Florida Senate - 2012 SENATOR AMENDMENT
Bill No. HB 5003
Barcode 771958
LEGISLATIVE ACTION
Senate . House
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Floor: 1/R/2R .
03/09/2012 10:19 PM .
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Senator Alexander moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. It is the intent of the Legislature that the
6 implementing and administering provisions of this act apply to
7 the General Appropriations Act for the 2012-2013 fiscal year.
8 Section 2. In order to implement Specific Appropriations 6,
9 7, 8, 84, and 85 of the 2012-2013 General Appropriations Act,
10 the calculations of the Florida Education Finance Program for
11 the 2012-2013 fiscal year in the document entitled “Public
12 School Funding-The Florida Education Finance Program,” dated
13 February 20, 2012, and filed with the Secretary of the Senate,
14 are incorporated by reference for the purpose of displaying the
15 calculations used by the Legislature, consistent with the
16 requirements of the Florida Statutes, in making appropriations
17 for the Florida Education Finance Program.
18 Section 3. In order to implement Specific Appropriations 16
19 and 16A of the 2012-2013 General Appropriations Act, paragraph
20 (c) of subsection (3) of section 216.292, Florida Statutes, is
21 amended to read:
22 216.292 Appropriations nontransferable; exceptions.—
23 (3) The following transfers are authorized with the
24 approval of the Executive Office of the Governor for the
25 executive branch or the Chief Justice for the judicial branch,
26 subject to the notice and objection provisions of s. 216.177:
27 (c) The transfer of appropriations for fixed capital outlay
28 from the Survey Recommended Needs-Public Schools appropriation
29 category to the Maintenance, Repair, Renovation and Remodeling
30 appropriation category. The allocation of transferred funds must
31 be in accordance with s. 1013.62. This paragraph expires July 1,
32 2013 2012.
33 Section 4. In order to implement Specific Appropriation 129
34 of the 2012-2013 General Appropriations Act and notwithstanding
35 any other law, for the 2012-2013 fiscal year only, a university
36 board of trustees may expend reserve or carry-forward balances
37 from prior year operational and programmatic appropriations for
38 legislatively approved fixed capital outlay projects authorized
39 for the establishment of a new campus.
40 Section 5. In order to implement Specific Appropriation 512
41 of the 2012-2013 General Appropriations Act, and for the 2012
42 2013 fiscal year only, the following requirements govern the
43 completion of Phase 2 and Phase 3 of the Department of Health’s
44 Florida Onsite Sewage Nitrogen Reduction Strategies Study:
45 (1) The Department of Health’s underlying contract for the
46 study remains in full force and effect and funding for
47 completion of Phase 2 and Phase 3 is through the Department of
48 Health.
49 (2) The Department of Health, the Department of Health’s
50 Research Review and Advisory Committee, and the Department of
51 Environmental Protection shall work together to provide the
52 necessary technical oversight for completing Phase 2 and Phase 3
53 of the project.
54 (3) Management and oversight for completing Phase 2 and
55 Phase 3 must be consistent with the terms of the existing
56 contract. However, the main focus and priority to be completed
57 during Phase 3 is developing, testing, and recommending cost
58 effective passive technology design criteria for nitrogen
59 reduction.
60 (4) The systems installed at homesites are experimental in
61 nature and shall be installed with significant field testing and
62 monitoring. The Department of Health is specifically authorized
63 to allow installation of these experimental systems.
64 Notwithstanding any other law, before Phase 3 of the study is
65 completed, a state agency may not adopt or implement a rule or
66 policy that:
67 (a) Mandates, establishes, or implements more restrictive
68 nitrogen-reduction standards to existing or new onsite sewage
69 treatment systems or modification of such systems; or
70 (b) Directly or indirectly requires the use of performance
71 based treatment systems or similar technology, such as through
72 an administrative order developed by the Department of
73 Environmental Protection as part of a basin management action
74 plan adopted pursuant to s. 403.067, Florida Statutes. However,
75 the implementation of more restrictive nitrogen-reduction
76 standards for onsite systems may be required through a basin
77 management action plan if such plan is phased in after
78 completion of Phase 3.
79 Section 6. In order to implement Specific Appropriations
80 187, 189, 193 through 195, and 198 of the 2012-2013 General
81 Appropriations Act, the calculations of the Medicaid Low-Income
82 Pool, Disproportionate Share Hospital, and Hospital Exemptions
83 Programs for the 2012-2013 fiscal year in the document entitled
84 “Medicaid Supplemental Hospital Funding Programs” dated February
85 10, 2012, and filed with the Secretary of the Senate, are
86 incorporated by reference for the purpose of displaying the
87 calculations used by the Legislature, consistent with the
88 requirements of the Florida Statutes, in making appropriations
89 for the Low-Income Pool, Disproportionate Share Hospital, and
90 Hospital Exemptions Programs.
91 Section 7. In order to implement Specific Appropriations
92 283 through 390 of the 2012-2013 General Appropriations Act,
93 subsection (4) of section 20.04, Florida Statutes, is amended to
94 read:
95 20.04 Structure of executive branch.—The executive branch
96 of state government is structured as follows:
97 (4) Within the Department of Children and Family Services
98 there are organizational units called “circuits” and “regions.”
99 “program offices,” headed by program directors. Each circuit is
100 aligned geographically with each of the state’s judicial
101 circuits, and each region is comprised of multiple circuits, and
102 each region is comprised of multiple circuits that are in
103 geographical proximity to each other.
104 Section 8. The amendment to s. 20.04(4), Florida Statutes,
105 shall expire July 1, 2013, and the text of that subsection shall
106 revert to that in existence on June 30, 2012, except that any
107 amendments to such text enacted other than by this act shall be
108 preserved and continue to operate to the extent that such
109 amendments are not dependent upon the portions of text which
110 expire pursuant to this section.
111 Section 9. In order to implement Specific Appropriations
112 337 through 371 of the 2012-2013 General Appropriations Act,
113 funds appropriated to the Department of Children and Family
114 Services for:
115 (1) Adult community mental health must first be used to
116 fund crisis stabilization services and forensic mental health
117 treatment services. The remaining funds shall be allocated by
118 region and awarded to providers as ranked by the department as
119 having achieved the highest performance.
120 (2) Adult substance abuse services must first be used to
121 fund detoxification services. The remaining funds shall be
122 allocated by region and awarded to providers as ranked by the
123 department as having achieved the highest performance.
124 (3) This section expires July 1, 2013.
125 Section 10. In order to implement Specific Appropriation
126 208 of the 2012-2013 General Appropriations Act, subsection (41)
127 of section 409.912, Florida Statutes, is amended to read:
128 409.912 Cost-effective purchasing of health care.—The
129 agency shall purchase goods and services for Medicaid recipients
130 in the most cost-effective manner consistent with the delivery
131 of quality medical care. To ensure that medical services are
132 effectively utilized, the agency may, in any case, require a
133 confirmation or second physician’s opinion of the correct
134 diagnosis for purposes of authorizing future services under the
135 Medicaid program. This section does not restrict access to
136 emergency services or poststabilization care services as defined
137 in 42 C.F.R. part 438.114. Such confirmation or second opinion
138 shall be rendered in a manner approved by the agency. The agency
139 shall maximize the use of prepaid per capita and prepaid
140 aggregate fixed-sum basis services when appropriate and other
141 alternative service delivery and reimbursement methodologies,
142 including competitive bidding pursuant to s. 287.057, designed
143 to facilitate the cost-effective purchase of a case-managed
144 continuum of care. The agency shall also require providers to
145 minimize the exposure of recipients to the need for acute
146 inpatient, custodial, and other institutional care and the
147 inappropriate or unnecessary use of high-cost services. The
148 agency shall contract with a vendor to monitor and evaluate the
149 clinical practice patterns of providers in order to identify
150 trends that are outside the normal practice patterns of a
151 provider’s professional peers or the national guidelines of a
152 provider’s professional association. The vendor must be able to
153 provide information and counseling to a provider whose practice
154 patterns are outside the norms, in consultation with the agency,
155 to improve patient care and reduce inappropriate utilization.
