SB 2002 Second Engrossed
20112002e2
1 A bill to be entitled
2 An act implementing the 2011-2012 General
3 Appropriations Act; providing legislative intent;
4 incorporating by reference certain calculations of the
5 Florida Education Finance Program for the 2011-2012
6 fiscal year; amending s. 216.292, F.S.; authorizing
7 the transfer of funds between appropriation categories
8 to fund fixed capital outlay projects for public
9 schools upon certain approval; authorizing the use of
10 funds from the Workers’ Compensation Administration
11 Trust Fund for the Ready to Work Program; authorizing
12 a university board of trustees to expend reserve or
13 carry-forward balances for the establishment of a new
14 campus; amending s. 394.908, F.S.; providing
15 allocation requirements for specified funds
16 appropriated for forensic mental health services;
17 providing requirements relating to implementing phase
18 3 of the Department of Health’s Florida Onsite Sewage
19 Nitrogen Reduction Strategies Study; amending s. 1 of
20 chapter 2007-174, Laws of Florida; revising the
21 expiration of provisions authorizing certain
22 flexibility for the Department of Children and Family
23 Services with respect to its organizational structure;
24 incorporating by reference certain calculations of the
25 Medicaid Low-Income Pool, Disproportionate Share
26 Hospital, and Hospital Exemptions Programs; requiring
27 certain budget amendments recommending the release of
28 funds to provide more notice and be subject to certain
29 objection procedures; revising specified
30 appropriations in the General Appropriations Act with
31 respect to the rates for the Title XIX Inpatient
32 Hospital Reimbursement Plan; providing an
33 appropriation for certain public hospitals; revising
34 an appropriation in the General Appropriations Act to
35 implement rates for the Title XIX Outpatient Hospital
36 Reimbursement Plan; requiring the Department of Health
37 to present a plan to the Legislative Budget Commission
38 which estimates the workload and funding needs to
39 implement the onsite sewage treatment and disposal
40 system evaluation program; authorizing the Department
41 of Corrections and the Department of Juvenile Justice
42 to make certain expenditures to defray costs incurred
43 by a municipality or county as a result of opening or
44 operating a facility under the authority of the
45 respective entity; amending s. 216.262, F.S.;
46 providing for additional positions to operate
47 additional prison bed capacity under certain
48 circumstances; authorizing the Department of Legal
49 Affairs to transfer certain funds to pay salaries and
50 benefits; authorizing the Department of Legal Affairs
51 to spend certain appropriated funds on programs that
52 were funded by the department from specific
53 appropriations in general appropriations acts in
54 previous years; amending s. 932.7055, F.S.;
55 authorizing a municipality to expend funds from its
56 special law enforcement trust fund to reimburse the
57 municipality’s general fund; requiring that the
58 Department of Juvenile Justice comply with specified
59 reimbursement limitations with respect to payments to
60 hospitals or health care providers for health care
61 services; authorizing certain payments pursuant to a
62 contracted rate only until the contract expires or is
63 renewed; defining the term “hospital” for purposes of
64 such limitations; relieving the state court system of
65 certain loan repayment obligations; amending s.
66 215.18, F.S.; providing for trust fund loans to the
67 state court system sufficient to meet its
68 appropriation; providing that any funds remaining in
69 the Clerks of the Courts Trust Fund remain available
70 to the clerks; amending s. 29.008, F.S.; providing
71 counties with an exemption from the requirement to
72 annually increase certain expenditures by a specified
73 percentage; amending s. 282.709, F.S.; allowing funds
74 from the State Agency Law Enforcement Radio System
75 Trust Fund to be used for mutual aid buildout
76 maintenance and sustainment; requiring the Florida
77 Catastrophic Storm Risk Management Center at Florida
78 State University to conduct an analysis using certain
79 data; requiring the Department of Management Services
80 to use certain interest earnings to fund the
81 administration of the MyFlorida.com portal; amending
82 s. 253.034, F.S.; authorizing the deposit of funds
83 derived from the sale of property by the Department of
84 Citrus into the Citrus Advertising Trust Fund;
85 amending s. 601.15, F.S.; specifying the maximum tax
86 rate for standard-packed boxes of citrus fruit;
87 providing for the future expiration of such amendment
88 and for the reversion of statutory text; amending s.
89 601.10, F.S.; providing for the executive director of
90 the Department of Citrus to be appointed by a majority
91 vote of the commission, subject to confirmation by the
92 Senate; providing for the future expiration of such
93 amendment and for the reversion of statutory text;
94 amending s. 375.041, F.S.; providing for the transfer
95 of moneys from the Land Acquisition Trust Fund to
96 support the Total Maximum Daily Loads programs;
97 amending s. 373.59, F.S.; providing for the allocation
98 of moneys from the Water Management Lands Trust Fund
99 for certain purposes; reenacting s. 403.1651(1)(g),
100 F.S., relating to the use of funds from the Ecosystem
101 Management and Restoration Trust Fund for the purpose
102 of funding activities to preserve and repair the
103 state’s beaches; providing for the future expiration
104 of certain amendments to such provision and for the
105 reversion of statutory text; amending s. 570.20, F.S.;
106 delaying the expiration of provisions authorizing the
107 Department of Agriculture and Consumer Services to use
108 funds from the General Inspection Trust Fund for
109 certain programs; amending s. 403.7095, F.S.;
110 requiring that the Department of Environmental
111 Protection award a specified amount in grants to
112 certain counties for solid waste programs; authorizing
113 the Department of Agriculture and Consumer Services to
114 extend, revise, and renew current contracts or
115 agreements created or entered into for the purpose of
116 promotion of agriculture; providing that the
117 disposition of state-owned lands is exempt from
118 appraisal requirements and disposition requirements
119 under certain circumstances; requiring state agencies
120 to provide a list of lands that are immediately
121 available for lease or are surplus lands; requiring
122 that the proceeds from the sale of such lands be
123 deposited into the Florida Forever Trust Fund;
124 amending s. 379.204, F.S.; authorizing the Fish and
125 Wildlife Conservation Commission to transfer funds to
126 the Federal Grants Trust Fund to support cash flow
127 needs; requiring the Fish and Wildlife Conservation
128 Commission to suspend publication of the Florida
129 Wildlife Magazine and the operations of the advisory
130 council for the 2011-2012 fiscal year; amending s.
131 339.135, F.S.; delaying the expiration of certain
132 provisions that permit the Department of
133 Transportation to reduce work program levels to
134 balance the finance plan to revised funding levels;
135 delaying the expiration of certain provisions relating
136 to the specifications of the department’s cash
137 balances before a project or phase may be deferred;
138 delaying the expiration of certain provisions relating
139 to the specifications of the department’s cash
140 balances before a project or phase may be deferred;
141 providing that certain reductions do not negatively
142 impact safety or maintenance or project contingency
143 percentage levels as of a specified date; providing
144 for use of transportation revenues; amending s.
145 339.08, F.S.; delaying the expiration of provisions
146 relating to the use of moneys in the State
147 Transportation Trust Fund for certain administrative
148 expenses; authorizing the transfer of funds from the
149 State Transportation Trust Fund to the State School
150 Trust Fund under certain circumstances; providing for
151 all vehicles within the Office of Motor Carrier
152 Compliance to be transferred to the Department of
153 Highway Safety and Motor Vehicles without the payment
154 of certain fees; amending s. 445.009, F.S.; providing
155 that a participant in an adult or youth work
156 experience activity under ch. 445, F.S., is an
157 employee of the state for purposes of workers’
158 compensation coverage; reenacting s. 163.3247(3)(d),
159 F.S., relating to members of the Century Commission
160 for a Sustainable Florida serving without
161 compensation; providing for the future expiration of
162 certain amendments to such provision and for the
163 reversion of statutory text; reenacting s.
164 201.15(1)(c), F.S., relating to funds deposited into
165 the Grants and Donations Trust Fund in the Department
166 of Community Affairs which are used to fund technical
167 assistance to local governments and school boards;
168 providing for the future expiration of certain
169 amendments to such provision and for the reversion of
170 statutory text; amending s. 206.608, F.S.; providing
171 for continued use of certain taxes deposited into the
172 State Transportation Trust Fund by the Department of
173 Transportation; prohibiting the transfer of funds from
174 the Highway Safety Operating Trust Fund to the
175 Transportation Disadvantaged Trust Fund; including
176 funding for passenger rail in the Transportation
177 Systems Development budget entity; providing that
178 certain sworn law enforcement positions in the Office
179 of Motor Carrier Compliance be placed in the career
180 service upon transfer to the Department of Highway
181 Safety and Motor Vehicles; providing for permanent
182 status upon the transfer of certain positions;
183 authorizing the Department of Transportation to use
184 funds from the Toll Facilities Revolving Trust Fund
185 for certain purposes; authorizing the Executive Office
186 of the Governor to transfer funds between departments
187 for purposes of aligning amounts paid for risk
188 management premiums and for purposes of aligning
189 amounts paid for human resource management services;
190 amending s. 110.123, F.S., relating to the state group
191 insurance program; providing that the state
192 contribution toward the cost of a plan is the
193 difference between the overall premium and the
194 employee contribution; amending s. 112.24, F.S.;
195 providing conditions on the assignment of an employee
196 of a state agency without reimbursement from the
197 receiving agency; providing that the annual salary of
198 the members of the Legislature be maintained at a
199 specified level; amending s. 27.710, F.S.; clarifying
200 certain duties of the executive director of the
201 Justice Administration Commission on Capital Cases;
202 providing for the future expiration of the amendment
203 to such provision and for the reversion of statutory
204 text; reenacting and amending s. 215.32(2)(b), F.S.,
205 relating to the source and use of certain trust funds
206 in order to implement the transfer of moneys in the
207 General Revenue Fund from trust funds in the 2011-2012
208 General Appropriations Act; providing for the future
209 expiration of certain amendments to such provision and
210 for the reversion of statutory text; reenacting and
211 amending s. 215.5601(4)(b), F.S., relating to the
212 administration of the Lawton Chiles Endowment Fund;
213 providing for the future expiration of certain
214 amendments to such provision and for the reversion of
215 statutory text; providing a legislative finding that
216 the issuance of new debt is in the best interests of
217 the state and necessary to address a critical state
218 emergency; limiting the use of travel funds to
219 activities that are critical to an agency’s mission;
220 providing exceptions; authorizing agencies scheduled
221 for data center consolidation to accelerate such
222 consolidation; authorizing the establishment of data
223 center positions in exchange for agency positions
224 placed in reserve; authorizing the Executive Office of
225 the Governor to transfer funds between agencies in
226 order to allocate a reduction relating to SUNCOM;
227 reenacting s. 110.12315(7)(a), F.S., relating to
228 copayments for the state employees’ prescription drug
229 program; providing for the future expiration of
230 certain amendments to such provision and for the
231 reversion of statutory text; directing the Department
232 of Management Services to use a tenant broker to
233 renegotiate certain leases and provide a report to the
234 Legislature; requiring the department to renegotiate
235 certain leases and report to the Legislature;
236 requiring the department to issue a solicitation for
237 the Minnesota Multistate Contracting Alliance for
238 Pharmacy agreement as a state term contract; requiring
239 the department to use generic drugs were feasible in
240 developing its preferred drug list; requiring the
241 Agency for Health Care Administration to reprocure the
242 Florida Discount Drug Card Program; providing
243 requirements for the program; providing that revenues
244 derived from the contract be deposited into the
245 agency’s Grants and Donations Trust Fund; amending s.
246 946.515, F.S.; requiring each state agency to submit a
247 report to the Legislature listing products or services
248 obtained from sources other than the prison industries
249 corporation; providing for the effect of a veto of one
250 or more specific appropriations or proviso to which
251 implementing language refers; providing for reversion
252 of statutory text of certain provisions; providing for
253 the continued operation of certain provisions
254 notwithstanding a future repeal or expiration provided
255 by the act; providing for severability; providing
256 effective dates.
