SB 2002 First Engrossed
20122002e1
1 A bill to be entitled
2 An act implementing the 2012-2013 General
3 Appropriations Act; providing legislative intent;
4 incorporating by reference certain calculations of the
5 Florida Education Finance Program for the 2012-2013
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 a
10 university board of trustees to expend reserve or
11 carry-forward balances for the establishment of a new
12 campus; providing requirements relating to completing
13 phase 2 and phase 3 of the Department of Health’s
14 Florida Onsite Sewage Nitrogen Reduction Strategies
15 Study; incorporating by reference certain calculations
16 of the Medicaid Low-Income Pool, Disproportionate
17 Share Hospital, and Hospital Exemptions Programs;
18 amending s. 20.04, F.S.; providing for organizational
19 units called “circuits” and “regions” in the
20 Department of Children and Family Services; providing
21 for the future expiration of certain amendments to
22 such provision and for the reversion of statutory
23 text; specifying how funds appropriated to the
24 Department of Children and Family Services for adult
25 community mental health and adult substance abuse
26 services are spent; amending s. 409.912, F.S.;
27 authorizing the Agency for Health Care Administration
28 to provide a Medicaid prepaid dental health program in
29 Miami-Dade County; authorizing the agency to seek
30 revisions or amendments to the state plan or federal
31 waivers in order to implement the program; requiring
32 that the agency terminate existing contracts as
33 necessary to implement the program; requiring certain
34 budget amendments recommending the release of funds
35 for the FAMU Crestview Education Center project to
36 provide more notice and be subject to certain
37 objection procedures; authorizing the Department of
38 Corrections and the Department of Juvenile Justice to
39 make certain expenditures to defray costs incurred by
40 a municipality or county for opening or operating a
41 facility under the authority of the respective entity;
42 amending s. 216.262, F.S.; providing for additional
43 positions to operate additional prison bed capacity
44 under certain circumstances; authorizing the
45 Department of Legal Affairs to transfer certain funds
46 to pay salaries and benefits and to continue to expend
47 appropriated funds as directed in prior appropriations
48 acts; amending s. 932.7055, F.S.; authorizing a
49 municipality to expend funds from its special law
50 enforcement trust fund to reimburse the municipality’s
51 general fund; requiring that the Department of
52 Juvenile Justice comply with specified reimbursement
53 limitations with respect to payments to hospitals or
54 health care providers for health care services;
55 authorizing certain payments pursuant to a contracted
56 rate only until the contract expires or is renewed;
57 defining the term “hospital” for purposes of such
58 limitations; amending s. 215.18, F.S.; providing for
59 trust fund loans to the state court system sufficient
60 to meet its appropriation; providing that any funds
61 remaining in the Clerks of the Courts Trust Fund
62 remain available to the clerks; incorporating certain
63 documents by reference which display the calculations
64 used to make the appropriations for the clerks of the
65 court and the state trial courts; amending s. 29.008,
66 F.S.; providing counties with an exemption from the
67 requirement to annually increase certain expenditures
68 by a specified percentage; requiring the Department of
69 Management Services to use certain interest earnings
70 to fund the administration of the MyFlorida.com
71 portal; amending s. 375.041, F.S.; providing for the
72 transfer of moneys from the Land Acquisition Trust
73 Fund to support the Total Maximum Daily Loads
74 programs; amending s. 373.59, F.S.; providing for the
75 allocation of moneys from the Water Management Lands
76 Trust Fund for certain purposes; reenacting s.
77 403.1651(1)(g), F.S., relating to the use of funds
78 from the Ecosystem Management and Restoration Trust
79 Fund for the purpose of funding activities to preserve
80 and repair the state’s beaches; providing for the
81 future expiration of certain amendments to such
82 provision and for the reversion of statutory text;
83 amending s. 403.7095, F.S.; requiring that the
84 Department of Environmental Protection award a
85 specified amount in grants to certain counties for
86 solid waste programs; authorizing the Department of
87 Agriculture and Consumer Services to extend, revise,
88 and renew current contracts or agreements created or
89 entered into for the purpose of promotion of
90 agriculture; amending s. 379.209, F.S.; authorizing
91 the Fish and Wildlife Conservation Commission to
92 transfer funds from the Nongame Wildlife Trust Fund to
93 the Grants and Donations Trust Fund to support cash
94 flow needs; authorizing the commission to transfer
95 hunting and fishing license revenue to repay a loan;
96 authorizing the Executive Office of the Governor to
97 transfer appropriations between the Fish and Wildlife
98 Conservation Commission in order to implement projects
99 relating to the restoration of Lake Apopka; amending
100 s. 373.4145, F.S.; directing the Northwest Florida
101 Water Management District to use certain funds to fund
102 the environmental resource permitting program if
103 certain other funds have been expended; amending s.
104 445.009, F.S.; providing that a participant in an
105 adult or youth work experience activity under ch. 445,
106 F.S., is an employee of the state for purposes of
107 workers’ compensation coverage; reenacting s.
108 163.3247(3)(d), F.S., relating to members of the
109 Century Commission for a Sustainable Florida serving
110 without compensation; providing for the future
111 expiration of certain amendments to such provision and
112 for the reversion of statutory text; reenacting s.
113 201.15(1)(c), F.S., relating to funds deposited into
114 the Grants and Donations Trust Fund in the Department
115 of Economic Opportunity which are used to fund
116 technical assistance to local governments and school
117 boards; providing for the future expiration of certain
118 amendments to such provision and for the reversion of
119 statutory text; amending chapter 2011-142, Laws of
120 Florida; extending the date the Commission on Oil
121 Spill Response Coordination must submit a report
122 relating to offshore oil drilling and damage claims;
123 authorizing the Executive Office of the Governor to
124 transfer funds between departments for purposes of
125 aligning amounts paid for risk management premiums;
126 authorizing the Department of Transportation to
127 reallocate FTE reductions; authorizing the Executive
128 Office of the Governor to transfer funds between
129 departments for purposes of aligning amounts paid for
130 human resource management services; amending s.
131 110.123, F.S., relating to the state group insurance
132 program; providing the state’s monthly contribution
133 for individual coverage; providing that the state
134 contribution toward the cost of a plan is the
135 difference between the overall premium and the
136 employee contribution; amending s. 112.24, F.S.;
137 providing conditions relating to the assignment of an
138 employee of a state agency without reimbursement from
139 the receiving agency; providing that the annual salary
140 of the members of the Legislature be maintained at a
141 specified level; reenacting s. 215.5601(4)(b), F.S.,
142 relating to the administration of the Lawton Chiles
143 Endowment Fund; providing for the future expiration of
144 certain amendments to such provision and for the
145 reversion of statutory text; providing a legislative
146 finding that the issuance of new debt is in the best
147 interests of the state and necessary to address a
148 critical state emergency; limiting the use of travel
149 funds to activities that are critical to an agency’s
150 mission; providing exceptions; authorizing agencies
151 scheduled for data center consolidation to accelerate
152 such consolidation; authorizing the establishment of
153 data center positions in exchange for agency positions
154 placed in reserve; authorizing the Executive Office of
155 the Governor to transfer funds in appropriation
156 categories used to pay for e-mail in order to align
157 the budget authority of agencies; reenacting s.