156 The agency may mandate prior authorization, drug therapy
157 management, or disease management participation for certain
158 populations of Medicaid beneficiaries, certain drug classes, or
159 particular drugs to prevent fraud, abuse, overuse, and possible
160 dangerous drug interactions. The Pharmaceutical and Therapeutics
161 Committee shall make recommendations to the agency on drugs for
162 which prior authorization is required. The agency shall inform
163 the Pharmaceutical and Therapeutics Committee of its decisions
164 regarding drugs subject to prior authorization. The agency is
165 authorized to limit the entities it contracts with or enrolls as
166 Medicaid providers by developing a provider network through
167 provider credentialing. The agency may competitively bid single
168 source-provider contracts if procurement of goods or services
169 results in demonstrated cost savings to the state without
170 limiting access to care. The agency may limit its network based
171 on the assessment of beneficiary access to care, provider
172 availability, provider quality standards, time and distance
173 standards for access to care, the cultural competence of the
174 provider network, demographic characteristics of Medicaid
175 beneficiaries, practice and provider-to-beneficiary standards,
176 appointment wait times, beneficiary use of services, provider
177 turnover, provider profiling, provider licensure history,
178 previous program integrity investigations and findings, peer
179 review, provider Medicaid policy and billing compliance records,
180 clinical and medical record audits, and other factors. Providers
181 are not entitled to enrollment in the Medicaid provider network.
182 The agency shall determine instances in which allowing Medicaid
183 beneficiaries to purchase durable medical equipment and other
184 goods is less expensive to the Medicaid program than long-term
185 rental of the equipment or goods. The agency may establish rules
186 to facilitate purchases in lieu of long-term rentals in order to
187 protect against fraud and abuse in the Medicaid program as
188 defined in s. 409.913. The agency may seek federal waivers
189 necessary to administer these policies.
190 (41)(a) The agency shall contract on a prepaid or fixed-sum
191 basis with appropriately licensed prepaid dental health plans to
192 provide dental services. This subsection expires October 1,
193 2014.
194 (b) Notwithstanding paragraph (a) and for the 2012-2013
195 fiscal year only, the agency is authorized to provide a Medicaid
196 prepaid dental health program in Miami-Dade County. For all
197 other counties, the agency may not limit dental services to
198 prepaid plans and must allow qualified dental providers to
199 provide dental services under Medicaid on a fee-for-service
200 reimbursement methodology. The agency may seek any necessary
201 revisions or amendments to the state plan or federal waivers in
202 order to implement this paragraph. The agency shall terminate
203 existing contracts as needed to implement this paragraph. This
204 paragraph expires July 1, 2013.
205 Section 11. In order to implement Specific Appropriation
206 587A of the 2012-2013 General Appropriations Act,
207 notwithstanding s. 216.177, Florida Statutes, requiring only 3
208 days’ notice to the Legislature for the release of funds, budget
209 amendments recommending the release of funds to continue the
210 Crestview Education Center project at Florida Agricultural and
211 Mechanical University must be provided at least 14 days before
212 the effective date of the action and are subject to the
213 objection procedures in s. 216.177(2)(b), Florida Statutes.
214 Section 12. In order to fulfill legislative intent
215 regarding the use of funds contained in Specific Appropriations
216 661, 673, 686, and 1261 of the 2012-2013 General Appropriations
217 Act, the Department of Corrections and the Department of
218 Juvenile Justice may expend appropriated funds to assist in
219 defraying costs that are incurred by a municipality or county
220 and are associated with opening or operating a facility under
221 the authority of the respective department. The amount paid for
222 a facility may not exceed 1 percent of the cost to construct the
223 facility, less building impact fees imposed by the municipality
224 or county. This section expires July 1, 2013.
225 Section 13. In order to implement Specific Appropriations
226 625 though 758 and 778 through 815 of the 2012-2013 General
227 Appropriations Act, subsection (4) of section 216.262, Florida
228 Statutes, is amended to read:
229 216.262 Authorized positions.—
230 (4) Notwithstanding the provisions of this chapter relating
231 to increasing the number of authorized positions, and for the
232 2012-2013 2011-2012 fiscal year only, if the actual inmate
233 population of the Department of Corrections exceeds the inmate
234 population projections of the December 14, February 21, 2011,
235 Criminal Justice Estimating Conference by 1 percent for 2
236 consecutive months or 2 percent for any month, the Executive
237 Office of the Governor, with the approval of the Legislative
238 Budget Commission, shall immediately notify the Criminal Justice
239 Estimating Conference, which shall convene as soon as possible
240 to revise the estimates. The Department of Corrections may then
241 submit a budget amendment requesting the establishment of
242 positions in excess of the number authorized by the Legislature
243 and additional appropriations from unallocated general revenue
244 sufficient to provide for essential staff, fixed capital
245 improvements, and other resources to provide classification,
246 security, food services, health services, and other variable
247 expenses within the institutions to accommodate the estimated
248 increase in the inmate population. All actions taken pursuant to
249 this subsection are subject to review and approval by the
250 Legislative Budget Commission. This subsection expires July 1,
251 2013 2012.
252 Section 14. In order to implement Specific Appropriations
253 1327, 1340, 1351, and 1368 of the 2012-2013 General
254 Appropriations Act, the Department of Legal Affairs may transfer
255 cash remaining after required disbursements for Attorney General
256 case numbers 09-CV-51614, 16-2008-CA-01-3142CV-C, and
257 CACE08022328 from FLAIR account 41-74-2-601001-41100100-00
258 181076-00 to the Operating Trust Fund to pay salaries and
259 benefits. This section expires July 1, 2013.
260 Section 15. In order to implement Specific Appropriations
261 1333 and 1334 of the 2012-2013 General Appropriations Act, the
262 Department of Legal Affairs may expend appropriated funds in
263 those specific appropriations on the same programs that were
264 funded by the department pursuant to specific appropriations
265 made in general appropriations acts in prior years. This section
266 expires July 1, 2013.
267 Section 16. In order to implement Specific Appropriations
268 1297B and 1299 of the 2012-2013 General Appropriations Act,
269 paragraph (d) of subsection (4) of section 932.7055, Florida
270 Statutes, is amended to read:
271 932.7055 Disposition of liens and forfeited property.—
272 (4) The proceeds from the sale of forfeited property shall
273 be disbursed in the following priority:
274 (d) Notwithstanding any other provision of this subsection,
275 and for the 2012-2013 2011-2012 fiscal year only, the funds in a
276 special law enforcement trust fund established by the governing
277 body of a municipality may be expended to reimburse the general
278 fund of the municipality for moneys advanced from the general
279 fund to the special law enforcement trust fund before October 1,
280 2001. This paragraph expires July 1, 2013 2012.
