Bill Text: FL S7088 | 2010 | Regular Session | Introduced


Bill Title: Implementing 2010-2011 General Appropriations Act

Spectrum: Unknown

Status: (N/A - Dead) 2010-03-25 - Submit as committee bill by Policy & Steering Committee on Ways and Means (SB 2702) [S7088 Detail]

Download: Florida-2010-S7088-Introduced.html
 
Florida Senate - 2010         (PROPOSED COMMITTEE BILL) SPB 7088 
 
FOR CONSIDERATION By the Policy and Steering Committee on Ways 
and Means 
576-02322E-10                                         20107088__ 
1                        A bill to be entitled 
2         An act implementing the 2010-2011 General 
3         Appropriations Act; providing legislative intent; 
4         amending s. 216.292, F.S.; delaying the expiration of 
5         provisions providing for the Legislative Budget 
6         Commission to review and approve recommendations by 
7         the Governor for fixed capital outlay projects funded 
8         by grants awarded from the American Recovery and 
9         Reinvestment Act of 2009; authorizing the Executive 
10         Office of the Governor to transfer funds appropriated 
11         for the American Recovery and Reinvestment Act of 2009 
12         in traditional appropriation categories in the General 
13         Appropriations Act to appropriation categories 
14         established for the specific purpose of tracking funds 
15         appropriated pursuant to that act; providing for 
16         future expiration; amending s. 110.123, F.S., relating 
17         to the state group insurance program; requiring that, 
18         for the 2010-2011 fiscal year only, the state 
19         contribution toward the cost of a plan is the 
20         difference between the overall premium and the 
21         employee contribution; authorizing the Executive 
22         Office of the Governor to transfer funds between 
23         departments for purposes of aligning amounts paid for 
24         risk management premiums and for purposes of aligning 
25         amounts paid for human resource management services; 
26         providing that the annual salary of the members of the 
27         Legislature be reduced by 7 percent; providing for 
28         future expiration; amending s. 112.24, F.S.; delaying 
29         the expiration of provisions providing conditions on 
30         the assignment of an employee of a state agency 
31         without reimbursement from the receiving agency; 
32         reenacting s. 215.32(2)(b), F.S., relating to the 
33         source and use of certain trust funds in order to 
34         implement the transfer of moneys in the General 
35         Revenue Fund from trust funds in the 2010-2011 General 
36         Appropriations Act; reenacting s. 215.5601(4)(b), 
37         F.S., relating to the administration of the Lawton 
38         Chiles Endowment Fund; providing a statement of public 
39         interest with respect to the issuance of new debt to 
40         address a critical state emergency; requiring that the 
41         Office of State Courts Administrator report to the 
42         Legislature the number of assigned new and reopened 
43         cases and the number of cases closed by each judge in 
44         each division and circuit for a specified period; 
45         authorizing the Department of Corrections and the 
46         Department of Juvenile Justice to use certain 
47         appropriated funds to assist in defraying the costs 
48         incurred by a county or a municipality to open or 
49         operate certain facilities; limiting the amount of 
50         such assistance; providing for the expiration of the 
51         authority to provide the assistance; amending s. 
52         29.008, F.S.; providing counties with an exemption 
53         from the requirement to annually increase certain 
54         expenditures by a specified percentage for the 2010 
55         2011 fiscal year; amending s. 216.262, F.S.; delaying 
56         the expiration of provisions directing the Department 
57         of Corrections to seek a budget amendment for 
58         additional positions and appropriations if the inmate 
59         population exceeds a certain estimate under certain 
60         circumstances; authorizing the Department of Legal 
61         Affairs to spend certain appropriated funds on 
62         programs that were funded by the department from 
63         specific appropriations in general appropriations acts 
64         in prior years; providing for the expiration of the 
65         authority to spend those appropriations; amending s. 
