Florida Senate - 2012 (PROPOSED COMMITTEE BILL) SPB 7052
FOR CONSIDERATION By the Committee on Budget
576-03275A-12 20127052__
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; requiring certain budget
27 amendments recommending the release of funds for the
28 FAMU Crestview Education Center project to provide
29 more notice and be subject to certain objection
30 procedures; authorizing the Department of Corrections
31 and the Department of Juvenile Justice to make certain
32 expenditures to defray costs incurred by a
33 municipality or county for opening or operating a
34 facility under the authority of the respective entity;
35 amending s. 216.262, F.S.; providing for additional
36 positions to operate additional prison bed capacity
37 under certain circumstances; authorizing the
38 Department of Legal Affairs to transfer certain funds
39 to pay salaries and benefits and to continue to expend
40 appropriated funds as directed in prior appropriations
41 acts; amending s. 932.7055, F.S.; authorizing a
42 municipality to expend funds from its special law
43 enforcement trust fund to reimburse the municipality’s
44 general fund; requiring that the Department of
45 Juvenile Justice comply with specified reimbursement
46 limitations with respect to payments to hospitals or
47 health care providers for health care services;
48 authorizing certain payments pursuant to a contracted
49 rate only until the contract expires or is renewed;
50 defining the term “hospital” for purposes of such
51 limitations; amending s. 215.18, F.S.; providing for
52 trust fund loans to the state court system sufficient
53 to meet its appropriation; providing that any funds
54 remaining in the Clerks of the Courts Trust Fund
55 remain available to the clerks; incorporating certain
56 documents by reference which display the calculations
57 used to make the appropriations for the clerks of the
58 court and the state trial courts; amending s. 29.008,
59 F.S.; providing counties with an exemption from the
60 requirement to annually increase certain expenditures
61 by a specified percentage; requiring the Department of
62 Management Services to use certain interest earnings
63 to fund the administration of the MyFlorida.com
64 portal; amending s. 375.041, F.S.; providing for the
65 transfer of moneys from the Land Acquisition Trust
66 Fund to support the Total Maximum Daily Loads
67 programs; amending s. 373.59, F.S.; providing for the
68 allocation of moneys from the Water Management Lands
69 Trust Fund for certain purposes; reenacting s.
70 403.1651(1)(g), F.S., relating to the use of funds
71 from the Ecosystem Management and Restoration Trust
72 Fund for the purpose of funding activities to preserve
73 and repair the state’s beaches; providing for the
74 future expiration of certain amendments to such
75 provision and for the reversion of statutory text;
76 amending s. 403.7095, F.S.; requiring that the
77 Department of Environmental Protection award a
78 specified amount in grants to certain counties for
79 solid waste programs; authorizing the Department of
80 Agriculture and Consumer Services to extend, revise,
81 and renew current contracts or agreements created or
82 entered into for the purpose of promotion of
83 agriculture; amending s. 379.204, F.S.; authorizing
84 the Fish and Wildlife Conservation Commission to
85 transfer funds from the Nongame Wildlife Trust Fund to
86 the Grants and Donations Trust Fund to support cash
87 flow needs; authorizing the commission to transfer
88 hunting and fishing license revenue to repay a loan;
89 amending s. 373.4145, F.S.; directing the Northwest
90 Florida Water Management District to use certain funds
91 to fund the environmental resource permitting program
92 if certain other funds have been expended; amending s.
93 445.009, F.S.; providing that a participant in an
94 adult or youth work experience activity under ch. 445,
95 F.S., is an employee of the state for purposes of
96 workers’ compensation coverage; reenacting s.
97 163.3247(3)(d), F.S., relating to members of the
98 Century Commission for a Sustainable Florida serving
99 without compensation; providing for the future
100 expiration of certain amendments to such provision and
101 for the reversion of statutory text; reenacting s.
102 201.15(1)(c), F.S., relating to funds deposited into
103 the Grants and Donations Trust Fund in the Department
104 of Economic Opportunity which are used to fund
105 technical assistance to local governments and school
106 boards; providing for the future expiration of certain
107 amendments to such provision and for the reversion of
108 statutory text; amending chapter 2011-142, Laws of
109 Florida; extending the date the Commission on Oil
110 Spill Response Coordination must submit a report
111 relating to offshore oil drilling and damage claims;
112 amending s. 338.2275, F.S.; prohibiting the Department
113 of Transportation from issuing any bonds to fund the
114 Wekiva Parkway; authorizing the Executive Office of
115 the Governor to transfer funds between departments for
116 purposes of aligning amounts paid for risk management
117 premiums; authorizing the Department of Transportation
118 to reallocate FTE reductions; authorizing the
119 Executive Office of the Governor to transfer funds
120 between departments for purposes of aligning amounts
121 paid for human resource management services; amending
122 s. 110.123, F.S., relating to the state group
123 insurance program; providing the state’s monthly
124 contribution for individual coverage; providing that
125 the state contribution toward the cost of a plan is
126 the difference between the overall premium and the
127 employee contribution; amending s. 112.24, F.S.;
128 providing conditions relating to the assignment of an
129 employee of a state agency without reimbursement from
130 the receiving agency; providing that the annual salary
131 of the members of the Legislature be maintained at a
132 specified level; reenacting s. 215.32(2)(b), F.S.,
133 relating to the source and use of certain trust funds
134 in order to implement the transfer of moneys in the
135 General Revenue Fund from trust funds in the 2012-2013
136 General Appropriations Act; providing for the future
137 expiration of certain amendments to such provision and
138 for the reversion of statutory text; reenacting s.
139 215.5601(4)(b), F.S., relating to the administration
140 of the Lawton Chiles Endowment Fund; providing for the
141 future expiration of certain amendments to such
142 provision and for the reversion of statutory text;
143 providing a legislative finding that the issuance of
144 new debt is in the best interests of the state and
145 necessary to address a critical state emergency;
146 limiting the use of travel funds to activities that
147 are critical to an agency’s mission; providing
148 exceptions; authorizing agencies scheduled for data
149 center consolidation to accelerate such consolidation;
150 authorizing the establishment of data center positions
151 in exchange for agency positions placed in reserve;
152 authorizing the Executive Office of the Governor to
153 transfer funds in appropriation categories used to pay
154 for e-mail in order to align the budget authority of
155 agencies; reenacting s. 110.12315(7)(a), F.S.,
156 relating to copayments for the state employees’
157 prescription drug program; providing for the future
158 expiration of certain amendments to such provision and
159 for the reversion of statutory text; requiring the
160 Agency for Health Care Administration to reprocure the
161 Florida Discount Drug Card Program; providing
162 requirements for the program; providing that revenues
163 derived from the contract be deposited into the
164 agency’s Grants and Donations Trust Fund; amending s.
165 946.515, F.S.; requiring each state agency to submit a
166 report to the Legislature listing products or services
167 obtained from sources other than the prison industries
168 corporation; prohibiting certain state agencies from
169 leasing space at the Koger Executive Center in
170 Tallahassee after a certain date and from expending
171 certain funds for the lease of such space; requiring
172 all state agencies to vacate space at the Koger Center
173 after a certain date; providing for the effect of a
174 veto of one or more specific appropriations or proviso
175 to which implementing language refers; providing for
176 reversion of statutory text of certain provisions;
177 providing for the continued operation of certain
178 provisions notwithstanding a future repeal or
179 expiration provided by the act; providing for
180 severability; providing effective dates.