281 Section 17. (1) In order to implement Specific
282 Appropriations 1187, 1188, 1193, 1194, 1239, 1240, 1244, 1245,
283 1247, 1251, 1252, 1255, 1256, 1257, and 1267 of the 2012-2013
284 General Appropriations Act, the Department of Juvenile Justice
285 must comply with the following reimbursement limitations:
286 (a) Payments to a hospital or a health care provider may
287 not exceed 110 percent of the Medicare allowable rate for any
288 health care services provided if no contract exists between the
289 department and the hospital or the health care provider
290 providing services at a hospital;
291 (b) The department may continue to make payments for health
292 care services at the currently contracted rates through the
293 current term of the contract if a contract has been executed
294 between the department and a hospital or a health care provider
295 providing services to a hospital; however, payments may not
296 exceed 110 percent of the Medicare allowable rate after the
297 current term of the contract expires or after the contract is
298 renewed during the 2012-2013 fiscal year;
299 (c) Payments may not exceed 110 percent of the Medicare
300 allowable rate under a contract executed on or after July 1,
301 2012, between the department and a hospital or health care
302 provider providing services at a hospital;
303 (d) Notwithstanding paragraphs (a), (b), and (c), the
304 department may pay up to 125 percent of the Medicare allowable
305 rate for health care services at a hospital that reports or has
306 reported a negative operating margin for the previous fiscal
307 year to the Agency for Health Care Administration through
308 hospital-audited financial data; and
309 (e) The department may not execute a contract for health
310 care services at a hospital for rates other than rates based on
311 a percentage of the Medicare allowable rate.
312 (2) For purposes of this section, the term “hospital” means
313 a hospital licensed under chapter 395, Florida Statutes.
314 (3) This section expires July 1, 2013.
315 Section 18. In order to implement Section 7 of the 2012
316 2013 General Appropriations Act, subsection (2) of section
317 215.18, Florida Statutes, is amended to read:
318 215.18 Transfers between funds; limitation.—
319 (2) The Chief Justice of the Supreme Court may receive one
320 or more trust fund loans of up to $54 million in total, the
321 purpose of which is to ensure that the state court system has
322 funds sufficient to meet its appropriations in the 2012-2013
323 2011-2012 General Appropriations Act. If the Chief Justice
324 accesses the loan, he or she must notify the Governor and the
325 chairs of the legislative appropriations committees in writing.
326 The loan must come from other funds in the State Treasury which
327 are for the time being or otherwise in excess of the amounts
328 necessary to meet the just requirements of such last-mentioned
329 funds. The Governor shall order the transfer of funds within 5
330 days after the written notification from the Chief Justice. If
331 the Governor does not order the transfer, the Chief Financial
332 Officer shall transfer the requested funds. The loan of funds
333 from which any money is temporarily transferred must be repaid
334 by the end of the 2012-2013 2011-2012 fiscal year. This
335 subsection expires July 1, 2013 2012.
336 Section 19. In order to implement Specific Appropriation
337 850 of the 2012-2013 General Appropriations Act, and not
338 withstanding s. 28.2455, Florida Statutes, any funds remaining
339 in the Clerks of Court Trust Fund may not be transferred to the
340 General Revenue Fund and remain available to the clerks of court
341 for expenditures during the 2012-2013 fiscal year. This section
342 shall take effect upon this act becoming a law and expires July
343 1, 2013.
344 Section 20. In order to implement Specific Appropriations
345 850 and 3215 through 3238 of the 2012-2013 General
346 Appropriations Act, the calculation of unit costs for the clerks
347 of court and the state trial courts for the 2011-2012 and 2012
348 2013 fiscal years are contained in the documents entitled
349 “Fiscal Year 2011-12 and Fiscal Year 2012-13 Clerks of Court
350 Unit Cost Budgets” and “Fiscal Year 2011-12 and Fiscal Year
351 2012-13 Trial Courts Unit Cost Budgets” dated February 10, 2012,
352 which are filed with the Secretary of the Senate and
353 incorporated by reference for the purpose of displaying the
354 calculations used by the Legislature in making appropriations
355 for the clerks of court and the state trial courts.
356 Section 21. In order to implement section 7 of the 2012
357 2013 General Appropriations Act, paragraph (c) of subsection (4)
358 of section 29.008, Florida Statutes, is amended to read:
359 29.008 County funding of court-related functions.—
360 (4)
361 (c) Counties are exempt from all requirements and
362 provisions of paragraph (a) for the 2012-2013 2011-2012 fiscal
363 year. Accordingly, for the 2012-2013 2011-2012 fiscal year,
364 counties shall maintain, but are not required to increase, their
365 expenditures for the items specified in paragraphs (1)(a)-(h)
366 and subsection (3). The requirements described in paragraph (a)
367 shall be reinstated beginning with the 2013-2014 2012-2013
368 fiscal year. This paragraph expires July 1, 2013 2012.
369 Section 22. In order to implement Specific Appropriations
370 2743 through 2753 of the 2012-2013 General Appropriations Act,
371 the Department of Management Services shall use interest
372 earnings of the Communications Working Capital Trust Fund as the
373 funding source for its responsibilities relating to the
374 administration of the MyFlorida.com portal.
375 Section 23. In order to implement Specific Appropriation
376 1662 of the 2012-2013 General Appropriations Act, paragraph (b)
377 of subsection (3) of section 375.041, Florida Statutes, is
378 amended to read:
379 375.041 Land Acquisition Trust Fund.—
380 (3)
381 (b) In addition to the uses allowed under paragraph (a),
382 for the 2012-2013 2011-2012 fiscal year, moneys in the Land
383 Acquisition Trust Fund are authorized for transfer to support
384 the Total Maximum Daily Loads Program as provided in the General
385 Appropriations Act. This paragraph expires July 1, 2013 2012.
386 Section 24. In order to implement Specific Appropriation
387 1644 of the 2012-2013 General Appropriations Act, subsection
388 (12) of section 373.59, Florida Statutes, is amended to read:
389 373.59 Water Management Lands Trust Fund.—
390 (12) Notwithstanding subsection (8), and for the 2012-2013
391 2011-2012 fiscal year only, the moneys from the Water Management
392 Lands Trust Fund are allocated as follows:
393 (a) An amount necessary to pay debt service on bonds issued
394 before February 1, 2009, by the South Florida Water Management
395 District and the St. Johns River Water Management District,
396 which are secured by revenues provided pursuant to this section,
397 or to fund debt service reserve funds, rebate obligations, or
398 other amounts payable with respect to such bonds;
399 (b) Eight million dollars to be transferred to the General
400 Revenue Fund; and
401 (c) The remaining appropriation funds to be distributed to
402 the Suwannee River Water Management District, of which $500,000
403 may be used for minimum flows and levels.
404
405 This subsection expires July 1, 2013 2012.
406 Section 25. In order to implement Specific Appropriations
407 1664 through 1666 and 1668 and Section 42 of the 2012-2013
408 General Appropriations Act, paragraph (g) of subsection (1) of
409 section 403.1651, Florida Statutes, is reenacted to read:
410 403.1651 Ecosystem Management and Restoration Trust Fund.—
411 (1) There is created the Ecosystem Management and
412 Restoration Trust Fund to be administered by the Department of
413 Environmental Protection for the purposes of:
414 (g) Funding activities to preserve and repair the state’s
415 beaches as provided in ss. 161.091-161.212.