66         394.908, F.S.; delaying the expiration of a provision 
67         requiring that funds appropriated for forensic mental 
68         health treatment services be allocated to certain 
69         areas of the state; prohibiting a state agency from 
70         adopting or implementing a rule or policy that 
71         mandates new nitrogen-reduction limits that apply to 
72         existing or new onsite sewage treatment systems, has 
73         the effect of requiring the use of performance-based 
74         treatment systems, or increases the cost of treatment 
75         for nitrogen reduction from onsite systems before a 
76         specified study is completed; providing for future 
77         expiration; amending s. 253.034, F.S.; delaying the 
78         expiration of provisions authorizing the deposit of 
79         funds derived from the sale of property by the 
80         Department of Citrus into the Citrus Advertising Trust 
81         Fund; reenacting s. 255.518(1)(b), F.S., relating to 
82         the payment of obligations during the construction of 
83         a facility financed by such obligations; providing for 
84         the future expiration of certain amendments to such 
85         provision and for the reversion of statutory text; 
86         amending s. 373.59, F.S.; delaying the expiration of 
87         provisions providing for the allocation of moneys from 
88         the Water Management Lands Trust Fund for certain 
89         purposes; amending s. 375.041, F.S.; providing for the 
90         transfer of moneys from the Land Acquisition Trust 
91         Fund to support the Clean Water State Revolving Fund 
92         and Drinking Water State Revolving Fund programs, 
93         rather than to the Ecosystem Management and 
94         Restoration Trust Fund for grants and aids to local 
95         governments for water projects; providing for future 
96         expiration; reenacting s. 403.1651(1)(g), F.S., 
97         relating to the use of funds from the Ecosystem 
98         Management and Restoration Trust Fund for the purpose 
99         of funding activities to preserve and repair the 
100         state’s beaches; providing for future expiration of 
101         certain amendments to such provision and for the 
102         reversion of statutory text; amending s. 403.1651, 
103         F.S.; providing for the transfer of moneys from the 
104         Ecosystem Management and Restoration Trust Fund to the 
105         General Inspection Trust Fund for the Farm Share, Food 
106         Banks, and Mosquito Control program and the 
107         Technological Research and Development Authority; 
108         providing for future expiration; amending s. 570.20, 
109         F.S.; delaying the expiration of provisions 
110         authorizing the Department of Agriculture and Consumer 
111         Services to use funds from the General Inspection 
112         Trust Fund for certain programs; amending s. 403.7095, 
113         F.S.; delaying the expiration of provisions requiring 
114         that the Department of Environmental Protection award 
115         a specified amount in grants equally to certain 
116         counties for waste tire and litter prevention, 
117         recycling education, and general solid waste programs; 
118         authorizing the Department of Agriculture and Consumer 
119         Services to extend, revise, and renew current 
120         contracts or agreements created or entered into for 
121         the purpose of promoting agriculture; providing for 
122         future expiration; requiring the Executive Office of 
123         the Governor to sell the King Air 350 airplane; 
124         requiring the receipts from the sale of the airplane 
125         to be deposited into the Bureau of Aircraft Trust 
126         Fund; requiring the Department of Financial Services 
127         to issue a solicitation for office supplies and award 
128         a multiple supplier contract by a specified date; 
129         amending s. 339.135, F.S.; delaying the expiration of 
130         provisions requiring that the Department of 
131         Transportation transfer funds to the Office of 
132         Tourism, Trade, and Economic Development for the 
133         purpose of funding transportation-related needs of 
134         economic development; authorizing such funds to be 
135         used for the additional purposes of space and 
136         aerospace infrastructure and urban redevelopment 
137         infrastructure projects; amending s. 339.08, F.S.; 
138         delaying the expiration of provisions relating to the 
139         use of moneys in the State Transportation Trust Fund 
140         for certain administrative expenses; delaying the 
141         expiration of provisions authorizing the Department of 
142         Transportation to use moneys from the State 
143         Transportation Trust Fund to pay for county and school 
144         district transportation infrastructure improvements; 
145         amending s. 445.009, F.S.; delaying the expiration of 
146         provisions designating participants in an adult or 
147         youth work experience activity under ch. 445, F.S., as 
148         employees of the state for purposes of workers’ 
149         compensation coverage; amending s. 163.3247, F.S.; 
150         removing a provision that entitles members of the 
151         Century Commission for a Sustainable Florida to 
152         receive per diem and travel expenses; providing for 
153         future expiration of the amendment to such provision 
154         and for the reversion of statutory text; amending s. 
155         201.15, F.S.; revising provisions relating to funds 
156         deposited into the Grants and Donations Trust Fund in 
157         the Department of Community Affairs which are used to 
158         fund the Century Commission; providing for future 
159         expiration of the amendment to such provision and for 
160         the reversion of statutory text; amending s. 215.559, 
161         F.S.; delaying the expiration of provisions relating 
162         to the Hurricane Loss Mitigation Program; revising the 
163         amount appropriated for the purpose of inspecting and 
164         improving tie-downs for mobile homes; providing an 
165         appropriation to the State Logistics Response Center 
166         for certain purposes; providing an appropriation to be 
167         competitively bid to improve the wind resistance of 
168         residences and mobile homes; revising the amount 
169         allocated for the operational purposes; reenacting s. 