181
182 Be It Enacted by the Legislature of the State of Florida:
183
184 Section 1. It is the intent of the Legislature that the
185 implementing and administering provisions of this act apply to
186 the General Appropriations Act for the 2012-2013 fiscal year.
187 Section 2. In order to implement Specific Appropriations 6,
188 7, 8, 84, and 85 of the 2012-2013 General Appropriations Act,
189 the calculations of the Florida Education Finance Program for
190 the 2012-2013 fiscal year in the document entitled “Public
191 School Funding-The Florida Education Finance Program,” dated
192 February __, 2012, and filed with the Secretary of the Senate,
193 are incorporated by reference for the purpose of displaying the
194 calculations used by the Legislature, consistent with the
195 requirements of the Florida Statutes, in making appropriations
196 for the Florida Education Finance Program.
197 Section 3. In order to implement Specific Appropriations 16
198 and 16A of the 2012-2013 General Appropriations Act, paragraph
199 (c) of subsection (3) of section 216.292, Florida Statutes, is
200 amended to read:
201 216.292 Appropriations nontransferable; exceptions.—
202 (3) The following transfers are authorized with the
203 approval of the Executive Office of the Governor for the
204 executive branch or the Chief Justice for the judicial branch,
205 subject to the notice and objection provisions of s. 216.177:
206 (c) The transfer of appropriations for fixed capital outlay
207 from the Survey Recommended Needs-Public Schools appropriation
208 category to the Maintenance, Repair, Renovation and Remodeling
209 appropriation category. The allocation of transferred funds must
210 be in accordance with s. 1013.62. This paragraph expires July 1,
211 2013 2012.
212 Section 4. In order to implement Specific Appropriation 129
213 of the 2012-2013 General Appropriations Act and notwithstanding
214 any other law, for the 2012-2013 fiscal year only, a university
215 board of trustees may expend reserve or carry-forward balances
216 from prior year operational and programmatic appropriations for
217 legislatively approved fixed capital outlay projects authorized
218 for the establishment of a new campus.
219 Section 5. In order to implement Specific Appropriation 512
220 of the 2012-2013 General Appropriations Act, and for the 2012
221 2013 fiscal year only, the following requirements govern the
222 completion of Phase 2 and Phase 3 of the Department of Health’s
223 Florida Onsite Sewage Nitrogen Reduction Strategies Study:
224 (1) The Department of Health’s underlying contract for the
225 study remains in full force and effect and funding for
226 completion of Phase 2 and Phase 3 is through the Department of
227 Health.
228 (2) The Department of Health, the Department of Health’s
229 Research Review and Advisory Committee, and the Department of
230 Environmental Protection shall work together to provide the
231 necessary technical oversight for completing Phase 2 and Phase 3
232 of the project.
233 (3) Management and oversight for completing Phase 2 and
234 Phase 3 must be consistent with the terms of the existing
235 contract. However, the main focus and priority to be completed
236 during Phase 3 is developing, testing, and recommending cost
237 effective passive technology design criteria for nitrogen
238 reduction.
239 (4) The systems installed at homesites are experimental in
240 nature and shall be installed with significant field testing and
241 monitoring. The Department of Health is specifically authorized
242 to allow installation of these experimental systems.
243 Notwithstanding any other law, before Phase 3 of the study is
244 completed, a state agency may not adopt or implement a rule or
245 policy that:
246 (a) Mandates, establishes, or implements more restrictive
247 nitrogen-reduction standards to existing or new onsite sewage
248 treatment systems or modification of such systems; or
249 (b) Directly or indirectly requires the use of performance
250 based treatment systems or similar technology, such as through
251 an administrative order developed by the Department of
252 Environmental Protection as part of a basin management action
253 plan adopted pursuant to s. 403.067, Florida Statutes. However,
254 the implementation of more restrictive nitrogen-reduction
255 standards for onsite systems may be required through a basin
256 management action plan if such plan is phased in after
257 completion of Phase 3.
258 Section 6. In order to implement Specific Appropriations
259 187, 189, 193 through 195, and 198 of the 2012-2013 General
260 Appropriations Act, the calculations of the Medicaid Low-Income
261 Pool, Disproportionate Share Hospital, and Hospital Exemptions
262 Programs for the 2012-2013 fiscal year in the document entitled
263 “Medicaid Supplemental Hospital Funding Programs” dated February
264 10, 2012, and filed with the Secretary of the Senate, are
265 incorporated by reference for the purpose of displaying the
266 calculations used by the Legislature, consistent with the
267 requirements of the Florida Statutes, in making appropriations
268 for the Low-Income Pool, Disproportionate Share Hospital, and
269 Hospital Exemptions Programs.
270 Section 7. In order to implement Specific Appropriations
271 283 through 390 of the 2012-2013 General Appropriations Act,
272 subsection (4) of section 20.04, Florida Statutes, is amended to
273 read:
274 20.04 Structure of executive branch.—The executive branch
275 of state government is structured as follows:
276 (4) Within the Department of Children and Family Services
277 there are organizational units called “circuits” and “regions.”
278 “program offices,” headed by program directors. Each circuit is
279 aligned geographically with each of the state’s judicial
280 circuits, and each region is comprised of multiple circuits, and
281 each region is comprised of multiple circuits that are in
282 geographical proximity to each other.
283 Section 8. The amendment to s. 20.04(4), Florida Statutes,
284 shall expire July 1, 2013, and the text of that subsection shall
285 revert to that in existence on June 30, 2012, except that any
286 amendments to such text enacted other than by this act shall be
287 preserved and continue to operate to the extent that such
288 amendments are not dependent upon the portions of text which
289 expire pursuant to this section.
290 Section 9. In order to implement Specific Appropriations
291 337 through 371 of the 2012-2013 General Appropriations Act,
292 funds appropriated to the Department of Children and Family
293 Services for:
294 (1) Adult community mental health must first be used to
295 fund crisis stabilization services and forensic mental health
296 treatment services. The remaining funds shall be allocated by
297 region and awarded to providers as ranked by the department as
298 having achieved the highest performance.
299 (2) Adult substance abuse services must first be used to
300 fund detoxification services. The remaining funds shall be
301 allocated by region and awarded to providers as ranked by the
302 department as having achieved the highest performance.
303 (3) This section expires July 1, 2013.
304 Section 10. In order to implement Specific Appropriation
305 587A of the 2012-2013 General Appropriations Act,
306 notwithstanding s. 216.177, Florida Statutes, requiring only 3
307 days’ notice to the Legislature for the release of funds, budget
308 amendments recommending the release of funds to continue the
309 Crestview Education Center project at Florida Agricultural and
310 Mechanical University must be provided at least 14 days before
311 the effective date of the action and are subject to the
312 objection procedures in s. 216.177(2)(b), Florida Statutes.
313 Section 11. In order to fulfill legislative intent
314 regarding the use of funds contained in Specific Appropriations
315 661, 673, 686, and 1261 of the 2012-2013 General Appropriations
316 Act, the Department of Corrections and the Department of
317 Juvenile Justice may expend appropriated funds to assist in
318 defraying costs that are incurred by a municipality or county
319 and are associated with opening or operating a facility under
320 the authority of the respective department. The amount paid for
321 a facility may not exceed 1 percent of the cost to construct the
322 facility, less building impact fees imposed by the municipality
323 or county. This section expires July 1, 2013.