416 Section 26. The amendment to s. 403.1651(1)(g), Florida
417 Statutes, as carried forward by this act from chapter 2011-47,
418 Laws of Florida, shall expire July 1, 2013, and the text of that
419 paragraph shall revert to that in existence on June 30, 2009,
420 except that any amendments to such text enacted other than by
421 this act shall be preserved and continue to operate to the
422 extent that such amendments are not dependent upon the portions
423 of text which expire pursuant to this section.
424 Section 27. In order to implement Specific Appropriation
425 1714 of the 2012-2013 General Appropriations Act, subsection (5)
426 of section 403.7095, Florida Statutes, is amended to read:
427 403.7095 Solid waste management grant program.—
428 (5) Notwithstanding any other provision of this section,
429 and for the 2012-2013 2011-2012 fiscal year only, the Department
430 of Environmental Protection shall award the sum of $2,400,000 in
431 grants equally to counties having populations of fewer than
432 100,000 for waste tire and litter prevention, recycling
433 education, and general solid waste programs. This subsection
434 expires July 1, 2013 2012.
435 Section 28. In order to implement Specific Appropriation
436 1496 of the 2012-2013 General Appropriations Act and to provide
437 consistency and continuity in the promotion of agriculture
438 throughout the state, notwithstanding s. 287.057, Florida
439 Statutes, the Department of Agriculture and Consumer Services
440 may extend, revise, and renew current contracts or agreements
441 created or entered into pursuant to chapter 2006-25, Laws of
442 Florida. This section expires July 1, 2013.
443 Section 29. In order to implement Specific Appropriations
444 1806, 1841, 1863, and 1903 of the 2012-2013 General
445 Appropriations Act, subsection (4) is added to section 379.209,
446 Florida Statutes, to read:
447 379.209 Nongame Wildlife Trust Fund.—
448 (4) The commission may transfer cash balance from the trust
449 fund to the Grants and Donations Trust Fund for the purpose of
450 supporting cash flow needs. This subsection expires July 1,
451 2013.
452 Section 30. In order to implement Specific Appropriations
453 1806, 1841, 1863, and 1903 of the 2012-2013 General
454 Appropriations Act, the Fish and Wildlife Conservation
455 Commission may transfer $500,000 in hunting and fishing license
456 revenue from the Grants and Donations Trust Fund to the State
457 Game Trust Fund, in order to repay the loan originally
458 authorized in Specific Appropriation 1950 of the 2008-2009
459 General Appropriations Act, chapter 2008-152, Laws of Florida.
460 Section 31. In order to implement Specific Appropriation
461 1863A of the 2012-2013 General Appropriations Act relating to
462 the restoration of Lake Apopka and pursuant to the notice,
463 review, and objection procedures of s. 216.177, Florida
464 Statutes, the Executive Office of the Governor is authorized to
465 transfer appropriations between the Fish and Wildlife
466 Conservation Commission and the Department of Environmental
467 Protection as necessary to implement the approved list of
468 projects consistent with s. 216.292(1)(a), Florida Statutes.
469 This section expires July 1, 2013.
470 Section 32. In order to implement Specific Appropriations
471 1641 and 1642 of the 2012-2013 General Appropriations Act,
472 subsection (11) is added to section 373.4145, Florida Statutes,
473 to read:
474 373.4145 Part IV permitting program within the geographical
475 jurisdiction of the Northwest Florida Water Management
476 District.—
477 (11) Notwithstanding subsection (10) and for the 2012-2013
478 fiscal year only, the Northwest Florida Water Management
479 District is directed to use up to $1,851,231 in unbudgeted
480 reserves to fund and staff the environmental resource permitting
481 program established under this section. The unbudgeted reserves
482 may be used only if prior legislative appropriations for the
483 environmental resource permitting program have been expended in
484 their entirety. This subsection expires July 1, 2013.
485 Section 33. In order to implement Specific Appropriation
486 2255 of the 2012-2013 General Appropriations Act, subsection
487 (11) of section 445.009, Florida Statutes, is amended to read:
488 445.009 One-stop delivery system.—
489 (11) A participant in an adult or youth work experience
490 activity administered under this chapter shall be deemed an
491 employee of the state for purposes of workers’ compensation
492 coverage. In determining the average weekly wage, all
493 remuneration received from the employer shall be considered a
494 gratuity, and the participant shall not be entitled to any
495 benefits otherwise payable under s. 440.15, regardless of
496 whether the participant may be receiving wages and remuneration
497 from other employment with another employer and regardless of
498 his or her future wage-earning capacity. This subsection expires
499 July 1, 2013 2012.
500 Section 34. In order to implement Specific Appropriation
501 2287 of the 2012-2013 General Appropriations Act, paragraph (d)
502 of subsection (3) of section 163.3247, Florida Statutes, is
503 reenacted to read:
504 163.3247 Century Commission for a Sustainable Florida.—
505 (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; CREATION;
506 ORGANIZATION.—The Century Commission for a Sustainable Florida
507 is created as a standing body to help the citizens of this state
508 envision and plan their collective future with an eye towards
509 both 25-year and 50-year horizons.
510 (d) Members of the commission shall serve without
511 compensation.
512 Section 35. The amendment to s. 163.3247(3)(d), Florida
513 Statutes, as carried forward by this act from chapter 2011-47,
514 Laws of Florida, shall expire July 1, 2013, and the text of that
515 paragraph shall revert to that in existence on June 30, 2010,
516 except that any amendments to such text enacted other than by
517 this act shall be preserved and continue to operate to the
518 extent that such amendments are not dependent upon the portions
519 of text which expire pursuant to this section.
520 Section 36. In order to implement Specific Appropriation
521 2287 of the 2012-2013 General Appropriations Act, paragraph (c)
522 of subsection (1) of section 201.15, Florida Statutes, is
523 reenacted to read:
524 201.15 Distribution of taxes collected.—All taxes collected
525 under this chapter are subject to the service charge imposed in
526 s. 215.20(1). Prior to distribution under this section, the
527 Department of Revenue shall deduct amounts necessary to pay the
528 costs of the collection and enforcement of the tax levied by
529 this chapter. Such costs and the service charge may not be
530 levied against any portion of taxes pledged to debt service on
531 bonds to the extent that the costs and service charge are
532 required to pay any amounts relating to the bonds. After
533 distributions are made pursuant to subsection (1), all of the
534 costs of the collection and enforcement of the tax levied by
535 this chapter and the service charge shall be available and
536 transferred to the extent necessary to pay debt service and any
537 other amounts payable with respect to bonds authorized before
538 January 1, 2010, secured by revenues distributed pursuant to
539 subsection (1). All taxes remaining after deduction of costs and
540 the service charge shall be distributed as follows:
541 (1) Sixty-three and thirty-one hundredths percent of the
542 remaining taxes shall be used for the following purposes:
543 (c) After the required payments under paragraphs (a) and
544 (b), the remainder shall be paid into the State Treasury to the
545 credit of:
546 1. The State Transportation Trust Fund in the Department of
547 Transportation in the amount of the lesser of 38.2 percent of
548 the remainder or $541.75 million in each fiscal year. Out of
549 such funds, the first $50 million for the 2012-2013 fiscal year;
550 $65 million for the 2013-2014 fiscal year; and $75 million for
551 the 2014-2015 fiscal year and all subsequent years, shall be
552 transferred to the State Economic Enhancement and Development
553 Trust Fund within the Department of Economic Opportunity. The
554 remainder is to be used for the following specified purposes,
555 notwithstanding any other law to the contrary:
556 a. For the purposes of capital funding for the New Starts
557 Transit Program, authorized by Title 49, U.S.C. s. 5309 and
558 specified in s. 341.051, 10 percent of these funds;
559 b. For the purposes of the Small County Outreach Program
560 specified in s. 339.2818, 5 percent of these funds. Effective
561 July 1, 2014, the percentage allocated under this sub
562 subparagraph shall be increased to 10 percent;