170         332.007(8), F.S., relating to the funding of security 
171         projects at publicly owned public-use airports; 
172         providing for the future expiration of certain 
173         amendments to such provision and for the reversion of 
174         statutory text; amending s. 216.292, F.S.; authorizing 
175         the transfer of funds for fixed capital outlay between 
176         specified appropriation categories; providing for 
177         future expiration; authorizing the Executive Office of 
178         the Governor to transfer funds for use by the state’s 
179         designated primary data centers, pursuant to statutory 
180         procedures for notice, review, and objection; 
181         authorizing agencies to transfer funds from data 
182         processing appropriation categories to other 
183         appropriation categories in order to support and 
184         manage computer resources, notwithstanding other 
185         provisions of law; authorizing the Executive Office of 
186         the Governor to transfer funds between agencies in 
187         order to allocate a reduction relating to SUNCOM; 
188         providing for future expiration; requiring that the 
189         Department of Juvenile Justice comply with specified 
190         reimbursement limitations with respect to payments to 
191         hospitals or health care providers for health care 
192         services; authorizing certain payments pursuant to a 
193         contracted rate only until the contract expires or is 
194         renewed; defining the term “hospital” for purposes of 
195         such limitations; providing for future expiration; 
196         providing for the effect of a veto of one or more 
197         specific appropriations or proviso provisions to which 
198         implementing language refers; providing for the 
199         continued operation of certain provisions, 
200         notwithstanding a future repeal or expiration provided 
201         by the act; providing for severability; providing for 
202         contingent retroactive application; providing an 
203         effective date. 
204 
205  Be It Enacted by the Legislature of the State of Florida: 
206 
207         Section 1. It is the intent of the Legislature that the 
208  implementing and administering provisions of this act apply to 
209  the General Appropriations Act for the 2010-2011 fiscal year. 
210         Section 2. In order to implement sections 2 through 7 of 
211  the 2010-2011 General Appropriations Act, paragraph (b) of 
212  subsection (5) of section 216.292, Florida Statutes, is amended 
213  to read: 
214         216.292 Appropriations nontransferable; exceptions.— 
215         (5) 
216         (b) Notwithstanding paragraph (a), and for the 2010-2011 
217  2009-2010 fiscal year only, the Governor may recommend the 
218  initiation of fixed capital outlay projects funded by grants 
219  awarded by the Federal Government through the American Recovery 
220  and Reinvestment Act of 2009. All actions taken pursuant to the 
221  authority granted in the paragraph are subject to review and 
222  approval by the Legislative Budget Commission. This paragraph 
223  expires July 1, 2011 2010. 
224         Section 3. In order to implement sections 2 through 7 of 
225  the 2010-2011 General Appropriations Act, the Executive Office 
226  of the Governor is authorized to transfer funds appropriated for 
227  the American Recovery and Reinvestment Act of 2009 (ARRA) in 
228  traditional appropriation categories in the 2010-2011 General 
229  Appropriations Act to appropriation categories established for 
230  the specific purpose of tracking funds appropriated for the 
231  ARRA. This section expires July 1, 2011. 
232         Section 4. In order to implement section 8 of the 2010-2011 
233  General Appropriations Act, paragraph (j) is added to subsection 
234  (3) of section 110.123, Florida Statutes, to read 
235         110.123 State group insurance program.— 
236         (3) STATE GROUP INSURANCE PROGRAM.— 
237         (j)Notwithstanding the provisions of paragraph (f) 
238  requiring uniform contributions, and for the 2010-2011 fiscal 
239  year only, the state contribution toward the cost of any plan in 
240  the state group insurance plan shall be the difference between 
241  the overall premium and the employee contribution. This section 
242  expires June 30, 2011. 
243         Section 5. In order to implement the appropriation of funds 
244  in Special Categories-Risk Management Insurance of the 2010-2011 
245  General Appropriations Act, and pursuant to the notice, review, 
246  and objection procedures of s. 216.177, Florida Statutes, the 
247  Executive Office of the Governor is authorized to transfer funds 
248  appropriated in the appropriation category “Special Categories 
249  Risk Management Insurance” of the 2010-2011 General 
250  Appropriations Act between departments in order to align the 
251  budget authority granted with the premiums paid by each 
252  department for risk management insurance. This section expires 
253  July 1, 2011. 
254         Section 6. In order to implement the appropriation of funds 
255  in Special Categories-Transfer to Department of Management 
256  Services-Human Resources Services Purchased Per Statewide 
257  Contract of the 2010-2011 General Appropriations Act, and 
258  pursuant to the notice, review, and objection procedures of s. 