158 110.12315(7)(a), F.S., relating to copayments for the
159 state employees’ prescription drug program; providing
160 for the future expiration of certain amendments to
161 such provision and for the reversion of statutory
162 text; requiring the Agency for Health Care
163 Administration to reprocure the Florida Discount Drug
164 Card Program; providing requirements for the program;
165 providing that revenues derived from the contract be
166 deposited into the agency’s Grants and Donations Trust
167 Fund; amending s. 946.515, F.S.; requiring each state
168 agency to submit a report to the Legislature listing
169 products or services obtained from sources other than
170 the prison industries corporation; prohibiting certain
171 state agencies from leasing space at the Koger
172 Executive Center in Tallahassee after a certain date
173 and from expending certain funds for the lease of such
174 space; requiring all state agencies to vacate space at
175 the Koger Center after a certain date; providing for
176 the effect of a veto of one or more specific
177 appropriations or proviso to which implementing
178 language refers; providing for reversion of statutory
179 text of certain provisions; providing for the
180 continued operation of certain provisions
181 notwithstanding a future repeal or expiration provided
182 by the act; providing for severability; providing
183 effective dates.
184
185 Be It Enacted by the Legislature of the State of Florida:
186
187 Section 1. It is the intent of the Legislature that the
188 implementing and administering provisions of this act apply to
189 the General Appropriations Act for the 2012-2013 fiscal year.
190 Section 2. In order to implement Specific Appropriations 6,
191 7, 8, 84, and 85 of the 2012-2013 General Appropriations Act,
192 the calculations of the Florida Education Finance Program for
193 the 2012-2013 fiscal year in the document entitled “Public
194 School Funding-The Florida Education Finance Program,” dated
195 February 20, 2012, and filed with the Secretary of the Senate,
196 are incorporated by reference for the purpose of displaying the
197 calculations used by the Legislature, consistent with the
198 requirements of the Florida Statutes, in making appropriations
199 for the Florida Education Finance Program.
200 Section 3. In order to implement Specific Appropriations 16
201 and 16A of the 2012-2013 General Appropriations Act, paragraph
202 (c) of subsection (3) of section 216.292, Florida Statutes, is
203 amended to read:
204 216.292 Appropriations nontransferable; exceptions.—
205 (3) The following transfers are authorized with the
206 approval of the Executive Office of the Governor for the
207 executive branch or the Chief Justice for the judicial branch,
208 subject to the notice and objection provisions of s. 216.177:
209 (c) The transfer of appropriations for fixed capital outlay
210 from the Survey Recommended Needs-Public Schools appropriation
211 category to the Maintenance, Repair, Renovation and Remodeling
212 appropriation category. The allocation of transferred funds must
213 be in accordance with s. 1013.62. This paragraph expires July 1,
214 2013 2012.
215 Section 4. In order to implement Specific Appropriation 129
216 of the 2012-2013 General Appropriations Act and notwithstanding
217 any other law, for the 2012-2013 fiscal year only, a university
218 board of trustees may expend reserve or carry-forward balances
219 from prior year operational and programmatic appropriations for
220 legislatively approved fixed capital outlay projects authorized
221 for the establishment of a new campus.
222 Section 5. In order to implement Specific Appropriation 512
223 of the 2012-2013 General Appropriations Act, and for the 2012
224 2013 fiscal year only, the following requirements govern the
225 completion of Phase 2 and Phase 3 of the Department of Health’s
226 Florida Onsite Sewage Nitrogen Reduction Strategies Study:
227 (1) The Department of Health’s underlying contract for the
228 study remains in full force and effect and funding for
229 completion of Phase 2 and Phase 3 is through the Department of
230 Health.
231 (2) The Department of Health, the Department of Health’s
232 Research Review and Advisory Committee, and the Department of
233 Environmental Protection shall work together to provide the
234 necessary technical oversight for completing Phase 2 and Phase 3
235 of the project.
236 (3) Management and oversight for completing Phase 2 and
237 Phase 3 must be consistent with the terms of the existing
238 contract. However, the main focus and priority to be completed
239 during Phase 3 is developing, testing, and recommending cost
240 effective passive technology design criteria for nitrogen
241 reduction.
242 (4) The systems installed at homesites are experimental in
243 nature and shall be installed with significant field testing and
244 monitoring. The Department of Health is specifically authorized
245 to allow installation of these experimental systems.
246 Notwithstanding any other law, before Phase 3 of the study is
247 completed, a state agency may not adopt or implement a rule or
248 policy that:
249 (a) Mandates, establishes, or implements more restrictive
250 nitrogen-reduction standards to existing or new onsite sewage
251 treatment systems or modification of such systems; or
252 (b) Directly or indirectly requires the use of performance
253 based treatment systems or similar technology, such as through
254 an administrative order developed by the Department of
255 Environmental Protection as part of a basin management action
256 plan adopted pursuant to s. 403.067, Florida Statutes. However,
257 the implementation of more restrictive nitrogen-reduction
258 standards for onsite systems may be required through a basin
259 management action plan if such plan is phased in after
260 completion of Phase 3.
261 Section 6. In order to implement Specific Appropriations
262 187, 189, 193 through 195, and 198 of the 2012-2013 General
263 Appropriations Act, the calculations of the Medicaid Low-Income
264 Pool, Disproportionate Share Hospital, and Hospital Exemptions
265 Programs for the 2012-2013 fiscal year in the document entitled
266 “Medicaid Supplemental Hospital Funding Programs” dated February
267 10, 2012, and filed with the Secretary of the Senate, are
268 incorporated by reference for the purpose of displaying the
269 calculations used by the Legislature, consistent with the
270 requirements of the Florida Statutes, in making appropriations
271 for the Low-Income Pool, Disproportionate Share Hospital, and
272 Hospital Exemptions Programs.
273 Section 7. In order to implement Specific Appropriations
274 283 through 390 of the 2012-2013 General Appropriations Act,
275 subsection (4) of section 20.04, Florida Statutes, is amended to
276 read:
277 20.04 Structure of executive branch.—The executive branch
278 of state government is structured as follows:
279 (4) Within the Department of Children and Family Services
280 there are organizational units called “circuits” and “regions.”
281 “program offices,” headed by program directors. Each circuit is
282 aligned geographically with each of the state’s judicial
283 circuits, and each region is comprised of multiple circuits, and
284 each region is comprised of multiple circuits that are in
285 geographical proximity to each other.
286 Section 8. The amendment to s. 20.04(4), Florida Statutes,
287 shall expire July 1, 2013, and the text of that subsection shall
288 revert to that in existence on June 30, 2012, except that any
289 amendments to such text enacted other than by this act shall be
290 preserved and continue to operate to the extent that such
291 amendments are not dependent upon the portions of text which
292 expire pursuant to this section.
293 Section 9. In order to implement Specific Appropriations
294 337 through 371 of the 2012-2013 General Appropriations Act,
295 funds appropriated to the Department of Children and Family
296 Services for:
297 (1) Adult community mental health must first be used to
298 fund crisis stabilization services and forensic mental health
299 treatment services. The remaining funds shall be allocated by
300 region and awarded to providers as ranked by the department as
301 having achieved the highest performance.
302 (2) Adult substance abuse services must first be used to
303 fund detoxification services. The remaining funds shall be
304 allocated by region and awarded to providers as ranked by the
305 department as having achieved the highest performance.
306 (3) This section expires July 1, 2013.