563 c. For the purposes of the Strategic Intermodal System
564 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
565 of these funds after allocating for the New Starts Transit
566 Program described in sub-subparagraph a. and the Small County
567 Outreach Program described in sub-subparagraph b.; and
568 d. For the purposes of the Transportation Regional
569 Incentive Program specified in s. 339.2819, 25 percent of these
570 funds after allocating for the New Starts Transit Program
571 described in sub-subparagraph a. and the Small County Outreach
572 Program described in sub-subparagraph b. Effective July 1, 2014,
573 the first $60 million of the funds allocated pursuant to this
574 sub-subparagraph shall be allocated annually to the Florida Rail
575 Enterprise for the purposes established in s. 341.303(5).
576 2. The Grants and Donations Trust Fund in the Department of
577 Economic Opportunity in the amount of the lesser of .23 percent
578 of the remainder or $3.25 million in each fiscal year to fund
579 technical assistance to local governments and school boards on
580 the requirements and implementation of this act.
581 3. The Ecosystem Management and Restoration Trust Fund in
582 the amount of the lesser of 2.12 percent of the remainder or $30
583 million in each fiscal year, to be used for the preservation and
584 repair of the state’s beaches as provided in ss. 161.091
585 161.212.
586 4. General Inspection Trust Fund in the amount of the
587 lesser of .02 percent of the remainder or $300,000 in each
588 fiscal year to be used to fund oyster management and restoration
589 programs as provided in s. 379.362(3).
590
591 Moneys distributed pursuant to this paragraph may not be pledged
592 for debt service unless such pledge is approved by referendum of
593 the voters.
594 Section 37. The amendment to s. 201.15(1)(c)2., Florida
595 Statutes, as carried forward by this act from chapter 2011-47,
596 Laws of Florida, shall expire July 1, 2013, and the text of that
597 subparagraph shall revert to that in existence on June 30, 2010,
598 except that any amendments to such text enacted other than by
599 this act shall be preserved and continue to operate to the
600 extent that such amendments are not dependent upon the portions
601 of text which expire pursuant to this section.
602 Section 38. In order to implement Section 50 of the 2012
603 2013 General Appropriations Act, subsections (3) and (4) of
604 section 496 of chapter 2011-142, Laws of Florida, are amended to
605 read:
606 Section 496. Commission on Oil Spill Response
607 Coordination.—
608 (3) The board of trustees shall deliver the report to the
609 Governor, the President of the Senate, the Speaker of the House
610 of Representatives, the Secretary of Environmental Protection,
611 and the executive director of the Department of Economic
612 Opportunity by January 1, 2013 September 1, 2012.
613 (4) This section expires January 1, 2013 September 30,
614 2012.
615 Section 39. In order to implement the appropriation of
616 funds in appropriation category “Special Categories-Risk
617 Management Insurance” in the 2012-2013 General Appropriations
618 Act, and pursuant to the notice, review, and objection
619 procedures of s. 216.177, Florida Statutes, the Executive Office
620 of the Governor may transfer funds appropriated in that category
621 between departments in order to align the budget authority
622 granted with the premiums paid by each department for risk
623 management insurance. This section expires July 1, 2013.
624 Section 40. In order to implement Specific Appropriations
625 1904, 1929, 1935, 1971, and 1990 of the 2012-2013 General
626 Appropriations Act, the Department of Transportation may
627 reallocate the FTE reductions included in the General
628 Appropriations Act in order to meet the needs of the department
629 in accordance with chapter 216, Florida Statutes.
630 Section 41. In order to implement the appropriation of
631 funds in the appropriation category “Special Categories-Transfer
632 to Department of Management Services-Human Resources Services
633 Purchased Per Statewide Contract” in the 2011-2012 General
634 Appropriations Act, and pursuant to the notice, review, and
635 objection procedures of s. 216.177, Florida Statutes, the
636 Executive Office of the Governor may transfer funds appropriated
637 in that category between departments in order to align the
638 budget authority granted with the assessments that must be paid
639 by each agency to the Department of Management Services for
640 human resource management services. This section expires July 1,
641 2013.
642 Section 42. In order to implement specific appropriations
643 for salaries and benefits in the 2012-2013 General
644 Appropriations Act, paragraph (a) of subsection (12) of section
645 110.123, Florida Statutes, is amended to read:
646 110.123 State group insurance program.—
647 (12) HEALTH SAVINGS ACCOUNTS.—The department is authorized
648 to establish health savings accounts for full-time and part-time
649 state employees in association with a health insurance plan
650 option authorized by the Legislature and conforming to the
651 requirements and limitations of federal provisions relating to
652 the Medicare Prescription Drug, Improvement, and Modernization
653 Act of 2003.
654 (a)1. A member participating in this health insurance plan
655 option is eligible to receive an employer contribution into the
656 employee’s health savings account from the State Employees
657 Health Insurance Trust Fund in an amount to be determined by the
658 Legislature. A member is not eligible for an employer
659 contribution upon termination of employment. For the 2012-2013
660 2011-2012 fiscal year, the state’s monthly contribution for
661 employees having individual coverage shall be $41.66 and the
662 monthly contribution for employees having family coverage shall
663 be $83.33.
664 2. A member participating in this health insurance plan
665 option is eligible to deposit the member’s own funds into a
666 health savings account.
667 Section 43. In order to implement Section 8 of the 2012
668 2013 General Appropriations Act, paragraph (j) of subsection (3)
669 of section 110.123, Florida Statutes, is amended to read:
670 110.123 State group insurance program.—
671 (3) STATE GROUP INSURANCE PROGRAM.—
672 (j) Notwithstanding paragraph (f) requiring uniform
673 contributions, and for the 2012-2013 2011-2012 fiscal year only,
674 the state contribution toward the cost of any plan in the state
675 group insurance plan is the difference between the overall
676 premium and the employee contribution. This subsection expires
677 June 30, 2013 2012.
678 Section 44. In order to implement specific appropriations
679 for salaries and benefits in the 2012-2013 General
680 Appropriations Act, paragraph (b) of subsection (3) of section
681 112.24, Florida Statutes, is amended to read:
682 112.24 Intergovernmental interchange of public employees.
683 To encourage economical and effective utilization of public
684 employees in this state, the temporary assignment of employees
685 among agencies of government, both state and local, and
686 including school districts and public institutions of higher
687 education is authorized under terms and conditions set forth in
688 this section. State agencies, municipalities, and political
689 subdivisions are authorized to enter into employee interchange
690 agreements with other state agencies, the Federal Government,
691 another state, a municipality, or a political subdivision
692 including a school district, or with a public institution of
693 higher education. State agencies are also authorized to enter
694 into employee interchange agreements with private institutions
695 of higher education and other nonprofit organizations under the
696 terms and conditions provided in this section. In addition, the
697 Governor or the Governor and Cabinet may enter into employee
698 interchange agreements with a state agency, the Federal
699 Government, another state, a municipality, or a political
700 subdivision including a school district, or with a public
701 institution of higher learning to fill, subject to the
702 requirements of chapter 20, appointive offices which are within
703 the executive branch of government and which are filled by
704 appointment by the Governor or the Governor and Cabinet. Under
705 no circumstances shall employee interchange agreements be
706 utilized for the purpose of assigning individuals to participate
707 in political campaigns. Duties and responsibilities of
708 interchange employees shall be limited to the mission and goals
709 of the agencies of government.