259  216.177, Florida Statutes, the Executive Office of the Governor 
260  is authorized to transfer funds appropriated in the 
261  appropriation category “Special Categories-Transfer to 
262  Department of Management Services-Human Resources Services 
263  Purchased Per Statewide Contract” of the 2010-2011 General 
264  Appropriations Act between departments in order to align the 
265  budget authority granted with the assessments that must be paid 
266  by each agency to the Department of Management Services for 
267  human resource management services. This section expires July 1, 
268  2011. 
269         Section 7. In order to implement Specific Appropriations 
270  2768 and 2769 of the 2010-2011 General Appropriations Act: 
271         (1) Notwithstanding the provisions of s. 11.13(1), Florida 
272  Statutes, relating to the annual adjustment of salaries for 
273  members of the Legislature, to the contrary, for the 2010-2011 
274  fiscal year only, the authorized salaries of members of the 
275  Legislature in effect on June 30, 2010, shall be reduced by 7 
276  percent. 
277         (2) Effective June 30, 2011, the annual salaries of members 
278  of the Legislature shall be set at the amounts authorized and in 
279  effect on June 30, 2010, pursuant to subsection (2) of section 
280  48 of chapter 2009-82, Laws of Florida. 
281         (3) This section expires July 1, 2011. 
282         Section 8. In order to implement Specific Appropriations 
283  for salaries and benefits in the 2010-2011 General 
284  Appropriations Act, paragraph (b) of subsection (3) of section 
285  112.24, Florida Statutes, is amended to read: 
286         112.24 Intergovernmental interchange of public employees. 
287  To encourage economical and effective utilization of public 
288  employees in this state, the temporary assignment of employees 
289  among agencies of government, both state and local, and 
290  including school districts and public institutions of higher 
291  education is authorized under terms and conditions set forth in 
292  this section. State agencies, municipalities, and political 
293  subdivisions are authorized to enter into employee interchange 
294  agreements with other state agencies, the Federal Government, 
295  another state, a municipality, or a political subdivision 
296  including a school district, or with a public institution of 
297  higher education. State agencies are also authorized to enter 
298  into employee interchange agreements with private institutions 
299  of higher education and other nonprofit organizations under the 
300  terms and conditions provided in this section. In addition, the 
301  Governor or the Governor and Cabinet may enter into employee 
302  interchange agreements with a state agency, the Federal 
303  Government, another state, a municipality, or a political 
304  subdivision including a school district, or with a public 
305  institution of higher learning to fill, subject to the 
306  requirements of chapter 20, appointive offices which are within 
307  the executive branch of government and which are filled by 
308  appointment by the Governor or the Governor and Cabinet. Under 
309  no circumstances shall employee interchange agreements be 
310  utilized for the purpose of assigning individuals to participate 
311  in political campaigns. Duties and responsibilities of 
312  interchange employees shall be limited to the mission and goals 
313  of the agencies of government. 
314         (3) Salary, leave, travel and transportation, and 
315  reimbursements for an employee of a sending party that is 
316  participating in an interchange program shall be handled as 
317  follows: 
318         (b)1. The assignment of an employee of a state agency 
319  either on detail or on leave of absence may be made without 
320  reimbursement by the receiving party for the travel and 
321  transportation expenses to or from the place of the assignment 
322  or for the pay and benefits, or a part thereof, of the employee 
323  during the assignment. 
324         2. For the 2010-2011 2009-2010 fiscal year only, the 
325  assignment of an employee of a state agency as provided in 
326  subparagraph 1. may be made if recommended by the Governor or 
327  Chief Justice, as appropriate, and approved by the chairs of the 
328  Senate Policy and Steering Committee on Ways and Means and the 
329  House Full Appropriations Council on General Government and 
330  Health Care. Such actions shall be deemed approved if neither 
331  chair provides written notice of objection within 14 days after 
332  the chair’s receiving notice of the action pursuant to s. 
333  216.177. This subparagraph expires July 1, 2011 2010. 
334         Section 9. In order to implement the transfer of moneys to 
335  the General Revenue Fund from trust funds in the 2010-2011 
336  General Appropriations Act, paragraph (b) of subsection (2) of 
337  section 215.32, Florida Statutes, is reenacted to read: 
338         215.32 State funds; segregation.— 
339         (2) The source and use of each of these funds shall be as 
340  follows: 
341         (b)1. The trust funds shall consist of moneys received by 
342  the state which under law or under trust agreement are 
343  segregated for a purpose authorized by law. The state agency or 
344  branch of state government receiving or collecting such moneys 
345  shall be responsible for their proper expenditure as provided by 
346  law. Upon the request of the state agency or branch of state 
347  government responsible for the administration of the trust fund, 
348  the Chief Financial Officer may establish accounts within the 
349  trust fund at a level considered necessary for proper 
350  accountability. Once an account is established within a trust 
351  fund, the Chief Financial Officer may authorize payment from 
352  that account only upon determining that there is sufficient cash 
353  and releases at the level of the account. 
