Florida Senate - 2013 (PROPOSED COMMITTEE BILL) SPB 7042
FOR CONSIDERATION By the Committee on Appropriations
576-01548E-13 20137042__
1 A bill to be entitled
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; amending s. 216.292, F.S.; authorizing
7 the transfer of funds between appropriation categories
8 to fund fixed capital outlay projects for charter
9 schools upon certain approval; incorporating by
10 reference certain calculations of the Medicaid Low
11 Income Pool, Disproportionate Share Hospital, and
12 Hospital Exemptions Programs for the 2013-2014 fiscal
13 year; prohibiting the Department of Children and
14 Families from requiring managing entities to conduct
15 provider network procurement during the next fiscal
16 year; providing requirements governing the
17 continuation of Phase 3 of the Department of Health’s
18 Florida Onsite Sewage Nitrogen Reduction Strategies
19 Study; specifying certain prohibitions before
20 completion of the study; prioritizing which categories
21 of individuals on the Agency for Persons with
22 Disabilities wait list will be offered a slot on the
23 Medicaid home and community-based waiver programs;
24 providing that individuals remaining on the wait list
25 are not entitled to an administrative proceeding;
26 amending s. 216.262, F.S.; authorizing the Department
27 of Corrections to submit a budget amendment for
28 additional positions to operate additional prison bed
29 capacity under certain circumstances; authorizing the
30 Department of Legal Affairs to spend certain
31 appropriated funds on programs that were funded by the
32 department from specific appropriations in general
33 appropriations acts in previous years; amending s.
34 932.7055, F.S.; authorizing a municipality to expend
35 funds from its special law enforcement trust fund to
36 reimburse the municipality’s general fund; requiring
37 the Department of Juvenile Justice to comply with
38 specified reimbursement limitations with respect to
39 payments to hospitals or health care providers for
40 health care services; authorizing certain payments
41 pursuant to a contracted rate only until the contract
42 expires or is renewed; defining the term “hospital”
43 for purposes of such limitations; amending s. 215.18,
44 F.S.; providing for trust fund loans to the state
45 court system sufficient to meet its appropriation;
46 providing that any funds remaining in the Clerks of
47 the Court Trust Fund remain available to the clerks;
48 amending s. 29.008, F.S., relating to county funding
49 of court-related functions; providing counties with an
50 exemption from the requirement to annually increase
51 certain expenditures by a specified percentage;
52 providing performance and reporting requirements for
53 the Department of Corrections relating to the
54 implementation of proviso language in the
55 appropriations act; providing salary sanctions for
56 failing to meet those requirements; requiring the
57 Department of Management Services to use certain
58 interest earnings to fund the administration of the
59 MyFlorida.com portal; directing the Department of
60 Management Services to use a tenant broker to
61 renegotiate certain leases and provide a report to the
62 Executive Office of the Governor and the Legislature;
63 authorizing funds available in the Audit and Warrant
64 Clearing Trust Fund to be available for certain
65 interest payments to the Federal Government; amending
66 s. 375.041, F.S.; providing for the transfer of moneys
67 from the Land Acquisition Trust Fund to support the
68 Total Maximum Daily Loads Program; providing for the
69 transfer of moneys in the Land Acquisition Trust Fund
70 to the Save Our Everglades Trust Fund for Everglades
71 restoration; amending s. 373.59, F.S.; revising the
72 allocation of moneys from the Water Management Lands
73 Trust Fund; amending s. 403.7095, F.S.; requiring the
74 Department of Environmental Protection to award a
75 specified amount in grants to certain counties for
76 solid waste programs; amending s. 259.105, F.S.;
77 providing that certain funds in the Florida Forever
78 Trust Fund be distributed to the Division of State
79 Lands for certain Board of Trustees Florida Forever
80 Priority List land acquisition projects; amending s.
81 339.135, F.S.; authorizing the Department of
82 Transportation to use appropriated funds for land
83 acquisition, design, and construction of multiuse
84 trails and related facilities; amending s. 335.065,
85 F.S.; authorizing the Department of Transportation to
86 use certain funds for the acquisition and development
87 of a system of interconnected multi-use trails;
88 amending s. 339.08, F.S.; authorizing the Department
89 of Transportation to expend funds to pay certain
90 administrative costs of the multicounty transportation
91 authority established under ch. 343, F.S.; authorizing
92 the Executive Office of the Governor to transfer funds
93 between departments for purposes of aligning amounts
94 paid for risk management premiums and for purposes of
95 aligning amounts paid for human resource management
96 services; amending s. 110.123, F.S., relating to the
97 state group insurance program; providing the amounts
98 of the state’s monthly contribution; amending s.
99 112.24, F.S.; providing conditions on the assignment
100 of an employee of a state agency; providing that the
101 annual salary of the members of the Legislature be
102 maintained at a specified level; reenacting s. 215.32,
103 F.S.; relating to the source and use of certain trust
104 funds; reenacting s. 215.5601(4)(b), F.S., relating to
105 the administration of the Lawton Chiles Endowment
106 Fund; providing a legislative determination that the
107 issuance of new debt is in the best interests of the
108 state and necessary to address a critical state
109 emergency; limiting the use of travel funds to
110 activities that are critical to an agency’s mission;
111 providing exceptions; authorizing certain agencies to
112 request the transfer of resources between Data
113 Processing Services appropriation categories and
114 appropriation categories for operation based upon
115 changes to the data center services consolidation
116 schedule; authorizing the Executive Office of the
117 Governor to transfer funds for use by the state’s
118 designated primary data centers; reenacting and
119 amending s. 110.12315, F.S., relating to the state
120 employee prescription drug program; updating
121 provisions specifying copayment amounts; repealing
122 section 53, Laws of Florida, providing for the
123 reversion of previsions relating to the prescription
124 drug program to the 2010 statutes; providing for
125 reversion of statutory text of certain provisions;
126 providing for the effect of a veto of one or more
127 specific appropriations or proviso to which
128 implementing language refers; providing for the
129 continued operation of certain provisions
130 notwithstanding a future repeal or expiration provided
131 by this act; providing for severability; providing
132 effective dates.
133
134 Be It Enacted by the Legislature of the State of Florida:
135
136 Section 1. It is the intent of the Legislature that the
137 implementing and administering provisions of this act apply to
138 the General Appropriations Act for the 2013-2014 fiscal year.