324 Section 12. In order to implement Specific Appropriations
325 625 though 758 and 778 through 815 of the 2012-2013 General
326 Appropriations Act, subsection (4) of section 216.262, Florida
327 Statutes, is amended to read:
328 216.262 Authorized positions.—
329 (4) Notwithstanding the provisions of this chapter relating
330 to increasing the number of authorized positions, and for the
331 2012-2013 2011-2012 fiscal year only, if the actual inmate
332 population of the Department of Corrections exceeds the inmate
333 population projections of the December 14, February 21, 2011,
334 Criminal Justice Estimating Conference by 1 percent for 2
335 consecutive months or 2 percent for any month, the Executive
336 Office of the Governor, with the approval of the Legislative
337 Budget Commission, shall immediately notify the Criminal Justice
338 Estimating Conference, which shall convene as soon as possible
339 to revise the estimates. The Department of Corrections may then
340 submit a budget amendment requesting the establishment of
341 positions in excess of the number authorized by the Legislature
342 and additional appropriations from unallocated general revenue
343 sufficient to provide for essential staff, fixed capital
344 improvements, and other resources to provide classification,
345 security, food services, health services, and other variable
346 expenses within the institutions to accommodate the estimated
347 increase in the inmate population. All actions taken pursuant to
348 this subsection are subject to review and approval by the
349 Legislative Budget Commission. This subsection expires July 1,
350 2013 2012.
351 Section 13. In order to implement Specific Appropriations
352 1327, 1340, 1351, and 1368 of the 2012-2013 General
353 Appropriations Act, the Department of Legal Affairs may transfer
354 cash remaining after required disbursements for Attorney General
355 case numbers 09-CV-51614, 16-2008-CA-01-3142CV-C, and
356 CACE08022328 from FLAIR account 41-74-2-601001-41100100-00
357 181076-00 to the Operating Trust Fund to pay salaries and
358 benefits. This section expires July 1, 2013.
359 Section 14. In order to implement Specific Appropriations
360 1333 and 1334 of the 2012-2013 General Appropriations Act, the
361 Department of Legal Affairs may expend appropriated funds in
362 those specific appropriations on the same programs that were
363 funded by the department pursuant to specific appropriations
364 made in general appropriations acts in prior years. This section
365 expires July 1, 2013.
366 Section 15. In order to implement Specific Appropriations
367 1297B and 1299 of the 2012-2013 General Appropriations Act,
368 paragraph (d) of subsection (4) of section 932.7055, Florida
369 Statutes, is amended to read:
370 932.7055 Disposition of liens and forfeited property.—
371 (4) The proceeds from the sale of forfeited property shall
372 be disbursed in the following priority:
373 (d) Notwithstanding any other provision of this subsection,
374 and for the 2012-2013 2011-2012 fiscal year only, the funds in a
375 special law enforcement trust fund established by the governing
376 body of a municipality may be expended to reimburse the general
377 fund of the municipality for moneys advanced from the general
378 fund to the special law enforcement trust fund before October 1,
379 2001. This paragraph expires July 1, 2013 2012.
380 Section 16. (1) In order to implement Specific
381 Appropriations 1187, 1188, 1193, 1194, 1239, 1240, 1244, 1245,
382 1247, 1251, 1252, 1255, 1256, 1257, and 1267 of the 2012-2013
383 General Appropriations Act, the Department of Juvenile Justice
384 must comply with the following reimbursement limitations:
385 (a) Payments to a hospital or a health care provider may
386 not exceed 110 percent of the Medicare allowable rate for any
387 health care services provided if no contract exists between the
388 department and the hospital or the health care provider
389 providing services at a hospital;
390 (b) The department may continue to make payments for health
391 care services at the currently contracted rates through the
392 current term of the contract if a contract has been executed
393 between the department and a hospital or a health care provider
394 providing services to a hospital; however, payments may not
395 exceed 110 percent of the Medicare allowable rate after the
396 current term of the contract expires or after the contract is
397 renewed during the 2012-2013 fiscal year;
398 (c) Payments may not exceed 110 percent of the Medicare
399 allowable rate under a contract executed on or after July 1,
400 2012, between the department and a hospital or health care
401 provider providing services at a hospital;
402 (d) Notwithstanding paragraphs (a), (b), and (c), the
403 department may pay up to 125 percent of the Medicare allowable
404 rate for health care services at a hospital that reports or has
405 reported a negative operating margin for the previous fiscal
406 year to the Agency for Health Care Administration through
407 hospital-audited financial data; and
408 (e) The department may not execute a contract for health
409 care services at a hospital for rates other than rates based on
410 a percentage of the Medicare allowable rate.
411 (2) For purposes of this section, the term “hospital” means
412 a hospital licensed under chapter 395, Florida Statutes.
413 (3) This section expires July 1, 2013.
414 Section 17. In order to implement Section 7 of the 2012
415 2013 General Appropriations Act, subsection (2) of section
416 215.18, Florida Statutes, is amended to read:
417 215.18 Transfers between funds; limitation.—
418 (2) The Chief Justice of the Supreme Court may receive one
419 or more trust fund loans of up to $54 million in total, the
420 purpose of which is to ensure that the state court system has
421 funds sufficient to meet its appropriations in the 2012-2013
422 2011-2012 General Appropriations Act. If the Chief Justice
423 accesses the loan, he or she must notify the Governor and the
424 chairs of the legislative appropriations committees in writing.
425 The loan must come from other funds in the State Treasury which
426 are for the time being or otherwise in excess of the amounts
427 necessary to meet the just requirements of such last-mentioned
428 funds. The Governor shall order the transfer of funds within 5
429 days after the written notification from the Chief Justice. If
430 the Governor does not order the transfer, the Chief Financial
431 Officer shall transfer the requested funds. The loan of funds
432 from which any money is temporarily transferred must be repaid
433 by the end of the 2012-2013 2011-2012 fiscal year. This
434 subsection expires July 1, 2013 2012.
435 Section 18. In order to implement Specific Appropriation
436 850 of the 2012-2013 General Appropriations Act, and not
437 withstanding s. 28.2455, Florida Statutes, any funds remaining
438 in the Clerks of Court Trust Fund may not be transferred to the
439 General Revenue Fund and remain available to the clerks of court
440 for expenditures during the 2012-2013 fiscal year. This section
441 shall take effect upon this act becoming a law and expires July
442 1, 2013.
443 Section 19. In order to implement Specific Appropriations
444 850 and 3215 through 3238 of the 2012-2013 General
445 Appropriations Act, the calculation of unit costs for the clerks
446 of court and the state trial courts for the 2011-2012 and 2012
447 2013 fiscal years are contained in the documents entitled
448 “Fiscal Year 2011-12 and Fiscal Year 2012-13 Clerks of Court
449 Unit Cost Budgets” and “Fiscal Year 2011-12 and Fiscal Year
450 2012-13 Trial Courts Unit Cost Budgets” dated February 10, 2012,
451 which are filed with the Secretary of the Senate and
452 incorporated by reference for the purpose of displaying the
453 calculations used by the Legislature in making appropriations
454 for the clerks of court and the state trial courts.