354         2. In addition to other trust funds created by law, to the 
355  extent possible, each agency shall use the following trust funds 
356  as described in this subparagraph for day-to-day operations: 
357         a. Operations or operating trust fund, for use as a 
358  depository for funds to be used for program operations funded by 
359  program revenues, with the exception of administrative 
360  activities when the operations or operating trust fund is a 
361  proprietary fund. 
362         b. Operations and maintenance trust fund, for use as a 
363  depository for client services funded by third-party payors. 
364         c. Administrative trust fund, for use as a depository for 
365  funds to be used for management activities that are departmental 
366  in nature and funded by indirect cost earnings and assessments 
367  against trust funds. Proprietary funds are excluded from the 
368  requirement of using an administrative trust fund. 
369         d. Grants and donations trust fund, for use as a depository 
370  for funds to be used for allowable grant or donor agreement 
371  activities funded by restricted contractual revenue from private 
372  and public nonfederal sources. 
373         e. Agency working capital trust fund, for use as a 
374  depository for funds to be used pursuant to s. 216.272. 
375         f. Clearing funds trust fund, for use as a depository for 
376  funds to account for collections pending distribution to lawful 
377  recipients. 
378         g. Federal grant trust fund, for use as a depository for 
379  funds to be used for allowable grant activities funded by 
380  restricted program revenues from federal sources. 
381 
382  To the extent possible, each agency must adjust its internal 
383  accounting to use existing trust funds consistent with the 
384  requirements of this subparagraph. If an agency does not have 
385  trust funds listed in this subparagraph and cannot make such 
386  adjustment, the agency must recommend the creation of the 
387  necessary trust funds to the Legislature no later than the next 
388  scheduled review of the agency’s trust funds pursuant to s. 
389  215.3206. 
390         3. All such moneys are hereby appropriated to be expended 
391  in accordance with the law or trust agreement under which they 
392  were received, subject always to the provisions of chapter 216 
393  relating to the appropriation of funds and to the applicable 
394  laws relating to the deposit or expenditure of moneys in the 
395  State Treasury. 
396         4.a. Notwithstanding any provision of law restricting the 
397  use of trust funds to specific purposes, unappropriated cash 
398  balances from selected trust funds may be authorized by the 
399  Legislature for transfer to the Budget Stabilization Fund and 
400  General Revenue Fund in the General Appropriations Act. 
401         b. This subparagraph does not apply to trust funds required 
402  by federal programs or mandates; trust funds established for 
403  bond covenants, indentures, or resolutions whose revenues are 
404  legally pledged by the state or public body to meet debt service 
405  or other financial requirements of any debt obligations of the 
406  state or any public body; the State Transportation Trust Fund; 
407  the trust fund containing the net annual proceeds from the 
408  Florida Education Lotteries; the Florida Retirement System Trust 
409  Fund; trust funds under the management of the State Board of 
410  Education or the Board of Governors of the State University 
411  System, where such trust funds are for auxiliary enterprises, 
412  self-insurance, and contracts, grants, and donations, as those 
413  terms are defined by general law; trust funds that serve as 
414  clearing funds or accounts for the Chief Financial Officer or 
415  state agencies; trust funds that account for assets held by the 
416  state in a trustee capacity as an agent or fiduciary for 
417  individuals, private organizations, or other governmental units; 
418  and other trust funds authorized by the State Constitution. 
419         Section 10. Paragraph (b) of subsection (4) of section 
420  215.5601, Florida Statutes, is reenacted to read: 
421         215.5601 Lawton Chiles Endowment Fund.— 
422         (4) ADMINISTRATION.— 
423         (b) The endowment shall be managed as an annuity. The 
424  investment objective shall be long-term preservation of the real 
425  value of the net contributed principal and a specified regular 
426  annual cash outflow for appropriation, as nonrecurring revenue. 
427  From the annual cash outflow, a pro rata share shall be used 
428  solely for biomedical research activities as provided in 
429  paragraph (3)(d), until such time as cures are found for 
430  tobacco-related cancer and heart and lung disease. Five percent 
431  of the annual cash outflow dedicated to the biomedical research 
432  portion of the endowment shall be reinvested and applied to that 
433  portion of the endowment’s principal, with the remainder to be 
434  spent on biomedical research activities consistent with this 
435  section. The schedule of annual cash outflow shall be included 
436  within the investment plan adopted under paragraph (a). 
437  Withdrawals other than specified regular cash outflow shall be 
438  considered reductions in contributed principal for the purposes 
439  of this subsection. 