139 Section 2. In order to implement Specific Appropriations 7,
140 8, 9, 87, and 88 of the 2013-2014 General Appropriations Act,
141 the calculations of the Florida Education Finance Program for
142 the 2013-2014 fiscal year in the document entitled “Public
143 School Funding-The Florida Education Finance Program,” dated
144 ____ _, 2013, and filed with the Secretary of the Senate, are
145 incorporated by reference for the purpose of displaying the
146 calculations used by the Legislature, consistent with the
147 requirements of state law, in making appropriations for the
148 Florida Education Finance Program. This section expires July 1,
149 2014.
150 Section 3. In order to implement Specific Appropriation 0A
151 of the 2013-2014 General Appropriations Act, paragraph (c) of
152 subsection (3) of section 216.292, Florida Statutes, is amended
153 to read:
154 216.292 Appropriations nontransferable; exceptions.—
155 (3) The following transfers are authorized with the
156 approval of the Executive Office of the Governor for the
157 executive branch or the Chief Justice for the judicial branch,
158 subject to the notice and objection provisions of s. 216.177:
159 (c) The transfer of appropriations for fixed capital outlay
160 from the Survey Recommended Needs-Public Schools appropriation
161 category to the Maintenance, Repair, Renovation and Remodeling
162 appropriation category. The allocation of transferred funds must
163 be in accordance with s. 1013.62. This paragraph expires July 1,
164 2014 2013.
165 Section 4. In order to implement Specific Appropriations
166 202, 208 through 210, and 213 of the 2013-2014 General
167 Appropriations Act, the calculations of the Medicaid Low-Income
168 Pool, Disproportionate Share Hospital, and Hospital Exemptions
169 Programs for the 2013-2014 fiscal year in the document entitled
170 “Medicaid Supplemental Hospital Funding Programs,” dated ____ _,
171 2013, and filed with the Secretary of the Senate, are
172 incorporated by reference for the purpose of displaying the
173 calculations used by the Legislature, consistent with the
174 requirements of state law, in making appropriations for the
175 Medicaid Low-Income Pool, Disproportionate Share Hospital, and
176 Hospital Exemptions Programs. This section expires July 1, 2014.
177 Section 5. In order to implement Specific Appropriations
178 352A through 369A and 374 through 377 of the 2013-2014 General
179 Appropriations Act and, notwithstanding any other law, in order
180 to provide consistency and continuity in the provision of mental
181 health and substance abuse treatment services to individuals
182 throughout the state, the Department of Children and Families
183 may not require managing entities contracting with the
184 department under s. 394.9082, Florida Statutes, to conduct
185 provider network procurements during the 2013-2014 fiscal year.
186 The department shall amend its contracts with each managing
187 entity, if necessary, to remove contractual provisions that have
188 the effect of requiring a managing entity to conduct a provider
189 network procurement during the 2013-2014 fiscal year. This
190 section expires July 1, 2014.
191 Section 6. (1) In order to implement Specific Appropriation
192 493 of the 2013-2014 General Appropriations Act, the following
193 requirements govern the continuation of Phase 3 of the
194 Department of Health’s Florida Onsite Sewage Nitrogen Reduction
195 Strategies Study:
196 (a) The Department of Health’s underlying contract for the
197 study remains in full force and effect and funding for
198 continuation of Phase 3 is provided through the department.
199 (b) The Department of Health’s Research Review and Advisory
200 Committee and the Department of Environmental Protection shall
201 work together to provide the necessary technical oversight of
202 the continuation of Phase 3.
203 (c) Management and oversight of the continuation of Phase 3
204 must be consistent with the terms of the existing contract.
205 However, the main focus and priority to be completed during
206 Phase 3 is testing and recommending cost-effective passive
207 technology design criteria for nitrogen reduction.
208 Notwithstanding any other law, before Phase 3 is completed, a
209 state agency may not adopt or implement a rule or policy that:
210 1. Mandates, establishes, or implements more restrictive
211 nitrogen reduction standards to existing or new onsite sewage
212 treatment systems or modification of such systems; or
213 2. Directly or indirectly, such as through an
214 administrative order developed by the Department of
215 Environmental Protection as part of a basin management action
216 plan adopted pursuant to s. 403.067, Florida Statutes, requires
217 the use of performance-based treatment systems or similar
218 technology. However, more restrictive nitrogen reduction
219 standards for onsite systems may be required through a basin
220 management action plan if such plan is phased in after
221 completion of Phase 3.
222 (2) This section expires July 1, 2014.
223 Section 7. (1) In order to implement Specific Appropriation
224 267 of the 2013-2014 General Appropriations Act, and
225 notwithstanding s. 393.065(5), Florida Statutes, individuals
226 from the Medicaid home and community-based waiver programs wait
227 list shall be offered a slot on the waiver as follows:
228 (a) Individuals in category 1, which includes clients
229 deemed to be in crisis as described in rule, shall be given top
230 priority in moving from the wait list to the waiver.
231 (b) Individuals in category 2, upon a finalized adoption
232 with placement in the family home, reunification with family
233 members with placement in a family home, or permanent placement
234 with a relative in a family home, shall be moved to the waiver.
235 (c) In selecting individuals in category 3 or category 4,
236 the Agency for Persons with Disabilities shall use the Agency
237 for Persons with Disabilities Wait List Prioritization Tool,
238 dated March 15, 2013. Those individuals whose needs score
239 highest on the Wait List Prioritization Tool shall be moved to
240 the waiver during the 2013-2014 fiscal year, to the extent funds
241 are available.
242 (2) Upon the placement of individuals on the waiver
243 pursuant to subsection (1), individuals remaining on the wait
244 list are deemed not to have been substantially affected by
245 agency action and are, therefore, not entitled to a hearing
246 under s. 393.125, Florida Statutes, or administrative proceeding
247 under chapter 120, Florida Statutes.
248 Section 8. In order to implement Specific Appropriations
249 602 through 678 and 701 through 736 of the 2013-2014 General
250 Appropriations Act, subsection (4) of section 216.262, Florida
251 Statutes, is amended to read:
252 216.262 Authorized positions.—
253 (4) Notwithstanding the provisions of this chapter relating
254 to increasing the number of authorized positions, and for the
255 2013-2014 2012-2013 fiscal year only, if the actual inmate
256 population of the Department of Corrections exceeds the inmate
257 population projections of the February 19, 2013 December 14,
258 2011, Criminal Justice Estimating Conference by 1 percent for 2
259 consecutive months or 2 percent for any month, the Executive
260 Office of the Governor, with the approval of the Legislative
261 Budget Commission, shall immediately notify the Criminal Justice
262 Estimating Conference, which shall convene as soon as possible
263 to revise the estimates. The Department of Corrections may then
264 submit a budget amendment requesting the establishment of
265 positions in excess of the number authorized by the Legislature
266 and additional appropriations from unallocated general revenue
267 sufficient to provide for essential staff, fixed capital
268 improvements, and other resources to provide classification,
269 security, food services, health services, and other variable
270 expenses within the institutions to accommodate the estimated
271 increase in the inmate population. All actions taken pursuant to
272 this subsection are subject to review and approval by the
273 Legislative Budget Commission. This subsection expires July 1,
274 2014 2013.