710 (3) Salary, leave, travel and transportation, and
711 reimbursements for an employee of a sending party that is
712 participating in an interchange program shall be handled as
713 follows:
714 (b)1. The assignment of an employee of a state agency on
715 detail or on leave of absence may be made without reimbursement
716 by the receiving party for the travel and transportation
717 expenses to or from the place of the assignment or for the pay
718 and benefits, or a part thereof, of the employee during the
719 assignment.
720 2. For the 2012-2013 2011-2012 fiscal year only, the
721 assignment of an employee of a state agency as provided in
722 subparagraph 1. may be made if recommended by the Governor or
723 Chief Justice, as appropriate, and approved by the chairs of the
724 legislative appropriations committees. Such actions shall be
725 deemed approved if neither chair provides written notice of
726 objection within 14 days after the chair’s receiving notice of
727 the action pursuant to s. 216.177. This subparagraph expires
728 July 1, 2013 2012.
729 Section 45. In order to implement Specific Appropriations
730 2710 and 2711 of the 2012-2013 General Appropriations Act and
731 notwithstanding s. 11.13(1), Florida Statutes, the authorized
732 salaries for members of the Legislature for the 2012-2013 fiscal
733 year shall be set at the same level in effect on July 1, 2010.
734 This section expires July 1, 2013.
735 Section 46. In order to implement the transfer of moneys to
736 the General Revenue Fund from trust funds in the 2012-2013
737 General Appropriations Act, paragraph (b) of subsection (4) of
738 section 215.5601, Florida Statutes, is reenacted to read:
739 215.5601 Lawton Chiles Endowment Fund.—
740 (4) ADMINISTRATION.—
741 (b) The endowment shall be managed as an annuity. The
742 investment objective is the long-term preservation of the real
743 value of the net contributed principal and a specified regular
744 annual cash outflow for appropriation, as nonrecurring revenue.
745 From the annual cash outflow, a pro rata share shall be used
746 solely for biomedical research activities as provided in
747 paragraph (3)(d), until such time as cures are found for
748 tobacco-related cancer and heart and lung disease. Five percent
749 of the annual cash outflow dedicated to the biomedical research
750 portion of the endowment shall be reinvested and applied to that
751 portion of the endowment’s principal, with the remainder to be
752 spent on biomedical research activities consistent with this
753 section. The schedule of annual cash outflow must be included
754 within the investment plan adopted under paragraph (a).
755 Withdrawals other than specified regular cash outflow are
756 considered reductions in contributed principal for the purposes
757 of this subsection.
758 Section 47. The amendment to s. 215.5601(4)(b), Florida
759 Statutes, as carried forward by this act from chapter 2011-47,
760 Laws of Florida, shall expire July 1, 2013, and the text of that
761 paragraph shall revert to that in existence on June 30, 2010,
762 except that any amendments to such text enacted other than by
763 this act shall be preserved and continue to operate to the
764 extent that such amendments are not dependent upon the portions
765 of text which expire pursuant to this section.
766 Section 48. In order to implement the issuance of new debt
767 authorized in the 2012-2013 General Appropriations Act, and
768 pursuant to s. 215.98, Florida Statutes, the Legislature
769 determines that the authorization and issuance of debt for the
770 2012-2013 fiscal year should be implemented, is in the best
771 interest of the state, and necessary to address a critical state
772 emergency. This section expires July 1, 2013.
773 Section 49. In order to implement the funds appropriated in
774 the 2012-2013 General Appropriations Act for state employee
775 travel, the funds appropriated to each state agency, which may
776 be used for travel by state employees, are limited during the
777 2012-2013 fiscal year to travel for activities that are critical
778 to each state agency’s mission. Funds may not be used to pay for
779 travel by state employees to foreign countries, other states,
780 conferences, staff-training activities, or other administrative
781 functions unless the agency head has approved in writing that
782 such activities are critical to the agency’s mission. The agency
783 head must consider the use of teleconferencing and other forms
784 of electronic communication to meet the needs of the proposed
785 activity before approving mission-critical travel. This section
786 does not apply to travel for law enforcement purposes, military
787 purposes, emergency management activities, or public health
788 activities. This section expires July 1, 2013.
789 Section 50. In order to implement the appropriations
790 authorized in the 2012-2013 General Appropriations Act for each
791 of the state’s designated primary data centers, which are funded
792 from the data processing appropriation category and other
793 categories used to pay for computing services of user agencies,
794 and pursuant to the notice, review, and objection procedures of
795 s. 216.177, Florida Statutes, the Executive Office of the
796 Governor may transfer funds appropriated in any appropriation
797 category used to pay for data processing in the 2012-2013
798 General Appropriations Act between agencies in order to align
799 the budget authority granted with the utilization rate of each
800 department. This section expires July 1, 2013.
801 Section 51. State agencies that are required to begin
802 planning for a data center consolidation scheduled for a
803 subsequent fiscal year may accelerate the consolidation into the
804 2012-2013 fiscal year, contingent upon approval by the
805 Legislative Budget Commission of budget adjustments necessary to
806 accomplish the consolidation. The primary data center may
807 establish positions contingent on an equal or greater number of
808 positions being placed in reserve from the agency data centers
809 being consolidated. This section expires July 1, 2013.
810 Section 52. In order to implement appropriations in the
811 2012-2013 General Appropriations Act for the state’s designated
812 consolidated e-mail system within the Southwood Shared Resource
813 Center, which are funded from the data processing appropriation
814 category and other categories used to pay e-mail services of
815 user agencies, and pursuant to the notice, review, and objection
816 procedures of s. 216.177, Florida Statutes, the Executive Office
817 of the Governor may transfer funds appropriated in any
818 appropriation category used to pay for e-mail in the 2012-2013
819 General Appropriations Act between agencies in order to align
820 the budget authority granted with the projected e-mail bills for
821 each agency. This section expires July 1, 2013.
822 Section 53. In order to implement Section 8 of the General
823 Appropriations Act for the 2012-2013 fiscal year, paragraph (a)
824 of subsection (7) of section 110.12315, Florida Statutes, is
825 reenacted to read:
826 110.12315 Prescription drug program.—The state employees’
827 prescription drug program is established. This program shall be
828 administered by the Department of Management Services, according
829 to the terms and conditions of the plan as established by the
830 relevant provisions of the annual General Appropriations Act and
831 implementing legislation, subject to the following conditions:
832 (7) Under the state employees’ prescription drug program
833 copayments must be made as follows:
834 (a) Effective January 1, 2011, for the State Group Health
835 Insurance Standard Plan:
836 1. For generic drug with card.........................$7.
837 2. For preferred brand name drug with card...........$30.
838 3. For nonpreferred brand name drug with card........$50.
839 4. For generic mail order drug.......................$14.
840 5. For preferred brand name mail order drug..........$60.
841 6. For nonpreferred brand name mail order drug......$100.
