ENROLLED
2013 Legislature SB 1502, 1st Engrossed
20131502er
1
2 An act relating to implementing the General
3 Appropriations Act; providing legislative intent;
4 incorporating by reference certain calculations of the
5 Florida Education Finance Program for the 2013-2014
6 fiscal year; providing that funds for instructional
7 materials shall be released and expended as required
8 in specified proviso language, notwithstanding other
9 provisions of law; incorporating by reference the
10 calculations for district bandwidth support; amending
11 s. 1002.32, F.S.; providing for the distribution of
12 capital improvement funding for lab schools;
13 incorporating by reference certain calculations of the
14 Medicaid Low-Income Pool, Disproportionate Share
15 Hospital, and Hospital Exemptions Programs for the
16 2013-2014 fiscal year; prohibiting the Department of
17 Children and Families from requiring managing entities
18 to conduct provider network procurement during the
19 next fiscal year; providing requirements governing the
20 continuation of Phase 3 of the Department of Health’s
21 Florida Onsite Sewage Nitrogen Reduction Strategies
22 Study; specifying certain prohibitions before
23 completion of the study; prioritizing which categories
24 of individuals on the Agency for Persons with
25 Disabilities wait list will be offered a slot on the
26 Medicaid home and community-based waiver programs;
27 providing that individuals remaining on the wait list
28 are not entitled to an administrative proceeding;
29 amending s. 216.262, F.S.; authorizing the Department
30 of Corrections to submit a budget amendment for
31 additional positions to operate additional prison bed
32 capacity under certain circumstances; authorizing the
33 Department of Legal Affairs to spend certain
34 appropriated funds on programs that were funded by the
35 department from specific appropriations in general
36 appropriations acts in previous years; amending s.
37 932.7055, F.S.; authorizing a municipality to expend
38 funds from its special law enforcement trust fund to
39 reimburse the municipality’s general fund; requiring
40 the Department of Juvenile Justice to comply with
41 specified reimbursement limitations with respect to
42 payments to hospitals or health care providers for
43 health care services; authorizing certain payments
44 pursuant to a contracted rate only until the contract
45 expires or is renewed; defining the term “hospital”
46 for purposes of such limitations; amending s. 29.008,
47 F.S., relating to county funding of court-related
48 functions; providing counties with an exemption from
49 the requirement to annually increase certain
50 expenditures by a specified percentage; directing the
51 Department of Management Services to use a tenant
52 broker to renegotiate or reprocure leases for office
53 or storage space and provide a report to the
54 Legislature; authorizing funds available in the Audit
55 and Warrant Clearing Trust Fund to be available for
56 certain interest payments to the Federal Government;
57 amending s. 624.502, F.S.; requiring that fees for
58 service of process upon the Chief Financial Officer or
59 Office of Insurance Regulation be deposited into the
60 Administrative Trust Fund rather than the Insurance
61 Regulatory Trust Fund; amending s. 161.143, F.S.;
62 providing an allocation in the General Appropriations
63 Act for inlet management funding; amending s. 253.01,
64 F.S.; authorizing the transfer of funds from the
65 Internal Improvement Trust Fund to the Save Our
66 Everglades Trust Fund for Everglades restoration;
67 amending s. 375.041, F.S.; providing for the transfer
68 of moneys from the Land Acquisition Trust Fund to
69 support the Total Maximum Daily Loads Program;
70 providing for the transfer of moneys in the Land
71 Acquisition Trust Fund to the Save Our Everglades
72 Trust Fund for Everglades restoration; providing for
73 the extension of certain joint coastal permits for
74 certain projects until the completion of such
75 projects; amending s. 373.472, F.S.; providing that
76 funds in the Save Our Everglades Trust Fund also be
77 used to implement the Everglades Protection Area
78 Tributary Basins Conceptual Plan for Achieving Long
79 Term Water Quality Goals Final Report; amending s.
80 373.59, F.S.; authorizing the transfer of moneys from
81 the Water Management Lands Trust Fund to the Save Our
82 Everglades Trust Fund for Everglades restoration;
83 revising the allocation of moneys from the Water
84 Management Lands Trust Fund; amending s. 403.709,
85 F.S.; authorizing the transfer of funds from the Solid
86 Waste Management Trust Fund to the Save Our Everglades
87 Trust Fund for Everglades restoration amending s.
88 403.7095, F.S.; requiring the Department of
89 Environmental Protection to award a specified amount
90 in grants to certain counties for solid waste
91 programs; amending s. 259.105, F.S.; providing that
92 certain funds in the Florida Forever Trust Fund be
93 distributed to the Division of State Lands for certain
94 Board of Trustees Florida Forever Priority List land
95 acquisition projects and certain land acquisitions
96 including conservation lands needed for military
97 buffering or springs or water resources protection;
98 amending s. 376.30711, F.S.; providing that all task
99 assignments, work orders, and contracts for providers
100 under the Petroleum Restoration Program meet certain
101 requirements; authorizing the Department of
102 Agriculture and Consumer Services to extend, revise,
103 and renew current contracts or agreements created or
104 entered into for the purpose of promotion of
105 agriculture; amending s. 339.135, F.S.; authorizing
106 the Department of Transportation to use appropriated
107 funds for land acquisition, design, and construction
108 of multiuse trails and related facilities; amending s.
109 335.065, F.S.; authorizing the Department of
110 Transportation to use certain funds for the
111 acquisition and development of a system of
112 interconnected multiuse trails; amending s. 339.08,
113 F.S.; authorizing the Department of Transportation to
114 expend funds to pay certain administrative costs of
115 the multicounty transportation authority established
116 under ch. 343, F.S.; directing the Department of
117 Highway Safety and Motor Vehicles to contract with the
118 corporation organized under pt. II of ch. 946, F.S.,
119 to manufacture license tags; prohibiting a state
120 agency from initiating a competitive solicitation for
121 a product or service under certain circumstances;
122 authorizing the Executive Office of the Governor to
123 transfer funds between departments for purposes of
124 aligning amounts paid for risk management premiums and
125 for purposes of aligning amounts paid for human
126 resource management services; amending s. 110.123,
127 F.S., relating to the state group insurance program;
128 providing the amounts of the state’s monthly
129 contribution; amending s. 112.24, F.S.; providing
130 conditions on the assignment of an employee of a state
131 agency; providing that the annual salary of the
132 members of the Legislature be maintained at a
133 specified level; reenacting s. 215.32(2)(b), F.S.,
134 relating to the source and use of certain trust funds;
135 reenacting s. 215.5601(4)(b), F.S., relating to the
136 administration of the Lawton Chiles Endowment Fund;
137 providing a legislative determination that the
138 issuance of new debt is in the best interests of the
139 state and necessary to address a critical state
140 emergency; limiting the use of travel funds to
141 activities that are critical to an agency’s mission;
142 providing exceptions; amending s. 282.201, F.S.;
143 revising the schedule for consolidating certain agency
144 data centers; authorizing certain agencies to request
145 the transfer of resources between Data Processing
146 Services appropriation categories and appropriation
147 categories for operation based upon changes to the
148 data center services consolidation schedule;
149 authorizing the Executive Office of the Governor to
150 transfer funds for use by the state’s designated
151 primary data centers; prohibiting an agency from
152 transferring funds from a data processing category to
153 another category; authorizing the Executive Office of
154 the Governor to transfer funds between agencies in
155 order to allocate a reduction relating to SUNCOM;
156 reenacting and amending s. 110.12315(2)(b) and (7)(a),
157 F.S., relating to the state employee prescription drug
158 program; updating provisions specifying copayment
159 amounts; providing for the effect of a veto of one or
160 more specific appropriations or proviso to which
161 implementing language refers; providing for the
162 continued operation of certain provisions
163 notwithstanding a future repeal or expiration provided
164 by this act; providing for severability; providing
165 effective dates.