455 Section 20. In order to implement section 7 of the 2012
456 2013 General Appropriations Act, paragraph (c) of subsection (4)
457 of section 29.008, Florida Statutes, is amended to read:
458 29.008 County funding of court-related functions.—
459 (4)
460 (c) Counties are exempt from all requirements and
461 provisions of paragraph (a) for the 2012-2013 2011-2012 fiscal
462 year. Accordingly, for the 2012-2013 2011-2012 fiscal year,
463 counties shall maintain, but are not required to increase, their
464 expenditures for the items specified in paragraphs (1)(a)-(h)
465 and subsection (3). The requirements described in paragraph (a)
466 shall be reinstated beginning with the 2013-2014 2012-2013
467 fiscal year. This paragraph expires July 1, 2013 2012.
468 Section 21. In order to implement Specific Appropriations
469 2743 through 2753 of the 2012-2013 General Appropriations Act,
470 the Department of Management Services shall use interest
471 earnings of the Communications Working Capital Trust Fund as the
472 funding source for its responsibilities relating to the
473 administration of the MyFlorida.com portal.
474 Section 22. In order to implement Specific Appropriation
475 1662 of the 2012-2013 General Appropriations Act, paragraph (b)
476 of subsection (3) of section 375.041, Florida Statutes, is
477 amended to read:
478 375.041 Land Acquisition Trust Fund.—
479 (3)
480 (b) In addition to the uses allowed under paragraph (a),
481 for the 2012-2013 2011-2012 fiscal year, moneys in the Land
482 Acquisition Trust Fund are authorized for transfer to support
483 the Total Maximum Daily Loads Program as provided in the General
484 Appropriations Act. This paragraph expires July 1, 2013 2012.
485 Section 23. In order to implement Specific Appropriation
486 1644 of the 2012-2013 General Appropriations Act, subsection
487 (12) of section 373.59, Florida Statutes, is amended to read:
488 373.59 Water Management Lands Trust Fund.—
489 (12) Notwithstanding subsection (8), and for the 2012-2013
490 2011-2012 fiscal year only, the moneys from the Water Management
491 Lands Trust Fund are allocated as follows:
492 (a) An amount necessary to pay debt service on bonds issued
493 before February 1, 2009, by the South Florida Water Management
494 District and the St. Johns River Water Management District,
495 which are secured by revenues provided pursuant to this section,
496 or to fund debt service reserve funds, rebate obligations, or
497 other amounts payable with respect to such bonds;
498 (b) Eight million dollars to be transferred to the General
499 Revenue Fund; and
500 (c) The remaining appropriation funds to be distributed to
501 the Suwannee River Water Management District, of which $500,000
502 may be used for minimum flows and levels.
503
504 This subsection expires July 1, 2013 2012.
505 Section 24. In order to implement Specific Appropriations
506 1664 through 1666, 1668, and Section 42 of the 2012-2013 General
507 Appropriations Act, paragraph (g) of subsection (1) of section
508 403.1651, Florida Statutes, is reenacted to read:
509 403.1651 Ecosystem Management and Restoration Trust Fund.—
510 (1) There is created the Ecosystem Management and
511 Restoration Trust Fund to be administered by the Department of
512 Environmental Protection for the purposes of:
513 (g) Funding activities to preserve and repair the state’s
514 beaches as provided in ss. 161.091-161.212.
515 Section 25. The amendment to s. 403.1651(1)(g), Florida
516 Statutes, as carried forward by this act from chapter 2011-47,
517 Laws of Florida, shall expire July 1, 2013, and the text of that
518 subsection shall revert to that in existence on June 30, 2009,
519 except that any amendments to such text enacted other than by
520 this act shall be preserved and continue to operate to the
521 extent that such amendments are not dependent upon the portions
522 of text which expire pursuant to this section.
523 Section 26. In order to implement Specific Appropriation
524 1714 of the 2012-2013 General Appropriations Act, subsection (5)
525 of section 403.7095, Florida Statutes, is amended to read:
526 403.7095 Solid waste management grant program.—
527 (5) Notwithstanding any other provision of this section,
528 and for the 2012-2013 2011-2012 fiscal year only, the Department
529 of Environmental Protection shall award the sum of $2,400,000 in
530 grants equally to counties having populations of fewer than
531 100,000 for waste tire and litter prevention, recycling
532 education, and general solid waste programs. This subsection
533 expires July 1, 2013 2012.
534 Section 27. In order to implement Specific Appropriation
535 1496 of the 2012-2013 General Appropriations Act and to provide
536 consistency and continuity in the promotion of agriculture
537 throughout the state, notwithstanding s. 287.057, Florida
538 Statutes, the Department of Agriculture and Consumer Services
539 may extend, revise, and renew current contracts or agreements
540 created or entered into pursuant to chapter 2006-25, Laws of
541 Florida. This section expires July 1, 2013.
542 Section 28. In order to implement Specific Appropriations
543 1806, 1841, 1863, and 1903 of the 2012-2013 General
544 Appropriations Act, subsection (4) is added to section 379.209,
545 Florida Statutes, to read:
546 379.209 Nongame Wildlife Trust Fund.—
547 (4) The commission may transfer cash balance from the trust
548 fund to the Grants and Donations Trust Fund for the purpose of
549 supporting cash flow needs. This subsection expires July 1,
550 2013.
551 Section 29. In order to implement Specific Appropriations
552 1806, 1841, 1863, and 1903 of the 2012-2013 General
553 Appropriations Act, the Fish and Wildlife Conservation
554 Commission may transfer $500,000 in hunting and fishing license
555 revenue from the Grants and Donations Trust Fund to the State
556 Game Trust Fund, in order to repay the loan originally
557 authorized in Specific Appropriation 1950 of the 2008-2009
558 General Appropriations Act, chapter 2008-152, Laws of Florida.
559 Section 30. In order to implement Specific Appropriations
560 1641 and 1642 of the 2012-2013 General Appropriations Act,
561 subsection (11) is added to section 373.4145, Florida Statutes,
562 to read:
563 373.4145 Part IV permitting program within the geographical
564 jurisdiction of the Northwest Florida Water Management
565 District.—
566 (11) Notwithstanding subsection (10) and for the 2012-2013
567 fiscal year only, the Northwest Florida Water Management
568 District is directed to use up to $1,851,231 in unbudgeted
569 reserves to fund and staff the environmental resource permitting
570 program established under this section. The unbudgeted reserves
571 may be used only if prior legislative appropriations for the
572 environmental resource permitting program have been expended in
573 their entirety. This subsection expires July 1, 2013.
574 Section 31. In order to implement Specific Appropriation
575 2255 of the 2012-2013 General Appropriations Act, subsection
576 (11) of section 445.009, Florida Statutes, is amended to read:
577 445.009 One-stop delivery system.—
578 (11) A participant in an adult or youth work experience
579 activity administered under this chapter shall be deemed an
580 employee of the state for purposes of workers’ compensation
581 coverage. In determining the average weekly wage, all
582 remuneration received from the employer shall be considered a
583 gratuity, and the participant shall not be entitled to any
584 benefits otherwise payable under s. 440.15, regardless of
585 whether the participant may be receiving wages and remuneration
586 from other employment with another employer and regardless of
587 his or her future wage-earning capacity. This subsection expires
588 July 1, 2013 2012.
589 Section 32. In order to implement Specific Appropriation
590 2287 of the 2012-2013 General Appropriations Act, paragraph (d)
591 of subsection (3) of section 163.3247, Florida Statutes, is
592 reenacted to read:
593 163.3247 Century Commission for a Sustainable Florida.—
594 (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; CREATION;
595 ORGANIZATION.—The Century Commission for a Sustainable Florida
596 is created as a standing body to help the citizens of this state
597 envision and plan their collective future with an eye towards
598 both 25-year and 50-year horizons.