275 Section 9. In order to implement Specific Appropriations
276 1273 and 1274 of the 2013-2014 General Appropriations Act, the
277 Department of Legal Affairs may expend appropriated funds in
278 those specific appropriations on the same programs that were
279 funded by the department pursuant to specific appropriations
280 made in general appropriations acts in previous years. This
281 section expires July 1, 2014.
282 Section 10. In order to implement Specific Appropriations
283 1211 and 1216 of the 2013-2014 General Appropriations Act,
284 paragraph (d) of subsection (4) of section 932.7055, Florida
285 Statutes, is amended to read:
286 932.7055 Disposition of liens and forfeited property.—
287 (4) The proceeds from the sale of forfeited property shall
288 be disbursed in the following priority:
289 (d) Notwithstanding any other provision of this subsection,
290 and for the 2013-2014 2012-2013 fiscal year only, the funds in a
291 special law enforcement trust fund established by the governing
292 body of a municipality may be expended to reimburse the general
293 fund of the municipality for moneys advanced from the general
294 fund to the special law enforcement trust fund before October 1,
295 2001. This paragraph expires July 1, 2014 2013.
296 Section 11. (1) In order to implement Specific
297 Appropriations 1076, 1081, 1082, 1129, 1130, 1134, 1135, 1137,
298 1141, 1142, 1145, 1146, 1147, 1158, and 1163 of the 2013-2014
299 General Appropriations Act, the Department of Juvenile Justice
300 must comply with the following reimbursement limitations:
301 (a) Payments to a hospital or a health care provider may
302 not exceed 110 percent of the Medicare allowable rate for any
303 health care services provided if there is no contract between
304 the department and the hospital or the health care provider
305 providing services at a hospital;
306 (b) The department may continue to make payments for health
307 care services at the currently contracted rates through the
308 current term of the contract if a contract has been executed
309 between the department and a hospital or a health care provider
310 providing services at a hospital; however, payments may not
311 exceed 110 percent of the Medicare allowable rate after the
312 current term of the contract expires or after the contract is
313 renewed during the 2013-2014 fiscal year;
314 (c) Payments may not exceed 110 percent of the Medicare
315 allowable rate under a contract executed on or after July 1,
316 2013, between the department and a hospital or a health care
317 provider providing services at a hospital;
318 (d) Notwithstanding paragraphs (a)-(c), the department may
319 pay up to 125 percent of the Medicare allowable rate for health
320 care services at a hospital that reports or has reported a
321 negative operating margin for the previous fiscal year to the
322 Agency for Health Care Administration through hospital-audited
323 financial data; and
324 (e) The department may not execute a contract for health
325 care services at a hospital for rates other than rates based on
326 a percentage of the Medicare allowable rate.
327 (2) As used in this section, the term “hospital” means a
328 hospital licensed under chapter 395, Florida Statutes.
329 (3) This section expires July 1, 2014.
330 Section 12. In order to implement section 7 of the 2013
331 2014 General Appropriations Act, subsection (2) of section
332 215.18, Florida Statutes, is amended to read:
333 215.18 Transfers between funds; limitation.—
334 (2) The Chief Justice of the Supreme Court may receive one
335 or more trust fund loans to ensure that the state court system
336 has funds sufficient to meet its appropriations in the 2013-2014
337 2012-2013 General Appropriations Act. If the Chief Justice
338 accesses the loan, he or she must notify the Governor and the
339 chairs of the legislative appropriations committees in writing.
340 The loan must come from other funds in the State Treasury which
341 are for the time being or otherwise in excess of the amounts
342 necessary to meet the just requirements of the such last
343 mentioned funds. The Governor shall order the transfer of funds
344 within 5 days after the written notification from the Chief
345 Justice. If the Governor does not order the transfer, the Chief
346 Financial Officer shall transfer the requested funds. The loan
347 of funds from which any money is temporarily transferred must be
348 repaid by the end of the 2013-2014 2012-2013 fiscal year. This
349 subsection expires July 1, 2014 2013.
350 Section 13. In order to implement Specific Appropriation
351 769 of the 2013-2014 General Appropriations Act, and
352 notwithstanding s. 28.2455, Florida Statutes, any funds
353 remaining in the Clerks of Court Trust Fund may not be
354 transferred to the General Revenue Fund and remain available to
355 the clerks of court for expenditures during the 2013-2014 fiscal
356 year. This section shall take effect upon this act becoming a
357 law and expires July 1, 2014.
358 Section 14. In order to implement section 7 of the 2013
359 2014 General Appropriations Act, paragraph (c) of subsection (4)
360 of section 29.008, Florida Statutes, is amended to read:
361 29.008 County funding of court-related functions.—
362 (4)
363 (c) Counties are exempt from all requirements and
364 provisions of paragraph (a) for the 2013-2014 2012-2013 fiscal
365 year. Accordingly, for the 2013-2014 2012-2013 fiscal year,
366 counties shall maintain, but are not required to increase, their
367 expenditures for the items specified in paragraphs (1)(a)-(h)
368 and subsection (3). The requirements described in paragraph (a)
369 shall be reinstated beginning with the 2014-2015 2013-2014
370 fiscal year. This paragraph expires July 1, 2014 2013.
371 Section 15. (1) In order to implement Specific
372 Appropriations 602 through 736 of the 2013-2014 General
373 Appropriations Act, the Department of Corrections must comply
374 with the following performance and reporting requirements:
375 (a) Proviso language.—
376 1. The department shall provide a report summarizing the
377 department’s implementation of proviso language from Specific
378 Appropriations 602 through 736 which includes, but is not
379 limited to, the total amount of expenditures; vendor and
380 contractual information, including award dates and current
381 status of procurements; the total number of full-time employees
382 (FTEs) funded through the proviso; the number of inmates or
383 offenders, and a list of facilities receiving services. The
384 department shall provide specific reasons for not implementing
385 any proviso language.