257
258 Be It Enacted by the Legislature of the State of Florida:
259
260 Section 1. It is the intent of the Legislature that the
261 implementing and administering provisions of this act apply to
262 the General Appropriations Act for the 2011-2012 fiscal year.
263 Section 2. In order to implement Specific Appropriations 6,
264 7, 8, 68, and 69 of the 2011-2012 General Appropriations Act,
265 the calculations of the Florida Education Finance Program for
266 the 2011-2012 fiscal year in the document entitled “Public
267 School Funding-The Florida Education Finance Program,” dated May
268 3, 2011, and filed with the Secretary of the Senate, are
269 incorporated by reference for the purpose of displaying the
270 calculations used by the Legislature, consistent with the
271 requirements of the Florida Statutes, in making appropriations
272 for the Florida Education Finance Program.
273 Section 3. In order to implement Specific Appropriations
274 15A and 15B of the 2011-2012 General Appropriations Act,
275 paragraph (c) of subsection (3) of section 216.292, Florida
276 Statutes, is amended to read:
277 216.292 Appropriations nontransferable; exceptions.—
278 (3) The following transfers are authorized with the
279 approval of the Executive Office of the Governor for the
280 executive branch or the Chief Justice for the judicial branch,
281 subject to the notice and objection provisions of s. 216.177:
282 (c) The transfer of appropriations for fixed capital outlay
283 from the Survey Recommended Needs-Public Schools appropriation
284 category to the Maintenance, Repair, Renovation and Remodeling
285 appropriation category. The allocation of transferred funds must
286 shall be in accordance with s. 1013.62 1013.64(1). This
287 paragraph expires July 1, 2012 2011.
288 Section 4. Notwithstanding ss. 440.50 and 1010.87, Florida
289 Statutes, for the 2011-2012 fiscal year, funds provided in
290 Specific Appropriation 98 of the 2011-2012 General
291 Appropriations Act from the Workers’ Compensation Administration
292 Trust Fund shall be used for the Ready to Work Program created
293 under s. 1004.99, Florida Statutes. This section expires July 1,
294 2012.
295 Section 5. In order to implement Specific Appropriation 119
296 of the 2011-2012 General Appropriations Act and notwithstanding
297 any other law, for the 2011-2012 fiscal year only, a university
298 board of trustees may expend reserve or carry-forward balances
299 from prior year operational and programmatic appropriations for
300 legislatively approved fixed capital outlay projects authorized
301 for the establishment of a new campus.
302 Section 6. In order to implement Specific Appropriations
303 310 through 339 of the 2011-2012 General Appropriations Act,
304 paragraphs (b) and (c) of subsection (3) of section 394.908,
305 Florida Statutes, are amended to read:
306 394.908 Substance abuse and mental health funding equity;
307 distribution of appropriations.—In recognition of the historical
308 inequity in the funding of substance abuse and mental health
309 services for the department’s districts and regions and to
310 rectify this inequity and provide for equitable funding in the
311 future throughout the state, the following funding process shall
312 be used:
313 (3)
314 (b) Notwithstanding paragraph (a) and for the 2011-2012
315 2010-2011 fiscal year only, funds appropriated for forensic
316 mental health treatment services shall be allocated to the areas
317 of the state having the greatest demand for services and
318 treatment capacity. This paragraph expires July 1, 2012 2011.
319 (c) Notwithstanding paragraph (a) and for the 2011-2012
320 2010-2011 fiscal year only, additional funds appropriated for
321 substance abuse and mental health services from funds available
322 through the Community-Based Medicaid Administrative Claiming
323 Program shall be allocated as provided in the 2010-2011 General
324 Appropriations Act and in proportion to contributed provider
325 earnings. This paragraph expires July 1, 2012 2011.
326 Section 7. In order to implement Specific Appropriation 465
327 of the 2011-2012 General Appropriations Act, and for the 2011
328 2012 fiscal year only, the following requirements govern the
329 completion of Phase 2 and Phase 3 of the Department of Health’s
330 Florida Onsite Sewage Nitrogen Reduction Strategies Study:
331 (1) The Department of Health’s underlying contract for the
332 study remains in full force and effect and funding for
333 completion of Phase 2 and Phase 3 is through the Department of
334 Health.
335 (2) The Department of Health, the Department of Health’s
336 Research Review and Advisory Committee, and the Department of
337 Environmental Protection shall work together to provide the
338 necessary technical oversight of the completion of Phase 2 and
339 Phase 3 of the project.
340 (3) Management and oversight of the completion of Phase 2
341 and Phase 3 must be consistent with the terms of the existing
342 contract. However, the main focus and priority to be completed
343 during Phase 3 shall be developing, testing, and recommending
344 cost-effective passive technology design criteria for nitrogen
345 reduction.
346 (4) The systems installed at homesites are experimental in
347 nature and shall be installed with significant field testing and
348 monitoring. The Department of Health is specifically authorized
349 to allow installation of these experimental systems.
350 Notwithstanding any other law, before Phase 3 of the study is
351 completed, a state agency may not adopt or implement a rule or
352 policy that:
353 (a) Mandates, establishes, or implements more restrictive
354 nitrogen-reduction standards to existing or new onsite sewage
355 treatment systems or modification of such systems; or
356 (b) Directly or indirectly requires the use of performance
357 based treatment systems or similar technology, such as through
358 an administrative order developed by the Department of
359 Environmental Protection as part of a basin management action
360 plan adopted pursuant to s. 403.067, Florida Statutes. However,
361 the implementation of more restrictive nitrogen-reduction
362 standards for onsite systems may be required through a basin
363 management action plan if such plan is phased in after
364 completion of Phase 3.
365 Section 8. Effective June 29, 2011, in order to implement
366 Specific Appropriations 259 through 357 of the 2011-2012 General
367 Appropriations Act, subsection (3) of section 1 of chapter 2007
368 174, Laws of Florida, is amended to read:
369 Section 1. Flexibility for the Department of Children and
370 Family Services.—
371 (3) This section expires July 1, 2012 June 30, 2008.
372 Section 9. In order to implement Specific Appropriations
373 171 and 177 through 179 and 182 of the 2011-2012 General
374 Appropriations Act, the calculations of the Medicaid Low-Income
375 Pool, Disproportionate Share Hospital, and Hospital Exemptions
376 Programs for the 2011-2012 fiscal year in the document entitled
377 “Medicaid Supplemental Hospital Funding Programs” dated May 3,
378 2011, and filed with the Secretary of the Senate, are
379 incorporated by reference for the purpose of displaying the
380 calculations used by the Legislature, consistent with the
381 requirements of the Florida Statutes, in making appropriations
382 for the Low-Income Pool, Disproportionate Share Hospital, and
383 Hospital Exemptions Programs.
384 Section 10. In order to implement Specific Appropriation
385 536 of the 2011-2012 General Appropriations Act, notwithstanding
386 s. 216.177, Florida Statutes, requiring only 3 days’ notice to
387 the Legislature for the release of funds, budget amendments
388 recommending the release of funds must be provided at least 14
389 days before the effective date of the action and are subject to
390 the objection procedures in s. 216.177(2)(b), Florida Statutes.
391 Section 11. In order to implement Specific Appropriation
392 177 of the 2011-2012 General Appropriations Act, and for the
393 2011-2012 fiscal year only, the third and tenth paragraph of
394 proviso following the appropriation is repealed and replaced
395 with:
396
397 Funds in Specific Appropriation 177 reflect a
398 reduction of $173,477,299 from the General Revenue
399 Fund, $220,252,391 from the Medical Care Trust Fund,
400 and $1,199,158 from the Refugee Assistance Trust Fund
401 as a result of modifying the reimbursement for
402 inpatient hospital rates. The agency shall implement a
403 recurring methodology in the Title XIX Inpatient
404 Hospital Reimbursement Plan to achieve this reduction.
405 In establishing rates through the normal process,
406 before including this reduction, if the unit cost is
407 equal to or less than the unit cost used in
408 establishing the budget, then no additional reduction
409 in rates is necessary; however, if the unit cost is
410 greater than the unit cost used in establishing the
411 budget, then rates shall be reduced by an amount
412 required to achieve this reduction, but may not be
413 reduced below the unit cost used in establishing the
414 budget. Hospitals that are licensed as a children’s
415 specialty hospital and whose Medicaid days plus
416 charity care days divided by total adjusted patient
417 days equals or exceeds 30 percent and rural hospitals,
418 as defined in s. 395.602, Florida Statutes, are
419 excluded from this reduction.
420
421 From the funds in Specific Appropriation 177,
422 $239,417,562 from the Grants and Donations Trust Fund
423 and $303,972,274 from the Medical Care Trust Fund are
424 provided for public hospitals, including any leased
425 public hospital determined to be covered under the
426 state’s sovereign immunity; teaching hospitals, as
427 defined in s. 408.07 or s. 395.805, Florida Statutes,
428 which have 70 or more full-time equivalent resident
429 physicians; hospitals that have graduate medical
430 education positions that do not otherwise qualify; and
431 designated trauma hospitals to buy back the Medicaid
432 inpatient trend adjustment applied to their individual
433 hospital rates and other Medicaid reductions to their
434 inpatient rates up to actual Medicaid inpatient cost.
435 The payments under this proviso are contingent on the
436 state share being provided through grants and
437 donations from state, county, or other governmental
438 funds. This section of proviso does not include the
439 buy back of the Medicaid inpatient trend adjustment
440 applied to the individual state mental health
441 hospitals.
442
443 Section 12. In order to implement Specific Appropriation
444 182 of the 2011-2012 General Appropriations Act, and for the
445 2011-2012 fiscal year only, the second paragraph of proviso
446 following the appropriation is repealed and replaced with:
447
448 Funds in Specific Appropriation 182 reflect a
449 reduction of $43,572,721 from the General Revenue
450 Fund, $55,321,338 from the Medical Care Trust Fund,
451 and $151,174 from the Refugee Assistance Trust Fund as
452 a result of implementing a reduction in outpatient
453 hospital reimbursement rates. The agency shall
454 implement a recurring methodology in the Title XIX
455 Outpatient Hospital Reimbursement Plan to achieve this
456 reduction. In establishing rates through the normal
457 process, prior to including this reduction, if the
458 unit cost is equal to or less than the unit cost used
459 in establishing the budget, then no additional
460 reduction in rates is necessary. In establishing rates
461 through the normal process, prior to including this
462 reduction, if the unit cost is greater than the unit
463 cost used in establishing the budget, then rates shall
464 be reduced by an amount required to achieve this
465 reduction, but shall not be reduced below the unit
466 cost used in establishing the budget. Hospitals that
467 are licensed as a children’s specialty hospital and
468 whose Medicaid days plus charity care days divided by
469 total adjusted patient days equals or exceeds 30
470 percent and rural hospitals as defined in s. 395.602,
471 Florida Statutes, are excluded from this reduction.
472
473 Section 13. In order to implement Specific Appropriations
474 459 through 469 of the 2011-2012 General Appropriations Act,
475 before the implementation of the onsite sewage treatment and
476 disposal system evaluation program described in s.
477 381.0065(5)(a), Florida Statutes, the Department of Health shall
478 submit a plan for approval by the Legislative Budget Commission
479 which includes an estimate of agency workload and funding needs.
480 The department may not expend funds in furtherance of the
481 evaluation program before the plan is approved by the
482 commission.