307 Section 10. In order to implement Specific Appropriation
308 208 of the 2012-2013 General Appropriations Act, subsection (41)
309 of section 409.912, Florida Statutes, is amended to read:
310 409.912 Cost-effective purchasing of health care.—The
311 agency shall purchase goods and services for Medicaid recipients
312 in the most cost-effective manner consistent with the delivery
313 of quality medical care. To ensure that medical services are
314 effectively utilized, the agency may, in any case, require a
315 confirmation or second physician’s opinion of the correct
316 diagnosis for purposes of authorizing future services under the
317 Medicaid program. This section does not restrict access to
318 emergency services or poststabilization care services as defined
319 in 42 C.F.R. part 438.114. Such confirmation or second opinion
320 shall be rendered in a manner approved by the agency. The agency
321 shall maximize the use of prepaid per capita and prepaid
322 aggregate fixed-sum basis services when appropriate and other
323 alternative service delivery and reimbursement methodologies,
324 including competitive bidding pursuant to s. 287.057, designed
325 to facilitate the cost-effective purchase of a case-managed
326 continuum of care. The agency shall also require providers to
327 minimize the exposure of recipients to the need for acute
328 inpatient, custodial, and other institutional care and the
329 inappropriate or unnecessary use of high-cost services. The
330 agency shall contract with a vendor to monitor and evaluate the
331 clinical practice patterns of providers in order to identify
332 trends that are outside the normal practice patterns of a
333 provider’s professional peers or the national guidelines of a
334 provider’s professional association. The vendor must be able to
335 provide information and counseling to a provider whose practice
336 patterns are outside the norms, in consultation with the agency,
337 to improve patient care and reduce inappropriate utilization.
338 The agency may mandate prior authorization, drug therapy
339 management, or disease management participation for certain
340 populations of Medicaid beneficiaries, certain drug classes, or
341 particular drugs to prevent fraud, abuse, overuse, and possible
342 dangerous drug interactions. The Pharmaceutical and Therapeutics
343 Committee shall make recommendations to the agency on drugs for
344 which prior authorization is required. The agency shall inform
345 the Pharmaceutical and Therapeutics Committee of its decisions
346 regarding drugs subject to prior authorization. The agency is
347 authorized to limit the entities it contracts with or enrolls as
348 Medicaid providers by developing a provider network through
349 provider credentialing. The agency may competitively bid single
350 source-provider contracts if procurement of goods or services
351 results in demonstrated cost savings to the state without
352 limiting access to care. The agency may limit its network based
353 on the assessment of beneficiary access to care, provider
354 availability, provider quality standards, time and distance
355 standards for access to care, the cultural competence of the
356 provider network, demographic characteristics of Medicaid
357 beneficiaries, practice and provider-to-beneficiary standards,
358 appointment wait times, beneficiary use of services, provider
359 turnover, provider profiling, provider licensure history,
360 previous program integrity investigations and findings, peer
361 review, provider Medicaid policy and billing compliance records,
362 clinical and medical record audits, and other factors. Providers
363 are not entitled to enrollment in the Medicaid provider network.
364 The agency shall determine instances in which allowing Medicaid
365 beneficiaries to purchase durable medical equipment and other
366 goods is less expensive to the Medicaid program than long-term
367 rental of the equipment or goods. The agency may establish rules
368 to facilitate purchases in lieu of long-term rentals in order to
369 protect against fraud and abuse in the Medicaid program as
370 defined in s. 409.913. The agency may seek federal waivers
371 necessary to administer these policies.
372 (41)(a) The agency shall contract on a prepaid or fixed-sum
373 basis with appropriately licensed prepaid dental health plans to
374 provide dental services. This subsection expires October 1,
375 2014.
376 (b) Notwithstanding paragraph (a) and for the 2012-2013
377 fiscal year only, the agency is authorized to provide a Medicaid
378 prepaid dental health program in Miami-Dade County. For all
379 other counties, the agency may not limit dental services to
380 prepaid plans and must allow qualified dental providers to
381 provide dental services under Medicaid on a fee-for-service
382 reimbursement methodology. The agency may seek any necessary
383 revisions or amendments to the state plan or federal waivers in
384 order to implement this paragraph. The agency shall terminate
385 existing contracts as needed to implement this paragraph. This
386 paragraph expires July 1, 2013.
387 Section 11. In order to implement Specific Appropriation
388 587A of the 2012-2013 General Appropriations Act,
389 notwithstanding s. 216.177, Florida Statutes, requiring only 3
390 days’ notice to the Legislature for the release of funds, budget
391 amendments recommending the release of funds to continue the
392 Crestview Education Center project at Florida Agricultural and
393 Mechanical University must be provided at least 14 days before
394 the effective date of the action and are subject to the
395 objection procedures in s. 216.177(2)(b), Florida Statutes.
396 Section 12. In order to fulfill legislative intent
397 regarding the use of funds contained in Specific Appropriations
398 661, 673, 686, and 1261 of the 2012-2013 General Appropriations
399 Act, the Department of Corrections and the Department of
400 Juvenile Justice may expend appropriated funds to assist in
401 defraying costs that are incurred by a municipality or county
402 and are associated with opening or operating a facility under
403 the authority of the respective department. The amount paid for
404 a facility may not exceed 1 percent of the cost to construct the
405 facility, less building impact fees imposed by the municipality
406 or county. This section expires July 1, 2013.
407 Section 13. In order to implement Specific Appropriations
408 625 though 758 and 778 through 815 of the 2012-2013 General
409 Appropriations Act, subsection (4) of section 216.262, Florida
410 Statutes, is amended to read:
411 216.262 Authorized positions.—
412 (4) Notwithstanding the provisions of this chapter relating
413 to increasing the number of authorized positions, and for the
414 2012-2013 2011-2012 fiscal year only, if the actual inmate
415 population of the Department of Corrections exceeds the inmate
416 population projections of the December 14, February 21, 2011,
417 Criminal Justice Estimating Conference by 1 percent for 2
418 consecutive months or 2 percent for any month, the Executive
419 Office of the Governor, with the approval of the Legislative
420 Budget Commission, shall immediately notify the Criminal Justice
421 Estimating Conference, which shall convene as soon as possible
422 to revise the estimates. The Department of Corrections may then
423 submit a budget amendment requesting the establishment of
424 positions in excess of the number authorized by the Legislature
425 and additional appropriations from unallocated general revenue
426 sufficient to provide for essential staff, fixed capital
427 improvements, and other resources to provide classification,
428 security, food services, health services, and other variable
429 expenses within the institutions to accommodate the estimated
430 increase in the inmate population. All actions taken pursuant to
431 this subsection are subject to review and approval by the
432 Legislative Budget Commission. This subsection expires July 1,
433 2013 2012.
434 Section 14. In order to implement Specific Appropriations
435 1327, 1340, 1351, and 1368 of the 2012-2013 General
436 Appropriations Act, the Department of Legal Affairs may transfer
437 cash remaining after required disbursements for Attorney General
438 case numbers 09-CV-51614, 16-2008-CA-01-3142CV-C, and
439 CACE08022328 from FLAIR account 41-74-2-601001-41100100-00
440 181076-00 to the Operating Trust Fund to pay salaries and
441 benefits. This section expires July 1, 2013.
442 Section 15. In order to implement Specific Appropriations
443 1333 and 1334 of the 2012-2013 General Appropriations Act, the
444 Department of Legal Affairs may expend appropriated funds in
445 those specific appropriations on the same programs that were
446 funded by the department pursuant to specific appropriations
447 made in general appropriations acts in prior years. This section
448 expires July 1, 2013.