386 2. If the reports required pursuant to subparagraph 1. do
387 not demonstrate a change in the reported status toward
388 implementation of each separate proviso for 2 consecutive
389 calendar quarters, the department is in noncompliance with this
390 performance requirement.
391 (b) Health services.—The department shall report the
392 following information related to the provision of correctional
393 health care services:
394 1. The status of all health services outsourcing
395 initiatives, including the timeline and estimated cost savings.
396 2. The status and estimated savings for the 340B Program,
397 including prior estimates of savings, actual savings, and
398 estimated future savings.
399 3. The adequacy of health care, including, but not limited
400 to, inmate grievances, contract monitoring, external agency
401 reviews, and audit findings.
402 4. For the department’s Office of Health Services, a
403 listing of position resignations, retirements, and transfers,
404 and the number of positions vacant for more than 60 days, by
405 title and facility. The department should include an explanation
406 for any positions that remain unfilled for 90 days or longer.
407 5. The ratio of contracted or temporary employee hours to
408 the total hours worked for the reporting period.
409 (c) Staffing.–The department shall report the following
410 information related to security and managerial staffing:
411 1. The number of security position resignations,
412 terminations, retirements, and transfers; the number of security
413 officers hired, including the number hired in trainee status;
414 the average number of vacant security positions per day; and the
415 total number of certified correctional officers, trainees, and
416 vacancies by institution at the end of each month.
417 2. The identification of any institution that exceeded a 10
418 percent vacancy rate for its security positions or that had more
419 than 10 percent of its security officers in trainee status at
420 any time during the month, as well as any other security
421 staffing issues or concerns that the department has experienced
422 for all other institutions.
423 3. The number of selected exempt service (SES) and senior
424 management service (SMS) position resignations, retirements, and
425 transfers by position title; the number of SES and SMS personnel
426 hired by position title; the average number of vacant positions
427 per day; and the total number of SES and SMS positions filled
428 and vacant, by location, at the end of each month.
429 (d) Procurement of contractual services.—The department
430 shall report the following information related to the
431 procurement of contractual services:
432 1. The date of issuance, type, and description of any
433 procurement mechanisms, including, but not limited to,
434 invitation to bid (ITB), request for proposal (RFP), or
435 invitation to negotiate (ITN); the number of responding bidders;
436 the dates of past and upcoming scheduled actions; the status and
437 related cause of any bid protests; the anticipated award date,
438 plus explanation, if this has changed since the previous
439 quarterly report, for each procurement of contractual services
440 of more than $100,000 and not yet awarded as of June 30, 2013.
441 The department must also include internet links to all available
442 supporting documentation available on the Vendor Bid System. If
443 no action has been taken on a procurement, the department must
444 give a reason for the lack of action.
445 2. The department shall procure an electronic time and
446 attendance system; develop, with the successful vendor, a
447 timetable that will implement the system on a quarterly basis
448 beginning with twelve major institutions by December 31, 2013,
449 and complete implementation at all other major institutions by
450 June 30, 2014; complete implementation at the twelve major
451 institutions by December 31, 2013; and complete implementation
452 of the system at all other major institutions by June 30, 2014.
453 The department may submit budget amendments as required to
454 comply with this benchmark.
455 3. The department’s food service per diem.
456 (e) Identification cards for inmates.—
457 1. The department shall report the following information
458 related to state identification cards:
459 a. The number of inmates released from facilities per
460 month.
461 b. The number of inmates transferred to public and private
462 work release centers per month.
463 c. The number of inmates eligible for, but not housed in,
464 work release facilities.
465 d. The number and percentage of inmates released or
466 transferred per month without valid Florida identification
467 cards, social security cards, or birth certificates.
468 2. The number and percentage of inmates released each
469 quarter without identification must be 10 percent less than the
470 number of inmates released the preceding quarter without
471 identification.
472 (f) Work release and reentry.—
473 1. The department shall report the following information
474 related to inmates transferred to public and private work
475 release centers and to reentry initiatives:
476 a. The number and percentage of inmates in work release
477 centers and reentry programs categorized by the length of time,
478 in months, from the date of transfer or entrance to the
479 forecasted release date.
480 b. The number and percentage of work release inmates
481 employed by facility.
482 c. The number of escapes and the number of inmates returned
483 to secure facilities.
484 2. The number of employed work release inmates must
485 increase each quarter as compared to the number of employed work
486 release inmates during the preceding quarter.
487 (g) Performance Reports.—The department shall provide all
488 performance reports required under this section to the Governor,
489 the President of the Senate, and the Speaker of the House of
490 Representatives quarterly, by September 30, 2013, December 31,
491 2013, March 31, 2014, and June 30, 2014.
492 (h) Compliance.—
493 1. If the department does not meet the benchmarks in
494 subparagraphs (a)2., (d)2., (e)2., and (f)2. in a quarter or
495 fails to timely submit a complete report as required by
496 paragraph (g), the salary of each employee of the department who
497 is in Pay Plan 09, excluding those employees whose primary
498 responsibility is overseeing the health services provided to
499 inmates, shall be reduced by 10 percent for each quarter. Once a
500 10 percent reduction takes effect that reduction shall continue
501 in effect for all subsequent pay periods for the remainder of
502 the 2013-2014 fiscal year.
503 2. With respect to the report due by September 30, 2013,
504 the reductions are effective for the first pay period that
505 begins on or after January 1, 2014; with respect to the report
506 due by December 31, 2013, the reductions are effective for the
507 first pay period that begins on or after April 1, 2014.
508 3. For the third quarter of the 2013-2014 fiscal year, 10
509 percent of the total salaries of all employees of the department
510 who are in Pay Plan 09, excluding those employees whose primary
511 responsibility is overseeing health services provided to
512 inmates, shall be placed in reserve. For the fourth quarter of
513 the 2013-2014 fiscal year, 20 percent of the total salaries of
514 all employees of the department who are in Pay Plan 09,
515 excluding those employees whose primary responsibility is
516 overseeing health services provided to inmates, shall be placed
517 in reserve.
518 4. If the department timely submits the complete report for
519 each respective quarter and the Governor determines that the
520 department has complied with the benchmarks established in
521 subparagraphs (a)2., (d)2., (e)2., and (f)2. for the respective
522 quarter, the Governor may propose a budget amendment pursuant to
523 s. 216.181, Florida Statutes, to release the appropriate amount
524 of funds for the salaries of the affected employees for that
525 quarter. Any such amendment is subject to the notice, review,
526 and objection procedures of s. 216.177, Florida Statutes.
527 (2) This section expires July 1, 2014.