483 Section 14. In order to fulfill legislative intent
484 regarding the use of funds contained in Specific Appropriations
485 605, 616, 628, and 1135 of the 2011-2012 General Appropriations
486 Act, the Department of Corrections and the Department of
487 Juvenile Justice may expend appropriated funds to assist in
488 defraying costs that are incurred by a municipality or county
489 and are associated with opening or operating a facility under
490 the authority of the respective department. The amount paid for
491 any facility may not exceed 1 percent of the cost to construct
492 the facility, less building impact fees imposed by the
493 municipality or county. This section expires July 1, 2012.
494 Section 15. In order to implement Specific Appropriations
495 570 through 688A and 726 through 759 of the 2011-2012 General
496 Appropriations Act, subsection (4) of section 216.262, Florida
497 Statutes, is amended to read:
498 216.262 Authorized positions.—
499 (4) Notwithstanding the provisions of this chapter relating
500 to on increasing the number of authorized positions, and for the
501 2011-2012 2010-2011 fiscal year only, if the actual inmate
502 population of the Department of Corrections exceeds the inmate
503 population projections of the February 21, 2011 19, 2010,
504 Criminal Justice Estimating Conference by 1 percent for 2
505 consecutive months or 2 percent for any month, the Executive
506 Office of the Governor, with the approval of the Legislative
507 Budget Commission, shall immediately notify the Criminal Justice
508 Estimating Conference, which shall convene as soon as possible
509 to revise the estimates. The Department of Corrections may then
510 submit a budget amendment requesting the establishment of
511 positions in excess of the number authorized by the Legislature
512 and additional appropriations from unallocated general revenue
513 sufficient to provide for essential staff, fixed capital
514 improvements, and other resources to provide classification,
515 security, food services, health services, and other variable
516 expenses within the institutions to accommodate the estimated
517 increase in the inmate population. All actions taken pursuant to
518 the authority granted in this subsection are shall be subject to
519 review and approval by the Legislative Budget Commission. This
520 subsection expires July 1, 2012 2011.
521 Section 16. In order to implement Specific Appropriations
522 1253, 1267, 1274, 1295, and 1305 of the 2011-2012 General
523 Appropriations Act, the Department of Legal Affairs may transfer
524 cash remaining after required disbursements for Attorney General
525 case numbers 09-CV-51614, 16-2008-CA-01-3142CV-C, and
526 CACE08022328 from FLAIR account 41-74-2-601001-41100100-00
527 181076-00 to the Operating Trust Fund to pay salaries and
528 benefits. This section expires July 1, 2012.
529 Section 17. In order to implement Specific Appropriations
530 1289 and 1290 of the 2011-2012 General Appropriations Act, the
531 Department of Legal Affairs may expend appropriated funds in
532 those specific appropriations on the same programs that were
533 funded by the department pursuant to specific appropriations
534 made in general appropriations acts in prior years. This section
535 expires July 1, 2012.
536 Section 18. In order to implement Specific Appropriations
537 1192 and 1198 of the 2011-2012 General Appropriations Act,
538 paragraph (d) of subsection (4) of section 932.7055, Florida
539 Statutes, is amended to read:
540 932.7055 Disposition of liens and forfeited property.—
541 (4) The proceeds from the sale of forfeited property shall
542 be disbursed in the following priority:
543 (d) Notwithstanding any other provision of this subsection,
544 and for the 2011-2012 2010-2011 fiscal year only, the funds in a
545 special law enforcement trust fund established by the governing
546 body of a municipality may be expended to reimburse the general
547 fund of the municipality for moneys advanced from the general
548 fund to the special law enforcement trust fund before prior to
549 October 1, 2001. This paragraph expires July 1, 2012 2011.
550 Section 19. (1) In order to implement Specific
551 Appropriations 1069, 1070, 1074, 1075, 1115, 1116, 1120, 1121,
552 1123, 1126, 1127, 1130, 1131, 1132, 1141, and 1146 of the 2011
553 2012 General Appropriations Act, the Department of Juvenile
554 Justice must comply with the following reimbursement
555 limitations:
556 (a) Payments to a hospital or a health care provider may
557 not exceed 110 percent of the Medicare allowable rate for any
558 health care services provided if no contract exists between the
559 department and the hospital or the health care provider
560 providing services at a hospital;
561 (b) The department may continue to make payments for health
562 care services at the currently contracted rates through the
563 current term of the contract if a contract has been executed
564 between the department and a hospital or a health care provider
565 providing services to a hospital; however, payments may not
566 exceed 110 percent of the Medicare allowable rate after the
567 current term of the contract expires or after the contract is
568 renewed during the 2011-2012 fiscal year;
569 (c) Payments may not exceed 110 percent of the Medicare
570 allowable rate under a contract executed on or after July 1,
571 2011, between the department and a hospital or health care
572 provider providing services at a hospital;
573 (d) Notwithstanding paragraphs (a), (b), and (c), the
574 department may pay up to 125 percent of the Medicare allowable
575 rate for health care services at a hospital that reports or has
576 reported a negative operating margin for the previous fiscal
577 year to the Agency for Health Care Administration through
578 hospital-audited financial data; and
579 (e) The department may not execute a contract for health
580 care services at a hospital for rates other than rates based on
581 a percentage of the Medicare allowable rate.
582 (2) For purposes of this section, the term “hospital” means
583 a hospital licensed under chapter 395, Florida Statutes.
584 (3) This section expires July 1, 2012.
585 Section 20. In order to implement section 7 of the 2011
586 2012 General Appropriations Act, and notwithstanding s. 215.18,
587 Florida Statutes, the state court system is relieved of loan
588 repayment obligations for loans made from the Mediation and
589 Arbitration Trust Fund and the Court Education Trust Fund to the
590 state court system during the 2010-2011 fiscal year. This
591 section is effective upon this act becoming a law.
592 Section 21. In order to implement Section 7 of the 2011
593 2012 General Appropriations Act, section 215.18, Florida
594 Statutes, is amended to read:
595 215.18 Transfers between funds; limitation.—
596 (1) Whenever there is a deficiency exists in any fund
597 provided for by s. 215.32 a deficiency which would render such
598 fund insufficient to meet its just requirements, and there shall
599 exist in the other funds in the State Treasury have moneys which
600 are for the time being or otherwise in excess of the amounts
601 necessary to meet the just requirements of such last-mentioned
602 funds, the Governor may order a temporary transfer of moneys
603 from one fund to another in order to meet temporary deficiencies
604 in a particular fund without resorting to the necessity of
605 borrowing money and paying interest thereon. Any action proposed
606 under this section is subject to the notice and objection
607 procedures set forth in s. 216.177, and the Governor shall
608 provide notice of such action at least 7 days before prior to
609 the effective date of the transfer of funds. Except as otherwise
610 provided in s. 216.222(1)(a)2., the fund from which any money is
611 temporarily transferred must shall be repaid the amount
612 transferred from it by not later than the end of the fiscal year
613 in which such transfer is made, the date of repayment to be
614 specified in the order of the Governor.
615 (2) The Chief Justice of the Supreme Court may receive one
616 or more trust fund loans of up to $54 million in total, the
617 purpose of which is to ensure that the state court system has
618 funds sufficient to meet its appropriations in the 2011-2012
619 General Appropriations Act. If the Chief Justice accesses the
620 loan, he or she must notify the Governor and the chairs of the
621 legislative appropriations committees in writing. The loan must
622 come from other funds in the State Treasury which are for the
623 time being or otherwise in excess of the amounts necessary to
624 meet the just requirements of such last-mentioned funds. The
625 Governor shall order the transfer of funds within 5 days after
626 the written notification from the Chief Justice. If the Governor
627 does not order the transfer, the Chief Financial Officer shall
628 transfer the requested funds. The loan of funds from which any
629 money is temporarily transferred must be repaid by the end of
630 the 2011-2012 fiscal year. This subsection expires July 1, 2012.
631 Section 22. In order to implement Specific Appropriation
632 791 of the 2011-2012 General Appropriations Act, and not
633 withstanding s. 28.2455, Florida Statutes, any funds remaining
634 in the Clerks of Court Trust Fund may not be transferred to the
635 General Revenue Fund and remain available to the clerks of court
636 for expenditures during the 2011-2012 fiscal year. This section
637 shall take effect upon becoming a law and expires July 1, 2012.
638 Section 23. In order to implement section 7 of the 2011
639 2012 General Appropriations Act, paragraph (c) of subsection (4)
640 of section 29.008, Florida Statutes, is amended to read:
641 29.008 County funding of court-related functions.—
642 (4)
643 (c) Counties are exempt from all requirements and
644 provisions of paragraph (a) for the 2011-2012 2010-2011 fiscal
645 year. Accordingly, for the 2011-2012 2010-2011 fiscal year,
646 counties shall maintain, but are not required to increase, their
647 expenditures for the items specified in paragraphs (1)(a)-(h)
648 and subsection (3). The requirements described in paragraph (a)
649 shall be reinstated beginning with the 2012-2013 2011-2012
650 fiscal year. This paragraph expires July 1, 2012 2011.
651 Section 24. In order to implement Specific Appropriation
652 2701A of the 2011-2012 General Appropriation Act, subsection (3)
653 of section 282.709, Florida Statutes, is amended to read:
654 282.709 State agency law enforcement radio system and
655 interoperability network.—
656 (3)(a) The State Agency Law Enforcement Radio System Trust
657 Fund is established in the department and funded from surcharges
658 collected under ss. 318.18, 320.0802, and 328.72. Upon
659 appropriation, moneys in the trust fund may be used by the
660 department to acquire by competitive procurement the equipment,
661 software, and engineering, administrative, and maintenance
662 services it needs to construct, operate, and maintain the
663 statewide radio system. Moneys in the trust fund from collected
664 as a result of the surcharges set forth in ss. 318.18, 320.0802,
665 and 328.72 shall be used to help fund the costs of the system.
666 Upon completion of the system, moneys in the trust fund may also
667 be used by the department for payment of the recurring
668 maintenance costs of the system.
669 (b) Funds from the State Agency Law Enforcement Radio
670 System Trust Fund may be used by the department to fund mutual
671 aid buildout maintenance and sustainment as appropriated by law.
672 This paragraph expires July 1, 2012.
673 Section 25. In order to implement Specific Appropriation
674 2341A of the 2011-2012 General Appropriations Act, the Florida
675 Catastrophic Storm Risk Management Center at Florida State
676 University shall conduct the analysis as originally required in
677 s. 164 of chapter 2004-390, Laws of Florida. Notwithstanding
678 that section, the center shall use the most recent and available
679 premium data for personal lines property and casualty insurance
680 in completing the analysis.
681 Section 26. In order to implement Specific Appropriations
682 2574 through 2584 of the 2011-2012 General Appropriations Act,
683 the Department of Management Services shall use interest
684 earnings of the Communications Working Capital Trust Fund as the
685 funding source for its responsibilities for the administration
686 of the MyFlorida.com portal.
687 Section 27. In order to implement Specific Appropriations
688 2173 through 2195 of the 2011-2012 General Appropriations Act,
689 subsection (13) of section 253.034, Florida Statutes, as amended
690 by chapter 2010-280, Laws of Florida, is amended to read:
691 253.034 State-owned lands; uses.—
692 (13) Notwithstanding the provisions of this section, funds
693 derived from the sale of the Department of Citrus’ property
694 located in Lakeland, Florida, shall are authorized to be
695 deposited into the Citrus Advertising Trust Fund. This
696 subsection expires July 1, 2012 2011.
697 Section 28. In order to implement Specific Appropriations
698 2173 through 2195 of the 2011-2012 General Appropriations Act,
699 paragraph (a) of subsection (3) of section 601.15, Florida
700 Statutes, is amended to read:
701 601.15 Advertising campaign; methods of conducting; excise
702 tax; emergency reserve fund; citrus research.—
703 (3)(a) There is hereby levied and imposed upon each
704 standard-packed box of citrus fruit grown and placed into the
705 primary channel of trade in this state an excise tax at maximum
706 annual rates for each citrus season as determined from the
707 tables in this paragraph and based upon the previous season’s
708 actual statewide production as reported in the United States
709 Department of Agriculture Citrus Crop Production Forecast as of
710 June 1. The rates may be set at any lower rate in any year
711 pursuant to paragraph (e).