449 Section 16. In order to implement Specific Appropriations
450 1297B and 1299 of the 2012-2013 General Appropriations Act,
451 paragraph (d) of subsection (4) of section 932.7055, Florida
452 Statutes, is amended to read:
453 932.7055 Disposition of liens and forfeited property.—
454 (4) The proceeds from the sale of forfeited property shall
455 be disbursed in the following priority:
456 (d) Notwithstanding any other provision of this subsection,
457 and for the 2012-2013 2011-2012 fiscal year only, the funds in a
458 special law enforcement trust fund established by the governing
459 body of a municipality may be expended to reimburse the general
460 fund of the municipality for moneys advanced from the general
461 fund to the special law enforcement trust fund before October 1,
462 2001. This paragraph expires July 1, 2013 2012.
463 Section 17. (1) In order to implement Specific
464 Appropriations 1187, 1188, 1193, 1194, 1239, 1240, 1244, 1245,
465 1247, 1251, 1252, 1255, 1256, 1257, and 1267 of the 2012-2013
466 General Appropriations Act, the Department of Juvenile Justice
467 must comply with the following reimbursement limitations:
468 (a) Payments to a hospital or a health care provider may
469 not exceed 110 percent of the Medicare allowable rate for any
470 health care services provided if no contract exists between the
471 department and the hospital or the health care provider
472 providing services at a hospital;
473 (b) The department may continue to make payments for health
474 care services at the currently contracted rates through the
475 current term of the contract if a contract has been executed
476 between the department and a hospital or a health care provider
477 providing services to a hospital; however, payments may not
478 exceed 110 percent of the Medicare allowable rate after the
479 current term of the contract expires or after the contract is
480 renewed during the 2012-2013 fiscal year;
481 (c) Payments may not exceed 110 percent of the Medicare
482 allowable rate under a contract executed on or after July 1,
483 2012, between the department and a hospital or health care
484 provider providing services at a hospital;
485 (d) Notwithstanding paragraphs (a), (b), and (c), the
486 department may pay up to 125 percent of the Medicare allowable
487 rate for health care services at a hospital that reports or has
488 reported a negative operating margin for the previous fiscal
489 year to the Agency for Health Care Administration through
490 hospital-audited financial data; and
491 (e) The department may not execute a contract for health
492 care services at a hospital for rates other than rates based on
493 a percentage of the Medicare allowable rate.
494 (2) For purposes of this section, the term “hospital” means
495 a hospital licensed under chapter 395, Florida Statutes.
496 (3) This section expires July 1, 2013.
497 Section 18. In order to implement Section 7 of the 2012
498 2013 General Appropriations Act, subsection (2) of section
499 215.18, Florida Statutes, is amended to read:
500 215.18 Transfers between funds; limitation.—
501 (2) The Chief Justice of the Supreme Court may receive one
502 or more trust fund loans of up to $54 million in total, the
503 purpose of which is to ensure that the state court system has
504 funds sufficient to meet its appropriations in the 2012-2013
505 2011-2012 General Appropriations Act. If the Chief Justice
506 accesses the loan, he or she must notify the Governor and the
507 chairs of the legislative appropriations committees in writing.
508 The loan must come from other funds in the State Treasury which
509 are for the time being or otherwise in excess of the amounts
510 necessary to meet the just requirements of such last-mentioned
511 funds. The Governor shall order the transfer of funds within 5
512 days after the written notification from the Chief Justice. If
513 the Governor does not order the transfer, the Chief Financial
514 Officer shall transfer the requested funds. The loan of funds
515 from which any money is temporarily transferred must be repaid
516 by the end of the 2012-2013 2011-2012 fiscal year. This
517 subsection expires July 1, 2013 2012.
518 Section 19. In order to implement Specific Appropriation
519 850 of the 2012-2013 General Appropriations Act, and not
520 withstanding s. 28.2455, Florida Statutes, any funds remaining
521 in the Clerks of Court Trust Fund may not be transferred to the
522 General Revenue Fund and remain available to the clerks of court
523 for expenditures during the 2012-2013 fiscal year. This section
524 shall take effect upon this act becoming a law and expires July
525 1, 2013.
526 Section 20. In order to implement Specific Appropriations
527 850 and 3215 through 3238 of the 2012-2013 General
528 Appropriations Act, the calculation of unit costs for the clerks
529 of court and the state trial courts for the 2011-2012 and 2012
530 2013 fiscal years are contained in the documents entitled
531 “Fiscal Year 2011-12 and Fiscal Year 2012-13 Clerks of Court
532 Unit Cost Budgets” and “Fiscal Year 2011-12 and Fiscal Year
533 2012-13 Trial Courts Unit Cost Budgets” dated February 10, 2012,
534 which are filed with the Secretary of the Senate and
535 incorporated by reference for the purpose of displaying the
536 calculations used by the Legislature in making appropriations
537 for the clerks of court and the state trial courts.
538 Section 21. In order to implement section 7 of the 2012
539 2013 General Appropriations Act, paragraph (c) of subsection (4)
540 of section 29.008, Florida Statutes, is amended to read:
541 29.008 County funding of court-related functions.—
542 (4)
543 (c) Counties are exempt from all requirements and
544 provisions of paragraph (a) for the 2012-2013 2011-2012 fiscal
545 year. Accordingly, for the 2012-2013 2011-2012 fiscal year,
546 counties shall maintain, but are not required to increase, their
547 expenditures for the items specified in paragraphs (1)(a)-(h)
548 and subsection (3). The requirements described in paragraph (a)
549 shall be reinstated beginning with the 2013-2014 2012-2013
550 fiscal year. This paragraph expires July 1, 2013 2012.
551 Section 22. In order to implement Specific Appropriations
552 2743 through 2753 of the 2012-2013 General Appropriations Act,
553 the Department of Management Services shall use interest
554 earnings of the Communications Working Capital Trust Fund as the
555 funding source for its responsibilities relating to the
556 administration of the MyFlorida.com portal.
557 Section 23. In order to implement Specific Appropriation
558 1662 of the 2012-2013 General Appropriations Act, paragraph (b)
559 of subsection (3) of section 375.041, Florida Statutes, is
560 amended to read:
561 375.041 Land Acquisition Trust Fund.—
562 (3)
563 (b) In addition to the uses allowed under paragraph (a),
564 for the 2012-2013 2011-2012 fiscal year, moneys in the Land
565 Acquisition Trust Fund are authorized for transfer to support
566 the Total Maximum Daily Loads Program as provided in the General
567 Appropriations Act. This paragraph expires July 1, 2013 2012.
568 Section 24. In order to implement Specific Appropriation
569 1644 of the 2012-2013 General Appropriations Act, subsection
570 (12) of section 373.59, Florida Statutes, is amended to read:
571 373.59 Water Management Lands Trust Fund.—
572 (12) Notwithstanding subsection (8), and for the 2012-2013
573 2011-2012 fiscal year only, the moneys from the Water Management
574 Lands Trust Fund are allocated as follows:
575 (a) An amount necessary to pay debt service on bonds issued
576 before February 1, 2009, by the South Florida Water Management
577 District and the St. Johns River Water Management District,
578 which are secured by revenues provided pursuant to this section,
579 or to fund debt service reserve funds, rebate obligations, or
580 other amounts payable with respect to such bonds;
581 (b) Eight million dollars to be transferred to the General
582 Revenue Fund; and
583 (c) The remaining appropriation funds to be distributed to
584 the Suwannee River Water Management District, of which $500,000
585 may be used for minimum flows and levels.