528 Section 16. In order to implement Specific Appropriations
529 2684 through 2695 of the 2013-2014 General Appropriations Act,
530 the Department of Management Services shall use interest
531 earnings of the Communications Working Capital Trust Fund as the
532 funding source for its responsibilities relating to the
533 administration of the MyFlorida.com portal.
534 Section 17. In order to implement appropriations used for
535 the payment of existing lease contracts for privately owned
536 space in excess of 2,000 square feet in the 2013-2014 General
537 Appropriations Act, the Department of Management Services,
538 together with the agencies that have the existing lease
539 contracts, shall use tenant broker services to renegotiate or
540 reprocure all private lease agreements expiring between July 1,
541 2014, and June 30, 2016, in order to achieve a cost reduction in
542 future years. The department shall incorporate this initiative
543 into its 2013 Master Leasing Report and may use tenant broker
544 services to explore the possibilities of collocation, to review
545 the space needs of each agency, and to review the length and
546 terms of potential renewals or renegotiations. The department
547 shall provide a report by March 1, 2014, to the Executive Office
548 of the Governor, the President of the Senate, and the Speaker of
549 the House of Representatives which lists each lease contract for
550 private office or storage space, the status of renegotiations,
551 and the savings achieved. This section expires July 1, 2014.
552 Section 18. In order to implement Specific Appropriations
553 3073A through 3073L of the 2013-2014 General Appropriations Act,
554 and notwithstanding s. 215.199(2), Florida Statutes, funds
555 available in the Audit and Warrant Clearing Trust Fund for
556 subsequent distribution to the General Revenue Fund shall be
557 available to the tax collection service provider, as defined in
558 s. 443.036, Florida Statutes, who shall make the interest
559 payment required under s. 443.131(5), Florida Statutes, to the
560 Federal Government in the amount directed by the Governor or the
561 Governor’s designee.
562 Section 19. In order to implement Specific Appropriations
563 1619 and 1681A of the 2013-2014 General Appropriations Act,
564 paragraph (b) of subsection (3) of section 375.041, Florida
565 Statutes, is amended, and paragraph (c) is added to that
566 subsection, to read:
567 375.041 Land Acquisition Trust Fund.—
568 (3)
569 (b) In addition to the uses allowed under paragraph (a),
570 for the 2013-2014 2012-2013 fiscal year, moneys in the Land
571 Acquisition Trust Fund may be transferred are authorized for
572 transfer to support the Total Maximum Daily Loads Program,
573 Drinking Water Revolving Loan Trust Fund, and Wastewater
574 Treatment and Stormwater Management Revolving Loan Trust Fund as
575 provided in the General Appropriations Act. This paragraph
576 expires July 1, 2014 2013.
577 (c) For the 2013-2014 fiscal year only, moneys in the Land
578 Acquisition Trust Fund may be transferred to the Save Our
579 Everglades Trust Fund for Everglades restoration. This paragraph
580 expires July 1, 2014.
581 Section 20. In order to implement Specific Appropriation
582 1596A and 1599 of the 2013-2014 General Appropriations Act,
583 subsection (12) of section 373.59, Florida Statutes, is amended
584 to read:
585 373.59 Water Management Lands Trust Fund.—
586 (12) Notwithstanding subsection (8), and for the 2013-2014
587 2012-2013 fiscal year only, the moneys from the Water Management
588 Lands Trust Fund are allocated as follows:
589 (a) An amount necessary to pay debt service on bonds issued
590 before February 1, 2009, by the South Florida Water Management
591 District and the St. Johns River Water Management District,
592 which are secured by revenues provided pursuant to this section,
593 or to fund debt service reserve funds, rebate obligations, or
594 other amounts payable with respect to such bonds;
595 (b) Eight million dollars to be transferred to the General
596 Revenue Fund; and
597 (c) Three million dollars to be distributed to the Suwannee
598 River Water Management District for springs restoration and
599 protection projects;
600 (d) Moneys in the Water Management Lands Trust Fund may be
601 transferred to the Save Our Everglades Trust Fund for Everglades
602 Restoration; and
603 (e)(c) The remaining appropriation to be distributed to the
604 Suwannee River Water Management District.
605
606 This subsection expires July 1, 2014 2013.
607 Section 21. In order to implement Specific Appropriation
608 1600 of the 2013-2014 General Appropriations Act, the recurring
609 $12 million appropriated from the General Revenue Fund and the
610 recurring $20 million appropriated from the Water Management
611 Lands Trust Fund to the Department of Environmental Protection
612 for the Restoration Strategies Regional Water Quality Plan
613 contained in Committee Substitute for Senate Bill 768, or
614 similar legislation enacted during the 2013 Regular Session of
615 the Legislature, shall be deposited into the Save Our Everglades
616 Trust Fund within the department to be spent for the Restoration
617 Strategies Regional Water Quality Plan, pursuant to Specific
618 Appropriation 1600.
619 Section 22. In order to implement Specific Appropriation
620 1671 of the 2013-2014 General Appropriations Act, subsection (5)
621 of section 403.7095, Florida Statutes, is amended to read:
622 403.7095 Solid waste management grant program.—
623 (5) Notwithstanding any other provision of this section,
624 and for the 2013-2014 2012-2013 fiscal year only, the Department
625 of Environmental Protection shall award the sum of $2,400,000 in
626 grants equally to counties having populations of fewer than
627 100,000 for waste tire and litter prevention, recycling
628 education, and general solid waste programs. This subsection
629 expires July 1, 2014 2013.
630 Section 23. In order to implement Specific Appropriation
631 1681B of the 2013-2014 General Appropriations Act, paragraph (m)
632 of subsection (3) of section 259.105, Florida Statutes, is
633 amended to read:
634 259.105 The Florida Forever Act.—
635 (3) Less the costs of issuing and the costs of funding
636 reserve accounts and other costs associated with bonds, the
637 proceeds of cash payments or bonds issued pursuant to this
638 section shall be deposited into the Florida Forever Trust Fund
639 created by s. 259.1051. The proceeds shall be distributed by the
640 Department of Environmental Protection in the following manner:
641 (m) Notwithstanding paragraphs (a)-(j) and for the 2013
642 2014 2012-2013 fiscal year only, $10 million the moneys
643 appropriated from the Florida Forever Trust Fund shall be
644 distributed only to the Division of State Lands within the
645 Department of Environmental Protection for Board of Trustees
646 Florida Forever Priority List land acquisition projects that
647 provide conservation lands to protect the state’s military
648 installations against encroachment land acquisitions that are
649 less-than-fee interest or for partnerships in which the state’s
650 portion of the acquisition cost is no more than 50 percent. This
651 paragraph expires July 1, 2014 2013.