712 1. The following maximum tax rates, expressed in cents per
713 box, shall apply to grapefruit which enters the primary channel
714 of trade for use in fresh form:
715
716 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
717 80 andgreater 33 34 35 36 37
718 75-79.99 35 36 37 38 39
719 70-74.99 37 38 39 41 42
720 65-69.99 40 41 42 44 45
721 60-64.99 43 44 46 47 49
722 55-59.99 47 48 50 51 53
723 50-54.99 51 53 55 56 58
724 45-49.99 57 59 60 62 64
725 40-44.99 63 65 67 69 71
726 Less than 40 72 74 76 79 81
727 However, effective July 1, 2011, the tax rate per box on
728 grapefruit that enters the primary channel of trade for use in
729 fresh form may not exceed the tax rate per box in effect on May
730 1, 2011.
731 2. The following maximum tax rates, expressed in cents per
732 box, shall apply to grapefruit which enters the primary channel
733 of trade for use in processed forms:
734
735 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
736 80 andgreater 23 24 25 25 26
737 75-79.99 25 25 26 27 28
738 70-74.99 26 27 28 29 30
739 65-69.99 28 29 30 31 32
740 60-64.99 31 32 32 33 34
741 55-59.99 33 34 35 36 37
742 50-54.99 36 38 39 40 41
743 45-49.99 40 41 43 44 45
744 40-44.99 45 46 48 49 51
745 Less than 40 51 53 54 56 57
746 However, effective July 1, 2011, the tax rate per box on
747 grapefruit that enters the primary channel of trade for use in
748 processed forms may not exceed the tax rate per box in effect on
749 May 1, 2011.
750 3. The following maximum tax rates, expressed in cents per
751 box, shall apply to oranges which enter the primary channel of
752 trade for use in fresh form:
753
754 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
755 255 andgreater 23 24 25 26 26
756 245-254.9 24 25 26 27 27
757 235-244.9 25 26 27 28 28
758 225-234.9 26 27 28 29 30
759 215-224.9 28 28 29 30 31
760 205-214.9 29 30 31 32 33
761 195-204.9 30 31 32 33 34
762 185-194.9 32 33 34 35 36
763 175-184.9 34 35 36 37 38
764 165-174.9 36 37 38 39 40
765 155-164.9 38 39 40 41 43
766 Less than 155 41 42 43 44 46
767 However, effective July 1, 2011, the tax rate per box on oranges
768 that enter the primary channel of trade for use in fresh form
769 may not exceed the tax rate per box in effect on May 1, 2011.
770 4. The following maximum tax rates, expressed in cents per
771 box, shall apply to oranges which enter the primary channel of
772 trade for use in processed form:
773
774 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
775 255 andgreater 15 16 16 17 17
776 245-254.9 16 16 17 17 18
777 235-244.9 17 17 18 18 19
778 225-234.9 17 18 18 19 19
779 215-224.9 18 19 19 20 20
780 205-214.9 19 20 20 21 21
781 195-204.9 20 21 21 22 22
782 185-194.9 21 22 22 23 24
783 175-184.9 22 23 23 24 25
784 165-174.9 23 24 25 26 26
785 155-164.9 25 26 26 27 28
786 Less than 155 27 27 28 29 30
787 However, effective July 1, 2011, the tax rate per box on oranges
788 that enter the primary channel of trade for use in processed
789 form may not exceed 25 cents per box.
790 5. The actual tax rate levied each year upon oranges which
791 enter the primary channel of trade for use in processed form,
792 pursuant to this paragraph, paragraph (e), and subsection (4),
793 shall also apply in that year to tangerines and citrus hybrids
794 regulated by the Department of Citrus which enter the primary
795 channel of trade for use in processed form.
796 6. The following maximum tax rates, expressed in cents per
797 box, shall apply to tangerines and citrus hybrids regulated by
798 the Department of Citrus which enter the primary channel of
799 trade for use in fresh form:
800
801 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
802 13 andgreater 24 24 25 26 27
803 12 - 12.99 26 26 27 28 29
804 11 - 11.99 28 29 30 30 31
805 10 - 10.99 31 31 32 33 34
806 9 - 9.99 34 35 36 37 38
807 8 - 8.99 38 39 40 41 42
808 7 - 7.99 43 44 45 47 48
809 Less than 7 49 51 52 54 56
810 However, effective July 1, 2011, the tax rate per box on
811 tangerines and citrus hybrids regulated by the Department of
812 Citrus which enter the primary channel of trade for use in fresh
813 form may not exceed the tax rate per box in effect on May 1,
814 2011.
815 Section 29. The amendment to s. 601.15(3)(a), Florida
816 Statutes, shall expire July 1, 2012, and the text of that
817 subsection shall revert to that in existence on June 30, 2010,
818 except that any amendments to such text enacted other than by
819 this act shall be preserved and continue to operate to the
820 extent that such amendments are not dependent upon the portions
821 of text which expire pursuant to this section.
822 Section 30. Effective upon this act becoming a law and in
823 order to implement Specific Appropriations 2173 through 2195 of
824 the 2011-2012 General Appropriations Act, subsection (3) of
825 section 601.10, Florida Statutes, is amended to read:
826 601.10 Powers of the Department of Citrus.—The Department
827 of Citrus shall have and shall exercise such general and
828 specific powers as are delegated to it by this chapter and other
829 statutes of the state, which powers shall include, but shall not
830 be confined to, the following:
831 (3) To employ and, at its pleasure, discharge an executive
832 director, a secretary, and such attorneys, clerks, and employees
833 as it deems necessary and to outline his or her their powers and
834 duties and fix his or her their compensation.
835 (a) The executive director of the department shall be
836 appointed by a majority vote of the commission for a term of 4
837 years, except for the initial term, and is subject to
838 confirmation by the Senate in the legislative session following
839 appointment.
840 1. The initial term of the executive director ends June 30,
841 2011, and each subsequent 4-year term begins July 1, and shall
842 be filled in the same manner as the original appointment.
843 2. A vacancy for the executive director shall be filled for
844 the unexpired portion of the term in the same manner as the
845 original appointment.
846 (b) The Department of Citrus may pay, or participate in the
847 payment of, premiums for health, accident, and life insurance
848 for its full-time employees, pursuant to such rules or
849 regulations as it may adopt; and such payments are shall be in
850 addition to the regular salaries of such full-time employees.
851 The payment of such or similar benefits to its employees in
852 foreign countries, including, but not limited to, social
853 security, retirement, and other similar fringe benefit costs,
854 may be in accordance with laws in effect in the country of
855 employment, except that no benefits will be payable to employees
856 not authorized for other state employees, as provided in the
857 Career Service System.
858 Section 31. The amendment to s. 601.10(3), Florida
859 Statutes, shall expire July 1, 2012, and the text of that
860 subsection shall revert to that in existence on June 30, 2010,
861 except that any amendments to such text enacted other than by
862 this act shall be preserved and continue to operate to the
863 extent that such amendments are not dependent upon the portions
864 of text which expire pursuant to this section.
865 Section 32. In order to implement Specific Appropriation
866 1648A of the 2011-2012 General Appropriations Act, paragraph (b)
867 of subsection (3) of section 375.041, Florida Statutes, is
868 amended to read:
869 375.041 Land Acquisition Trust Fund.—
870 (3)
871 (b) In addition to the uses allowed under in paragraph (a),
872 for the 2011-2012 2010-2011 fiscal year, moneys in the Land
873 Acquisition Trust Fund are authorized for transfer to support
874 the Total Maximum Daily Loads Program Clean Water State
875 Revolving Fund, the Drinking Water State Revolving Fund, the
876 Total Maximum Daily Loads programs, and the Marine Spatial
877 Planning programs as provided in the General Appropriations Act.
878 This paragraph expires July 1, 2012 2011.
879 Section 33. In order to implement Specific Appropriation
880 1580A of the 2011-2012 General Appropriations Act, subsection
881 (12) of section 373.59, Florida Statutes, is amended to read:
882 373.59 Water Management Lands Trust Fund.—
883 (12) Notwithstanding subsection (8), and for the 2011-2012
884 2010-2011 fiscal year only, the moneys from the Water Management
885 Lands Trust Fund are shall be allocated as follows:
886 (a) An amount necessary to pay debt service on bonds issued
887 before February 1, 2009, by the South Florida Water Management
888 District and the St. Johns River Water Management District,
889 which are secured by revenues provided pursuant to this section,
890 or to fund debt service reserve funds, rebate obligations, or
891 other amounts payable with respect to such bonds;
892 (b) Eight million dollars to be transferred to the General
893 Revenue Fund; and
894 (c) The remaining funds to be distributed to equally
895 between the Suwannee River Water Management District, of which
896 $500,000 may be used for minimum flows and levels. and the
897 Northwest Florida Water Management District; and
898 (d) For the 2010-2011 fiscal year only, the sum of $50,000
899 from the Water Management Lands Trust Fund shall be transferred
900 to the General Inspection Trust Fund in the Department of
901 Agriculture and Consumer Services for the soil and water
902 conservation districts for support services.
903
904 This subsection expires July 1, 2012 2011.
905 Section 34. In order to implement Specific Appropriations
906 1649 through 1651, 1653, and section 34 of the 2011-2012 General
907 Appropriations Act, paragraph (g) of subsection (1) of section
908 403.1651, Florida Statutes, is reenacted to read:
909 403.1651 Ecosystem Management and Restoration Trust Fund.—
910 (1) There is created the Ecosystem Management and
911 Restoration Trust Fund to be administered by the Department of
912 Environmental Protection for the purposes of:
913 (g) Funding activities to preserve and repair the state’s
914 beaches as provided in ss. 161.091-161.212.
915 Section 35. The amendment to s. 403.1651(1)(g), Florida
916 Statutes, as carried forward by this act from chapter 2010-153,
917 Laws of Florida, shall expire July 1, 2012, and the text of that
918 subsection shall revert to that in existence on June 30, 2009,
919 except that any amendments to such text enacted other than by
920 this act shall be preserved and continue to operate to the
921 extent that such amendments are not dependent upon the portions
922 of text which expire pursuant to this section.
923 Section 36. In order to implement Specific Appropriations
924 1324 through 1475 of the 2011-2012 General Appropriations Act,
925 subsection (2) of section 570.20, Florida Statutes, is amended
926 to read:
927 570.20 General Inspection Trust Fund.—
928 (2) For the 2011-2012 2010-2011 fiscal year only and
929 notwithstanding any other provision of law to the contrary, in
930 addition to the spending authorized in subsection (1), moneys in
931 the General Inspection Trust Fund may be appropriated for
932 programs operated by the department which are related to the
933 programs authorized by this chapter. This subsection expires
934 July 1, 2012 2011.
935 Section 37. In order to implement Specific Appropriation
936 1703AA of the 2011-2012 General Appropriations Act, subsection
937 (5) of section 403.7095, Florida Statutes, is amended to read:
938 403.7095 Solid waste management grant program.—
939 (5) Notwithstanding any other provision of this section to
940 the contrary, and for the 2011-2012 2010-2011 fiscal year only,
941 the Department of Environmental Protection shall award the sum
942 of $2,400,000 in grants equally to counties having populations
943 of fewer than 100,000 for waste tire and litter prevention,
944 recycling education, and general solid waste programs. This
945 subsection expires July 1, 2012 2011.