586
587 This subsection expires July 1, 2013 2012.
588 Section 25. In order to implement Specific Appropriations
589 1664 through 1666 and 1668 and Section 42 of the 2012-2013
590 General Appropriations Act, paragraph (g) of subsection (1) of
591 section 403.1651, Florida Statutes, is reenacted to read:
592 403.1651 Ecosystem Management and Restoration Trust Fund.—
593 (1) There is created the Ecosystem Management and
594 Restoration Trust Fund to be administered by the Department of
595 Environmental Protection for the purposes of:
596 (g) Funding activities to preserve and repair the state’s
597 beaches as provided in ss. 161.091-161.212.
598 Section 26. The amendment to s. 403.1651(1)(g), Florida
599 Statutes, as carried forward by this act from chapter 2011-47,
600 Laws of Florida, shall expire July 1, 2013, and the text of that
601 paragraph shall revert to that in existence on June 30, 2009,
602 except that any amendments to such text enacted other than by
603 this act shall be preserved and continue to operate to the
604 extent that such amendments are not dependent upon the portions
605 of text which expire pursuant to this section.
606 Section 27. In order to implement Specific Appropriation
607 1714 of the 2012-2013 General Appropriations Act, subsection (5)
608 of section 403.7095, Florida Statutes, is amended to read:
609 403.7095 Solid waste management grant program.—
610 (5) Notwithstanding any other provision of this section,
611 and for the 2012-2013 2011-2012 fiscal year only, the Department
612 of Environmental Protection shall award the sum of $2,400,000 in
613 grants equally to counties having populations of fewer than
614 100,000 for waste tire and litter prevention, recycling
615 education, and general solid waste programs. This subsection
616 expires July 1, 2013 2012.
617 Section 28. In order to implement Specific Appropriation
618 1496 of the 2012-2013 General Appropriations Act and to provide
619 consistency and continuity in the promotion of agriculture
620 throughout the state, notwithstanding s. 287.057, Florida
621 Statutes, the Department of Agriculture and Consumer Services
622 may extend, revise, and renew current contracts or agreements
623 created or entered into pursuant to chapter 2006-25, Laws of
624 Florida. This section expires July 1, 2013.
625 Section 29. In order to implement Specific Appropriations
626 1806, 1841, 1863, and 1903 of the 2012-2013 General
627 Appropriations Act, subsection (4) is added to section 379.209,
628 Florida Statutes, to read:
629 379.209 Nongame Wildlife Trust Fund.—
630 (4) The commission may transfer cash balance from the trust
631 fund to the Grants and Donations Trust Fund for the purpose of
632 supporting cash flow needs. This subsection expires July 1,
633 2013.
634 Section 30. In order to implement Specific Appropriations
635 1806, 1841, 1863, and 1903 of the 2012-2013 General
636 Appropriations Act, the Fish and Wildlife Conservation
637 Commission may transfer $500,000 in hunting and fishing license
638 revenue from the Grants and Donations Trust Fund to the State
639 Game Trust Fund, in order to repay the loan originally
640 authorized in Specific Appropriation 1950 of the 2008-2009
641 General Appropriations Act, chapter 2008-152, Laws of Florida.
642 Section 31. In order to implement Specific Appropriation
643 1863A of the 2012-2013 General Appropriations Act relating to
644 the restoration of Lake Apopka and pursuant to the notice,
645 review, and objection procedures of s. 216.177, Florida
646 Statutes, the Executive Office of the Governor is authorized to
647 transfer appropriations between the Fish and Wildlife
648 Conservation Commission and the Department of Environmental
649 Protection as necessary to implement the approved list of
650 projects consistent with s. 216.292(1)(a), Florida Statutes.
651 This section expires July 1, 2013.
652 Section 32. In order to implement Specific Appropriations
653 1641 and 1642 of the 2012-2013 General Appropriations Act,
654 subsection (11) is added to section 373.4145, Florida Statutes,
655 to read:
656 373.4145 Part IV permitting program within the geographical
657 jurisdiction of the Northwest Florida Water Management
658 District.—
659 (11) Notwithstanding subsection (10) and for the 2012-2013
660 fiscal year only, the Northwest Florida Water Management
661 District is directed to use up to $1,851,231 in unbudgeted
662 reserves to fund and staff the environmental resource permitting
663 program established under this section. The unbudgeted reserves
664 may be used only if prior legislative appropriations for the
665 environmental resource permitting program have been expended in
666 their entirety. This subsection expires July 1, 2013.
667 Section 33. In order to implement Specific Appropriation
668 2255 of the 2012-2013 General Appropriations Act, subsection
669 (11) of section 445.009, Florida Statutes, is amended to read:
670 445.009 One-stop delivery system.—
671 (11) A participant in an adult or youth work experience
672 activity administered under this chapter shall be deemed an
673 employee of the state for purposes of workers’ compensation
674 coverage. In determining the average weekly wage, all
675 remuneration received from the employer shall be considered a
676 gratuity, and the participant shall not be entitled to any
677 benefits otherwise payable under s. 440.15, regardless of
678 whether the participant may be receiving wages and remuneration
679 from other employment with another employer and regardless of
680 his or her future wage-earning capacity. This subsection expires
681 July 1, 2013 2012.
682 Section 34. In order to implement Specific Appropriation
683 2287 of the 2012-2013 General Appropriations Act, paragraph (d)
684 of subsection (3) of section 163.3247, Florida Statutes, is
685 reenacted to read:
686 163.3247 Century Commission for a Sustainable Florida.—
687 (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; CREATION;
688 ORGANIZATION.—The Century Commission for a Sustainable Florida
689 is created as a standing body to help the citizens of this state
690 envision and plan their collective future with an eye towards
691 both 25-year and 50-year horizons.
692 (d) Members of the commission shall serve without
693 compensation.
694 Section 35. The amendment to s. 163.3247(3)(d), Florida
695 Statutes, as carried forward by this act from chapter 2011-47,
696 Laws of Florida, shall expire July 1, 2013, and the text of that
697 paragraph shall revert to that in existence on June 30, 2010,
698 except that any amendments to such text enacted other than by
699 this act shall be preserved and continue to operate to the
700 extent that such amendments are not dependent upon the portions
701 of text which expire pursuant to this section.