166
167 Be It Enacted by the Legislature of the State of Florida:
168
169 Section 1. It is the intent of the Legislature that the
170 implementing and administering provisions of this act apply to
171 the General Appropriations Act for the 2013-2014 fiscal year.
172 Section 2. In order to implement Specific Appropriations 7,
173 8, 9, 87, and 88 of the 2013-2014 General Appropriations Act,
174 the calculations of the Florida Education Finance Program for
175 the 2013-2014 fiscal year in the document entitled “Public
176 School Funding-The Florida Education Finance Program,” dated
177 April 29, 2013, and filed with the Secretary of the Senate, are
178 incorporated by reference for the purpose of displaying the
179 calculations used by the Legislature, consistent with the
180 requirements of state law, in making appropriations for the
181 Florida Education Finance Program. This section expires July 1,
182 2014.
183 Section 3. In order to implement Specific Appropriations 7
184 and 87 of the 2013-2014 General Appropriations Act and
185 notwithstanding the provisions of ss. 1006.28 through 1006.42,
186 1002.20, 1003.02, 1011.62(6)(b)5., and 1011.67, Florida
187 Statutes, relating to the expenditure of funds provided for
188 instructional materials, for the 2013-2014 fiscal year, funds
189 provided for instructional materials shall be released and
190 expended as required in the proviso language attached to
191 Specific Appropriation 87. This section expires July 1, 2014.
192 Section 4. In order to implement Specific Appropriation
193 102A of the 2013-2014 General Appropriations Act, the
194 calculations for district bandwidth support for the 2013-2014
195 fiscal year in the document entitled “Public School Funding
196 District Bandwidth Support,” dated April 29, 2013, and filed
197 with the Secretary of the Senate, are incorporated by reference
198 for the purpose of displaying the calculations used by the
199 Legislature in appropriating funds for district bandwidth
200 support. This section expires July 1, 2014.
201 Section 5. In order to implement Specific Appropriation 19
202 of the 2013-2014 General Appropriations Act, paragraph (e) of
203 subsection (9) of section 1002.32, Florida Statutes, is amended
204 to read:
205 1002.32 Developmental research (laboratory) schools.—
206 (9) FUNDING.—Funding for a lab school, including a charter
207 lab school, shall be provided as follows:
208 (e)1. Each lab school shall receive funds for capital
209 improvement purposes in an amount determined as follows:
210 multiply the maximum allowable nonvoted discretionary millage
211 for capital improvements pursuant to s. 1011.71(2) by the value
212 of 96 percent of the current year’s taxable value for school
213 purposes for the district in which each lab school is located;
214 divide the result by the total full-time equivalent membership
215 of the district; and multiply the result by the full-time
216 equivalent membership of the lab school. The amount thus
217 obtained shall be discretionary capital improvement funds and
218 shall be appropriated from state funds in the General
219 Appropriations Act to the Lab School Educational Facility Trust
220 Fund.
221 2. Notwithstanding the provisions of subparagraph 1., for
222 the 2013-2014 fiscal year, funds appropriated for capital
223 improvement purposes shall be divided between lab schools based
224 on full-time equivalent student membership. This subparagraph
225 expires July 1, 2014.
226 Section 6. In order to implement Specific Appropriations
227 202, 208 through 210, and 213 of the 2013-2014 General
228 Appropriations Act, the calculations for the Medicaid Low-Income
229 Pool, Disproportionate Share Hospital, and Hospital Exemptions
230 Programs, and the parameters and calculations for the diagnosis
231 related group (DRG) methodology for hospital reimbursement, for
232 the 2013-2014 fiscal year contained in the document entitled
233 “Medicaid Hospital Funding Programs,” dated April 29, 2013, and
234 filed with the Secretary of the Senate, are incorporated by
235 reference for the purpose of displaying the calculations used by
236 the Legislature, consistent with the requirements of state law,
237 in making appropriations for the Medicaid Low-Income Pool,
238 Disproportionate Share Hospital, and Hospital Exemptions
239 Programs, and the parameters and calculations for the diagnosis
240 related group methodology for hospital reimbursement. This
241 section expires July 1, 2014.
242 Section 7. In order to implement Specific Appropriations
243 353 through 369A and 374 through 377 of the 2013-2014 General
244 Appropriations Act and, notwithstanding any other law, in order
245 to provide consistency and continuity in the provision of mental
246 health and substance abuse treatment services to individuals
247 throughout the state, the Department of Children and Families
248 may not require managing entities contracting with the
249 department under s. 394.9082, Florida Statutes, to conduct
250 provider network procurements during the 2013-2014 fiscal year.
251 The department shall amend its contracts with each managing
252 entity, if necessary, to remove contractual provisions that have
253 the effect of requiring a managing entity to conduct a provider
254 network procurement during the 2013-2014 fiscal year. This
255 section expires July 1, 2014.
256 Section 8. (1) In order to implement Specific Appropriation
257 493 of the 2013-2014 General Appropriations Act, the following
258 requirements govern the continuation of Phase 3 of the
259 Department of Health’s Florida Onsite Sewage Nitrogen Reduction
260 Strategies Study:
261 (a) The Department of Health’s underlying contract for the
262 study remains in full force and effect and funding for
263 continuation of Phase 3 is provided through the department.
264 (b) The Department of Health’s Research Review and Advisory
265 Committee and the Department of Environmental Protection shall
266 work together to provide the necessary technical oversight of
267 the continuation of Phase 3.
268 (c) Management and oversight of the continuation of Phase 3
269 must be consistent with the terms of the existing contract.
270 However, the main focus and priority to be completed during
271 Phase 3 is testing and recommending cost-effective passive
272 technology design criteria for nitrogen reduction.
273 Notwithstanding any other law, before Phase 3 is completed, a
274 state agency may not adopt or implement a rule or policy that:
275 1. Mandates, establishes, or implements more restrictive
276 nitrogen reduction standards to existing or new onsite sewage
277 treatment systems or modification of such systems; or
278 2. Directly or indirectly, such as through an
279 administrative order developed by the Department of
280 Environmental Protection as part of a basin management action
281 plan adopted pursuant to s. 403.067, Florida Statutes, requires
282 the use of performance-based treatment systems or similar
283 technology. However, more restrictive nitrogen reduction
284 standards for onsite systems may be required through a basin
285 management action plan if such plan is phased in after
286 completion of Phase 3.
287 (2) This section expires July 1, 2014.
288 Section 9. (1) In order to implement Specific Appropriation
289 267 of the 2013-2014 General Appropriations Act, and
290 notwithstanding s. 393.065(5), Florida Statutes, individuals
291 from the Medicaid home and community-based waiver programs wait
292 list shall be offered a slot on the waiver as follows:
293 (a) Individuals in category 1, which includes clients
294 deemed to be in crisis as described in rule, shall be given top
295 priority in moving from the wait list to the waiver.
296 (b) Individuals in category 2, at the time of finalization
297 of an adoption with placement in the family home, reunification
298 with family members with placement in a family home, or
299 permanent placement with a relative in a family home, shall be
300 moved to the waiver.