599 (d) Members of the commission shall serve without
600 compensation.
601 Section 33. The amendment to s. 163.3247(3)(d), Florida
602 Statutes, as carried forward by this act from chapter 2011-47,
603 Laws of Florida, shall expire July 1, 2013, and the text of that
604 subsection shall revert to that in existence on June 30, 2010,
605 except that any amendments to such text enacted other than by
606 this act shall be preserved and continue to operate to the
607 extent that such amendments are not dependent upon the portions
608 of text which expire pursuant to this section.
609 Section 34. In order to implement Specific Appropriation
610 2287 of the 2012-2013 General Appropriations Act, paragraph (c)
611 of subsection (1) of section 201.15, Florida Statutes, is
612 reenacted to read:
613 201.15 Distribution of taxes collected.—All taxes collected
614 under this chapter are subject to the service charge imposed in
615 s. 215.20(1). Prior to distribution under this section, the
616 Department of Revenue shall deduct amounts necessary to pay the
617 costs of the collection and enforcement of the tax levied by
618 this chapter. Such costs and the service charge may not be
619 levied against any portion of taxes pledged to debt service on
620 bonds to the extent that the costs and service charge are
621 required to pay any amounts relating to the bonds. After
622 distributions are made pursuant to subsection (1), all of the
623 costs of the collection and enforcement of the tax levied by
624 this chapter and the service charge shall be available and
625 transferred to the extent necessary to pay debt service and any
626 other amounts payable with respect to bonds authorized before
627 January 1, 2010, secured by revenues distributed pursuant to
628 subsection (1). All taxes remaining after deduction of costs and
629 the service charge shall be distributed as follows:
630 (1) Sixty-three and thirty-one hundredths percent of the
631 remaining taxes shall be used for the following purposes:
632 (c) After the required payments under paragraphs (a) and
633 (b), the remainder shall be paid into the State Treasury to the
634 credit of:
635 1. The State Transportation Trust Fund in the Department of
636 Transportation in the amount of the lesser of 38.2 percent of
637 the remainder or $541.75 million in each fiscal year. Out of
638 such funds, the first $50 million for the 2012-2013 fiscal year;
639 $65 million for the 2013-2014 fiscal year; and $75 million for
640 the 2014-2015 fiscal year and all subsequent years, shall be
641 transferred to the State Economic Enhancement and Development
642 Trust Fund within the Department of Economic Opportunity. The
643 remainder is to be used for the following specified purposes,
644 notwithstanding any other law to the contrary:
645 a. For the purposes of capital funding for the New Starts
646 Transit Program, authorized by Title 49, U.S.C. s. 5309 and
647 specified in s. 341.051, 10 percent of these funds;
648 b. For the purposes of the Small County Outreach Program
649 specified in s. 339.2818, 5 percent of these funds. Effective
650 July 1, 2014, the percentage allocated under this sub
651 subparagraph shall be increased to 10 percent;
652 c. For the purposes of the Strategic Intermodal System
653 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
654 of these funds after allocating for the New Starts Transit
655 Program described in sub-subparagraph a. and the Small County
656 Outreach Program described in sub-subparagraph b.; and
657 d. For the purposes of the Transportation Regional
658 Incentive Program specified in s. 339.2819, 25 percent of these
659 funds after allocating for the New Starts Transit Program
660 described in sub-subparagraph a. and the Small County Outreach
661 Program described in sub-subparagraph b. Effective July 1, 2014,
662 the first $60 million of the funds allocated pursuant to this
663 sub-subparagraph shall be allocated annually to the Florida Rail
664 Enterprise for the purposes established in s. 341.303(5).
665 2. The Grants and Donations Trust Fund in the Department of
666 Economic Opportunity in the amount of the lesser of .23 percent
667 of the remainder or $3.25 million in each fiscal year to fund
668 technical assistance to local governments and school boards on
669 the requirements and implementation of this act.
670 3. The Ecosystem Management and Restoration Trust Fund in
671 the amount of the lesser of 2.12 percent of the remainder or $30
672 million in each fiscal year, to be used for the preservation and
673 repair of the state’s beaches as provided in ss. 161.091
674 161.212.
675 4. General Inspection Trust Fund in the amount of the
676 lesser of .02 percent of the remainder or $300,000 in each
677 fiscal year to be used to fund oyster management and restoration
678 programs as provided in s. 379.362(3).
679
680 Moneys distributed pursuant to this paragraph may not be pledged
681 for debt service unless such pledge is approved by referendum of
682 the voters.
683 Section 35. The amendment to s. 201.15(1)(c)2., Florida
684 Statutes, as carried forward by this act from chapter 2011-47,
685 Laws of Florida, shall expire July 1, 2013, and the text of that
686 subsection shall revert to that in existence on June 30, 2010,
687 except that any amendments to such text enacted other than by
688 this act shall be preserved and continue to operate to the
689 extent that such amendments are not dependent upon the portions
690 of text which expire pursuant to this section.
691 Section 36. In order to implement Section 50 of the 2012
692 2013 General Appropriations Act, subsections (3) and (4) of
693 section 496 of chapter 2011-142, Laws of Florida, is amended to
694 read:
695 Section 496. Commission on Oil Spill Response
696 Coordination.—
697 (3) The board of trustees shall deliver the report to the
698 Governor, the President of the Senate, the Speaker of the House
699 of Representatives, the Secretary of Environmental Protection,
700 and the executive director of the Department of Economic
701 Opportunity by January 1, 2013 September 1, 2012.
702 (4) This section expires January 1, 2013 September 30,
703 2012.
704 Section 37. In order to implement Specific Appropriation
705 1919, 1925, 1956, 1957, and 1958 of the 2012-2013 General
706 Appropriations Act, subsection (4) is added to section 338.2275,
707 Florida Statutes, to read:
708 338.2275 Approved turnpike projects.—
709 (4) Notwithstanding subsection (1), the department may not
710 issue bonds to fund the department’s obligation to construct
711 Wekiva Parkway. The term “Wekiva Parkway” means a limited access
712 highway or expressway constructed between State Road 429 and
713 Interstate 4 which specifically incorporates the recommended
714 corridor alignment contained in Recommendation 2 of the Wekiva
715 River Basin Area Task Force final report dated January 15, 2003,
716 and the recommendations of the SR 429 Working Group which were
717 adopted January 16, 2004, and related transportation facilities.
718 This subsection expires July 1, 2013.
719 Section 38. In order to implement the appropriation of
720 funds in appropriation category “Special Categories-Risk
721 Management Insurance” in the 2012-2013 General Appropriations
722 Act, and pursuant to the notice, review, and objection
723 procedures of s. 216.177, Florida Statutes, the Executive Office
724 of the Governor may transfer funds appropriated in that category
725 between departments in order to align the budget authority
726 granted with the premiums paid by each department for risk
727 management insurance. This section expires July 1, 2013.