702 Section 36. In order to implement Specific Appropriation
703 2287 of the 2012-2013 General Appropriations Act, paragraph (c)
704 of subsection (1) of section 201.15, Florida Statutes, is
705 reenacted to read:
706 201.15 Distribution of taxes collected.—All taxes collected
707 under this chapter are subject to the service charge imposed in
708 s. 215.20(1). Prior to distribution under this section, the
709 Department of Revenue shall deduct amounts necessary to pay the
710 costs of the collection and enforcement of the tax levied by
711 this chapter. Such costs and the service charge may not be
712 levied against any portion of taxes pledged to debt service on
713 bonds to the extent that the costs and service charge are
714 required to pay any amounts relating to the bonds. After
715 distributions are made pursuant to subsection (1), all of the
716 costs of the collection and enforcement of the tax levied by
717 this chapter and the service charge shall be available and
718 transferred to the extent necessary to pay debt service and any
719 other amounts payable with respect to bonds authorized before
720 January 1, 2010, secured by revenues distributed pursuant to
721 subsection (1). All taxes remaining after deduction of costs and
722 the service charge shall be distributed as follows:
723 (1) Sixty-three and thirty-one hundredths percent of the
724 remaining taxes shall be used for the following purposes:
725 (c) After the required payments under paragraphs (a) and
726 (b), the remainder shall be paid into the State Treasury to the
727 credit of:
728 1. The State Transportation Trust Fund in the Department of
729 Transportation in the amount of the lesser of 38.2 percent of
730 the remainder or $541.75 million in each fiscal year. Out of
731 such funds, the first $50 million for the 2012-2013 fiscal year;
732 $65 million for the 2013-2014 fiscal year; and $75 million for
733 the 2014-2015 fiscal year and all subsequent years, shall be
734 transferred to the State Economic Enhancement and Development
735 Trust Fund within the Department of Economic Opportunity. The
736 remainder is to be used for the following specified purposes,
737 notwithstanding any other law to the contrary:
738 a. For the purposes of capital funding for the New Starts
739 Transit Program, authorized by Title 49, U.S.C. s. 5309 and
740 specified in s. 341.051, 10 percent of these funds;
741 b. For the purposes of the Small County Outreach Program
742 specified in s. 339.2818, 5 percent of these funds. Effective
743 July 1, 2014, the percentage allocated under this sub
744 subparagraph shall be increased to 10 percent;
745 c. For the purposes of the Strategic Intermodal System
746 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
747 of these funds after allocating for the New Starts Transit
748 Program described in sub-subparagraph a. and the Small County
749 Outreach Program described in sub-subparagraph b.; and
750 d. For the purposes of the Transportation Regional
751 Incentive Program specified in s. 339.2819, 25 percent of these
752 funds after allocating for the New Starts Transit Program
753 described in sub-subparagraph a. and the Small County Outreach
754 Program described in sub-subparagraph b. Effective July 1, 2014,
755 the first $60 million of the funds allocated pursuant to this
756 sub-subparagraph shall be allocated annually to the Florida Rail
757 Enterprise for the purposes established in s. 341.303(5).
758 2. The Grants and Donations Trust Fund in the Department of
759 Economic Opportunity in the amount of the lesser of .23 percent
760 of the remainder or $3.25 million in each fiscal year to fund
761 technical assistance to local governments and school boards on
762 the requirements and implementation of this act.
763 3. The Ecosystem Management and Restoration Trust Fund in
764 the amount of the lesser of 2.12 percent of the remainder or $30
765 million in each fiscal year, to be used for the preservation and
766 repair of the state’s beaches as provided in ss. 161.091
767 161.212.
768 4. General Inspection Trust Fund in the amount of the
769 lesser of .02 percent of the remainder or $300,000 in each
770 fiscal year to be used to fund oyster management and restoration
771 programs as provided in s. 379.362(3).
772
773 Moneys distributed pursuant to this paragraph may not be pledged
774 for debt service unless such pledge is approved by referendum of
775 the voters.
776 Section 37. The amendment to s. 201.15(1)(c)2., Florida
777 Statutes, as carried forward by this act from chapter 2011-47,
778 Laws of Florida, shall expire July 1, 2013, and the text of that
779 subparagraph shall revert to that in existence on June 30, 2010,
780 except that any amendments to such text enacted other than by
781 this act shall be preserved and continue to operate to the
782 extent that such amendments are not dependent upon the portions
783 of text which expire pursuant to this section.
784 Section 38. In order to implement Section 50 of the 2012
785 2013 General Appropriations Act, subsections (3) and (4) of
786 section 496 of chapter 2011-142, Laws of Florida, are amended to
787 read:
788 Section 496. Commission on Oil Spill Response
789 Coordination.—
790 (3) The board of trustees shall deliver the report to the
791 Governor, the President of the Senate, the Speaker of the House
792 of Representatives, the Secretary of Environmental Protection,
793 and the executive director of the Department of Economic
794 Opportunity by January 1, 2013 September 1, 2012.
795 (4) This section expires January 1, 2013 September 30,
796 2012.
797 Section 39. In order to implement the appropriation of
798 funds in appropriation category “Special Categories-Risk
799 Management Insurance” in the 2012-2013 General Appropriations
800 Act, and pursuant to the notice, review, and objection
801 procedures of s. 216.177, Florida Statutes, the Executive Office
802 of the Governor may transfer funds appropriated in that category
803 between departments in order to align the budget authority
804 granted with the premiums paid by each department for risk
805 management insurance. This section expires July 1, 2013.
806 Section 40. In order to implement Specific Appropriations
807 1904, 1929, 1935, 1971, and 1990 of the 2012-2013 General
808 Appropriations Act, the Department of Transportation may
809 reallocate the FTE reductions included in the General
810 Appropriations Act in order to meet the needs of the department
811 in accordance with chapter 216, Florida Statutes.
812 Section 41. In order to implement the appropriation of
813 funds in the appropriation category “Special Categories-Transfer
814 to Department of Management Services-Human Resources Services
815 Purchased Per Statewide Contract” in the 2011-2012 General
816 Appropriations Act, and pursuant to the notice, review, and
817 objection procedures of s. 216.177, Florida Statutes, the
818 Executive Office of the Governor may transfer funds appropriated
819 in that category between departments in order to align the
820 budget authority granted with the assessments that must be paid
821 by each agency to the Department of Management Services for
822 human resource management services. This section expires July 1,
823 2013.
824 Section 42. In order to implement specific appropriations
825 for salaries and benefits in the 2012-2013 General
826 Appropriations Act, paragraph (a) of subsection (12) of section
827 110.123, Florida Statutes, is amended to read:
828 110.123 State group insurance program.—
829 (12) HEALTH SAVINGS ACCOUNTS.—The department is authorized
830 to establish health savings accounts for full-time and part-time
831 state employees in association with a health insurance plan
832 option authorized by the Legislature and conforming to the
833 requirements and limitations of federal provisions relating to
834 the Medicare Prescription Drug, Improvement, and Modernization
835 Act of 2003.
836 (a)1. A member participating in this health insurance plan
837 option is eligible to receive an employer contribution into the
838 employee’s health savings account from the State Employees
839 Health Insurance Trust Fund in an amount to be determined by the
840 Legislature. A member is not eligible for an employer
841 contribution upon termination of employment. For the 2012-2013
842 2011-2012 fiscal year, the state’s monthly contribution for
843 employees having individual coverage shall be $41.66 and the
844 monthly contribution for employees having family coverage shall
845 be $83.33.
846 2. A member participating in this health insurance plan
847 option is eligible to deposit the member’s own funds into a
848 health savings account.
849 Section 43. In order to implement Section 8 of the 2012
850 2013 General Appropriations Act, paragraph (j) of subsection (3)
851 of section 110.123, Florida Statutes, is amended to read:
852 110.123 State group insurance program.—
853 (3) STATE GROUP INSURANCE PROGRAM.—
854 (j) Notwithstanding paragraph (f) requiring uniform
855 contributions, and for the 2012-2013 2011-2012 fiscal year only,
856 the state contribution toward the cost of any plan in the state
857 group insurance plan is the difference between the overall
858 premium and the employee contribution. This subsection expires
859 June 30, 2013 2012.
860 Section 44. In order to implement specific appropriations
861 for salaries and benefits in the 2012-2013 General
862 Appropriations Act, paragraph (b) of subsection (3) of section
863 112.24, Florida Statutes, is amended to read:
864 112.24 Intergovernmental interchange of public employees.