301 (c) In selecting individuals in category 3 or category 4,
302 the Agency for Persons with Disabilities shall use the Agency
303 for Persons with Disabilities Wait List Prioritization Tool,
304 dated March 15, 2013. Those individuals whose needs score
305 highest on the Wait List Prioritization Tool shall be moved to
306 the waiver during the 2013-2014 fiscal year, to the extent funds
307 are available.
308 (2) Upon the placement of individuals on the waiver
309 pursuant to subsection (1), individuals remaining on the wait
310 list are deemed not to have been substantially affected by
311 agency action and are, therefore, not entitled to a hearing
312 under s. 393.125, Florida Statutes, or administrative proceeding
313 under chapter 120, Florida Statutes. This section expires July
314 1, 2014.
315 Section 10. In order to implement Specific Appropriations
316 602 through 678 and 701 through 736 of the 2013-2014 General
317 Appropriations Act, subsection (4) of section 216.262, Florida
318 Statutes, is amended to read:
319 216.262 Authorized positions.—
320 (4) Notwithstanding the provisions of this chapter relating
321 to increasing the number of authorized positions, and for the
322 2013-2014 2012-2013 fiscal year only, if the actual inmate
323 population of the Department of Corrections exceeds the inmate
324 population projections of the February 19, 2013 December 14,
325 2011, Criminal Justice Estimating Conference by 1 percent for 2
326 consecutive months or 2 percent for any month, the Executive
327 Office of the Governor, with the approval of the Legislative
328 Budget Commission, shall immediately notify the Criminal Justice
329 Estimating Conference, which shall convene as soon as possible
330 to revise the estimates. The Department of Corrections may then
331 submit a budget amendment requesting the establishment of
332 positions in excess of the number authorized by the Legislature
333 and additional appropriations from unallocated general revenue
334 sufficient to provide for essential staff, fixed capital
335 improvements, and other resources to provide classification,
336 security, food services, health services, and other variable
337 expenses within the institutions to accommodate the estimated
338 increase in the inmate population. All actions taken pursuant to
339 this subsection are subject to review and approval by the
340 Legislative Budget Commission. This subsection expires July 1,
341 2014 2013.
342 Section 11. In order to implement Specific Appropriations
343 1273 and 1274 of the 2013-2014 General Appropriations Act, the
344 Department of Legal Affairs may expend appropriated funds in
345 those specific appropriations on the same programs that were
346 funded by the department pursuant to specific appropriations
347 made in general appropriations acts in previous years. This
348 section expires July 1, 2014.
349 Section 12. In order to implement Specific Appropriations
350 1211 and 1216 of the 2013-2014 General Appropriations Act,
351 paragraph (d) of subsection (4) of section 932.7055, Florida
352 Statutes, is amended to read:
353 932.7055 Disposition of liens and forfeited property.—
354 (4) The proceeds from the sale of forfeited property shall
355 be disbursed in the following priority:
356 (d) Notwithstanding any other provision of this subsection,
357 and for the 2013-2014 2012-2013 fiscal year only, the funds in a
358 special law enforcement trust fund established by the governing
359 body of a municipality may be expended to reimburse the general
360 fund of the municipality for moneys advanced from the general
361 fund to the special law enforcement trust fund before October 1,
362 2001. This paragraph expires July 1, 2014 2013.
363 Section 13. (1) In order to implement Specific
364 Appropriations 1075, 1076, 1081, 1082, 1129, 1130, 1134, 1135,
365 1137, 1141, 1142, 1145, 1146, 1147, 1158, and 1163 of the 2013
366 2014 General Appropriations Act, the Department of Juvenile
367 Justice must comply with the following reimbursement
368 limitations:
369 (a) Payments to a hospital or a health care provider may
370 not exceed 110 percent of the Medicare allowable rate for any
371 health care services provided if there is no contract between
372 the department and the hospital or the health care provider
373 providing services at a hospital;
374 (b) The department may continue to make payments for health
375 care services at the currently contracted rates through the
376 current term of the contract if a contract has been executed
377 between the department and a hospital or a health care provider
378 providing services at a hospital; however, payments may not
379 exceed 110 percent of the Medicare allowable rate after the
380 current term of the contract expires or after the contract is
381 renewed during the 2013-2014 fiscal year;
382 (c) Payments may not exceed 110 percent of the Medicare
383 allowable rate under a contract executed on or after July 1,
384 2013, between the department and a hospital or a health care
385 provider providing services at a hospital;
386 (d) Notwithstanding paragraphs (a)-(c), the department may
387 pay up to 125 percent of the Medicare allowable rate for health
388 care services at a hospital that reports or has reported a
389 negative operating margin for the previous fiscal year to the
390 Agency for Health Care Administration through hospital-audited
391 financial data; and
392 (e) The department may not execute a contract for health
393 care services at a hospital for rates other than rates based on
394 a percentage of the Medicare allowable rate.
395 (2) As used in this section, the term “hospital” means a
396 hospital licensed under chapter 395, Florida Statutes.
397 (3) This section expires July 1, 2014.
398 Section 14. In order to implement section 7 of the 2013
399 2014 General Appropriations Act, paragraph (c) of subsection (4)
400 of section 29.008, Florida Statutes, is amended to read:
401 29.008 County funding of court-related functions.—
402 (4)
403 (c) Counties are exempt from all requirements and
404 provisions of paragraph (a) for the 2013-2014 2012-2013 fiscal
405 year. Accordingly, for the 2013-2014 2012-2013 fiscal year,
406 counties shall maintain, but are not required to increase, their
407 expenditures for the items specified in paragraphs (1)(a)-(h)
408 and subsection (3). The requirements described in paragraph (a)
409 shall be reinstated beginning with the 2014-2015 2013-2014
410 fiscal year. This paragraph expires July 1, 2014 2013.
411 Section 15. In order to implement appropriations used for
412 the payments of existing lease contracts for private lease space
413 in excess of 2,000 square feet in the 2013-2014 General
414 Appropriations Act, the Department of Management Services, with
415 the cooperation of the agencies having the existing lease
416 contracts for office or storage space, shall use tenant broker
417 services to renegotiate or reprocure all private lease
418 agreements for office or storage space expiring between July 1,
419 2014, and June 30, 2016, in order to reduce costs in future
420 years. The department shall incorporate this initiative into its
421 2013 Master Leasing Report and may use tenant broker services to
422 explore the possibilities of colocating office or storage space,
423 to review the space needs of each agency, and to review the
424 length and terms of potential renewals or renegotiations. The
425 department shall provide a report to the Executive Office of the
426 Governor, the President of the Senate, and the Speaker of the
427 House of Representatives by November 1, 2013, which lists each
428 lease contract for private office or storage space, the status
429 of renegotiations, and the savings achieved. This section
430 expires July 1, 2014.
431 Section 16. In order to implement Specific Appropriations
432 3073A through 3073L of the 2013-2014 General Appropriations Act,
433 and notwithstanding s. 215.199(2), Florida Statutes, funds
434 available in the Audit and Warrant Clearing Trust Fund for
435 subsequent distribution to the General Revenue Fund shall be
436 available to the tax collection service provider, as defined in
437 s. 443.036, Florida Statutes, who shall make the interest
438 payment required under s. 443.131(5), Florida Statutes, to the
439 Federal Government in the amount directed by the Governor or the
440 Governor’s designee. This section expires July 1, 2014.
441 Section 17. In order to implement Specific Appropriations
442 2245 through 2254 of the 2013-2014 General Appropriations Act,
443 section 624.502, Florida Statutes, is amended to read:
444 624.502 Service of process fee.—In all instances as
445 provided in any section of the insurance code and s. 48.151(3)
446 in which service of process is authorized to be made upon the
447 Chief Financial Officer or the director of the office, the
448 plaintiff shall pay to the department or office a fee of $15 for
449 such service of process, which fee shall be deposited into the
450 Administrative Trust Fund Insurance Regulatory Trust Fund.
451 Section 18. The amendment made by this act to s. 624.502,
452 Florida Statutes, expires July 1, 2014, and the text of that
453 section shall revert to that in existence on June 30, 2013,
454 except that any amendments to such text enacted other than by
455 this act shall be preserved and continue to operate to the
456 extent that such amendments are not dependent upon the portions
457 of text that expire pursuant to this section.