842 Section 54. The amendment to s. 110.12315(7)(a), Florida
843 Statutes, as carried forward by this act from chapter 2011-47,
844 Laws of Florida, shall expire on July 1, 2013, and the text of
845 that paragraph shall revert to that in existence on December 31,
846 2010, except that any amendments to such text enacted other than
847 by this act shall be preserved and continue to operate to the
848 extent that such amendments are not dependent upon the portions
849 of text which expire pursuant to this section.
850 Section 55. In order to implement Specific Appropriation
851 209 of the 2012-2013 General Appropriations Act and
852 notwithstanding chapter 287, Florida Statutes, the Agency for
853 Health Care Administration shall competitively reprocure a
854 Florida Discount Drug Card Program to provide market competitive
855 discounts through a broad network of retail pharmacies and a
856 mail order pharmacy within the state and return money to the
857 state on a per prescription dispensed basis. Discounts must be
858 available to Florida residents without income restrictions.
859 Residents must be able to enroll and acquire a member
860 identification card from the participating pharmacies, online
861 and through text messaging, without a charge. Revenues derived
862 from this contract shall be deposited into the agency’s Grants
863 and Donations Trust Fund to reduce the cost of Medicaid pharmacy
864 purchases. This section expires July 1, 2013.
865 Section 56. In order to implement specific appropriations
866 for Expense and Other Capital Outlay in the 2012-2013 General
867 Appropriations Act, subsection (8) of section 946.515, Florida
868 Statutes, is amended to read:
869 946.515 Use of goods and services produced in correctional
870 work programs.—
871 (8) On June 30, 2013 2012, each state agency must submit a
872 report to the President of the Senate and the Speaker of the
873 House of Representatives which lists products or services
874 obtained from a source other than the corporation when a
875 comparable product or service could have been obtained from the
876 corporation. The report must include an explanation of why the
877 product or service was not obtained from the corporation. This
878 subsection expires July 1, 2013 2012.
879 Section 57. In order to implement Specific Appropriations
880 26A, 42A, 566A, 593A, 1190A, 1200A, 1209A, 1221A, 1255A, 1797A,
881 1813A, 1832B, 1846B, 1882A, 1896A, 1907A, 1939A, 1974A, 1993A,
882 2273A, 2320A, 2417A, 2477A, 2507A, 2516A, and 3153A of the 2012
883 2013 General Appropriations Act, the Department of Economic
884 Opportunity, the Department of Education, the Department of
885 Financial Services, the Department of Health, the Department of
886 Juvenile Justice, the Department of State, the Department of
887 Transportation, and the Fish and Wildlife Conservation
888 Commission, respectively, which are occupying space located at
889 the Koger Executive Center Tallahassee pursuant to State of
890 Florida Lease No. 720:0138, or any other lease, on June 30,
891 2012, and the Department of Management Services shall not amend
892 State of Florida Lease No. 720:0138 or other existing lease of
893 or for any space located at Koger Executive Center Tallahassee,
894 shall not defer any rent due under any such lease and shall not
895 occupy any additional space at Koger Executive Center
896 Tallahassee which was not occupied on June 30, 2012,
897 notwithstanding any lease or contract to the contrary. Except
898 for the funds specifically appropriated in Specific
899 Appropriations 26A, 42A, 566A, 593A, 1190A, 1200A, 1209A, 1221A,
900 1255A, 1797A, 1813A, 1832B, 1846B, 1882A, 1896A, 1907A, 1939A,
901 1974A, 1993A, 2273A, 2320A, 2417A, 2477A, 2507A, 2516A, and
902 3153A, the Department of Economic Opportunity, the Department of
903 Education, the Department of Financial Services, the Department
904 of Health, the Department of Juvenile Justice, the Department of
905 State, the Department of Transportation, and the Fish and
906 Wildlife Conservation Commission, respectively, which are
907 occupying space located at the Koger Executive Center
908 Tallahassee pursuant to State of Florida Lease No. 720:0138, or
909 any other lease, on June 30, 2012, and the Department of
910 Management Services are prohibited from expending any other
911 funds from the General Revenue Fund, any trust fund or from any
912 other source for the rent, lease or possession of any space for
913 offices or other purpose or use at Koger Executive Center
914 Tallahassee pursuant to State of Florida Lease No. 720:0138, or
915 any other lease. Any department or agency of the State of
916 Florida occupying space at Koger Executive Center Tallahassee
917 pursuant to State of Florida Lease No. 720:0138, or any other
918 lease, on June 30, 2012, shall vacate all such space not later
919 than December 31, 2012, and shall surrender possession of all
920 such space to the owner thereof not later than December 31,
921 2012, notwithstanding any lease or contract to the contrary.
922 Section 58. Any section of this act which implements a
923 specific appropriation or specifically identified proviso
924 language in the 2012-2013 General Appropriations Act is void if
925 the specific appropriation or specifically identified proviso
926 language is vetoed. Any section of this act which implements
927 more than one specific appropriation or more than one portion of
928 specifically identified proviso language in the 2012-2013
929 General Appropriations Act is void if all the specific
930 appropriations or portions of specifically identified proviso
931 language are vetoed.
932 Section 59. If any other act passed during the 2012 Regular
933 Session contains a provision that is substantively the same as a
934 provision in this act, but that removes or is otherwise not
935 subject to the future repeal applied to such provision by this
936 act, the Legislature intends that the provision in the other act
937 takes precedence and continues to operate, notwithstanding the
938 future repeal provided by this act.
939 Section 60. If any provision of this act or its application
940 to any person or circumstance is held invalid, the invalidity
941 does not affect other provisions or applications of the act
942 which can be given effect without the invalid provision or
943 application, and to this end the provisions of this act are
944 severable.
945 Section 61. Except as otherwise expressly provided in this
946 act and except for this section, which shall take effect upon
947 this act becoming a law, this act shall take effect July 1,
948 2012; or, if this act fails to become a law until after that
949 date, it shall take effect upon becoming a law and shall operate
950 retroactively to July 1, 2012.