865 To encourage economical and effective utilization of public
866 employees in this state, the temporary assignment of employees
867 among agencies of government, both state and local, and
868 including school districts and public institutions of higher
869 education is authorized under terms and conditions set forth in
870 this section. State agencies, municipalities, and political
871 subdivisions are authorized to enter into employee interchange
872 agreements with other state agencies, the Federal Government,
873 another state, a municipality, or a political subdivision
874 including a school district, or with a public institution of
875 higher education. State agencies are also authorized to enter
876 into employee interchange agreements with private institutions
877 of higher education and other nonprofit organizations under the
878 terms and conditions provided in this section. In addition, the
879 Governor or the Governor and Cabinet may enter into employee
880 interchange agreements with a state agency, the Federal
881 Government, another state, a municipality, or a political
882 subdivision including a school district, or with a public
883 institution of higher learning to fill, subject to the
884 requirements of chapter 20, appointive offices which are within
885 the executive branch of government and which are filled by
886 appointment by the Governor or the Governor and Cabinet. Under
887 no circumstances shall employee interchange agreements be
888 utilized for the purpose of assigning individuals to participate
889 in political campaigns. Duties and responsibilities of
890 interchange employees shall be limited to the mission and goals
891 of the agencies of government.
892 (3) Salary, leave, travel and transportation, and
893 reimbursements for an employee of a sending party that is
894 participating in an interchange program shall be handled as
895 follows:
896 (b)1. The assignment of an employee of a state agency on
897 detail or on leave of absence may be made without reimbursement
898 by the receiving party for the travel and transportation
899 expenses to or from the place of the assignment or for the pay
900 and benefits, or a part thereof, of the employee during the
901 assignment.
902 2. For the 2012-2013 2011-2012 fiscal year only, the
903 assignment of an employee of a state agency as provided in
904 subparagraph 1. may be made if recommended by the Governor or
905 Chief Justice, as appropriate, and approved by the chairs of the
906 legislative appropriations committees. Such actions shall be
907 deemed approved if neither chair provides written notice of
908 objection within 14 days after the chair’s receiving notice of
909 the action pursuant to s. 216.177. This subparagraph expires
910 July 1, 2013 2012.
911 Section 45. In order to implement Specific Appropriations
912 2710 and 2711 of the 2012-2013 General Appropriations Act and
913 notwithstanding s. 11.13(1), Florida Statutes, the authorized
914 salaries for members of the Legislature for the 2012-2013 fiscal
915 year shall be set at the same level in effect on July 1, 2010.
916 This section expires July 1, 2013.
917 Section 46. In order to implement the transfer of moneys to
918 the General Revenue Fund from trust funds in the 2012-2013
919 General Appropriations Act, paragraph (b) of subsection (4) of
920 section 215.5601, Florida Statutes, is reenacted to read:
921 215.5601 Lawton Chiles Endowment Fund.—
922 (4) ADMINISTRATION.—
923 (b) The endowment shall be managed as an annuity. The
924 investment objective is the long-term preservation of the real
925 value of the net contributed principal and a specified regular
926 annual cash outflow for appropriation, as nonrecurring revenue.
927 From the annual cash outflow, a pro rata share shall be used
928 solely for biomedical research activities as provided in
929 paragraph (3)(d), until such time as cures are found for
930 tobacco-related cancer and heart and lung disease. Five percent
931 of the annual cash outflow dedicated to the biomedical research
932 portion of the endowment shall be reinvested and applied to that
933 portion of the endowment’s principal, with the remainder to be
934 spent on biomedical research activities consistent with this
935 section. The schedule of annual cash outflow must be included
936 within the investment plan adopted under paragraph (a).
937 Withdrawals other than specified regular cash outflow are
938 considered reductions in contributed principal for the purposes
939 of this subsection.
940 Section 47. The amendment to s. 215.5601(4)(b), Florida
941 Statutes, as carried forward by this act from chapter 2011-47,
942 Laws of Florida, shall expire July 1, 2013, and the text of that
943 paragraph shall revert to that in existence on June 30, 2010,
944 except that any amendments to such text enacted other than by
945 this act shall be preserved and continue to operate to the
946 extent that such amendments are not dependent upon the portions
947 of text which expire pursuant to this section.
948 Section 48. In order to implement the issuance of new debt
949 authorized in the 2012-2013 General Appropriations Act, and
950 pursuant to s. 215.98, Florida Statutes, the Legislature
951 determines that the authorization and issuance of debt for the
952 2012-2013 fiscal year should be implemented, is in the best
953 interest of the state, and necessary to address a critical state
954 emergency. This section expires July 1, 2013.
955 Section 49. In order to implement the funds appropriated in
956 the 2012-2013 General Appropriations Act for state employee
957 travel, the funds appropriated to each state agency, which may
958 be used for travel by state employees, are limited during the
959 2012-2013 fiscal year to travel for activities that are critical
960 to each state agency’s mission. Funds may not be used to pay for
961 travel by state employees to foreign countries, other states,
962 conferences, staff-training activities, or other administrative
963 functions unless the agency head has approved in writing that
964 such activities are critical to the agency’s mission. The agency
965 head must consider the use of teleconferencing and other forms
966 of electronic communication to meet the needs of the proposed
967 activity before approving mission-critical travel. This section
968 does not apply to travel for law enforcement purposes, military
969 purposes, emergency management activities, or public health
970 activities. This section expires July 1, 2013.
971 Section 50. In order to implement the appropriations
972 authorized in the 2012-2013 General Appropriations Act for each
973 of the state’s designated primary data centers, which are funded
974 from the data processing appropriation category and other
975 categories used to pay for computing services of user agencies,
976 and pursuant to the notice, review, and objection procedures of
977 s. 216.177, Florida Statutes, the Executive Office of the
978 Governor may transfer funds appropriated in any appropriation
979 category used to pay for data processing in the 2012-2013
980 General Appropriations Act between agencies in order to align
981 the budget authority granted with the utilization rate of each
982 department. This section expires July 1, 2013.
983 Section 51. State agencies that are required to begin
984 planning for a data center consolidation scheduled for a
985 subsequent fiscal year may accelerate the consolidation into the
986 2012-2013 fiscal year, contingent upon approval by the
987 Legislative Budget Commission of budget adjustments necessary to
988 accomplish the consolidation. The primary data center may
989 establish positions contingent on an equal or greater number of
990 positions being placed in reserve from the agency data centers
991 being consolidated. This section expires July 1, 2013.
992 Section 52. In order to implement appropriations in the
993 2012-2013 General Appropriations Act for the state’s designated
994 consolidated e-mail system within the Southwood Shared Resource
995 Center, which are funded from the data processing appropriation
996 category and other categories used to pay e-mail services of
997 user agencies, and pursuant to the notice, review, and objection
998 procedures of s. 216.177, Florida Statutes, the Executive Office
999 of the Governor may transfer funds appropriated in any
1000 appropriation category used to pay for e-mail in the 2012-2013
1001 General Appropriations Act between agencies in order to align
1002 the budget authority granted with the projected e-mail bills for
1003 each agency. This section expires July 1, 2013.