728 Section 39. In order to implement Specific Appropriations
729 1904, 1929, 1935, 1971, and 1990 of the 2012-2013 General
730 Appropriations Act, the Department of Transportation may
731 reallocate the FTE reductions included in the General
732 Appropriations Act in order to meet the needs of the department
733 in accordance with chapter 216, Florida Statutes.
734 Section 40. In order to implement the appropriation of
735 funds in the appropriation category “Special Categories-Transfer
736 to Department of Management Services-Human Resources Services
737 Purchased Per Statewide Contract” in the 2011-2012 General
738 Appropriations Act,” and pursuant to the notice, review, and
739 objection procedures of s. 216.177, Florida Statutes, the
740 Executive Office of the Governor may transfer funds appropriated
741 in that category between departments in order to align the
742 budget authority granted with the assessments that must be paid
743 by each agency to the Department of Management Services for
744 human resource management services. This section expires July 1,
745 2013.
746 Section 41. In order to implement specific appropriations
747 for salaries and benefits in the 2012-2013 General
748 Appropriations Act, paragraph (a) of subsection (12) of section
749 110.123, Florida Statutes, is amended to read:
750 110.123 State group insurance program.—
751 (12) HEALTH SAVINGS ACCOUNTS.—The department is authorized
752 to establish health savings accounts for full-time and part-time
753 state employees in association with a health insurance plan
754 option authorized by the Legislature and conforming to the
755 requirements and limitations of federal provisions relating to
756 the Medicare Prescription Drug, Improvement, and Modernization
757 Act of 2003.
758 (a)1. A member participating in this health insurance plan
759 option is eligible to receive an employer contribution into the
760 employee’s health savings account from the State Employees
761 Health Insurance Trust Fund in an amount to be determined by the
762 Legislature. A member is not eligible for an employer
763 contribution upon termination of employment. For the 2012-2013
764 2011-2012 fiscal year, the state’s monthly contribution for
765 employees having individual coverage shall be $41.66 and the
766 monthly contribution for employees having family coverage shall
767 be $83.33.
768 2. A member participating in this health insurance plan
769 option is eligible to deposit the member’s own funds into a
770 health savings account.
771 Section 42. In order to implement Section 8 of the 2012
772 2013 General Appropriations Act, paragraph (j) of subsection (3)
773 of section 110.123, Florida Statutes, is amended to read:
774 110.123 State group insurance program.—
775 (3) STATE GROUP INSURANCE PROGRAM.—
776 (j) Notwithstanding paragraph (f) requiring uniform
777 contributions, and for the 2012-2013 2011-2012 fiscal year only,
778 the state contribution toward the cost of any plan in the state
779 group insurance plan is the difference between the overall
780 premium and the employee contribution. This subsection expires
781 June 30, 2013 2012.
782 Section 43. In order to implement specific appropriations
783 for salaries and benefits in the 2012-2013 General
784 Appropriations Act, paragraph (b) of subsection (3) of section
785 112.24, Florida Statutes, is amended to read:
786 112.24 Intergovernmental interchange of public employees.
787 To encourage economical and effective utilization of public
788 employees in this state, the temporary assignment of employees
789 among agencies of government, both state and local, and
790 including school districts and public institutions of higher
791 education is authorized under terms and conditions set forth in
792 this section. State agencies, municipalities, and political
793 subdivisions are authorized to enter into employee interchange
794 agreements with other state agencies, the Federal Government,
795 another state, a municipality, or a political subdivision
796 including a school district, or with a public institution of
797 higher education. State agencies are also authorized to enter
798 into employee interchange agreements with private institutions
799 of higher education and other nonprofit organizations under the
800 terms and conditions provided in this section. In addition, the
801 Governor or the Governor and Cabinet may enter into employee
802 interchange agreements with a state agency, the Federal
803 Government, another state, a municipality, or a political
804 subdivision including a school district, or with a public
805 institution of higher learning to fill, subject to the
806 requirements of chapter 20, appointive offices which are within
807 the executive branch of government and which are filled by
808 appointment by the Governor or the Governor and Cabinet. Under
809 no circumstances shall employee interchange agreements be
810 utilized for the purpose of assigning individuals to participate
811 in political campaigns. Duties and responsibilities of
812 interchange employees shall be limited to the mission and goals
813 of the agencies of government.
814 (3) Salary, leave, travel and transportation, and
815 reimbursements for an employee of a sending party that is
816 participating in an interchange program shall be handled as
817 follows:
818 (b)1. The assignment of an employee of a state agency on
819 detail or on leave of absence may be made without reimbursement
820 by the receiving party for the travel and transportation
821 expenses to or from the place of the assignment or for the pay
822 and benefits, or a part thereof, of the employee during the
823 assignment.
824 2. For the 2012-2013 2011-2012 fiscal year only, the
825 assignment of an employee of a state agency as provided in
826 subparagraph 1. may be made if recommended by the Governor or
827 Chief Justice, as appropriate, and approved by the chairs of the
828 legislative appropriations committees. Such actions shall be
829 deemed approved if neither chair provides written notice of
830 objection within 14 days after the chair’s receiving notice of
831 the action pursuant to s. 216.177. This subparagraph expires
832 July 1, 2013 2012.
833 Section 44. In order to implement Specific Appropriations
834 2710 and 2711 of the 2012-2013 General Appropriations Act and
835 notwithstanding s. 11.13(1), Florida Statutes, the authorized
836 salaries for members of the Legislature for the 2012-2013 fiscal
837 year shall be set at the same level in effect on July 1, 2010.
838 This section expires July 1, 2013.
839 Section 45. In order to implement the transfer of funds to
840 the State School Trust Fund from trust funds in the 2012-2013
841 General Appropriations Act, paragraph (b) of subsection (2) of
842 section 215.32, Florida Statutes, is reenacted to read:
843 215.32 State funds; segregation.—
844 (2) The source and use of each of these funds shall be as
845 follows:
846 (b)1. The trust funds shall consist of moneys received by
847 the state which under law or under trust agreement are
848 segregated for a purpose authorized by law. The state agency or
849 branch of state government receiving or collecting such moneys
850 is responsible for their proper expenditure as provided by law.
851 Upon the request of the state agency or branch of state
852 government responsible for the administration of the trust fund,
853 the Chief Financial Officer may establish accounts within the
854 trust fund at a level considered necessary for proper
855 accountability. Once an account is established, the Chief
856 Financial Officer may authorize payment from that account only
857 upon determining that there is sufficient cash and releases at
858 the level of the account.
859 2. In addition to other trust funds created by law, to the
860 extent possible, each agency shall use the following trust funds
861 as described in this subparagraph for day-to-day operations:
862 a. Operations or operating trust fund, for use as a
863 depository for funds to be used for program operations funded by
864 program revenues, with the exception of administrative
865 activities when the operations or operating trust fund is a
866 proprietary fund.
867 b. Operations and maintenance trust fund, for use as a
868 depository for client services funded by third-party payors.
869 c. Administrative trust fund, for use as a depository for
870 funds to be used for management activities that are departmental
871 in nature and funded by indirect cost earnings and assessments
872 against trust funds. Proprietary funds are excluded from the
873 requirement of using an administrative trust fund.
874 d. Grants and donations trust fund, for use as a depository
875 for funds to be used for allowable grant or donor agreement
876 activities funded by restricted contractual revenue from private
877 and public nonfederal sources.
878 e. Agency working capital trust fund, for use as a
879 depository for funds to be used pursuant to s. 216.272.