946 Section 38. In order to implement Specific Appropriation
947 1430 of the 2011-2012 General Appropriations Act and to provide
948 consistency and continuity in the promotion of agriculture
949 throughout the state, notwithstanding s. 287.057, Florida
950 Statutes, the Department of Agriculture and Consumer Services
951 may extend, revise, and renew current contracts or agreements
952 created or entered into pursuant to chapter 2006-25, Laws of
953 Florida. This section expires July 1, 2012.
954 Section 39. In order to implement Specific Appropriation
955 1578A of the 2011-2012 General Appropriations Act, and
956 notwithstanding ss. 253.034, 253.0341, and 259.041, Florida
957 Statutes, the disposition of state-owned lands is exempt from
958 appraisal requirements under s. 253.034(6)(g)1., Florida
959 Statutes, and disposition requirements under s. 253.034(15),
960 Florida Statutes, if the proceeds of such conveyance will be
961 used to purchase state-owned lands for preservation,
962 conservation, or recreation purposes. On or before October 1,
963 2011, all agencies shall submit a list of state-owned lands to
964 the Board of Trustees of the Internal Improvement Trust Fund, to
965 which the lands are titled, which are immediately available for
966 lease or are surplus lands. Proceeds from the sale of such lands
967 shall be deposited into the Florida Forever Trust Fund created
968 by s. 259.1051, Florida Statutes, and used to acquire lands for
969 preservation, conservation, or recreation purposes pursuant to
970 the requirements of s. 259.105, Florida Statutes. The board of
971 trustees shall ensure that, where appropriate, surplus or leased
972 conservation lands are subject to perpetual conservation
973 easements or other such restrictive covenants that run with the
974 land and are duly recorded in the same manner as any other
975 instrument affecting title to real property. This section
976 expires July 1, 2012.
977 Section 40. In order to implement Specific Appropriations
978 1814, 1831, 1895, and 1907, subsection (3) is added to section
979 379.204, Florida Statutes, to read:
980 379.204 Federal Grants Trust Fund.—
981 (3) The commission may transfer the cash balance
982 originating from hunting and fishing license fees from other
983 trust funds into the Federal Grants Trust Fund for the purpose
984 of supporting cash flow needs. This subsection expires July 1,
985 2012.
986 Section 41. In order to implement Specific Appropriation
987 1806 and notwithstanding the provisions of s. 379.2342(2),
988 Florida Statutes, for the 2011-2012 fiscal year only, the Fish
989 and Wildlife Conservation Commission shall suspend the
990 publication of a printed version the Florida Wildlife Magazine
991 and the operations of the Florida Wildlife Magazine Advisory
992 Council.
993 Section 42. In order to implement Specific Appropriations
994 1918A through 1919, 1938A through 1938C, 1938E through 1938V,
995 and 1976A through 1976K of the 2011-2012 General Appropriations
996 Act, paragraph (a) of subsection (4) of section 339.135, Florida
997 Statutes, is amended to read:
998 339.135 Work program; legislative budget request;
999 definitions; preparation, adoption, execution, and amendment.—
1000 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
1001 (a)1. To assure that no district or county is penalized for
1002 local efforts to improve the State Highway System, the
1003 department shall, for the purpose of developing a tentative work
1004 program, allocate funds for new construction to the districts,
1005 except for the turnpike enterprise, based on equal parts of
1006 population and motor fuel tax collections. Funds for
1007 resurfacing, bridge repair and rehabilitation, bridge fender
1008 system construction or repair, public transit projects except
1009 public transit block grants as provided in s. 341.052, and other
1010 programs with quantitative needs assessments shall be allocated
1011 based on the results of these assessments. The department may
1012 not transfer any funds allocated to a district under this
1013 paragraph to any other district except as provided in subsection
1014 (7). Funds for public transit block grants shall be allocated to
1015 the districts pursuant to s. 341.052. Funds for the intercity
1016 bus program provided for under s. 5311(f) of the federal
1017 nonurbanized area formula program shall be administered and
1018 allocated directly to eligible bus carriers as defined in s.
1019 341.031(12) at the state level rather than the district. In
1020 order to provide state funding to support the intercity bus
1021 program provided for under provisions of the federal 5311(f)
1022 program, the department shall allocate an amount equal to the
1023 federal share of the 5311(f) program from amounts calculated
1024 pursuant to s. 206.46(3).
1025 2. Notwithstanding the provisions of subparagraph 1., the
1026 department shall allocate at least 50 percent of any new
1027 discretionary highway capacity funds to the Florida Strategic
1028 Intermodal System created pursuant to s. 339.61. Any remaining
1029 new discretionary highway capacity funds shall be allocated to
1030 the districts for new construction as provided in subparagraph
1031 1. For the purposes of this subparagraph, the term “new
1032 discretionary highway capacity funds” means any funds available
1033 to the department above the prior year funding level for
1034 capacity improvements, which the department has the discretion
1035 to allocate to highway projects.
1036 3. Notwithstanding subparagraphs 1. and 2. and ss.
1037 201.15(1)(c)1.a.-d., 206.46(3), 334.044(26), and 339.2819(3),
1038 and for the 2011-2012 2010-2011 fiscal year only, the department
1039 shall reduce work program levels to balance the finance plan to
1040 the revised funding levels resulting from any reduction in the
1041 2011-2012 2010-2011 General Appropriations Act. This
1042 subparagraph expires July 1, 2012 2011.
1043 4. For the 2011-2012 2009-2010 fiscal year only, before
1044 prior to any project or phase thereof is being deferred, the
1045 department’s cash balances shall be as provided in paragraph
1046 (6)(b), and the reductions in subparagraph 3. shall be made to
1047 financial projects not programmed for contract letting as
1048 identified with a work program contract class code 8 and the box
1049 code RV. These reductions shall not negatively impact safety or
1050 maintenance or project contingency percentage levels as of April
1051 21, 2011 2009. This subparagraph expires July 1, 2012 2010.
1052 5. Notwithstanding subparagraphs 1. and 2. and ss.
1053 206.46(3) and 334.044(26), and for fiscal years 2009-2010
1054 through 2013-2014 only, the department shall annually allocate
1055 up to $15 million of the first proceeds of the increased
1056 revenues estimated by the November 2009 Revenue Estimating
1057 Conference to be deposited into the State Transportation Trust
1058 Fund to provide for the portion of the transfer of funds
1059 included in s. 343.58(4)(a)1.a. or 2.a., as whichever is
1060 applicable. The transfer of funds included in s. 343.58(4) shall
1061 not negatively impact projects included in fiscal years 2009
1062 2010 through 2013-2014 of the work program as of July 1, 2009,
1063 as amended pursuant to subsection (7). This subparagraph expires
1064 July 1, 2014.
1065 Section 43. In order to implement Specific Appropriations
1066 1918B and 1938S of the 2011-2012 General Appropriations Act,
1067 subsection (5) of section 339.135, Florida Statutes, is amended
1068 to read:
1069 339.135 Work program; legislative budget request;
1070 definitions; preparation, adoption, execution, and amendment.—
1071 (5) ADOPTION OF THE WORK PROGRAM.—
1072 (a) The original approved budget for operational and fixed
1073 capital expenditures for the department shall be the Governor’s
1074 budget recommendation and the first year of the tentative work
1075 program, as both are amended by the General Appropriations Act
1076 and any other act containing appropriations. In accordance with
1077 the appropriations act, the department shall, before prior to
1078 the beginning of the fiscal year, adopt a final work program
1079 which shall only include the original approved budget for the
1080 department for the ensuing fiscal year, together with any roll
1081 forwards approved pursuant to paragraph (6)(c), and the portion
1082 of the tentative work program for the following 4 fiscal years
1083 revised in accordance with the original approved budget for the
1084 department for the ensuing fiscal year together with the said
1085 roll forwards. The adopted work program may include only those
1086 projects submitted as part of the tentative work program
1087 developed under the provisions of subsection (4), plus any
1088 projects which are separately identified by specific
1089 appropriation in the General Appropriations Act and any roll
1090 forwards approved pursuant to paragraph (6)(c). However, any
1091 transportation project of the department which is identified by
1092 specific appropriation in the General Appropriations Act shall
1093 be deducted from the funds annually distributed to the
1094 respective district pursuant to paragraph (4)(a). In addition,
1095 the department shall not in any year include any project or
1096 allocate funds to a program in the adopted work program that is
1097 contrary to existing law for that particular year. Projects
1098 shall not be undertaken unless they are listed in the adopted
1099 work program.
1100 (b) Notwithstanding paragraph (a), and for the 2011-2012
1101 2010-2011 fiscal year only, the Department of Transportation
1102 shall transfer funds to the Office of Tourism, Trade, and
1103 Economic Development in an amount equal to $15 million
1104 $20,300,000 for the purpose of funding transportation-related
1105 needs of economic development projects. This transfer shall not
1106 reduce, delete, or defer any existing projects funded, as of
1107 July 1, 2011 2009, in the Department of Transportation’s 5-year
1108 work program. This paragraph expires July 1, 2012 2011.
1109 (c) Notwithstanding paragraph (a), and for the 2011-2012
1110 fiscal year only, the Department of Transportation shall fund
1111 airport development projects specified in the General
1112 Appropriations Act and, unless requested by the airport sponsor,
1113 may not reduce, delete, or defer any existing projects funded as
1114 of July 1, 2011, in the Department of Transportation’s 5-year
1115 work program. This paragraph expires July 1, 2012.
1116 Section 44. In order to implement section 69 of the 2011
1117 2012 General Appropriations Act, paragraph (n) of subsection (1)
1118 of section 339.08, Florida Statutes, is amended to read:
1119 339.08 Use of moneys in State Transportation Trust Fund.—
1120 (1) The department shall expend moneys in the State
1121 Transportation Trust Fund accruing to the department, in
1122 accordance with its annual budget. The use of such moneys shall
1123 be restricted to the following purposes:
1124 (n) To pay administrative expenses incurred in accordance
1125 with applicable laws for a multicounty transportation or
1126 expressway authority created under chapter 343 or chapter 348
1127 if, where jurisdiction for the authority includes a portion of
1128 the State Highway System and the administrative expenses are in
1129 furtherance of the duties and responsibilities of the authority
1130 in the development of improvements to the State Highway System.
1131 This paragraph expires July 1, 2012 2011.
1132 Section 45. In order to implement section 110 of the 2011
1133 2012 General Appropriations Act, subsection (4) of section
1134 339.08, Florida Statutes, is amended to read:
1135 339.08 Use of moneys in State Transportation Trust Fund.—
1136 (4) For the 2011-2012 2010-2011 fiscal year only and
1137 notwithstanding the provisions of this section and ss. 339.09(1)
1138 and 215.32(2)(b)4., funds may be transferred from the State
1139 Transportation Trust Fund to the State School Trust Fund or the
1140 General Revenue Fund as specified in the General Appropriations
1141 Act. Notwithstanding ss. 206.46(3) and 206.606(2), the total
1142 amount transferred shall be reduced from total state revenues
1143 deposited into the State Transportation Trust Fund for the
1144 calculation requirements of ss. 206.46(3) and 206.606(2). This
1145 subsection expires July 1, 2012 2011.
1146 Section 46. In order to implement Specific Appropriations
1147 2484A through 2484K of the 2011-2012 General Appropriations Act
1148 and notwithstanding chapters 319 and 320, Florida Statutes, the
1149 ownership of all vehicles currently used by the Office of Motor
1150 Carrier Compliance within the Department of Transportation shall
1151 be transferred to the Department of Highway Safety and Motor
1152 Vehicles effective July 1, 2011, without payment of any titling
1153 or registration fees.