951
952 ================= T I T L E A M E N D M E N T ================
953 And the title is amended as follows:
954 Delete everything before the enacting clause
955 and insert:
956 A bill to be entitled
957 An act implementing the 2012-2013 General
958 Appropriations Act; providing legislative intent;
959 incorporating by reference certain calculations of the
960 Florida Education Finance Program for the 2012-2013
961 fiscal year; amending s. 216.292, F.S.; authorizing
962 the transfer of funds between appropriation categories
963 to fund fixed capital outlay projects for public
964 schools upon certain approval; authorizing a
965 university board of trustees to expend reserve or
966 carry-forward balances for the establishment of a new
967 campus; providing requirements relating to completing
968 phase 2 and phase 3 of the Department of Health’s
969 Florida Onsite Sewage Nitrogen Reduction Strategies
970 Study; incorporating by reference certain calculations
971 of the Medicaid Low-Income Pool, Disproportionate
972 Share Hospital, and Hospital Exemptions Programs;
973 amending s. 20.04, F.S.; providing for organizational
974 units called “circuits” and “regions” in the
975 Department of Children and Family Services; providing
976 for the future expiration of certain amendments to
977 such provision and for the reversion of statutory
978 text; specifying how funds appropriated to the
979 Department of Children and Family Services for adult
980 community mental health and adult substance abuse
981 services are spent; amending s. 409.912, F.S.;
982 authorizing the Agency for Health Care Administration
983 to provide a Medicaid prepaid dental health program in
984 Miami-Dade County; authorizing the agency to seek
985 revisions or amendments to the state plan or federal
986 waivers in order to implement the program; requiring
987 that the agency terminate existing contracts as
988 necessary to implement the program; requiring certain
989 budget amendments recommending the release of funds
990 for the FAMU Crestview Education Center project to
991 provide more notice and be subject to certain
992 objection procedures; authorizing the Department of
993 Corrections and the Department of Juvenile Justice to
994 make certain expenditures to defray costs incurred by
995 a municipality or county for opening or operating a
996 facility under the authority of the respective entity;
997 amending s. 216.262, F.S.; providing for additional
998 positions to operate additional prison bed capacity
999 under certain circumstances; authorizing the
1000 Department of Legal Affairs to transfer certain funds
1001 to pay salaries and benefits and to continue to expend
1002 appropriated funds as directed in prior appropriations
1003 acts; amending s. 932.7055, F.S.; authorizing a
1004 municipality to expend funds from its special law
1005 enforcement trust fund to reimburse the municipality’s
1006 general fund; requiring that the Department of
1007 Juvenile Justice comply with specified reimbursement
1008 limitations with respect to payments to hospitals or
1009 health care providers for health care services;
1010 authorizing certain payments pursuant to a contracted
1011 rate only until the contract expires or is renewed;
1012 defining the term “hospital” for purposes of such
1013 limitations; amending s. 215.18, F.S.; providing for
1014 trust fund loans to the state court system sufficient
1015 to meet its appropriation; providing that any funds
1016 remaining in the Clerks of the Courts Trust Fund
1017 remain available to the clerks; incorporating certain
1018 documents by reference which display the calculations
1019 used to make the appropriations for the clerks of the
1020 court and the state trial courts; amending s. 29.008,
1021 F.S.; providing counties with an exemption from the
1022 requirement to annually increase certain expenditures
1023 by a specified percentage; requiring the Department of
1024 Management Services to use certain interest earnings
1025 to fund the administration of the MyFlorida.com
1026 portal; amending s. 375.041, F.S.; providing for the
1027 transfer of moneys from the Land Acquisition Trust
1028 Fund to support the Total Maximum Daily Loads
1029 programs; amending s. 373.59, F.S.; providing for the
1030 allocation of moneys from the Water Management Lands
1031 Trust Fund for certain purposes; reenacting s.
1032 403.1651(1)(g), F.S., relating to the use of funds
1033 from the Ecosystem Management and Restoration Trust
1034 Fund for the purpose of funding activities to preserve
1035 and repair the state’s beaches; providing for the
1036 future expiration of certain amendments to such
1037 provision and for the reversion of statutory text;
1038 amending s. 403.7095, F.S.; requiring that the
1039 Department of Environmental Protection award a
1040 specified amount in grants to certain counties for
1041 solid waste programs; authorizing the Department of
1042 Agriculture and Consumer Services to extend, revise,
1043 and renew current contracts or agreements created or
1044 entered into for the purpose of promotion of
1045 agriculture; amending s. 379.209, F.S.; authorizing
1046 the Fish and Wildlife Conservation Commission to
1047 transfer funds from the Nongame Wildlife Trust Fund to
1048 the Grants and Donations Trust Fund to support cash
1049 flow needs; authorizing the commission to transfer
1050 hunting and fishing license revenue to repay a loan;
1051 authorizing the Executive Office of the Governor to
1052 transfer appropriations between the Fish and Wildlife
1053 Conservation Commission in order to implement projects
1054 relating to the restoration of Lake Apopka; amending
1055 s. 373.4145, F.S.; directing the Northwest Florida
1056 Water Management District to use certain funds to fund
1057 the environmental resource permitting program if
1058 certain other funds have been expended; amending s.
1059 445.009, F.S.; providing that a participant in an
1060 adult or youth work experience activity under ch. 445,
1061 F.S., is an employee of the state for purposes of
1062 workers’ compensation coverage; reenacting s.
1063 163.3247(3)(d), F.S., relating to members of the
1064 Century Commission for a Sustainable Florida serving
1065 without compensation; providing for the future
1066 expiration of certain amendments to such provision and
1067 for the reversion of statutory text; reenacting s.
1068 201.15(1)(c), F.S., relating to funds deposited into
1069 the Grants and Donations Trust Fund in the Department
1070 of Economic Opportunity which are used to fund
1071 technical assistance to local governments and school
1072 boards; providing for the future expiration of certain
1073 amendments to such provision and for the reversion of
1074 statutory text; amending chapter 2011-142, Laws of
1075 Florida; extending the date the Commission on Oil
1076 Spill Response Coordination must submit a report
1077 relating to offshore oil drilling and damage claims;
1078 authorizing the Executive Office of the Governor to
1079 transfer funds between departments for purposes of
1080 aligning amounts paid for risk management premiums;
1081 authorizing the Department of Transportation to
1082 reallocate FTE reductions; authorizing the Executive
1083 Office of the Governor to transfer funds between
1084 departments for purposes of aligning amounts paid for
1085 human resource management services; amending s.
1086 110.123, F.S., relating to the state group insurance
1087 program; providing the state’s monthly contribution
1088 for individual coverage; providing that the state
1089 contribution toward the cost of a plan is the
1090 difference between the overall premium and the
1091 employee contribution; amending s. 112.24, F.S.;
1092 providing conditions relating to the assignment of an
1093 employee of a state agency without reimbursement from
1094 the receiving agency; providing that the annual salary
1095 of the members of the Legislature be maintained at a
1096 specified level; reenacting s. 215.5601(4)(b), F.S.,
1097 relating to the administration of the Lawton Chiles
1098 Endowment Fund; providing for the future expiration of
1099 certain amendments to such provision and for the
1100 reversion of statutory text; providing a legislative
1101 finding that the issuance of new debt is in the best
1102 interests of the state and necessary to address a
1103 critical state emergency; limiting the use of travel
1104 funds to activities that are critical to an agency’s
1105 mission; providing exceptions; authorizing agencies
1106 scheduled for data center consolidation to accelerate
1107 such consolidation; authorizing the establishment of
1108 data center positions in exchange for agency positions
1109 placed in reserve; authorizing the Executive Office of
1110 the Governor to transfer funds in appropriation
1111 categories used to pay for e-mail in order to align
1112 the budget authority of agencies; reenacting s.
1113 110.12315(7)(a), F.S., relating to copayments for the
1114 state employees’ prescription drug program; providing
1115 for the future expiration of certain amendments to
1116 such provision and for the reversion of statutory
1117 text; requiring the Agency for Health Care
1118 Administration to reprocure the Florida Discount Drug
1119 Card Program; providing requirements for the program;
1120 providing that revenues derived from the contract be
1121 deposited into the agency’s Grants and Donations Trust
1122 Fund; amending s. 946.515, F.S.; requiring each state
1123 agency to submit a report to the Legislature listing
1124 products or services obtained from sources other than
1125 the prison industries corporation; prohibiting certain
1126 state agencies from leasing space at the Koger
1127 Executive Center in Tallahassee after a certain date
1128 and from expending certain funds for the lease of such
1129 space; requiring all state agencies to vacate space at
1130 the Koger Center after a certain date; providing for
1131 the effect of a veto of one or more specific
1132 appropriations or proviso to which implementing
1133 language refers; providing for reversion of statutory
1134 text of certain provisions; providing for the
1135 continued operation of certain provisions
1136 notwithstanding a future repeal or expiration provided
1137 by the act; providing for severability; providing
1138 effective dates.