880 f. Clearing funds trust fund, for use as a depository for
881 funds to account for collections pending distribution to lawful
882 recipients.
883 g. Federal grant trust fund, for use as a depository for
884 funds to be used for allowable grant activities funded by
885 restricted program revenues from federal sources.
886
887 To the extent possible, each agency must adjust its internal
888 accounting to use existing trust funds consistent with the
889 requirements of this subparagraph. If an agency does not have
890 trust funds listed in this subparagraph and cannot make such
891 adjustment, the agency must recommend the creation of the
892 necessary trust funds to the Legislature no later than the next
893 scheduled review of the agency’s trust funds pursuant to s.
894 215.3206.
895 3. All such moneys are hereby appropriated to be expended
896 in accordance with the law or trust agreement under which they
897 were received, subject always to the provisions of chapter 216
898 relating to the appropriation of funds and to the applicable
899 laws relating to the deposit or expenditure of moneys in the
900 State Treasury.
901 4.a. Notwithstanding any provision of law restricting the
902 use of trust funds to specific purposes, unappropriated cash
903 balances from selected trust funds may be authorized by the
904 Legislature for transfer to the State School Trust Fund, Budget
905 Stabilization Fund, and General Revenue Fund in the General
906 Appropriations Act.
907 b. This subparagraph does not apply to trust funds required
908 by federal programs or mandates; trust funds established for
909 bond covenants, indentures, or resolutions whose revenues are
910 legally pledged by the state or public body to meet debt service
911 or other financial requirements of any debt obligations of the
912 state or any public body; the Division of Licensing Trust Fund
913 in the Department of Agriculture and Consumer Services; the
914 State Transportation Trust Fund; the trust fund containing the
915 net annual proceeds from the Florida Education Lotteries; the
916 Florida Retirement System Trust Fund; trust funds under the
917 management of the State Board of Education or the Board of
918 Governors of the State University System, where such trust funds
919 are for auxiliary enterprises, self-insurance, and contracts,
920 grants, and donations, as those terms are defined by general
921 law; trust funds that serve as clearing funds or accounts for
922 the Chief Financial Officer or state agencies; trust funds that
923 account for assets held by the state in a trustee capacity as an
924 agent or fiduciary for individuals, private organizations, or
925 other governmental units; and other trust funds authorized by
926 the State Constitution.
927 Section 46. The amendment to s. 215.32(2)(b), Florida
928 Statutes, as carried forward by this act from chapter 2011-47,
929 Laws of Florida, shall expire July 1, 2013, and the text of that
930 subsection shall revert to that in existence on June 30, 2010,
931 except that any amendments to such text enacted other than by
932 this act shall be preserved and continue to operate to the
933 extent that such amendments are not dependent upon the portions
934 of text which expire pursuant to this section.
935 Section 47. In order to implement the transfer of moneys to
936 the General Revenue Fund from trust funds in the 2012-2013
937 General Appropriations Act, paragraph (b) of subsection (4) of
938 section 215.5601, Florida Statutes, is reenacted to read:
939 215.5601 Lawton Chiles Endowment Fund.—
940 (4) ADMINISTRATION.—
941 (b) The endowment shall be managed as an annuity. The
942 investment objective is the long-term preservation of the real
943 value of the net contributed principal and a specified regular
944 annual cash outflow for appropriation, as nonrecurring revenue.
945 From the annual cash outflow, a pro rata share shall be used
946 solely for biomedical research activities as provided in
947 paragraph (3)(d), until such time as cures are found for
948 tobacco-related cancer and heart and lung disease. Five percent
949 of the annual cash outflow dedicated to the biomedical research
950 portion of the endowment shall be reinvested and applied to that
951 portion of the endowment’s principal, with the remainder to be
952 spent on biomedical research activities consistent with this
953 section. The schedule of annual cash outflow must be included
954 within the investment plan adopted under paragraph (a).
955 Withdrawals other than specified regular cash outflow are
956 considered reductions in contributed principal for the purposes
957 of this subsection.
958 Section 48. The amendment to s. 215.5601(4)(b), Florida
959 Statutes, as carried forward by this act from chapter 2011-47,
960 Laws of Florida, shall expire July 1, 2013, and the text of that
961 subsection shall revert to that in existence on June 30, 2010,
962 except that any amendments to such text enacted other than by
963 this act shall be preserved and continue to operate to the
964 extent that such amendments are not dependent upon the portions
965 of text which expire pursuant to this section.
966 Section 49. In order to implement the issuance of new debt
967 authorized in the 2012-2013 General Appropriations Act, and
968 pursuant to s. 215.98, Florida Statutes, the Legislature
969 determines that the authorization and issuance of debt for the
970 2012-2013 fiscal year should be implemented, is in the best
971 interest of the state, and necessary to address a critical state
972 emergency. This section expires July 1, 2013.
973 Section 50. In order to implement the funds appropriated in
974 the 2012-2013 General Appropriations Act for state employee
975 travel, the funds appropriated to each state agency, which may
976 be used for travel by state employees, are limited during the
977 2012-2013 fiscal year to travel for activities that are critical
978 to each state agency’s mission. Funds may not be used to pay for
979 travel by state employees to foreign countries, other states,
980 conferences, staff-training activities, or other administrative
981 functions unless the agency head has approved in writing that
982 such activities are critical to the agency’s mission. The agency
983 head must consider the use of teleconferencing and other forms
984 of electronic communication to meet the needs of the proposed
985 activity before approving mission-critical travel. This section
986 does not apply to travel for law enforcement purposes, military
987 purposes, emergency management activities, or public health
988 activities. This section expires July 1, 2013.
989 Section 51. In order to implement the appropriations
990 authorized in the 2012-2013 General Appropriations Act for each
991 of the state’s designated primary data centers, which are funded
992 from the data processing appropriation category and other
993 categories used to pay for computing services of user agencies,
994 and pursuant to the notice, review, and objection procedures of
995 s. 216.177, Florida Statutes, the Executive Office of the
996 Governor may transfer funds appropriated in any appropriation
997 category used to pay for data processing in the 2012-2013
998 General Appropriations Act between agencies in order to align
999 the budget authority granted with the utilization rate of each
1000 department. This section expires July 1, 2013.
1001 Section 52. State agencies that are required to begin
1002 planning for a data center consolidation scheduled for a
1003 subsequent fiscal year may accelerate the consolidation into the
1004 2012-2013 fiscal year, contingent upon approval by the
1005 Legislative Budget Commission of budget adjustments necessary to
1006 accomplish the consolidation. The primary data center may
1007 establish positions contingent on an equal or greater number of
1008 positions being placed in reserve from the agency data centers
1009 being consolidated. This section expires July 1, 2013.
1010 Section 53. In order to implement appropriations in the
1011 2012-2013 General Appropriations Act for the state’s designated
1012 consolidated e-mail system within the Southwood Shared Resource
1013 Center, which are funded from the data processing appropriation
1014 category and other categories used to pay e-mail services of
1015 user agencies, and pursuant to the notice, review, and objection
1016 procedures of s. 216.177, Florida Statutes, the Executive Office
1017 of the Governor may transfer funds appropriated in any
1018 appropriation category used to pay for e-mail in the 2012-2013
1019 General Appropriations Act between agencies in order to align
1020 the budget authority granted with the projected e-mail bills for
1021 each agency. This section expires July 1, 2013.