458 Section 19. In order to implement Specific Appropriation
459 1626 of the 2013-2014 General Appropriations Act, paragraph (e)
460 is added to subsection (5) of section 161.143, Florida Statutes,
461 to read:
462 161.143 Inlet management; planning, prioritizing, funding,
463 approving, and implementing projects.—
464 (5) The department shall annually provide an inlet
465 management project list, in priority order, to the Legislature
466 as part of the department’s budget request. The list must
467 include studies, projects, or other activities that address the
468 management of at least 10 separate inlets and that are ranked
469 according to the criteria established under subsection (2).
470 (e) Notwithstanding paragraphs (a) and (b), and for the
471 2013-2014 fiscal year only, the amount allocated for inlet
472 management funding is provided in the General Appropriations
473 Act. This paragraph expires July 1, 2014.
474 Section 20. In order to implement Specific Appropriation
475 1600 and section 52 of the 2013-2014 General Appropriations Act,
476 subsection (2) of section 253.01, Florida Statutes, is amended
477 to read:
478 253.01 Internal Improvement Trust Fund established.—
479 (2)(a) All revenues accruing from sources designated by law
480 for deposit in the Internal Improvement Trust Fund shall be used
481 for the acquisition, management, administration, protection, and
482 conservation of state-owned lands.
483 (b) For the 2013-2014 fiscal year only, moneys in the
484 Internal Improvement Trust Fund may be transferred to the Save
485 Our Everglades Trust Fund for Everglades restoration pursuant to
486 s. 216.181(12). This paragraph expires July 1, 2014.
487 Section 21. In order to implement Specific Appropriations
488 1600 and 1619 and sections 52 and 53 of the 2013-2014 General
489 Appropriations Act, paragraph (b) of subsection (3) of section
490 375.041, Florida Statutes, is amended, and paragraph (c) is
491 added to that subsection, to read:
492 375.041 Land Acquisition Trust Fund.—
493 (3)
494 (b) In addition to the uses allowed under paragraph (a),
495 for the 2013-2014 2012-2013 fiscal year, moneys in the Land
496 Acquisition Trust Fund may be transferred are authorized for
497 transfer to support the Total Maximum Daily Loads Program,
498 Drinking Water Revolving Loan Trust Fund, and Wastewater
499 Treatment and Stormwater Management Revolving Loan Trust Fund as
500 provided in the General Appropriations Act. This paragraph
501 expires July 1, 2014 2013.
502 (c) For the 2013-2014 fiscal year only, moneys in the Land
503 Acquisition Trust Fund may be transferred to the Save Our
504 Everglades Trust Fund for Everglades restoration pursuant to s.
505 216.181(12). This paragraph expires July 1, 2014.
506 Section 22. In order to implement Specific Appropriation
507 1626 of the 2013-2014 General Appropriations Act and
508 notwithstanding ss. 161.041, 161.055, and 373.427, Florida
509 Statutes, and any rules implementing those sections, existing
510 joint coastal permits for projects identified in the proviso
511 following Specific Appropriation 1626 which expire during the
512 2013-2014 fiscal year are extended until the completion of the
513 projects in order to take advantage of time-sensitive full
514 federal emergency funding for sand losses and to address 2012
515 storm damages to the state’s beaches. Fees may not be charged
516 for the extension of the permits and applications are not
517 required for such extension. This section expires July 1, 2014.
518 Section 23. In order to implement Specific Appropriation
519 1600 of the 2013-2014 General Appropriation Act, subsection (1)
520 of section 373.472, Florida Statutes, is amended to read:
521 373.472 Save Our Everglades Trust Fund.—
522 (1) There is created within the Department of Environmental
523 Protection the Save Our Everglades Trust Fund. Funds in the
524 trust fund shall be expended to implement the comprehensive plan
525 as defined in s. 373.470(2)(b); the Lake Okeechobee Watershed
526 Protection Plan as defined in s. 373.4595(2); the Caloosahatchee
527 River Watershed Protection Plan as defined in s. 373.4595(2);
528 the St. Lucie River Watershed Protection Plan as defined in s.
529 373.4595(2); the Long-Term Plan as defined in s. 373.4592(2);
530 and the Florida Keys Area of Critical State Concern protection
531 program under ss. 380.05 and 380.0552 to restore and conserve
532 natural systems through the implementation of water management
533 projects, including wastewater management projects identified in
534 the “Keys Wastewater Plan” dated November 2007 and submitted to
535 the Florida House of Representatives on December 4, 2007; and to
536 pay debt service for Everglades restoration bonds issued
537 pursuant to s. 215.619. The trust fund shall serve as the
538 repository for state, local, and federal project contributions
539 in accordance with s. 373.470(4).
540 Section 24. In order to implement Specific Appropriations
541 1599 and 1600 and section 52 of the 2013-2014 General
542 Appropriations Act, subsection (12) of section 373.59, Florida
543 Statutes, is amended to read:
544 373.59 Water Management Lands Trust Fund.—
545 (12) Notwithstanding subsection (8), and for the 2013-2014
546 2012-2013 fiscal year only, the moneys from the Water Management
547 Lands Trust Fund are allocated as follows:
548 (a) An amount necessary to pay debt service on bonds issued
549 before February 1, 2009, by the South Florida Water Management
550 District and the St. Johns River Water Management District,
551 which are secured by revenues provided pursuant to this section,
552 or to fund debt service reserve funds, rebate obligations, or
553 other amounts payable with respect to such bonds.;
554 (b) Eight million dollars to be transferred to the General
555 Revenue Fund.; and
556 (c) Three million dollars to be distributed to the Suwannee
557 River Water Management District for springs restoration and
558 protection projects.
559 (d) Three million dollars to be distributed to the
560 Northwest Florida Water Management District for Apalachicola Bay
561 water quality improvement projects.
562 (e) Four million dollars to be distributed to the South
563 Florida Water Management District for J.W. Corbett Levee system
564 improvements.
565 (f) One million dollars to be distributed to the Southwest
566 Florida Water Management District for Duck Slough/Thousand Oaks
567 flood mitigation.