440         Section 11. In order to implement the issuance of new debt 
441  authorized in the 2010-2011 General Appropriations Act, and 
442  pursuant to the requirements of s. 215.98, Florida Statutes, the 
443  Legislature determines that the authorization and issuance of 
444  debt for the 2010-2011 fiscal year should be implemented and is 
445  in the best interest of the state and necessary to address a 
446  critical state emergency. 
447         Section 12. In order to implement Specific Appropriations 
448  3238 through 3260 of the 2010-2011 General Appropriations Act, 
449  the Office of State Courts Administrator shall report by 
450  February 15, 2011, to the chairs of the Senate Policy and 
451  Steering Committee on Ways and Means and the House Full 
452  Appropriations Council on Education and Economic Development, 
453  the number of assigned new and reopened cases and the number of 
454  cases closed by each judge in each division and circuit for the 
455  period January 1, 2010, through December 31, 2010. 
456         Section 13. In order to fulfill legislative intent 
457  regarding the use of funds contained in Specific Appropriations 
458  639, 651, 663, and 1188 of the 2010-2011 General Appropriations 
459  Act, the Department of Corrections and the Department of 
460  Juvenile Justice may expend appropriated funds to assist in 
461  defraying the costs of impacts that are incurred by a 
462  municipality or county and that are associated with opening or 
463  operating a facility under the authority of the respective 
464  department. The amount paid for any facility may not exceed 1 
465  percent of the cost to construct the facility, less building 
466  impact fees imposed by the municipality or county. This section 
467  expires July 1, 2011. 
468         Section 14. In order to implement section VII of the 2010 
469  2011 General Appropriations Act, paragraph (c) is added to 
470  subsection (4) of section 29.008, Florida Statutes, to read: 
471         29.008 County funding of court-related functions.— 
472         (4) 
473         (c) Counties are exempt from all requirements and 
474  provisions of paragraph (a) for the 2010-2011 fiscal year. 
475  Accordingly, for the 2010-2011 fiscal year, counties shall 
476  maintain, but are not required to increase, their expenditures 
477  for the items specified in paragraphs (1)(a)-(h) and subsection 
478  (3). The requirements described in paragraph (a) shall be 
479  reinstated beginning with the 2011-2012 fiscal year. This 
480  paragraph expires July 1, 2011. 
481         Section 15. In order to implement Specific Appropriations 
482  629 through 728 and 747 through 781 of the 2010-2011 General 
483  Appropriations Act, subsection (4) of section 216.262, Florida 
484  Statutes, is amended to read: 
485         216.262 Authorized positions.— 
486         (4) Notwithstanding the provisions of this chapter on 
487  increasing the number of authorized positions, and for the 2010 
488  2011 2009-2010 fiscal year only, if the actual inmate population 
489  of the Department of Corrections exceeds the inmate population 
490  projections of the February 19, 2010 April 30, 2009, Criminal 
491  Justice Estimating Conference by 1 percent for 2 consecutive 
492  months or 2 percent for any month, the Executive Office of the 
493  Governor, with the approval of the Legislative Budget 
494  Commission, shall immediately notify the Criminal Justice 
495  Estimating Conference, which shall convene as soon as possible 
496  to revise the estimates. The Department of Corrections may then 
497  submit a budget amendment requesting the establishment of 
498  positions in excess of the number authorized by the Legislature 
499  and additional appropriations from unallocated general revenue 
500  sufficient to provide for essential staff, fixed capital 
501  improvements, and other resources to provide classification, 
502  security, food services, health services, and other variable 
503  expenses within the institutions to accommodate the estimated 
504  increase in the inmate population. All actions taken pursuant to 
505  the authority granted in this subsection shall be subject to 
506  review and approval by the Legislative Budget Commission. This 
507  subsection expires July 1, 2011 2010. 
508         Section 16. In order to implement Specific Appropriations 
509  1343 and 1344 of the 2010-2011 General Appropriations Act, the 
510  Department of Legal Affairs is authorized to expend appropriated 
511  funds in those specific appropriations on the same programs that 
512  were funded by the department pursuant to specific 
513  appropriations made in general appropriations acts in prior 
514  years. This section expires July 1, 2011. 
