Disproportionate Share Hospital and Hospital |
| 966 | Exemptions Programs for the 2011-1012 fiscal year; |
| 967 | requiring the Florida Catastrophic Storm Risk Management |
| 968 | Center at Florida State University to conduct an analysis; |
| 969 | requiring the Department of Management Services to use |
| 970 | certain interest earnings to fund the administration of |
| 971 | the MyFlorida.com portal; amending s. 253.034, F.S.; |
| 972 | authorizing the deposit of funds derived from the sale of |
| 973 | property by the Department of Citrus into the Citrus |
| 974 | Advertising Trust Fund; amending s. 375.041, F.S.; |
| 975 | providing for the transfer of moneys from the Land |
| 976 | Acquisition Trust Fund to support the Total Maximum Daily |
| 977 | Loads programs; amending s. 373.59, F.S.; providing for |
| 978 | the allocation of moneys from the Water Management Lands |
| 979 | Trust Fund for certain purposes; reenacting s. |
| 980 | 403.1651(1)(g), F.S., relating to the use of funds from |
| 981 | the Ecosystem Management and Restoration Trust Fund for |
| 982 | the purpose of funding activities to preserve and repair |
| 983 | the state's beaches; amending s. 570.20, F.S.; delaying |
| 984 | the expiration of provisions authorizing the Department of |
| 985 | Agriculture and Consumer Services to use funds from the |
| 986 | General Inspection Trust Fund for certain programs; |
| 987 | amending s. 403.7095, F.S.; requiring that the Department |
| 988 | of Environmental Protection award a specified amount in |
| 989 | grants equally to certain counties for waste tire and |
| 990 | litter prevention, recycling education, and general solid |
| 991 | waste programs; authorizing the Department of Agriculture |
| 992 | and Consumer Services to extend, revise, and renew current |
| 993 | contracts or agreements created or entered into for the |
| 994 | purpose of promotion of agriculture; amending s. 339.135, |
| 995 | F.S.; delaying the expiration of certain provisions that |
| 996 | permit the Department of Transportation to reduce work |
| 997 | program levels to balance the finance plan to revised |
| 998 | funding levels; delaying the expiration of certain |
| 999 | provisions relating to the specifications of the |
| 1000 | department's cash balances before a project or phase may |
| 1001 | be deferred; providing that certain reductions shall not |
| 1002 | negatively impact safety or maintenance or project |
| 1003 | contingency percentage levels as of a specified date; |
| 1004 | providing for use of transportation revenues; requiring |
| 1005 | that the Department of Transportation transfer funds to |
| 1006 | the Office of Tourism, Trade, and Economic Development for |
| 1007 | the purpose of funding transportation-related needs of |
| 1008 | economic development projects; requiring the Department of |
| 1009 | Transportation to fund certain airport development |
| 1010 | projects and prohibiting the department from altering the |
| 1011 | funding for certain existing projects; amending s. 339.08, |
| 1012 | F.S.; authorizing the transfer of funds from the State |
| 1013 | Transportation Trust Fund to the State School Trust Fund |
| 1014 | under certain circumstances; amending s. 445.009, F.S.; |
| 1015 | providing that a participant in an adult or youth work |
| 1016 | experience activity under ch. 445, F.S., is an employee of |
| 1017 | the state for purposes of workers' compensation coverage; |
| 1018 | reenacting s. 163.3247(3)(d), F.S., relating to members of |
| 1019 | the Century Commission for a Sustainable Florida serving |
| 1020 | without compensation; reenacting s. 201.15, F.S., relating |
| 1021 | to funds deposited into the Grants and Donations Trust |
| 1022 | Fund in the Department of Community Affairs which are used |
| 1023 | to fund technical assistance to local governments and |
| 1024 | school boards; amending s. 206.608, F.S.; authorizing the |
| 1025 | transfer of certain tax funds to the State Transportation |
| 1026 | Trust Fund; authorizing the Executive Office of the |
| 1027 | Governor to transfer funds between departments for |
| 1028 | purposes of aligning amounts paid for risk management |
| 1029 | premiums and for purposes of aligning amounts paid for |
| 1030 | human resource management services; amending s. 110.123, |
| 1031 | F.S.; providing for the state's monthly contribution for |
| 1032 | employees under the state group insurance program; |
| 1033 | amending s. 112.24, F.S.; providing conditions on the |
| 1034 | assignment of an employee of a state agency without |
| 1035 | reimbursement from the receiving agency; updating |
| 1036 | legislative committee titles; providing that the annual |
| 1037 | salaries for members of the Legislature be set at a |
| 1038 | certain level; amending s. 215.32, F.S.; authorizing the |
| 1039 | transfer of certain unappropriated cash balances from |
| 1040 | selected trust funds to the State School Trust Fund; |
| 1041 | providing for the authorization and issuance of new debt; |
| 1042 | limiting the use of travel funds to activities that are |
| 1043 | critical to an agency's mission; providing exceptions; |
| 1044 | authorizing the Executive Office of the Governor to |
| 1045 | transfer funds for use by the state's designated primary |
| 1046 | data centers, pursuant to statutory procedures for notice, |
| 1047 | review, and objection; authorizing agencies to transfer |
| 1048 | funds from data processing appropriation categories to |
| 1049 | other appropriation categories in order to support and |
| 1050 | manage computer resources, notwithstanding other |
| 1051 | provisions of law; authorizing the Executive Office of the |
| 1052 | Governor to transfer funds between agencies to properly |
| 1053 | allocate a reduction in budget for the Southwood Shared |
| 1054 | Resource Center; authorizing the Executive Office of the |
| 1055 | Governor to transfer funds between agencies in order to |
| 1056 | allocate a reduction relating to SUNCOM; reenacting s. |
| 1057 | 110.12315(7)(a), F.S., relating to copayments for the |
| 1058 | state employees' prescription drug program; providing for |
| 1059 | reversion of statutory text of certain provisions; |
| 1060 | providing for the effect of a veto of one or more specific |
| 1061 | appropriations or proviso to which implementing language |
| 1062 | refers; providing for the continued operation of certain |
| 1063 | provisions notwithstanding a future repeal or expiration |
| 1064 | provided by the act; providing for severability; providing |
| 1065 | effective dates. |