568 (g)(c) The remaining appropriation to be distributed to the
569 Suwannee River Water Management District.
570
571 This subsection expires July 1, 2014 2013.
572 Section 25. In order to implement Specific Appropriation
573 1600 of the 2013-2014 General Appropriations Act, the recurring
574 $12 million appropriated from the General Revenue Fund and the
575 recurring $20 million appropriated from the Water Management
576 Lands Trust Fund to the Department of Environmental Protection
577 for the Restoration Strategies Regional Water Quality Plan
578 contained in Committee Substitute for House Bill 7065, or
579 similar legislation enacted during the 2013 Regular Session of
580 the Legislature, shall be deposited into the Save Our Everglades
581 Trust Fund within the department to be spent for the Restoration
582 Strategies Regional Water Quality Plan, pursuant to Specific
583 Appropriation 1600. This section expires July 1, 2014.
584 Section 26. In order to implement Specific Appropriation
585 1600 and section 52 of the 2013-2014 General Appropriations Act,
586 paragraph (f) is added to subsection (1) of section 403.709,
587 Florida Statutes, to read:
588 403.709 Solid Waste Management Trust Fund; use of waste
589 tire fees.—There is created the Solid Waste Management Trust
590 Fund, to be administered by the department.
591 (1) From the annual revenues deposited in the trust fund,
592 unless otherwise specified in the General Appropriations Act:
593 (f) For the 2013-2014 fiscal year only, moneys in the Solid
594 Waste Management Trust Fund may be transferred to the Save Our
595 Everglades Trust Fund for Everglades restoration pursuant to s.
596 216.181(12). This paragraph expires July 1, 2014.
597 Section 27. In order to implement Specific Appropriation
598 1671 of the 2013-2014 General Appropriations Act, subsection (5)
599 of section 403.7095, Florida Statutes, is amended to read:
600 403.7095 Solid waste management grant program.—
601 (5) Notwithstanding any other provision of this section,
602 and for the 2013-2014 2012-2013 fiscal year only, the Department
603 of Environmental Protection shall award the sum of $3 million
604 $2,400,000 in grants equally to counties having populations of
605 fewer than 100,000 for waste tire and litter prevention,
606 recycling education, and general solid waste programs. This
607 subsection expires July 1, 2014 2013.
608 Section 28. In order to implement Specific Appropriation
609 1544 and section 53 of the 2013-2014 General Appropriations Act,
610 paragraph (m) of subsection (3) of section 259.105, Florida
611 Statutes, is amended to read:
612 259.105 The Florida Forever Act.—
613 (3) Less the costs of issuing and the costs of funding
614 reserve accounts and other costs associated with bonds, the
615 proceeds of cash payments or bonds issued pursuant to this
616 section shall be deposited into the Florida Forever Trust Fund
617 created by s. 259.1051. The proceeds shall be distributed by the
618 Department of Environmental Protection in the following manner:
619 (m) Notwithstanding paragraphs (a)-(j) and for the 2013
620 2014 2012-2013 fiscal year only:,
621 1. Ten million dollars the moneys appropriated from the
622 Florida Forever Trust Fund shall be distributed only to the
623 Division of State Lands within the Department of Environmental
624 Protection for Board of Trustees Florida Forever Priority List
625 land acquisition projects that provide conservation lands to
626 protect the state’s military installations against encroachment.
627 2. The remaining moneys appropriated from the Florida
628 Forever Trust Fund shall be distributed only to the Division of
629 State Lands within the Department of Environmental Protection
630 for land acquisitions that are less-than-fee interest, or for
631 partnerships in which the state’s portion of the acquisition
632 cost is no more than 50 percent, or for conservation lands
633 needed for military buffering or springs or water resources
634 protection.
635
636 This paragraph expires July 1, 2014 2013.
637 Section 29. In order to implement Specific Appropriation
638 1668 of the 2013-2014 General Appropriations Act, paragraphs (d)
639 and (e) are added to subsection (2) of section 376.30711,
640 Florida Statutes, to read:
641 376.30711 Preapproved site rehabilitation, effective March
642 29, 1995.—
643 (2)
644 (d) All task assignments, work orders, and contracts for
645 providers under the Petroleum Restoration Program entered by the
646 department on or after July 1, 2013, pursuant to this section
647 and ss. 376.3071 and 376.30713 must:
648 1. Be procured through competitive bidding pursuant to s.
649 287.056, s. 287.057, or s. 287.0595.
650 2. Require that a statement under oath be executed and
651 provided to the department concurrently with the execution of
652 the task assignments, work orders, or contracts by:
653 a. All owners, responsible parties, and cleanup contractors
654 and subcontractors, that no compensation, remuneration, or gift
655 of any kind, directly or indirectly, has been solicited,
656 offered, accepted, paid, or received in exchange for designation
657 or employment in connection with the cleanup of an eligible
658 site, except for the compensation paid by the department to the
659 contractor for the cleanup.
660 b. All cleanup contractors and subcontractors receiving
661 compensation for cleanup of eligible sites, that they have never
662 paid, offered, or provided any compensation in exchange for
663 being designated or hired to do cleanup work, except for
664 compensation for the cleanup work.
665
666 This paragraph expires June 30, 2014.
667 (e) Any owner, responsible party, or cleanup contractor or
668 subcontractor who falsely executes a statement required pursuant
669 to subparagraph (d)2. is prohibited from participating in the
670 Petroleum Restoration Program. This paragraph expires June 30,
671 2014.
672 Section 30. In order to implement Specific Appropriation
673 1439 of the 2013-2014 General Appropriations Act and to provide
674 consistency and continuity in the promotion of agriculture
675 throughout the state, notwithstanding s. 287.057, Florida
676 Statutes, the Department of Agriculture and Consumer Services
677 may extend, revise, and renew current contracts or agreements
678 created or entered into pursuant to chapter 2006-25, Laws of
679 Florida. This section expires July 1, 2014.
680 Section 31. In order to implement Specific Appropriation
681 1835A of the 2013-2014 General Appropriations Act, paragraph (i)
682 is added to subsection (4) of section 339.135, Florida Statutes,
683 and paragraph (d) is added to subsection (5) of that section, to
684 read:
685 339.135 Work program; legislative budget request;
686 definitions; preparation, adoption, execution, and amendment.—
687 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
688 (i) Notwithstanding paragraph (a), and for the 2013-2014
689 fiscal year only, the Department of Transportation may use
690 appropriated funds for the purpose of funding the costs of land
691 acquisition, design, and construction of multiuse trails and
692 related facilities. Funds specifically appropriated for this
693 purpose may not reduce, delete, or defer any existing projects
694 funded as of July 1, 2013, in the Department of Transportation
695 5-year work program. This paragraph expires July 1, 2014.
696 (5) ADOPTION OF THE WORK PROGRAM.—
697 (d) Notwithstanding paragraph (a), and for the 2013-2014
698 fiscal year only, the Department of Transportation may use
699 appropriated funds for the purpose of funding the costs of land
700 acquisition, design, and construction of multiuse trails and
701 related facilities. Funds specifically appropriated for this
702 purpose may not reduce, delete, or defer any existing projects
703 funded as of July 1, 2013, in the Department of Transportation
704 5-year work program. This paragraph expires July 1, 2014.
705 Section 32. In order to implement Specific Appropriation
706 1835A of the 2013-2014 General Appropriations Act, subsection
707 (4) is added to section 335.065, Florida Statutes, to read:
708 335.065 Bicycle and pedestrian ways along state roads and
709 transportation facilities.—
710 (4) Notwithstanding any other provision of law, the
711 department may use funds specifically appropriated for the
712 purpose of the acquisition and development of an integrated
713 system of interconnected multiuse trails of statewide
714 significance and to pay the costs of land acquisition, design,
715 and construction of trails and related facilities. When
716 selecting projects for funding under this section, the
717 department shall give priority to trail projects that have been
718 identified by the Florida Greenways and Trails Council as a
719 priority within the Florida Greenways and Trails System pursuant
720 to chapter 260 and shall provide trail connectivity by
721 eliminating gaps between existing trails. All projects funded
722 under this section shall be included in the department’s work
723 program developed pursuant to s. 339.135. This subsection
724 expires July 1, 2014.