515         Section 17. In order to implement Specific Appropriations 
516  324 through 345 of the 2010-2011 General Appropriations Act, 
517  paragraph (b) of subsection (3) of section 394.908, Florida 
518  Statutes, is amended to read: 
519         394.908 Substance abuse and mental health funding equity; 
520  distribution of appropriations.—In recognition of the historical 
521  inequity in the funding of substance abuse and mental health 
522  services for the department’s districts and regions and to 
523  rectify this inequity and provide for equitable funding in the 
524  future throughout the state, the following funding process shall 
525  be used: 
526         (3) 
527         (b) Notwithstanding paragraph (a) and for the 2010-2011 
528  2009-2010 fiscal year only, funds appropriated for forensic 
529  mental health treatment services shall be allocated to the areas 
530  of the state having the greatest demand for services and 
531  treatment capacity. This paragraph expires July 1, 2011 2010. 
532         Section 18. (1)In order to implement proviso following 
533  Specific Appropriation 486 of the 2010-2011 General 
534  Appropriations Act, and for the 2010-2011 fiscal year only, 
535  notwithstanding any law to the contrary, a state agency may not 
536  adopt or implement a rule or policy that: 
537         (a)Mandates or establishes new nitrogen-reduction limits 
538  that apply to existing or new onsite sewage treatment systems; 
539         (b)Has the effect of requiring the use of performance 
540  based treatment systems; or 
541         (c)Increases the cost of treatment for nitrogen reduction 
542  from onsite systems, before completion and reporting of phase II 
543  of the study required in proviso following Specific 
544  Appropriation 486 is completed. 
545         (2)This section expires July 1, 2011. 
546         Section 19. In order to implement Specific Appropriations 
547  2379 through 2401 of the 2010-2011 General Appropriations Act, 
548  subsection (14) of section 253.034, Florida Statutes, is amended 
549  to read: 
550         253.034 State-owned lands; uses.— 
551         (14) Notwithstanding the provisions of this section, funds 
552  derived from the sale of property by the Department of Citrus 
553  located in Lakeland, Florida, are authorized to be deposited 
554  into the Citrus Advertising Trust Fund. This subsection expires 
555  July 1, 2011 2010. 
556         Section 20. In order to implement Specific Appropriation 
557  1708Q of the 2010-2011 General Appropriations Act, paragraph (b) 
558  of subsection (1) of section 255.518, Florida Statutes, is 
559  reenacted to read: 
560         255.518 Obligations; purpose, terms, approval, 
561  limitations.— 
562         (1) 
563         (b) Payment of debt service charges on obligations during 
564  the construction of any facility financed by such obligations 
565  shall be made from funds other than proceeds of obligations. 
566         Section 21. The amendment to s. 255.518(1)(b), Florida 
567  Statutes, as carried forward by this act from chapter 2008-153 
568  and chapter 2009-82, Laws of Florida, shall expire July 1, 2011, 
569  and the text of that paragraph shall revert to that in existence 
570  on June 30, 2008, except that any amendments to such text 
571  enacted other than by this act shall be preserved and continue 
572  to operate to the extent that such amendments are not dependent 
573  upon the portions of such text which expire pursuant to this 
574  section. 
575         Section 22. In order to implement Specific Appropriation 
576  1692 of the 2010-2011 General Appropriations Act, subsection 
577  (12) of section 373.59, Florida Statutes, is amended to read: 
578         373.59 Water Management Lands Trust Fund.— 
579         (12) Notwithstanding the provisions of subsection (8) and 
580  for the 2010-2011 2009-2010 fiscal year only, the moneys from 
581  the Water Management Lands Trust Fund shall be allocated as 
582  follows: 
583         (a) An amount necessary to pay debt service on bonds issued 
584  before February 1, 2009, by the South Florida Water Management 
585  District and the St. Johns River Water Management District, 
586  which are secured by revenues provided pursuant to this section, 
587  or to fund debt service reserve funds, rebate obligations, or 
588  other amounts payable with respect to such bonds; 
589         (b) Eight million dollars to be transferred to the General 
590  Revenue Fund; and 
591         (c) The remaining funds to be distributed equally between 
592  the Suwannee River Water Management District and the Northwest 
593  Florida Water Management District. 
594 
595  This subsection expires July 1, 2011 2010. 
596         Section 23. In order to implement Specific Appropriations 
597  1763, 1789, and 1790 of the 2010-2011 General Appropriations 
598  Act, paragraph (b) of subsection (3) of section 375.041, Florida 
599  Statutes, is amended to read: 
600         375.041 Land Acquisition Trust Fund.— 
601         (3) 
602         (b) In addition to the uses allowed in paragraph (a), for 
603  the 2010-2011 2008-2009 fiscal year, moneys in the Land 
604  Acquisition Trust Fund are authorized for transfer to support 
605  the Clean Water State Revolving Fund, the Drinking Water State 
606  Revolving Fund, and the Total Maximum Daily Loads programs the 
607  Ecosystem Management and Restoration Trust Fund for grants and 
608  aids to local governments for water projects as provided in the 
609  General Appropriations Act. This paragraph expires July 1, 2011 
610  2009. 