652 Section 24. In order to implement Specific Appropriation
653 1835A of the 2013-2014 General Appropriations Act, paragraph (i)
654 is added to subsection (4) of section 339.135, Florida Statutes,
655 and paragraph (d) is added to subsection (5) of that section, to
656 read:
657 339.135 Work program; legislative budget request;
658 definitions; preparation, adoption, execution, and amendment.—
659 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
660 (i) Notwithstanding paragraph (a), and for the 2013-2014
661 fiscal year only, the Department of Transportation may use
662 appropriated funds for the purpose of funding the costs of land
663 acquisition, design, and construction of multiuse trails and
664 related facilities. Funds specifically appropriated for this
665 purpose may not reduce, delete, or defer any existing projects
666 funded as of July 1, 2013, in the Department of Transportation
667 5-year work program. This paragraph expires July 1, 2014.
668 (5) ADOPTION OF THE WORK PROGRAM.—
669 (d) Notwithstanding paragraph (a), and for the 2013-2014
670 fiscal year only, the Department of Transportation may use
671 appropriated funds for the purpose of funding the costs of land
672 acquisition, design, and construction of multiuse trails and
673 related facilities. Funds specifically appropriated for this
674 purpose may not reduce, delete, or defer any existing projects
675 funded as of July 1, 2013, in the Department of Transportation
676 5-year work program. This paragraph expires July 1, 2014.
677 Section 25. In order to implement Specific Appropriation
678 1835A of the 2013-2014 General Appropriations Act, subsection
679 (4) is added to section 335.065, Florida Statutes, to read:
680 335.065 Bicycle and pedestrian ways along state roads and
681 transportation facilities.—
682 (4) Notwithstanding any other provision of law, the
683 department may use funds specifically appropriated for the
684 purpose of the acquisition and development of an integrated
685 system of interconnected multiuse trails of statewide
686 significance and to pay the costs of land acquisition, design,
687 and construction of trails and related facilities. When
688 selecting projects for funding under this section, the
689 department shall give priority to trail projects that have been
690 identified by the Florida Greenways and Trails Council as a
691 priority within the Florida Greenways and Trails System pursuant
692 to chapter 260 and shall provide trail connectivity by
693 eliminating gaps between existing trails. All projects funded
694 under this section shall be included in the department’s work
695 program developed pursuant to s. 339.135. This subsection
696 expires July 1, 2014.
697 Section 26. In order to implement Specific Appropriation
698 1827 of the 2013-2014 General Appropriations Act, present
699 paragraph (n) of subsection (1) of section 339.08, Florida
700 Statutes, is redesignated as paragraph (o), and a new paragraph
701 (n) is added to that subsection, to read:
702 339.08 Use of moneys in State Transportation Trust Fund.—
703 (1) The department shall expend moneys in the State
704 Transportation Trust Fund accruing to the department, in
705 accordance with its annual budget. The use of such moneys shall
706 be restricted to the following purposes:
707 (n) To pay administrative expenses incurred in accordance
708 with applicable laws by the multicounty transportation authority
709 created under chapter 343 where the jurisdiction for the
710 authority includes a portion of the State Highway System and the
711 expenses are in furtherance of the provisions of chapter 2012
712 174, Laws of Florida, to provide a financial analysis of the
713 cost savings to be achieved by the consolidation of transit
714 authorities within the region. This paragraph expires July 1,
715 2014.
716 Section 27. In order to implement the appropriation of
717 funds in appropriation category “Special Categories-Risk
718 Management Insurance” in the 2013-2014 General Appropriations
719 Act, and pursuant to the notice, review, and objection
720 procedures of s. 216.177, Florida Statutes, the Executive Office
721 of the Governor may transfer funds appropriated in that category
722 between departments in order to align the budget authority
723 granted with the premiums paid by each department for risk
724 management insurance. This section expires July 1, 2014.
725 Section 28. In order to implement the appropriation of
726 funds in the appropriation category “Special Categories-Transfer
727 to Department of Management Services-Human Resources Services
728 Purchased Per Statewide Contract” in the 2013-2014 General
729 Appropriations Act, and pursuant to the notice, review, and
730 objection procedures of s. 216.177, Florida Statutes, the
731 Executive Office of the Governor may transfer funds appropriated
732 in that category between departments in order to align the
733 budget authority granted with the assessments that must be paid
734 by each agency to the Department of Management Services for
735 human resource management services. This section expires July 1,
736 2014.
737 Section 29. In order to implement specific appropriations
738 for salaries and benefits in the 2013-2014 General
739 Appropriations Act, paragraph (a) of subsection (12) of section
740 110.123, Florida Statutes, is amended to read:
741 110.123 State group insurance program.—
742 (12) HEALTH SAVINGS ACCOUNTS.—The department is authorized
743 to establish health savings accounts for full-time and part-time
744 state employees in association with a health insurance plan
745 option authorized by the Legislature and conforming to the
746 requirements and limitations of federal provisions relating to
747 the Medicare Prescription Drug, Improvement, and Modernization
748 Act of 2003.
749 (a)1. A member participating in this health insurance plan
750 option is eligible to receive an employer contribution into the
751 employee’s health savings account from the State Employees
752 Health Insurance Trust Fund in an amount to be determined by the
753 Legislature. A member is not eligible for an employer
754 contribution upon termination of employment. For the 2013-2014
755 2012-2013 fiscal year, the state’s monthly contribution for
756 employees having individual coverage shall be $41.66 and the
757 monthly contribution for employees having family coverage shall
758 be $83.33.
759 2. A member participating in this health insurance plan
760 option is eligible to deposit the member’s own funds into a
761 health savings account.
762 Section 30. In order to implement specific appropriations
763 for salaries and benefits in the 2013-2014 General
764 Appropriations Act, subsection (6) of section 112.24, Florida
765 Statutes, is amended to read:
766 112.24 Intergovernmental interchange of public employees.