725 Section 33. In order to implement Specific Appropriation
726 1830A of the 2013-2014 General Appropriations Act, present
727 paragraph (n) of subsection (1) of section 339.08, Florida
728 Statutes, is redesignated as paragraph (o), and a new paragraph
729 (n) is added to that subsection, to read:
730 339.08 Use of moneys in State Transportation Trust Fund.—
731 (1) The department shall expend moneys in the State
732 Transportation Trust Fund accruing to the department, in
733 accordance with its annual budget. The use of such moneys shall
734 be restricted to the following purposes:
735 (n) To pay administrative expenses incurred in accordance
736 with applicable laws by the multicounty transportation authority
737 created under chapter 343 where the jurisdiction for the
738 authority includes a portion of the State Highway System and the
739 expenses are in furtherance of the provisions of chapter 2012
740 174, Laws of Florida, to provide a financial analysis of the
741 cost savings to be achieved by the consolidation of transit
742 authorities within the region. This paragraph expires July 1,
743 2014.
744 Section 34. In order to implement Specific Appropriation
745 2633 of the 2013-2014 General Appropriations Act, the Department
746 of Highway Safety and Motor Vehicles shall contract with the
747 corporation organized under part II of chapter 946, Florida
748 Statutes, to manufacture the current or newly redesigned license
749 tags, such contract being in the same manner and for the same
750 price as paid during the 2012-2013 fiscal year. The corporation
751 shall seek sealed bids for the reflectorized sheeting used in
752 the manufacture of such license tags, and in the event the
753 sealed bids result in any savings in sheeting costs, the
754 corporation shall credit 70 percent of such savings to the
755 department. The county name shall not appear on the redesigned
756 license tag. This section expires July 1, 2014.
757 Section 35. In order to implement the appropriation of
758 funds in the contracted services and expense categories of the
759 2013-2014 General Appropriations Act, no state agency may
760 initiate a competitive solicitation for a product or service if
761 the completion of such competitive solicitation would:
762 (1) Require a change in law; or
763 (2) Require a change to the agency’s budget other than a
764 transfer authorized in s. 216.292(2) or (3), Florida Statutes,
765 unless the initiation of such competitive solicitation is
766 specifically authorized in law, in the General Appropriations
767 Act, or by the Legislative Budget Commission.
768
769 This section does not apply to a competitive solicitation for
770 which the agency head certifies that a valid emergency exists.
771 This section expires July 1, 2014.
772 Section 36. In order to implement the appropriation of
773 funds in the appropriation category “Special Categories-Risk
774 Management Insurance” in the 2013-2014 General Appropriations
775 Act, and pursuant to the notice, review, and objection
776 procedures of s. 216.177, Florida Statutes, the Executive Office
777 of the Governor may transfer funds appropriated in that category
778 between departments in order to align the budget authority
779 granted with the premiums paid by each department for risk
780 management insurance. This section expires July 1, 2014.
781 Section 37. In order to implement the appropriation of
782 funds in the appropriation category “Special Categories-Transfer
783 to Department of Management Services-Human Resources Services
784 Purchased per Statewide Contract” in the 2013-2014 General
785 Appropriations Act, and pursuant to the notice, review, and
786 objection procedures of s. 216.177, Florida Statutes, the
787 Executive Office of the Governor may transfer funds appropriated
788 in that category between departments in order to align the
789 budget authority granted with the assessments that must be paid
790 by each agency to the Department of Management Services for
791 human resource management services. This section expires July 1,
792 2014.
793 Section 38. In order to implement appropriations for
794 salaries and benefits in the 2013-2014 General Appropriations
795 Act, paragraph (a) of subsection (12) of section 110.123,
796 Florida Statutes, is amended to read:
797 110.123 State group insurance program.—
798 (12) HEALTH SAVINGS ACCOUNTS.—The department is authorized
799 to establish health savings accounts for full-time and part-time
800 state employees in association with a health insurance plan
801 option authorized by the Legislature and conforming to the
802 requirements and limitations of federal provisions relating to
803 the Medicare Prescription Drug, Improvement, and Modernization
804 Act of 2003.
805 (a)1. A member participating in this health insurance plan
806 option is eligible to receive an employer contribution into the
807 employee’s health savings account from the State Employees
808 Health Insurance Trust Fund in an amount to be determined by the
809 Legislature. A member is not eligible for an employer
810 contribution upon termination of employment. For the 2013-2014
811 2012-2013 fiscal year, the state’s monthly contribution for
812 employees having individual coverage shall be $41.66 and the
813 monthly contribution for employees having family coverage shall
814 be $83.33.
815 2. A member participating in this health insurance plan
816 option is eligible to deposit the member’s own funds into a
817 health savings account.
818 Section 39. In order to implement appropriations for
819 salaries and benefits in the 2013-2014 General Appropriations
820 Act, subsection (6) of section 112.24, Florida Statutes, is
821 amended to read:
822 112.24 Intergovernmental interchange of public employees.
823 To encourage economical and effective utilization of public
824 employees in this state, the temporary assignment of employees
825 among agencies of government, both state and local, and
826 including school districts and public institutions of higher
827 education is authorized under terms and conditions set forth in
828 this section. State agencies, municipalities, and political
829 subdivisions are authorized to enter into employee interchange
830 agreements with other state agencies, the Federal Government,
831 another state, a municipality, or a political subdivision
832 including a school district, or with a public institution of
833 higher education. State agencies are also authorized to enter
834 into employee interchange agreements with private institutions
835 of higher education and other nonprofit organizations under the
836 terms and conditions provided in this section. In addition, the
837 Governor or the Governor and Cabinet may enter into employee
838 interchange agreements with a state agency, the Federal
839 Government, another state, a municipality, or a political
840 subdivision including a school district, or with a public
841 institution of higher learning to fill, subject to the
842 requirements of chapter 20, appointive offices which are within
843 the executive branch of government and which are filled by
844 appointment by the Governor or the Governor and Cabinet. Under
845 no circumstances shall employee interchange agreements be
846 utilized for the purpose of assigning individuals to participate
847 in political campaigns. Duties and responsibilities of
848 interchange employees shall be limited to the mission and goals
849 of the agencies of government.
850 (6) For the 2013-2014 2012-2013 fiscal year only, the
851 assignment of an employee of a state agency as provided in this
852 section may be made if recommended by the Governor or Chief
853 Justice, as appropriate, and approved by the chairs of the
854 legislative appropriations committees. Such actions shall be
855 deemed approved if neither chair provides written notice of
856 objection within 14 days after the chair’s receiving notice of
857 the action pursuant to s. 216.177. This subsection expires July
858 1, 2014 2013.
859 Section 40. In order to implement Specific Appropriations
860 2550 and 2551 of the 2013-2014 General Appropriations Act and
861 notwithstanding s. 11.13(1), Florida Statutes, the authorized
862 salaries for members of the Legislature for the 2013-2014 fiscal
863 year shall be set at the same level in effect on July 1, 2010.
864 This section expires July 1, 2014.
865 Section 41. In order to implement the transfer of funds to
866 the General Revenue Fund from trust funds in the 2013-2014
867 General Appropriations Act, paragraph (b) of subsection (2) of
868 section 215.32, Florida Statutes, is reenacted to read:
869 215.32 State funds; segregation.—
870 (2) The source and use of each of these funds shall be as
871 follows:
872 (b)1. The trust funds shall consist of moneys received by
873 the state which under law or under trust agreement are
874 segregated for a purpose authorized by law. The state agency or
875 branch of state government receiving or collecting such moneys
876 is responsible for their proper expenditure as provided by law.