1154 Section 47. In order to implement Specific Appropriation
1155 2008 of the 2011-2012 General Appropriations Act, subsection
1156 (11) of section 445.009, Florida Statutes, is amended to read:
1157 445.009 One-stop delivery system.—
1158 (11)(a) A participant in an adult or youth work experience
1159 activity administered under this chapter shall be deemed an
1160 employee of the state for purposes of workers’ compensation
1161 coverage. In determining the average weekly wage, all
1162 remuneration received from the employer shall be considered a
1163 gratuity, and the participant shall not be entitled to any
1164 benefits otherwise payable under s. 440.15, regardless of
1165 whether the participant may be receiving wages and remuneration
1166 from other employment with another employer and regardless of
1167 his or her future wage-earning capacity.
1168 (b) This subsection expires July 1, 2012 2011.
1169 Section 48. In order to implement Specific Appropriation
1170 1498 of the 2011-2012 General Appropriations Act, paragraph (d)
1171 of subsection (3) of section 163.3247, Florida Statutes, is
1172 reenacted to read:
1173 163.3247 Century Commission for a Sustainable Florida.—
1174 (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; CREATION;
1175 ORGANIZATION.—The Century Commission for a Sustainable Florida
1176 is created as a standing body to help the citizens of this state
1177 envision and plan their collective future with an eye towards
1178 both 25-year and 50-year horizons.
1179 (d) Members of the commission shall serve without
1180 compensation.
1181 Section 49. The amendment to s. 163.3247(3)(d), Florida
1182 Statutes, as carried forward by this act from chapter 2010-153,
1183 Laws of Florida, shall expire July 1, 2012, and the text of that
1184 subsection shall revert to that in existence on June 30, 2010,
1185 except that any amendments to such text enacted other than by
1186 this act shall be preserved and continue to operate to the
1187 extent that such amendments are not dependent upon the portions
1188 of text which expire pursuant to this section.
1189 Section 50. In order to implement Specific Appropriation
1190 1498 of the 2011-2012 General Appropriations Act, paragraph (c)
1191 of subsection (1) of section 201.15, Florida Statutes, is
1192 reenacted to read:
1193 201.15 Distribution of taxes collected.—All taxes collected
1194 under this chapter are subject to the service charge imposed in
1195 s. 215.20(1). Prior to distribution under this section, the
1196 Department of Revenue shall deduct amounts necessary to pay the
1197 costs of the collection and enforcement of the tax levied by
1198 this chapter. Such costs and the service charge may not be
1199 levied against any portion of taxes pledged to debt service on
1200 bonds to the extent that the costs and service charge are
1201 required to pay any amounts relating to the bonds. After
1202 distributions are made pursuant to subsection (1), all of the
1203 costs of the collection and enforcement of the tax levied by
1204 this chapter and the service charge shall be available and
1205 transferred to the extent necessary to pay debt service and any
1206 other amounts payable with respect to bonds authorized before
1207 January 1, 2010, secured by revenues distributed pursuant to
1208 subsection (1). All taxes remaining after deduction of costs and
1209 the service charge shall be distributed as follows:
1210 (1) Sixty-three and thirty-one hundredths percent of the
1211 remaining taxes shall be used for the following purposes:
1212 (c) After the required payments under paragraphs (a) and
1213 (b), the remainder shall be paid into the State Treasury to the
1214 credit of:
1215 1. The State Transportation Trust Fund in the Department of
1216 Transportation in the amount of the lesser of 38.2 percent of
1217 the remainder or $541.75 million in each fiscal year, to be used
1218 for the following specified purposes, notwithstanding any other
1219 law to the contrary:
1220 a. For the purposes of capital funding for the New Starts
1221 Transit Program, authorized by Title 49, U.S.C. s. 5309 and
1222 specified in s. 341.051, 10 percent of these funds;
1223 b. For the purposes of the Small County Outreach Program
1224 specified in s. 339.2818, 5 percent of these funds. Effective
1225 July 1, 2014, the percentage allocated under this sub
1226 subparagraph shall be increased to 10 percent;
1227 c. For the purposes of the Strategic Intermodal System
1228 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
1229 of these funds after allocating for the New Starts Transit
1230 Program described in sub-subparagraph a. and the Small County
1231 Outreach Program described in sub-subparagraph b.; and
1232 d. For the purposes of the Transportation Regional
1233 Incentive Program specified in s. 339.2819, 25 percent of these
1234 funds after allocating for the New Starts Transit Program
1235 described in sub-subparagraph a. and the Small County Outreach
1236 Program described in sub-subparagraph b. Effective July 1, 2014,
1237 the first $60 million of the funds allocated pursuant to this
1238 sub-subparagraph shall be allocated annually to the Florida Rail
1239 Enterprise for the purposes established in s. 341.303(5).
1240 2. The Grants and Donations Trust Fund in the Department of
1241 Community Affairs in the amount of the lesser of .23 percent of
1242 the remainder or $3.25 million in each fiscal year to fund
1243 technical assistance to local governments and school boards on
1244 the requirements and implementation of this act.
1245 3. The Ecosystem Management and Restoration Trust Fund in
1246 the amount of the lesser of 2.12 percent of the remainder or $30
1247 million in each fiscal year, to be used for the preservation and
1248 repair of the state’s beaches as provided in ss. 161.091
1249 161.212.
1250 4. General Inspection Trust Fund in the amount of the
1251 lesser of .02 percent of the remainder or $300,000 in each
1252 fiscal year to be used to fund oyster management and restoration
1253 programs as provided in s. 379.362(3).
1254
1255 Moneys distributed pursuant to this paragraph may not be pledged
1256 for debt service unless such pledge is approved by referendum of
1257 the voters.
1258 Section 51. The amendment to s. 201.15(1)(c)2., Florida
1259 Statutes, as carried forward by this act from chapter 2010-153,
1260 Laws of Florida, shall expire July 1, 2012, and the text of that
1261 subsection shall revert to that in existence on June 30, 2010,
1262 except that any amendments to such text enacted other than by
1263 this act shall be preserved and continue to operate to the
1264 extent that such amendments are not dependent upon the portions
1265 of text which expire pursuant to this section.
1266 Section 52. In order to implement Specific Appropriations
1267 1918A through 1919, 1938A through 1938C, 1938E through 1939V,
1268 and 1976A through 1976K of the 2011-2012 General Appropriations
1269 Act, subsection (3) of section 206.608, Florida Statutes, is
1270 amended to read:
1271 206.608 State Comprehensive Enhanced Transportation System
1272 Tax; deposit of proceeds; distribution.—Moneys received pursuant
1273 to ss. 206.41(1)(f) and 206.87(1)(d) shall be deposited in the
1274 Fuel Tax Collection Trust Fund, and, after deducting the service
1275 charge imposed in chapter 215 and administrative costs incurred
1276 by the department in collecting, administering, enforcing, and
1277 distributing the tax, which administrative costs may not exceed
1278 2 percent of collections, shall be distributed as follows:
1279 (3) For the 2011-2012 2010-2011 fiscal year only, and
1280 notwithstanding the provisions of subsection (2), the remaining
1281 proceeds of the tax levied pursuant to s. 206.41(1)(f) and all
1282 of the proceeds from the tax imposed by s. 206.87(1)(d) shall be
1283 transferred into the State Transportation Trust Fund and shall
1284 be used for the purposes stated in s. 339.08. This subsection
1285 expires July 1, 2012 2011.
1286 Section 53. In order to implement Specific Appropriations
1287 2453 through 2535A and notwithstanding s. 320.204, Florida
1288 Statutes, for the 2011-2012 fiscal year only, funds may not be
1289 transferred from the Highway Safety Operating Trust Fund to the
1290 Transportation Disadvantaged Trust Fund in the Department of
1291 Transportation.
1292 Section 54. In order to implement Specific Appropriations
1293 1918C, 1918H, 1918I and 1918J, and notwithstanding s.
1294 341.303(6)(a), Florida Statutes, funding for passenger rail for
1295 the 2011-2012 fiscal year is included in the Transportations
1296 Systems Development budget entity.
1297 Section 55. In order to implement Specific Appropriation
1298 2484A, all sworn law enforcement employee positions classified
1299 as “captain” or “major” in the Office of Motor Carrier
1300 Compliance who are exempt from the career service in accordance
1301 with s. 110.205(2)(m)3., Florida Statutes, shall be placed in
1302 the career service upon transfer to the Florida Highway Patrol
1303 in the Department of Highway Safety and Motor Vehicles.
1304 Incumbents of captains and majors positions in the Office of
1305 Motor Carrier Compliance as of June 30, 2011, who have 1 year of
1306 satisfactory service in their positions shall receive permanent
1307 status in that position within the Department of Highway Safety
1308 and Motor Vehicles. It is the intent of the Legislature that the
1309 incumbent of any career service position in the Office of Motor
1310 Carrier Compliance as of June 30, 2011, retain his or her
1311 current status upon transfer to the Department of Highway Safety
1312 and Motor Vehicles as provided in the General Appropriations
1313 Act.
1314 Section 56. In order to implement Specific Appropriation
1315 1938Q, for the 2011-2012 fiscal year only, and notwithstanding
1316 s. 338.251, Florida Statutes, the Department of Transportation
1317 is authorized to grant not more than $3 million in total from
1318 the Toll Facilities Revolving Trust Fund to authorities created
1319 under chapter 348, Florida Statutes, for preliminary
1320 engineering, traffic, and revenue studies, environmental impact
1321 studies, financial advisory services, engineering design, right
1322 of-way map preparation, operations, other appropriate project
1323 related professional services, and advanced right-of-way
1324 acquisition.
1325 Section 57. In order to implement the appropriation of
1326 funds in appropriation category “Special Categories-Risk
1327 Management Insurance” in the 2011-2012 General Appropriations
1328 Act, and pursuant to the notice, review, and objection
1329 procedures of s. 216.177, Florida Statutes, the Executive Office
1330 of the Governor may transfer funds appropriated in that category
1331 between departments in order to align the budget authority
1332 granted with the premiums paid by each department for risk
1333 management insurance. This section expires July 1, 2012.
1334 Section 58. In order to implement the appropriation of
1335 funds in the appropriation category “Special Categories-Transfer
1336 to Department of Management Services-Human Resources Services
1337 Purchased Per Statewide Contract” in the 2011-2012 General
1338 Appropriations Act,” and pursuant to the notice, review, and
1339 objection procedures of s. 216.177, Florida Statutes, the
1340 Executive Office of the Governor may transfer funds appropriated
1341 in that category between departments in order to align the
1342 budget authority granted with the assessments that must be paid
1343 by each agency to the Department of Management Services for
1344 human resource management services. This section expires July 1,
1345 2012.
1346 Section 59. In order to implement specific appropriations
1347 for salaries and benefits in the 2011-2012 General
1348 Appropriations Act, paragraph (a) of subsection (12) of section
1349 110.123, Florida Statutes, is amended to read:
1350 110.123 State group insurance program.—
1351 (12) HEALTH SAVINGS ACCOUNTS.—The department is authorized
1352 to establish health savings accounts for full-time and part-time
1353 state employees in association with a health insurance plan
1354 option authorized by the Legislature and conforming to the
1355 requirements and limitations of federal provisions relating to
1356 the Medicare Prescription Drug, Improvement, and Modernization
1357 Act of 2003.
1358 (a)1. A member participating in this health insurance plan
1359 option is shall be eligible to receive an employer contribution
1360 into the employee’s health savings account from the State
1361 Employees Health Insurance Trust Fund in an amount to be
1362 determined by the Legislature. A member is not eligible for an
1363 employer contribution upon termination of employment. For the
1364 2011-2012 2010-2011 fiscal year, the state’s monthly
1365 contribution for employees having individual coverage shall be
1366 $41.66 and the monthly contribution for employees having family
1367 coverage shall be $83.33.
1368 2. A member participating in this health insurance plan
1369 option is shall be eligible to deposit the member’s own funds
1370 into a health savings account.