767 To encourage economical and effective utilization of public
768 employees in this state, the temporary assignment of employees
769 among agencies of government, both state and local, and
770 including school districts and public institutions of higher
771 education is authorized under terms and conditions set forth in
772 this section. State agencies, municipalities, and political
773 subdivisions are authorized to enter into employee interchange
774 agreements with other state agencies, the Federal Government,
775 another state, a municipality, or a political subdivision
776 including a school district, or with a public institution of
777 higher education. State agencies are also authorized to enter
778 into employee interchange agreements with private institutions
779 of higher education and other nonprofit organizations under the
780 terms and conditions provided in this section. In addition, the
781 Governor or the Governor and Cabinet may enter into employee
782 interchange agreements with a state agency, the Federal
783 Government, another state, a municipality, or a political
784 subdivision including a school district, or with a public
785 institution of higher learning to fill, subject to the
786 requirements of chapter 20, appointive offices which are within
787 the executive branch of government and which are filled by
788 appointment by the Governor or the Governor and Cabinet. Under
789 no circumstances shall employee interchange agreements be
790 utilized for the purpose of assigning individuals to participate
791 in political campaigns. Duties and responsibilities of
792 interchange employees shall be limited to the mission and goals
793 of the agencies of government.
794 (6) For the 2013-2014 2012-2013 fiscal year only, the
795 assignment of an employee of a state agency as provided in this
796 section may be made if recommended by the Governor or Chief
797 Justice, as appropriate, and approved by the chairs of the
798 legislative appropriations committees. Such actions shall be
799 deemed approved if neither chair provides written notice of
800 objection within 14 days after the chair’s receiving notice of
801 the action pursuant to s. 216.177. This subsection expires July
802 1, 2014 2013.
803 Section 31. In order to implement Specific Appropriations
804 2550 and 2551 of the 2013-2014 General Appropriations Act and
805 notwithstanding s. 11.13(1), Florida Statutes, the authorized
806 salaries for members of the Legislature for the 2013-2014 fiscal
807 year shall be set at the same level in effect on July 1, 2010.
808 This section expires July 1, 2014.
809 Section 32. In order to implement the transfer of funds to
810 the General Revenue Fund from trust funds in the 2013-2014
811 General Appropriations Act, paragraph (b) of subsection (2) of
812 section 215.32, Florida Statutes, is reenacted to read:
813 215.32 State funds; segregation.—
814 (2) The source and use of each of these funds shall be as
815 follows:
816 (b)1. The trust funds shall consist of moneys received by
817 the state which under law or under trust agreement are
818 segregated for a purpose authorized by law. The state agency or
819 branch of state government receiving or collecting such moneys
820 is responsible for their proper expenditure as provided by law.
821 Upon the request of the state agency or branch of state
822 government responsible for the administration of the trust fund,
823 the Chief Financial Officer may establish accounts within the
824 trust fund at a level considered necessary for proper
825 accountability. Once an account is established, the Chief
826 Financial Officer may authorize payment from that account only
827 upon determining that there is sufficient cash and releases at
828 the level of the account.
829 2. In addition to other trust funds created by law, to the
830 extent possible, each agency shall use the following trust funds
831 as described in this subparagraph for day-to-day operations:
832 a. Operations or operating trust fund, for use as a
833 depository for funds to be used for program operations funded by
834 program revenues, with the exception of administrative
835 activities when the operations or operating trust fund is a
836 proprietary fund.
837 b. Operations and maintenance trust fund, for use as a
838 depository for client services funded by third-party payors.
839 c. Administrative trust fund, for use as a depository for
840 funds to be used for management activities that are departmental
841 in nature and funded by indirect cost earnings and assessments
842 against trust funds. Proprietary funds are excluded from the
843 requirement of using an administrative trust fund.
844 d. Grants and donations trust fund, for use as a depository
845 for funds to be used for allowable grant or donor agreement
846 activities funded by restricted contractual revenue from private
847 and public nonfederal sources.
848 e. Agency working capital trust fund, for use as a
849 depository for funds to be used pursuant to s. 216.272.
850 f. Clearing funds trust fund, for use as a depository for
851 funds to account for collections pending distribution to lawful
852 recipients.
853 g. Federal grant trust fund, for use as a depository for
854 funds to be used for allowable grant activities funded by
855 restricted program revenues from federal sources.
856
857 To the extent possible, each agency must adjust its internal
858 accounting to use existing trust funds consistent with the
859 requirements of this subparagraph. If an agency does not have
860 trust funds listed in this subparagraph and cannot make such
861 adjustment, the agency must recommend the creation of the
862 necessary trust funds to the Legislature no later than the next
863 scheduled review of the agency’s trust funds pursuant to s.
864 215.3206.
865 3. All such moneys are hereby appropriated to be expended
866 in accordance with the law or trust agreement under which they
867 were received, subject always to the provisions of chapter 216
868 relating to the appropriation of funds and to the applicable
869 laws relating to the deposit or expenditure of moneys in the
870 State Treasury.
871 4.a. Notwithstanding any provision of law restricting the
872 use of trust funds to specific purposes, unappropriated cash
873 balances from selected trust funds may be authorized by the
874 Legislature for transfer to the Budget Stabilization Fund and
875 General Revenue Fund in the General Appropriations Act.
876 b. This subparagraph does not apply to trust funds required
877 by federal programs or mandates; trust funds established for
878 bond covenants, indentures, or resolutions whose revenues are
879 legally pledged by the state or public body to meet debt service
880 or other financial requirements of any debt obligations of the
881 state or any public body; the Division of Licensing Trust Fund
882 in the Department of Agriculture and Consumer Services; the
883 State Transportation Trust Fund; the trust fund containing the
884 net annual proceeds from the Florida Education Lotteries; the
885 Florida Retirement System Trust Fund; trust funds under the
886 management of the State Board of Education or the Board of
887 Governors of the State University System, where such trust funds
888 are for auxiliary enterprises, self-insurance, and contracts,
889 grants, and donations, as those terms are defined by general
890 law; trust funds that serve as clearing funds or accounts for
891 the Chief Financial Officer or state agencies; trust funds that
892 account for assets held by the state in a trustee capacity as an
893 agent or fiduciary for individuals, private organizations, or
894 other governmental units; and other trust funds authorized by
895 the State Constitution.
896 Section 33. The amendment to s. 215.32(2)(b), Florida
897 Statutes, as carried forward by this act from chapter 2011-47,
898 Laws of Florida, shall expire July 1, 2014, and the text of that
899 paragraph shall revert to that in existence on June 30, 2011,
900 except that any amendments to such text enacted other than by
901 this act shall be preserved and continue to operate to the
902 extent that such amendments are not dependent upon the portions
903 of text which expire pursuant to this section.