877 Upon the request of the state agency or branch of state
878 government responsible for the administration of the trust fund,
879 the Chief Financial Officer may establish accounts within the
880 trust fund at a level considered necessary for proper
881 accountability. Once an account is established, the Chief
882 Financial Officer may authorize payment from that account only
883 upon determining that there is sufficient cash and releases at
884 the level of the account.
885 2. In addition to other trust funds created by law, to the
886 extent possible, each agency shall use the following trust funds
887 as described in this subparagraph for day-to-day operations:
888 a. Operations or operating trust fund, for use as a
889 depository for funds to be used for program operations funded by
890 program revenues, with the exception of administrative
891 activities when the operations or operating trust fund is a
892 proprietary fund.
893 b. Operations and maintenance trust fund, for use as a
894 depository for client services funded by third-party payors.
895 c. Administrative trust fund, for use as a depository for
896 funds to be used for management activities that are departmental
897 in nature and funded by indirect cost earnings and assessments
898 against trust funds. Proprietary funds are excluded from the
899 requirement of using an administrative trust fund.
900 d. Grants and donations trust fund, for use as a depository
901 for funds to be used for allowable grant or donor agreement
902 activities funded by restricted contractual revenue from private
903 and public nonfederal sources.
904 e. Agency working capital trust fund, for use as a
905 depository for funds to be used pursuant to s. 216.272.
906 f. Clearing funds trust fund, for use as a depository for
907 funds to account for collections pending distribution to lawful
908 recipients.
909 g. Federal grant trust fund, for use as a depository for
910 funds to be used for allowable grant activities funded by
911 restricted program revenues from federal sources.
912
913 To the extent possible, each agency must adjust its internal
914 accounting to use existing trust funds consistent with the
915 requirements of this subparagraph. If an agency does not have
916 trust funds listed in this subparagraph and cannot make such
917 adjustment, the agency must recommend the creation of the
918 necessary trust funds to the Legislature no later than the next
919 scheduled review of the agency’s trust funds pursuant to s.
920 215.3206.
921 3. All such moneys are hereby appropriated to be expended
922 in accordance with the law or trust agreement under which they
923 were received, subject always to the provisions of chapter 216
924 relating to the appropriation of funds and to the applicable
925 laws relating to the deposit or expenditure of moneys in the
926 State Treasury.
927 4.a. Notwithstanding any provision of law restricting the
928 use of trust funds to specific purposes, unappropriated cash
929 balances from selected trust funds may be authorized by the
930 Legislature for transfer to the Budget Stabilization Fund and
931 General Revenue Fund in the General Appropriations Act.
932 b. This subparagraph does not apply to trust funds required
933 by federal programs or mandates; trust funds established for
934 bond covenants, indentures, or resolutions whose revenues are
935 legally pledged by the state or public body to meet debt service
936 or other financial requirements of any debt obligations of the
937 state or any public body; the Division of Licensing Trust Fund
938 in the Department of Agriculture and Consumer Services; the
939 State Transportation Trust Fund; the trust fund containing the
940 net annual proceeds from the Florida Education Lotteries; the
941 Florida Retirement System Trust Fund; trust funds under the
942 management of the State Board of Education or the Board of
943 Governors of the State University System, where such trust funds
944 are for auxiliary enterprises, self-insurance, and contracts,
945 grants, and donations, as those terms are defined by general
946 law; trust funds that serve as clearing funds or accounts for
947 the Chief Financial Officer or state agencies; trust funds that
948 account for assets held by the state in a trustee capacity as an
949 agent or fiduciary for individuals, private organizations, or
950 other governmental units; and other trust funds authorized by
951 the State Constitution.
952 Section 42. The amendment to s. 215.32(2)(b), Florida
953 Statutes, as carried forward by this act from chapter 2011-47,
954 Laws of Florida, expires July 1, 2014, and the text of that
955 paragraph shall revert to that in existence on June 30, 2011,
956 except that any amendments to such text enacted other than by
957 this act shall be preserved and continue to operate to the
958 extent that such amendments are not dependent upon the portions
959 of text which expire pursuant to this section.
960 Section 43. In order to implement the transfer of moneys to
961 the General Revenue Fund from trust funds in the 2013-2014
962 General Appropriations Act, paragraph (b) of subsection (4) of
963 section 215.5601, Florida Statutes, is reenacted to read:
964 215.5601 Lawton Chiles Endowment Fund.—
965 (4) ADMINISTRATION.—
966 (b) The endowment shall be managed as an annuity. The
967 investment objective is the long-term preservation of the real
968 value of the net contributed principal and a specified regular
969 annual cash outflow for appropriation, as nonrecurring revenue.
970 From the annual cash outflow, a pro rata share shall be used
971 solely for biomedical research activities as provided in
972 paragraph (3)(d), until such time as cures are found for
973 tobacco-related cancer and heart and lung disease. Five percent
974 of the annual cash outflow dedicated to the biomedical research
975 portion of the endowment shall be reinvested and applied to that
976 portion of the endowment’s principal, with the remainder to be
977 spent on biomedical research activities consistent with this
978 section. The schedule of annual cash outflow must be included
979 within the investment plan adopted under paragraph (a).
980 Withdrawals other than specified regular cash outflow are
981 considered reductions in contributed principal for the purposes
982 of this subsection.
983 Section 44. The amendment to s. 215.5601(4)(b), Florida
984 Statutes, as carried forward by this act from chapter 2011-47,
985 Laws of Florida, expires July 1, 2014, and the text of that
986 paragraph shall revert to that in existence on June 30, 2010,
987 except that any amendments to such text enacted other than by
988 this act shall be preserved and continue to operate to the
989 extent that such amendments are not dependent upon the portions
990 of text which expire pursuant to this section.
991 Section 45. In order to implement the issuance of new debt
992 authorized in the 2013-2014 General Appropriations Act, and
993 pursuant to s. 215.98, Florida Statutes, the Legislature
994 determines that the authorization and issuance of debt for the
995 2013-2014 fiscal year should be implemented, is in the best
996 interest of the state, and is necessary to address a critical
997 state emergency. This section expires July 1, 2014.
998 Section 46. In order to implement appropriations in the
999 2013-2014 General Appropriations Act for state employee travel,
1000 the funds appropriated to each state agency, which may be used
1001 for travel by state employees, shall be limited during the 2013
1002 2014 fiscal year to travel for activities that are critical to
1003 each state agency’s mission. Funds may not be used for travel by
1004 state employees to foreign countries, other states, conferences,
1005 staff-training activities, or other administrative functions
1006 unless the agency head has approved, in writing, that such
1007 activities are critical to the agency’s mission. The agency head
1008 shall consider using teleconferencing and other forms of
1009 electronic communication to meet the needs of the proposed
1010 activity before approving mission-critical travel. This section
1011 does not apply to travel for law enforcement purposes, military
1012 purposes, emergency management activities, or public health
1013 activities. This section expires July 1, 2014.
1014 Section 47. In order to implement appropriations authorized
1015 in the 2013-2014 General Appropriations Act for data center
1016 services in the 2013-2014 fiscal year, paragraphs (g) and (h) of
1017 subsection (4) of section 282.201, Florida Statutes, are amended
1018 to read:
1019 282.201 State data center system; agency duties and
1020 limitations.—A state data center system that includes all
1021 primary data centers, other nonprimary data centers, and
1022 computing facilities, and that provides an enterprise
1023 information technology service as defined in s. 282.0041, is
1024 established.