1371 Section 60. In order to implement section 8 of the 2011
1372 2012 General Appropriations Act, paragraph (j) of subsection (3)
1373 of section 110.123, Florida Statutes, is amended to read:
1374 110.123 State group insurance program.—
1375 (3) STATE GROUP INSURANCE PROGRAM.—
1376 (j) Notwithstanding the provisions of paragraph (f)
1377 requiring uniform contributions, and for the 2011-2012 2010-2011
1378 fiscal year only, the state contribution toward the cost of any
1379 plan in the state group insurance plan is shall be the
1380 difference between the overall premium and the employee
1381 contribution. This subsection expires June 30, 2012 2011.
1382 Section 61. In order to implement specific appropriations
1383 for salaries and benefits in the 2011-2012 General
1384 Appropriations Act, paragraph (b) of subsection (3) of section
1385 112.24, Florida Statutes, is amended to read:
1386 112.24 Intergovernmental interchange of public employees.
1387 To encourage economical and effective utilization of public
1388 employees in this state, the temporary assignment of employees
1389 among agencies of government, both state and local, and
1390 including school districts and public institutions of higher
1391 education is authorized under terms and conditions set forth in
1392 this section. State agencies, municipalities, and political
1393 subdivisions are authorized to enter into employee interchange
1394 agreements with other state agencies, the Federal Government,
1395 another state, a municipality, or a political subdivision
1396 including a school district, or with a public institution of
1397 higher education. State agencies are also authorized to enter
1398 into employee interchange agreements with private institutions
1399 of higher education and other nonprofit organizations under the
1400 terms and conditions provided in this section. In addition, the
1401 Governor or the Governor and Cabinet may enter into employee
1402 interchange agreements with a state agency, the Federal
1403 Government, another state, a municipality, or a political
1404 subdivision including a school district, or with a public
1405 institution of higher learning to fill, subject to the
1406 requirements of chapter 20, appointive offices which are within
1407 the executive branch of government and which are filled by
1408 appointment by the Governor or the Governor and Cabinet. Under
1409 no circumstances shall employee interchange agreements be
1410 utilized for the purpose of assigning individuals to participate
1411 in political campaigns. Duties and responsibilities of
1412 interchange employees shall be limited to the mission and goals
1413 of the agencies of government.
1414 (3) Salary, leave, travel and transportation, and
1415 reimbursements for an employee of a sending party that is
1416 participating in an interchange program shall be handled as
1417 follows:
1418 (b)1. The assignment of an employee of a state agency
1419 either on detail or on leave of absence may be made without
1420 reimbursement by the receiving party for the travel and
1421 transportation expenses to or from the place of the assignment
1422 or for the pay and benefits, or a part thereof, of the employee
1423 during the assignment.
1424 2. For the 2011-2012 2010-2011 fiscal year only, the
1425 assignment of an employee of a state agency as provided in
1426 subparagraph 1. may be made if recommended by the Governor or
1427 Chief Justice, as appropriate, and approved by the chairs of the
1428 legislative appropriations committees Senate Policy and Steering
1429 Committee on Ways and Means and the House Full appropriations
1430 Council on Education and Economic Development. Such actions
1431 shall be deemed approved if neither chair provides written
1432 notice of objection within 14 days after the chair’s receiving
1433 notice of the action pursuant to s. 216.177. This subparagraph
1434 expires July 1, 2012 2011.
1435 Section 62. In order to implement Specific Appropriations
1436 2536 and 2537 of the 2011-2012 General Appropriations Act and
1437 notwithstanding the provisions of s. 11.13(1), Florida Statutes,
1438 the authorized salaries for members of the Legislature for the
1439 2011-2012 fiscal year shall be set at the same level in effect
1440 on July 1, 2010. This section expires July 1, 2012.
1441 Section 63. If HB 5011 or similar legislation fails to
1442 become law and notwithstanding s. 27.709, Florida Statutes, in
1443 order to implement Specific Appropriations 760 through 762 of
1444 the 2011-2012 General Appropriations Act, subsection (1) of
1445 section 27.710, Florida Statutes, is amended to read:
1446 27.710 Registry of attorneys applying to represent persons
1447 in postconviction capital collateral proceedings; certification
1448 of minimum requirements; appointment by trial court.—
1449 (1) The executive director of the Justice Administrative
1450 Commission on Capital Cases shall compile and maintain a
1451 statewide registry of attorneys in private practice who have
1452 certified that they meet the minimum requirements of s.
1453 27.704(2), who are available for appointment by the court under
1454 this section to represent persons convicted and sentenced to
1455 death in this state in postconviction collateral proceedings,
1456 and who have attended within the last year a continuing legal
1457 education program of at least 10 hours’ duration devoted
1458 specifically to the defense of capital cases, if available.
1459 Continuing legal education programs meeting the requirements of
1460 this rule offered by The Florida Bar or another recognized
1461 provider and approved for continuing legal education credit by
1462 The Florida Bar shall satisfy this requirement. The failure to
1463 comply with this requirement may be cause for removal from the
1464 list until the requirement is fulfilled. To ensure that
1465 sufficient attorneys are available for appointment by the court,
1466 if when the number of attorneys on the registry falls below 50,
1467 the executive director shall notify the chief judge of each
1468 circuit by letter and request the chief judge to promptly submit
1469 the names of at least three private attorneys who regularly
1470 practice criminal law in that circuit and who appear to meet the
1471 minimum requirements to represent persons in postconviction
1472 capital collateral proceedings. The executive director shall
1473 send an application to each attorney identified by the chief
1474 judge so that the attorney may register for appointment as
1475 counsel in postconviction capital collateral proceedings. As
1476 necessary, the executive director may also advertise in legal
1477 publications and other appropriate media for qualified attorneys
1478 interested in registering for appointment as counsel in
1479 postconviction capital collateral proceedings. Not later than
1480 September 1 of each year, and as necessary thereafter, the
1481 executive director shall provide to the Chief Justice of the
1482 Supreme Court, the chief judge and state attorney in each
1483 judicial circuit, and the Attorney General a current copy of its
1484 registry of attorneys who are available for appointment as
1485 counsel in postconviction capital collateral proceedings. The
1486 registry must be indexed by judicial circuit and must contain
1487 the requisite information submitted by the applicants in
1488 accordance with this section.
1489 Section 64. The amendment to s. 27.710(1), Florida
1490 Statutes, shall expire July 1, 2012, and the text of that
1491 subsection shall revert to that in existence on June 30, 2011,
1492 except that any amendments to such text enacted other than by
1493 this act shall be preserved and continue to operate to the
1494 extent that such amendments are not dependent upon the portions
1495 of text which expire pursuant to this section.
1496 Section 65. In order to implement the transfer of funds to
1497 the State School Trust Fund from trust funds in the 2011-2012
1498 General Appropriations Act, paragraph (b) of subsection (2) of
1499 section 215.32, Florida Statutes, is reenacted and amended to
1500 read:
1501 215.32 State funds; segregation.—
1502 (2) The source and use of each of these funds shall be as
1503 follows:
1504 (b)1. The trust funds shall consist of moneys received by
1505 the state which under law or under trust agreement are
1506 segregated for a purpose authorized by law. The state agency or
1507 branch of state government receiving or collecting such moneys
1508 are shall be responsible for their proper expenditure as
1509 provided by law. Upon the request of the state agency or branch
1510 of state government responsible for the administration of the
1511 trust fund, the Chief Financial Officer may establish accounts
1512 within the trust fund at a level considered necessary for proper
1513 accountability. Once an account is established within a trust
1514 fund, the Chief Financial Officer may authorize payment from
1515 that account only upon determining that there is sufficient cash
1516 and releases at the level of the account.
1517 2. In addition to other trust funds created by law, to the
1518 extent possible, each agency shall use the following trust funds
1519 as described in this subparagraph for day-to-day operations:
1520 a. Operations or operating trust fund, for use as a
1521 depository for funds to be used for program operations funded by
1522 program revenues, with the exception of administrative
1523 activities when the operations or operating trust fund is a
1524 proprietary fund.
1525 b. Operations and maintenance trust fund, for use as a
1526 depository for client services funded by third-party payors.
1527 c. Administrative trust fund, for use as a depository for
1528 funds to be used for management activities that are departmental
1529 in nature and funded by indirect cost earnings and assessments
1530 against trust funds. Proprietary funds are excluded from the
1531 requirement of using an administrative trust fund.
1532 d. Grants and donations trust fund, for use as a depository
1533 for funds to be used for allowable grant or donor agreement
1534 activities funded by restricted contractual revenue from private
1535 and public nonfederal sources.
1536 e. Agency working capital trust fund, for use as a
1537 depository for funds to be used pursuant to s. 216.272.
1538 f. Clearing funds trust fund, for use as a depository for
1539 funds to account for collections pending distribution to lawful
1540 recipients.
1541 g. Federal grant trust fund, for use as a depository for
1542 funds to be used for allowable grant activities funded by
1543 restricted program revenues from federal sources.
1544
1545 To the extent possible, each agency must adjust its internal
1546 accounting to use existing trust funds consistent with the
1547 requirements of this subparagraph. If an agency does not have
1548 trust funds listed in this subparagraph and cannot make such
1549 adjustment, the agency must recommend the creation of the
1550 necessary trust funds to the Legislature no later than the next
1551 scheduled review of the agency’s trust funds pursuant to s.
1552 215.3206.
1553 3. All such moneys are hereby appropriated to be expended
1554 in accordance with the law or trust agreement under which they
1555 were received, subject always to the provisions of chapter 216
1556 relating to the appropriation of funds and to the applicable
1557 laws relating to the deposit or expenditure of moneys in the
1558 State Treasury.
1559 4.a. Notwithstanding any provision of law restricting the
1560 use of trust funds to specific purposes, unappropriated cash
1561 balances from selected trust funds may be authorized by the
1562 Legislature for transfer to the State School Trust Fund, Budget
1563 Stabilization Fund, and General Revenue Fund in the General
1564 Appropriations Act.
1565 b. This subparagraph does not apply to trust funds required
1566 by federal programs or mandates; trust funds established for
1567 bond covenants, indentures, or resolutions whose revenues are
1568 legally pledged by the state or public body to meet debt service
1569 or other financial requirements of any debt obligations of the
1570 state or any public body; the Division of Licensing Trust Fund
1571 in the Department of Agriculture and Consumer Services; the
1572 State Transportation Trust Fund; the trust fund containing the
1573 net annual proceeds from the Florida Education Lotteries; the
1574 Florida Retirement System Trust Fund; trust funds under the
1575 management of the State Board of Education or the Board of
1576 Governors of the State University System, where such trust funds
1577 are for auxiliary enterprises, self-insurance, and contracts,
1578 grants, and donations, as those terms are defined by general
1579 law; trust funds that serve as clearing funds or accounts for
1580 the Chief Financial Officer or state agencies; trust funds that
1581 account for assets held by the state in a trustee capacity as an
1582 agent or fiduciary for individuals, private organizations, or
1583 other governmental units; and other trust funds authorized by
1584 the State Constitution.
1585 Section 66. The amendment to s. 215.32(2)(b), Florida
1586 Statutes, as carried forward by this act from chapter 2010-153,
1587 Laws of Florida, shall expire July 1, 2012, and the text of that
1588 subsection shall revert to that in existence on June 30, 2010,
1589 except that any amendments to such text enacted other than by
1590 this act shall be preserved and continue to operate to the
1591 extent that such amendments are not dependent upon the portions
1592 of text which expire pursuant to this section.
