Bill Text: FL S1470 | 2010 | Regular Session | Comm Sub

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Bill Title: Implementing 2010-2011 General Appropriations Act [WPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Policy & Steering Committee on Ways and Means, companion bill(s) passed, see HB 5001 (Ch. 2010-152), HB 5003 (Ch. 2010-153) [S1470 Detail]

Download: Florida-2010-S1470-Comm_Sub.html

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Florida Senate - 2010                             CS for SB 1470 
 
By the Committee on Health and Human Services Appropriations; 
and Senator Peaden 
603-03263A-10                                         20101470c1 
1                        A bill to be entitled 
2         An act implementing the 2010-2011 General 
3         Appropriations Act; amending s. 394.908, F.S.; 
4         delaying the expiration of a provision requiring that 
5         funds appropriated for forensic mental health 
6         treatment services be allocated to certain areas of 
7         the state; prohibiting a state agency from adopting or 
8         implementing a rule or policy that mandates new 
9         nitrogen-reduction limits that apply to existing or 
10         new onsite sewage treatment systems, has the effect of 
11         requiring the use of performance-based treatment 
12         systems, or increases the cost of treatment for 
13         nitrogen reduction from onsite systems before a 
14         specified study is completed; providing for future 
15         expiration; providing for the effect of a veto of one 
16         or more specific appropriations or proviso provisions 
17         to which implementing language refers; providing for 
18         the continued operation of certain provisions, 
19         notwithstanding a future repeal or expiration provided 
20         by the act; providing for severability; providing for 
21         contingent retroactive application; providing an 
22         effective date. 
23 
24  Be It Enacted by the Legislature of the State of Florida: 
25 
26         Section 1. In order to implement Specific Appropriations 
27  324 through 345 of the 2010-2011 General Appropriations Act, 
28  paragraph (b) of subsection (3) of section 394.908, Florida 
29  Statutes, is amended to read: 
30         394.908 Substance abuse and mental health funding equity; 
31  distribution of appropriations.—In recognition of the historical 
32  inequity in the funding of substance abuse and mental health 
33  services for the department’s districts and regions and to 
34  rectify this inequity and provide for equitable funding in the 
35  future throughout the state, the following funding process shall 
36  be used: 
37         (3) 
38         (b) Notwithstanding paragraph (a) and for the 2010-2011 
39  2009-2010 fiscal year only, funds appropriated for forensic 
40  mental health treatment services shall be allocated to the areas 
41  of the state having the greatest demand for services and 
42  treatment capacity. This paragraph expires July 1, 2011 2010. 
43         Section 2. (1) In order to implement proviso following 
44  Specific Appropriation 486 of the 2010-2011 General 
45  Appropriations Act, and for the 2010-2011 fiscal year only, 
46  notwithstanding any law to the contrary, a state agency may not 
47  adopt or implement a rule or policy that: 
48         (a) Mandates or establishes new nitrogen-reduction limits 
49  that apply to existing or new onsite sewage treatment systems; 
50         (b) Has the effect of requiring the use of performance 
51  based treatment systems; or 
52         (c) Increases the cost of treatment for nitrogen reduction 
53  from onsite systems, before completion and reporting of phase II 
54  of the study required in proviso following Specific 
55  Appropriation 486 is completed. 
56         (2) This section expires July 1, 2011. 
57         Section 3. Any section of this act which implements a 
58  specific appropriation or specifically identified proviso 
59  language in the 2010-2011 General Appropriations Act is void if 
60  the specific appropriation or specifically identified proviso 
61  language is vetoed. Any section of this act which implements 
62  more than one specific appropriation or more than one portion of 
63  specifically identified proviso language in the 2010-2011 
64  General Appropriations Act is void if all the specific 
65  appropriations or portions of specifically identified proviso 
66  language are vetoed. 
67         Section 4. If any other act passed during the 2010 Regular 
68  Session contains a provision that is substantively the same as a 
69  provision in this act, but that removes or is otherwise not 
70  subject to the future repeal applied to such provision by this 
71  act, the Legislature intends that the provision in the other act 
72  takes precedence and continues to operate, notwithstanding the 
73  future repeal provided by this act. 
74         Section 5. If any provision of this act or its application 
75  to any person or circumstance is held invalid, the invalidity 
76  does not affect other provisions or applications of the act 
77  which can be given effect without the invalid provision or 
78  application, and to this end the provisions of this act are 
79  severable. 
80         Section 6. This act shall take effect July 1, 2010; or, if 
81  this act fails to become a law until after that date, it shall 
82  take effect upon becoming a law and shall operate retroactively 
83  to July 1, 2010.