1004 Section 53. In order to implement Section 8 of the General
1005 Appropriations Act for the 2012-2013 fiscal year, paragraph (a)
1006 of subsection (7) of section 110.12315, Florida Statutes, is
1007 reenacted to read:
1008 110.12315 Prescription drug program.—The state employees’
1009 prescription drug program is established. This program shall be
1010 administered by the Department of Management Services, according
1011 to the terms and conditions of the plan as established by the
1012 relevant provisions of the annual General Appropriations Act and
1013 implementing legislation, subject to the following conditions:
1014 (7) Under the state employees’ prescription drug program
1015 copayments must be made as follows:
1016 (a) Effective January 1, 2011, for the State Group Health
1017 Insurance Standard Plan:
1018 1. For generic drug with card.........................$7.
1019 2. For preferred brand name drug with card...........$30.
1020 3. For nonpreferred brand name drug with card........$50.
1021 4. For generic mail order drug.......................$14.
1022 5. For preferred brand name mail order drug..........$60.
1023 6. For nonpreferred brand name mail order drug......$100.
1024 Section 54. The amendment to s. 110.12315(7)(a), Florida
1025 Statutes, as carried forward by this act from chapter 2011-47,
1026 Laws of Florida, shall expire on July 1, 2013, and the text of
1027 that paragraph shall revert to that in existence on December 31,
1028 2010, except that any amendments to such text enacted other than
1029 by this act shall be preserved and continue to operate to the
1030 extent that such amendments are not dependent upon the portions
1031 of text which expire pursuant to this section.
1032 Section 55. In order to implement Specific Appropriation
1033 209 of the 2012-2013 General Appropriations Act and
1034 notwithstanding chapter 287, Florida Statutes, the Agency for
1035 Health Care Administration shall competitively reprocure a
1036 Florida Discount Drug Card Program to provide market competitive
1037 discounts through a broad network of retail pharmacies and a
1038 mail order pharmacy within the state and return money to the
1039 state on a per prescription dispensed basis. Discounts must be
1040 available to Florida residents without income restrictions.
1041 Residents must be able to enroll and acquire a member
1042 identification card from the participating pharmacies, online
1043 and through text messaging, without a charge. Revenues derived
1044 from this contract shall be deposited into the agency’s Grants
1045 and Donations Trust Fund to reduce the cost of Medicaid pharmacy
1046 purchases. This section expires July 1, 2013.
1047 Section 56. In order to implement specific appropriations
1048 for Expense and Other Capital Outlay in the 2012-2013 General
1049 Appropriations Act, subsection (8) of section 946.515, Florida
1050 Statutes, is amended to read:
1051 946.515 Use of goods and services produced in correctional
1052 work programs.—
1053 (8) On June 30, 2013 2012, each state agency must submit a
1054 report to the President of the Senate and the Speaker of the
1055 House of Representatives which lists products or services
1056 obtained from a source other than the corporation when a
1057 comparable product or service could have been obtained from the
1058 corporation. The report must include an explanation of why the
1059 product or service was not obtained from the corporation. This
1060 subsection expires July 1, 2013 2012.
1061 Section 57. In order to implement Specific Appropriations
1062 26A, 42A, 566A, 593A, 1190A, 1200A, 1209A, 1221A, 1255A, 1797A,
1063 1813A, 1832B, 1846B, 1882A, 1896A, 1907A, 1939A, 1974A, 1993A,
1064 2273A, 2320A, 2417A, 2477A, 2507A, 2516A, and 3153A of the 2012
1065 2013 General Appropriations Act, the Department of Economic
1066 Opportunity, the Department of Education, the Department of
1067 Financial Services, the Department of Health, the Department of
1068 Juvenile Justice, the Department of State, the Department of
1069 Transportation, and the Fish and Wildlife Conservation
1070 Commission, respectively, which are occupying space located at
1071 the Koger Executive Center Tallahassee pursuant to State of
1072 Florida Lease No. 720:0138, or any other lease, on June 30,
1073 2012, and the Department of Management Services shall not amend
1074 State of Florida Lease No. 720:0138 or other existing lease of
1075 or for any space located at Koger Executive Center Tallahassee,
1076 shall not defer any rent due under any such lease and shall not
1077 occupy any additional space at Koger Executive Center
1078 Tallahassee which was not occupied on June 30, 2012,
1079 notwithstanding any lease or contract to the contrary. Except
1080 for the funds specifically appropriated in Specific
1081 Appropriations 26A, 42A, 566A, 593A, 1190A, 1200A, 1209A, 1221A,
1082 1255A, 1797A, 1813A, 1832B, 1846B, 1882A, 1896A, 1907A, 1939A,
1083 1974A, 1993A, 2273A, 2320A, 2417A, 2477A, 2507A, 2516A, and
1084 3153A, the Department of Economic Opportunity, the Department of
1085 Education, the Department of Financial Services, the Department
1086 of Health, the Department of Juvenile Justice, the Department of
1087 State, the Department of Transportation, and the Fish and
1088 Wildlife Conservation Commission, respectively, which are
1089 occupying space located at the Koger Executive Center
1090 Tallahassee pursuant to State of Florida Lease No. 720:0138, or
1091 any other lease, on June 30, 2012, and the Department of
1092 Management Services are prohibited from expending any other
1093 funds from the General Revenue Fund, any trust fund or from any
1094 other source for the rent, lease or possession of any space for
1095 offices or other purpose or use at Koger Executive Center
1096 Tallahassee pursuant to State of Florida Lease No. 720:0138, or
1097 any other lease. Any department or agency of the State of
1098 Florida occupying space at Koger Executive Center Tallahassee
1099 pursuant to State of Florida Lease No. 720:0138, or any other
1100 lease, on June 30, 2012, shall vacate all such space not later
1101 than December 31, 2012, and shall surrender possession of all
1102 such space to the owner thereof not later than December 31,
1103 2012, notwithstanding any lease or contract to the contrary.
1104 Section 58. Any section of this act which implements a
1105 specific appropriation or specifically identified proviso
1106 language in the 2012-2013 General Appropriations Act is void if
1107 the specific appropriation or specifically identified proviso
1108 language is vetoed. Any section of this act which implements
1109 more than one specific appropriation or more than one portion of
1110 specifically identified proviso language in the 2012-2013
1111 General Appropriations Act is void if all the specific
1112 appropriations or portions of specifically identified proviso
1113 language are vetoed.
1114 Section 59. If any other act passed during the 2012 Regular
1115 Session contains a provision that is substantively the same as a
1116 provision in this act, but that removes or is otherwise not
1117 subject to the future repeal applied to such provision by this
1118 act, the Legislature intends that the provision in the other act
1119 takes precedence and continues to operate, notwithstanding the
1120 future repeal provided by this act.
1121 Section 60. If any provision of this act or its application
1122 to any person or circumstance is held invalid, the invalidity
1123 does not affect other provisions or applications of the act
1124 which can be given effect without the invalid provision or
1125 application, and to this end the provisions of this act are
1126 severable.
1127 Section 61. Except as otherwise expressly provided in this
1128 act and except for this section, which shall take effect upon
1129 this act becoming a law, this act shall take effect July 1,
1130 2012; or, if this act fails to become a law until after that
1131 date, it shall take effect upon becoming a law and shall operate
1132 retroactively to July 1, 2012.