904 Section 34. In order to implement the transfer of moneys to
905 the General Revenue Fund from trust funds in the 2013-2014
906 General Appropriations Act, paragraph (b) of subsection (4) of
907 section 215.5601, Florida Statutes, is reenacted to read:
908 215.5601 Lawton Chiles Endowment Fund.—
909 (4) ADMINISTRATION.—
910 (b) The endowment shall be managed as an annuity. The
911 investment objective is the long-term preservation of the real
912 value of the net contributed principal and a specified regular
913 annual cash outflow for appropriation, as nonrecurring revenue.
914 From the annual cash outflow, a pro rata share shall be used
915 solely for biomedical research activities as provided in
916 paragraph (3)(d), until such time as cures are found for
917 tobacco-related cancer and heart and lung disease. Five percent
918 of the annual cash outflow dedicated to the biomedical research
919 portion of the endowment shall be reinvested and applied to that
920 portion of the endowment’s principal, with the remainder to be
921 spent on biomedical research activities consistent with this
922 section. The schedule of annual cash outflow must be included
923 within the investment plan adopted under paragraph (a).
924 Withdrawals other than specified regular cash outflow are
925 considered reductions in contributed principal for the purposes
926 of this subsection.
927 Section 35. The amendment to s. 215.5601(4)(b), Florida
928 Statutes, as carried forward by this act from chapter 2011-47,
929 Laws of Florida, expires July 1, 2014, and the text of that
930 paragraph 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 36. In order to implement the issuance of new debt
936 authorized in the 2013-2014 General Appropriations Act, and
937 pursuant to s. 215.98, Florida Statutes, the Legislature
938 determines that the authorization and issuance of debt for the
939 2013-2014 fiscal year should be implemented, is in the best
940 interest of the state, and necessary to address a critical state
941 emergency. This section expires July 1, 2014.
942 Section 37. In order to implement the funds appropriated in
943 the 2013-2014 General Appropriations Act for state employee
944 travel, the funds appropriated to each state agency, which may
945 be used for travel by state employees, shall be limited during
946 the 2013-2014 fiscal year to travel for activities that are
947 critical to each state agency’s mission. Funds may not be used
948 for travel by state employees to foreign countries, other
949 states, conferences, staff-training activities, or other
950 administrative functions unless the agency head has approved, in
951 writing, that such activities are critical to the agency’s
952 mission. The agency head shall consider using teleconferencing
953 and other forms of electronic communication to meet the needs of
954 the proposed activity before approving mission-critical travel.
955 This section does not apply to travel for law enforcement
956 purposes, military purposes, emergency management activities, or
957 public health activities. This section expires July 1, 2014.
958 Section 38. In order to implement appropriations authorized
959 in the 2013-2014 General Appropriations Act for data center
960 services scheduled for consolidation in the 2013-2014 fiscal
961 year, and pursuant to the notice, review, and objection
962 procedures of s. 216.177, Florida Statutes, the consolidating
963 agencies may request the transfer of resources between Data
964 Processing Services appropriation categories and the
965 appropriation categories for operations based upon changes to
966 the consolidation schedule. This section expires July 1, 2014.
967 Section 39. In order to implement appropriations authorized
968 in the 2013-2014 General Appropriations Act for each of the
969 state’s designated primary data centers funded from the data
970 processing appropriation category for computing services of user
971 agencies, and pursuant to the notice, review, and objection
972 procedures of s. 216.177, Florida Statutes, the Executive Office
973 of the Governor may transfer funds appropriated for data
974 processing in the 2013-2014 General Appropriations Act between
975 agencies in order to align the budget authority granted with the
976 utilization rate of each department. This section expires July
977 1, 2014.
978 Section 40. In order to implement section 8 of the General
979 Appropriations Act for the 2013-2014 fiscal year, paragraph (b)
980 of subsection (2) and paragraph (a) of subsection (7) of section
981 110.12315, Florida Statutes, as amended by section 52 of chapter
982 2012-119, Laws of Florida, are reenacted to read:
983 110.12315 Prescription drug program.—The state employees’
984 prescription drug program is established. This program shall be
985 administered by the Department of Management Services, according
986 to the terms and conditions of the plan as established by the
987 relevant provisions of the annual General Appropriations Act and
988 implementing legislation, subject to the following conditions:
989 (2) In providing for reimbursement of pharmacies for
990 prescription medicines dispensed to members of the state group
991 health insurance plan and their dependents under the state
992 employees’ prescription drug program:
993 (b) There shall be a 30-day supply limit for prescription
994 card purchases and 90-day supply limit for mail order or mail
995 order prescription drug purchases. The Department of Management
996 Services may implement a 90-day supply limit program for certain
997 maintenance drugs as determined by the department at retail
998 pharmacies participating in the program if the department
999 determines it to be in the best financial interest of the state.
1000 (7) Under the state employees’ prescription drug program
1001 copayments must be made as follows:
1002 (a) Effective January 1, 2012, for the State Group Health
1003 Insurance Standard Plan:
1004 1. For generic drug with card $7.
1005 2. For preferred brand name drug with card $30.
1006 3. For nonpreferred brand name drug with card $50.
1007 4. For generic mail order drug $14.
1008 5. For preferred brand name mail order drug $60.
1009 6. For nonpreferred brand name mail order drug $100.
1010 Section 41. Section 53 of chapter 2012-119, Laws of
1011 Florida, is repealed.
1012 Section 42. Any section of this act which implements a
1013 specific appropriation or specifically identified proviso
1014 language in the 2013-2014 General Appropriations Act is void if
1015 the specific appropriation or specifically identified proviso
1016 language is vetoed. Any section of this act which implements
1017 more than one specific appropriation or more than one portion of
1018 specifically identified proviso language in the 2013-2014
1019 General Appropriations Act is void if all the specific
1020 appropriations or portions of specifically identified proviso
1021 language are vetoed.
1022 Section 43. If any other act passed during the 2013 Regular
1023 Session contains a provision that is substantively the same as a
1024 provision in this act, but that removes or is otherwise not
1025 subject to the future repeal applied to such provision by this
1026 act, the Legislature intends that the provision in the other act
1027 takes precedence and continues to operate, notwithstanding the
1028 future repeal provided by this act.
1029 Section 44. If any provision of this act or its application
1030 to any person or circumstance is held invalid, the invalidity
1031 does not affect other provisions or applications of the act
1032 which can be given effect without the invalid provision or
1033 application, and to this end the provisions of this act are
1034 severable.
1035 Section 45. Except as otherwise expressly provided in this
1036 act and except for this section, which shall take effect upon
1037 this act becoming a law, this act shall take effect July 1,
1038 2013; or, if this act fails to become a law until after that
1039 date, it shall take effect upon becoming a law and operate
1040 retroactively to July 1, 2013.