1025 (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.—
1026 (g) During the 2013-2014 fiscal year, the following shall
1027 be consolidated into the Southwood Shared Resource Center:
1028 1. By July 1, 2013, the Fish and Wildlife Conservation
1029 Commission, except for the commission’s Fish and Wildlife
1030 Research Institute in St. Petersburg.
1031 1.2. By October 31, 2013, the Department of Economic
1032 Opportunity.
1033 2.3. By December 31, 2013, the Executive Office of the
1034 Governor, to include the Division of Emergency Management except
1035 for the Emergency Operation Center’s management system in
1036 Tallahassee and the Camp Blanding Emergency Operations Center in
1037 Starke.
1038 3.4. By March 31, 2014, the Department of Elderly Affairs.
1039 (h) By October 30, 2013, During the 2013-2014 fiscal year,
1040 the Fish and Wildlife Conservation Commission, except for the
1041 commission’s Fish and Wildlife Research Institute in St.
1042 Petersburg, following shall be consolidated into the Northwood
1043 Shared Resource Center:
1044 1. By July 1, 2013, the Department of Veterans’ Affairs.
1045 2. By December 31, 2013, the Department of Legal Affairs.
1046 3. By March 31, 2014, the Department of Agriculture and
1047 Consumer Services’ Agriculture Management Information Center in
1048 the Mayo Building and the Division of Licensing.
1049 Section 48. The amendment made by this act to s.
1050 282.201(4), Florida Statutes, expires July 1, 2014, and the text
1051 of that subsection shall revert to that in existence on June 30,
1052 2013, except that any amendments to such text enacted other than
1053 by this act shall be preserved and continue to operate to the
1054 extent that such amendments are not dependent upon the portions
1055 of text that expire pursuant to this section.
1056 Section 49. In order to implement appropriations authorized
1057 in the 2013-2014 General Appropriations Act for data center
1058 services scheduled for consolidation in the 2013-2014 fiscal
1059 year, and pursuant to the notice, review, and objection
1060 procedures of s. 216.177, Florida Statutes, the consolidating
1061 agencies may request the transfer of resources between Data
1062 Processing Services appropriation categories and the
1063 appropriation categories for operations based upon changes to
1064 the consolidation schedule. This section expires July 1, 2014.
1065 Section 50. In order to implement appropriations authorized
1066 in the 2013-2014 General Appropriations Act for each of the
1067 state’s designated primary data centers funded from the data
1068 processing appropriation category for computing services of user
1069 agencies, and pursuant to the notice, review, and objection
1070 procedures of s. 216.177, Florida Statutes, the Executive Office
1071 of the Governor may transfer funds appropriated for data
1072 processing in the 2013-2014 General Appropriations Act between
1073 agencies in order to align the budget authority granted with the
1074 utilization rate of each department. This section expires July
1075 1, 2014.
1076 Section 51. In order to implement appropriations authorized
1077 in the 2013-2014 General Appropriations Act for data center
1078 services, and notwithstanding s. 216.292(2)(a), Florida
1079 Statutes, except as authorized in sections 49 and 50 of this
1080 act, no agency may transfer funds from a data processing
1081 category to a category other than another data processing
1082 category. This section expires July 1, 2014.
1083 Section 52. In order to implement Specific Appropriation
1084 2825 of the 2013-2014 General Appropriations Act, the Executive
1085 Office of the Governor may transfer funds appropriated in the
1086 appropriation category “Expenses” of the 2013-2014 General
1087 Appropriations Act between agencies in order to allocate a
1088 reduction relating to SUNCOM services. This section expires July
1089 1, 2014.
1090 Section 53. In order to implement section 8 of the 2013
1091 2014 General Appropriations Act, paragraph (b) of subsection (2)
1092 of section 110.12315, Florida Statutes, is reenacted, and
1093 paragraph (a) of subsection (7) of that section is reenacted and
1094 amended, to read:
1095 110.12315 Prescription drug program.—The state employees’
1096 prescription drug program is established. This program shall be
1097 administered by the Department of Management Services, according
1098 to the terms and conditions of the plan as established by the
1099 relevant provisions of the annual General Appropriations Act and
1100 implementing legislation, subject to the following conditions:
1101 (2) In providing for reimbursement of pharmacies for
1102 prescription medicines dispensed to members of the state group
1103 health insurance plan and their dependents under the state
1104 employees’ prescription drug program:
1105 (b) There shall be a 30-day supply limit for prescription
1106 card purchases and 90-day supply limit for mail order or mail
1107 order prescription drug purchases. The Department of Management
1108 Services may implement a 90-day supply limit program for certain
1109 maintenance drugs as determined by the department at retail
1110 pharmacies participating in the program if the department
1111 determines it to be in the best financial interest of the state.
1112 (7) Under the state employees’ prescription drug program
1113 copayments must be made as follows:
1114 (a) Effective January 1, 2013 2012, for the State Group
1115 Health Insurance Standard Plan:
1116 1. For generic drug with card $7.
1117 2. For preferred brand name drug with card $30.
1118 3. For nonpreferred brand name drug with card $50.
1119 4. For generic mail order drug $14.
1120 5. For preferred brand name mail order drug $60.
1121 6. For nonpreferred brand name mail order drug $100.
1122 Section 54. (1) The amendment to s. 110.12315(2)(b),
1123 Florida Statutes, as carried forward by this act from chapter
1124 2012-119, Laws of Florida, expires July 1, 2014, and the text of
1125 that paragraph shall revert to that in existence on June 30,
1126 2012, except that any amendments to such text enacted other than
1127 by this act shall be preserved and continue to operate to the
1128 extent that such amendments are not dependent upon the portions
1129 of text which expire pursuant to this section.
1130 (2) The amendment to s. 110.12315(7)(a), Florida Statutes,
1131 as carried forward by this act from chapter 2012-119, Laws of
1132 Florida, expires July 1, 2014, and the text of that paragraph
1133 shall revert to that in existence on December 31, 2010, except
1134 that any amendments to such text enacted other than by this act
1135 shall be preserved and continue to operate to the extent that
1136 such amendments are not dependent upon the portions of text
1137 which expire pursuant to this section.
1138 Section 55. Any section of this act which implements a
1139 specific appropriation or specifically identified proviso
1140 language in the 2013-2014 General Appropriations Act is void if
1141 the specific appropriation or specifically identified proviso
1142 language is vetoed. Any section of this act which implements
1143 more than one specific appropriation or more than one portion of
1144 specifically identified proviso language in the 2013-2014
1145 General Appropriations Act is void if all the specific
1146 appropriations or portions of specifically identified proviso
1147 language are vetoed.
1148 Section 56. If any other act passed during the 2013 Regular
1149 Session contains a provision that is substantively the same as a
1150 provision in this act, but that removes or is otherwise not
1151 subject to the future repeal applied to such provision by this
1152 act, the Legislature intends that the provision in the other act
1153 takes precedence and continues to operate, notwithstanding the
1154 future repeal provided by this act.
1155 Section 57. If any provision of this act or its application
1156 to any person or circumstance is held invalid, the invalidity
1157 does not affect other provisions or applications of the act
1158 which can be given effect without the invalid provision or
1159 application, and to this end the provisions of this act are
1160 severable.
1161 Section 58. Except as otherwise expressly provided in this
1162 act and except for this section, which shall take effect upon
1163 this act becoming a law, this act shall take effect July 1,
1164 2013; or, if this act fails to become a law until after that
1165 date, it shall take effect upon becoming a law and operate
1166 retroactively to July 1, 2013.