1593 Section 67. In order to implement the transfer of moneys to
1594 the General Revenue Fund from trust funds in the 2011-2012
1595 General Appropriations Act, paragraph (b) of subsection (4) of
1596 section 215.5601, Florida Statutes, is reenacted and amended to
1597 read:
1598 215.5601 Lawton Chiles Endowment Fund.—
1599 (4) ADMINISTRATION.—
1600 (b) The endowment shall be managed as an annuity. The
1601 investment objective is the shall be long-term preservation of
1602 the real value of the net contributed principal and a specified
1603 regular annual cash outflow for appropriation, as nonrecurring
1604 revenue. From the annual cash outflow, a pro rata share shall be
1605 used solely for biomedical research activities as provided in
1606 paragraph (3)(d), until such time as cures are found for
1607 tobacco-related cancer and heart and lung disease. Five percent
1608 of the annual cash outflow dedicated to the biomedical research
1609 portion of the endowment shall be reinvested and applied to that
1610 portion of the endowment’s principal, with the remainder to be
1611 spent on biomedical research activities consistent with this
1612 section. The schedule of annual cash outflow must shall be
1613 included within the investment plan adopted under paragraph (a).
1614 Withdrawals other than specified regular cash outflow are shall
1615 be considered reductions in contributed principal for the
1616 purposes of this subsection.
1617 Section 68. The amendment to s. 215.5601(b), Florida
1618 Statutes, as carried forward by this act from chapter 2010-153,
1619 Laws of Florida, shall expire July 1, 2012, and the text of that
1620 subsection shall revert to that in existence on June 30, 2010,
1621 except that any amendments to such text enacted other than by
1622 this act shall be preserved and continue to operate to the
1623 extent that such amendments are not dependent upon the portions
1624 of text which expire pursuant to this section.
1625 Section 69. In order to implement the issuance of new debt
1626 authorized in the 2011-2012 General Appropriations Act, and
1627 pursuant to s. 215.98, Florida Statutes, the Legislature
1628 determines that the authorization and issuance of debt for the
1629 2011-2012 fiscal year should be implemented, is in the best
1630 interest of the state, and necessary to address a critical state
1631 emergency. This section expires July 1, 2012.
1632 Section 70. In order to implement the funds appropriated in
1633 the 2011-2012 General Appropriations Act for state employee
1634 travel, the funds appropriated to each state agency, which may
1635 be used for travel by state employees, are limited during the
1636 2011-2012 fiscal year to travel for activities that are critical
1637 to each state agency’s mission. Funds may not be used to pay for
1638 travel by state employees to foreign countries, other states,
1639 conferences, staff-training activities, or other administrative
1640 functions unless the agency head has approved in writing that
1641 such activities are critical to the agency’s mission. The agency
1642 head must consider the use of teleconferencing and other forms
1643 of electronic communication to meet the needs of the proposed
1644 activity before approving mission-critical travel. This section
1645 does not apply to travel for law enforcement purposes, military
1646 purposes, emergency management activities, or public health
1647 activities. This section expires July 1, 2012.
1648 Section 71. In order to implement the appropriations
1649 authorized in the 2011-2012 General Appropriations Act for each
1650 of the state’s designated primary data centers, which are funded
1651 from the data processing appropriation category and other
1652 categories used to pay for computing services of user agencies,
1653 and pursuant to the notice, review, and objection procedures of
1654 s. 216.177, Florida Statutes, the Executive Office of the
1655 Governor may transfer funds appropriated in any appropriation
1656 category used to pay for data processing in the 2011-2012
1657 General Appropriations Act between agencies in order to align
1658 the budget authority granted with the utilization rate of each
1659 department. This section expires July 1, 2012.
1660 Section 72. State agencies that are required to begin
1661 planning for a data center consolidation scheduled for a
1662 subsequent fiscal year may accelerate the consolidation into the
1663 2011-2012 fiscal year, contingent upon approval by the
1664 Legislative Budget Commission of budget adjustments necessary to
1665 accomplish the consolidation. The primary data center may
1666 establish positions contingent on an equal or greater number of
1667 positions being placed in reserve from the agency data centers
1668 being consolidated. This section expires July 1, 2012.
1669 Section 73. In order to implement Specific Appropriation
1670 2690 of the 2011-2012 General Appropriations Act, the Executive
1671 Office of the Governor may transfer funds appropriated in the
1672 appropriation category “Expenses” of the 2011-2012 General
1673 Appropriations Act between agencies in order to allocate a
1674 reduction relating to SUNCOM Services. This section expires July
1675 1, 2012.
1676 Section 74. In order to implement section 8 of the General
1677 Appropriations Act for the 2011-2012 fiscal year, paragraph (a)
1678 of subsection (7) of section 110.12315, Florida Statutes, is
1679 reenacted to read:
1680 110.12315 Prescription drug program.—The state employees’
1681 prescription drug program is established. This program shall be
1682 administered by the Department of Management Services, according
1683 to the terms and conditions of the plan as established by the
1684 relevant provisions of the annual General Appropriations Act and
1685 implementing legislation, subject to the following conditions:
1686 (7) Under the state employees’ prescription drug program
1687 copayments must be made as follows:
1688 (a) Effective January 1, 2011, for the State Group Health
1689 Insurance Standard Plan:
1690 1. For generic drug with card.........................$7.
1691 2. For preferred brand name drug with card...........$30.
1692 3. For nonpreferred brand name drug with card........$50.
1693 4. For generic mail order drug.......................$14.
1694 5. For preferred brand name mail order drug..........$60.
1695 6. For nonpreferred brand name mail order drug......$100.
1696 Section 75. The amendment to s. 110.12315(7)(a), Florida
1697 Statutes, as carried forward by this act from chapter 2010-153,
1698 Laws of Florida, shall expire on July 1, 2012, and the text of
1699 that paragraph shall revert to that in existence on December 31,
1700 2010, except that any amendments to such text enacted other than
1701 by this act shall be preserved and continue to operate to the
1702 extent that such amendments are not dependent upon the portions
1703 of text which expire pursuant to this section.
1704 Section 76. In order to implement Specific Appropriations
1705 2587 through 2597 of the 2011-2012 General Appropriations Act,
1706 and notwithstanding chapter 255, Florida Statutes, the
1707 Department of Management Services shall use the services of a
1708 tenant broker to renegotiate all leases over 150,000 square
1709 feet. Based on the renegotiations, and by September 30, 2011,
1710 the department shall report to the Legislative Budget Commission
1711 the projected savings, implementation costs, and recommendations
1712 for leases to terminate.
1713 (1) The report shall also identify any leases that do not
1714 comply with state law or the State Constitution, including
1715 noncompliance due to a nonappropriation clause, and include
1716 recommendations to bring such leases into compliance by June 30,
1717 2012.
1718 (2) State agencies shall propose budget amendments pursuant
1719 to chapter 216, Florida Statutes, to place the budget authority
1720 associated with the cost savings into reserve. If it is
1721 determined that additional savings may be derived from
1722 consolidating, collocating, and or restacking office space, the
1723 Executive Office of the Governor may transfer funds appropriated
1724 between agencies, subject to the notice, review, and objection
1725 procedures of s. 216.177, Florida Statutes.
1726 (3) This section expires July 1, 2012.
1727 Section 77. In order to implement appropriations used for
1728 the payments of existing lease contracts for private office or
1729 storage space in excess of 2,000 square feet, the Department of
1730 Management Services, together with the cooperation of the
1731 agencies having the existing lease contracts, shall seek to
1732 renegotiate or reprocure all private lease agreements expiring
1733 before June 30, 2013, in order to achieve a reduction in costs
1734 in future years. The department shall incorporate this
1735 initiative into its 2011 Master Leasing Report and may use
1736 tenant broker services to explore the possibilities of
1737 collocation, to review the space needs of each agency, and to
1738 review the length and terms of potential renewals or
1739 renegotiations. The department shall provide a report by March
1740 1, 2012, to the Executive Office of the Governor, the President
1741 of the Senate, and the Speaker of the House of Representatives
1742 which lists each lease contract for private office or storage
1743 space, the status of renegotiations, and the savings achieved.
1744 This section expires July 1, 2012.
1745 Section 78. In order to implement specific appropriations
1746 for the purchase of pharmacy products in the 2011-2012 General
1747 Appropriations Act the Department of Management Services shall
1748 issue by November 1, 2011, a competitive solicitation pursuant
1749 to chapter 287 for a pharmaceutical purchasing arrangement as a
1750 state term contract. The solicitation shall invite group
1751 purchasing organizations or other vendors to offer a system for
1752 drug purchasing, excluding those drugs purchased by Medicaid,
1753 which provides transparent pricing to the extent permitted by
1754 federal law, permits purchases outside the agreement if such
1755 purchases offer the best value to the state, and establishes a
1756 preferred drug list that utilizes generic drugs to the extent
1757 feasible and cost effective. The department shall work with
1758 other agencies with subject matter expertise in the
1759 implementation of this section. Award of any contract is
1760 contingent upon the approval of the Legislative Budget
1761 Commission that the requirements of this section have been met.
1762 Upon approval of the Legislative Budget Commission, the
1763 Department of Health shall terminate its participation in the
1764 Minnesota Multistate Contracting Alliance for Pharmacy.
1765 Section 79. In order to implement Specific Appropriation
1766 193 of the 2011-2012 General Appropriations Act and
1767 notwithstanding chapter 287, Florida Statutes, the Agency for
1768 Health Care Administration shall competitively reprocure a
1769 Florida Discount Drug Card Program to provide market competitive
1770 discounts through a broad network of retail pharmacies and a
1771 mail order pharmacy within the state and return money to the
1772 state on a per prescription dispensed basis. Discounts shall be
1773 available to Florida residents without income restrictions.
1774 Residents shall be able to enroll and acquire a member
1775 identification card from the participating pharmacies, online
1776 and through text messaging, without a charge. Revenues derived
1777 from this contract shall be deposited into the agency’s Grants
1778 and Donations Trust Fund to reduce the cost of Medicaid pharmacy
1779 purchases. This section expires July 1, 2012.
1780 Section 80. In order to implement specific appropriations
1781 for Expense and Other Capital Outlay in the 2011-2012 General
1782 Appropriations Act, subsection (8) is added to section 946.515,
1783 Florida Statutes, to read:
1784 946.515 Use of goods and services produced in correctional
1785 work programs.—
1786 (8) On June 30, 2012, each state agency must submit a
1787 report to the President of the Senate and the Speaker of the
1788 House of Representatives which lists products or services
1789 obtained from a source other than the corporation when a
1790 comparable product or service could have been obtained from the
1791 corporation. The report must include an explanation of why the
1792 product or service was not obtained from the corporation. This
1793 subsection expires July 1, 2012.
1794 Section 81. Any section of this act which implements a
1795 specific appropriation or specifically identified proviso
1796 language in the 2011-2012 General Appropriations Act is void if
1797 the specific appropriation or specifically identified proviso
1798 language is vetoed. Any section of this act which implements
1799 more than one specific appropriation or more than one portion of
1800 specifically identified proviso language in the 2011-2012
1801 General Appropriations Act is void if all the specific
1802 appropriations or portions of specifically identified proviso
1803 language are vetoed.
1804 Section 82. If any other act passed during the 2011 Regular
1805 Session contains a provision that is substantively the same as a
1806 provision in this act, but that removes or is otherwise not
1807 subject to the future repeal applied to such provision by this
1808 act, the Legislature intends that the provision in the other act
1809 takes precedence and continues to operate, notwithstanding the
1810 future repeal provided by this act.
1811 Section 83. If any provision of this act or its application
1812 to any person or circumstance is held invalid, the invalidity
1813 does not affect other provisions or applications of the act
1814 which can be given effect without the invalid provision or
1815 application, and to this end the provisions of this act are
1816 severable.
1817 Section 84. Except as otherwise expressly provided in this
1818 act and except for this section, which shall take effect upon
1819 this act becoming a law, this act shall take effect July 1,
1820 2011; or, if this act fails to become a law until after that
1821 date, it shall take effect upon becoming a law and shall operate
1822 retroactively to July 1, 2011.