1022 Section 54. In order to implement Section 8 of the General
1023 Appropriations Act for the 2012-2013 fiscal year, paragraph (a)
1024 of subsection (7) of section 110.12315, Florida Statutes, is
1025 reenacted to read:
1026 110.12315 Prescription drug program.—The state employees’
1027 prescription drug program is established. This program shall be
1028 administered by the Department of Management Services, according
1029 to the terms and conditions of the plan as established by the
1030 relevant provisions of the annual General Appropriations Act and
1031 implementing legislation, subject to the following conditions:
1032 (7) Under the state employees’ prescription drug program
1033 copayments must be made as follows:
1034 (a) Effective January 1, 2011, for the State Group Health
1035 Insurance Standard Plan:
1036 1. For generic drug with card.........................$7.
1037 2. For preferred brand name drug with card...........$30.
1038 3. For nonpreferred brand name drug with card........$50.
1039 4. For generic mail order drug.......................$14.
1040 5. For preferred brand name mail order drug..........$60.
1041 6. For nonpreferred brand name mail order drug......$100.
1042 Section 55. The amendment to s. 110.12315(7)(a), Florida
1043 Statutes, as carried forward by this act from chapter 2011-47,
1044 Laws of Florida, shall expire on July 1, 2013, and the text of
1045 that paragraph shall revert to that in existence on December 31,
1046 2010, except that any amendments to such text enacted other than
1047 by this act shall be preserved and continue to operate to the
1048 extent that such amendments are not dependent upon the portions
1049 of text which expire pursuant to this section.
1050 Section 56. In order to implement Specific Appropriation
1051 209 of the 2012-2013 General Appropriations Act and
1052 notwithstanding chapter 287, Florida Statutes, the Agency for
1053 Health Care Administration shall competitively reprocure a
1054 Florida Discount Drug Card Program to provide market competitive
1055 discounts through a broad network of retail pharmacies and a
1056 mail order pharmacy within the state and return money to the
1057 state on a per prescription dispensed basis. Discounts must be
1058 available to Florida residents without income restrictions.
1059 Residents must be able to enroll and acquire a member
1060 identification card from the participating pharmacies, online
1061 and through text messaging, without a charge. Revenues derived
1062 from this contract shall be deposited into the agency’s Grants
1063 and Donations Trust Fund to reduce the cost of Medicaid pharmacy
1064 purchases. This section expires July 1, 2013.
1065 Section 57. In order to implement specific appropriations
1066 for Expense and Other Capital Outlay in the 2012-2013 General
1067 Appropriations Act, subsection (8) of section 946.515, Florida
1068 Statutes, is amended to read:
1069 946.515 Use of goods and services produced in correctional
1070 work programs.—
1071 (8) On June 30, 2013 2012, each state agency must submit a
1072 report to the President of the Senate and the Speaker of the
1073 House of Representatives which lists products or services
1074 obtained from a source other than the corporation when a
1075 comparable product or service could have been obtained from the
1076 corporation. The report must include an explanation of why the
1077 product or service was not obtained from the corporation. This
1078 subsection expires July 1, 2013 2012.
1079 Section 58. In order to implement Specific Appropriations
1080 26A, 42A, 566A, 593A, 1190A, 1200A, 1209A, 1221A, 1255A, 1797A,
1081 1813A, 1832B, 1846B, 1882A, 1896A, 1907A, 1939A, 1974A, 1993A,
1082 2273A, 2320A, 2417A, 2477A, 2507A, 2516A, and 3153A of the 2012
1083 2013 General Appropriations Act, the Department of Economic
1084 Opportunity, the Department of Education, the Department of
1085 Financial Services, the Department of Health, the Department of
1086 Juvenile Justice, the Department of State, the Department of
1087 Transportation, and the Fish and Wildlife Conservation
1088 Commission, respectively, which are occupying space located at
1089 the Koger Executive Center Tallahassee pursuant to State of
1090 Florida Lease No. 720:0138, or any other lease, on June 30,
1091 2012, and the Department of Management Services shall not amend
1092 State of Florida Lease No. 720:0138 or other existing lease of
1093 or for any space located at Koger Executive Center Tallahassee,
1094 shall not defer any rent due under any such lease and shall not
1095 occupy any additional space at Koger Executive Center
1096 Tallahassee which was not occupied on June 30, 2012,
1097 notwithstanding any lease or contract to the contrary. Except
1098 for the funds specifically appropriated in Specific
1099 Appropriations 26A, 42A, 566A, 593A, 1190A, 1200A, 1209A, 1221A,
1100 1255A, 1797A, 1813A, 1832B, 1846B, 1882A, 1896A, 1907A, 1939A,
1101 1974A, 1993A, 2273A, 2320A, 2417A, 2477A, 2507A, 2516A, and
1102 3153A, the Department of Economic Opportunity, the Department of
1103 Education, the Department of Financial Services, the Department
1104 of Health, the Department of Juvenile Justice, the Department of
1105 State, the Department of Transportation, and the Fish and
1106 Wildlife Conservation Commission, respectively, which are
1107 occupying space located at the Koger Executive Center
1108 Tallahassee pursuant to State of Florida Lease No. 720:0138, or
1109 any other lease, on June 30, 2012, and the Department of
1110 Management Services are prohibited from expending any other
1111 funds from the General Revenue Fund, any trust fund or from any
1112 other source for the rent, lease or possession of any space for
1113 offices or other purpose or use at Koger Executive Center
1114 Tallahassee pursuant to State of Florida Lease No. 720:0138, or
1115 any other lease. Any department or agency of the State of
1116 Florida occupying space at Koger Executive Center Tallahassee
1117 pursuant to State of Florida Lease No. 720:0138, or any other
1118 lease, on June 30, 2012, shall vacate all such space not later
1119 than December 31, 2012, and shall surrender possession of all
1120 such space to the owner thereof not later than December 31,
1121 2012, notwithstanding any lease or contract to the contrary.
1122 Section 59. Any section of this act which implements a
1123 specific appropriation or specifically identified proviso
1124 language in the 2012-2013 General Appropriations Act is void if
1125 the specific appropriation or specifically identified proviso
1126 language is vetoed. Any section of this act which implements
1127 more than one specific appropriation or more than one portion of
1128 specifically identified proviso language in the 2012-2013
1129 General Appropriations Act is void if all the specific
1130 appropriations or portions of specifically identified proviso
1131 language are vetoed.
1132 Section 60. If any other act passed during the 2012 Regular
1133 Session contains a provision that is substantively the same as a
1134 provision in this act, but that removes or is otherwise not
1135 subject to the future repeal applied to such provision by this
1136 act, the Legislature intends that the provision in the other act
1137 takes precedence and continues to operate, notwithstanding the
1138 future repeal provided by this act.
1139 Section 61. If any provision of this act or its application
1140 to any person or circumstance is held invalid, the invalidity
1141 does not affect other provisions or applications of the act
1142 which can be given effect without the invalid provision or
1143 application, and to this end the provisions of this act are
1144 severable.
1145 Section 62. Except as otherwise expressly provided in this
1146 act and except for this section, which shall take effect upon
1147 this act becoming a law, this act shall take effect July 1,
1148 2012; or, if this act fails to become a law until after that
1149 date, it shall take effect upon becoming a law and shall operate
1150 retroactively to July 1, 2012.