611         Section 24. In order to implement Specific Appropriations 
612  1765, 1766, 1767, 1769, and 1769A, paragraph (g) of subsection 
613  (1) of section 403.1651, Florida Statutes, is reenacted to read: 
614         403.1651 Ecosystem Management and Restoration Trust Fund.— 
615         (1) There is created the Ecosystem Management and 
616  Restoration Trust Fund to be administered by the Department of 
617  Environmental Protection for the purposes of: 
618         (g) Funding activities to preserve and repair the state’s 
619  beaches as provided in ss. 161.091-161.212. 
620         Section 25. The amendment to s. 403.1651(1)(g), Florida 
621  Statutes, as carried forward by this act from chapter 2009-82, 
622  Laws of Florida, shall expire July 1, 2011, and the text of that 
623  subsection shall revert to that in existence on June 30, 2009, 
624  except that any amendments to such text enacted other than by 
625  this act shall be preserved and continue to operate to the 
626  extent that such amendments are not dependent upon the portions 
627  of such text which expire pursuant to this section. 
628         Section 26. In order to implement Specific Appropriations 
629  1396A, 1456, 1491A, and 1493A of the 2010-2011 General 
630  Appropriations Act, subsection (3) is added to section 403.1651, 
631  Florida Statutes, to read: 
632         403.1651 Ecosystem Management and Restoration Trust Fund.— 
633         (3) For the 2010-2011 fiscal year only, moneys in the 
634  Ecosystems Management and Restoration Trust Fund are authorized 
635  for transfer to the General Inspection Trust Fund in the 
636  Department of Agriculture and Consumer Services for the Farm 
637  Share, Food Banks, and Mosquito Control programs, and the 
638  Technological Research and Development Authority. This 
639  subsection expires July 1, 2011. 
640         Section 27. In order to implement Specific Appropriations 
641  1378 through 1538 of the 2010-2011 General Appropriations Act, 
642  subsection (2) of section 570.20, Florida Statutes, is amended 
643  to read: 
644         570.20 General Inspection Trust Fund.— 
645         (2) For the 2010-2011 2009-2010 fiscal year only and 
646  notwithstanding any other provision of law to the contrary, in 
647  addition to the spending authorized in subsection (1), moneys in 
648  the General Inspection Trust Fund may be appropriated for 
649  programs operated by the department which are related to the 
650  programs authorized by this chapter. This subsection expires 
651  July 1, 2011 2010. 
652         Section 28. In order to implement Specific Appropriation 
653  1833 of the 2010-2011 General Appropriations Act, subsection (7) 
654  of section 403.7095, Florida Statutes, is amended to read: 
655         403.7095 Solid waste management grant program.— 
656         (7) Notwithstanding any provision of this section to the 
657  contrary, and for the 2010-2011 2009-2010 fiscal year only, the 
658  Department of Environmental Protection shall award the sum of 
659  $1,775,207 $2,600,000 in grants equally to counties having 
660  populations of fewer than 100,000 for waste tire and litter 
661  prevention, recycling education, and general solid waste 
662  programs. This subsection expires July 1, 2011 2010. 
663         Section 29. In order to implement Specific Appropriation 
664  1490 of the 2010-2011 General Appropriations Act and to provide 
665  consistency and continuity in the promotion of agriculture 
666  throughout the state, notwithstanding s. 287.057, Florida 
667  Statutes, the Department of Agriculture and Consumer Services, 
668  at its discretion, may extend, revise, and renew current 
669  contracts or agreements created or entered into pursuant to 
670  chapter 2006-25, Laws of Florida. This section expires July 1, 
671  2011. 
672         Section 30. In order to implement Specific Appropriations 
673  2646H through 2646O provided in the 2010-2011 General 
674  Appropriations Act, the Executive Office of the Governor shall 
675  sell the King Air 350 airplane. The receipts from the sale shall 
676  be deposited into the Bureau of Aircraft Trust Fund and expended 
677  in accordance with s. 287.161, Florida Statutes. Receipts from 
678  the sale are exempt from the service charge imposed pursuant to 
679  s. 215.20, Florida Statutes. 
680         Section 31. Notwithstanding any provision in chapter 287, 
681  Florida Statutes, to the contrary, the Department of Financial 
682  Services shall issue, by January 1, 2011, a solicitation for 
683  office supplies, and subsequently award a multiple-supplier 
684  contract with at least three awarded vendors. 
685         Section 32. In order to implement Specific Appropriation 
686  2125 in the 2010-2011 General Appropriations Act, subsection (5) 
687  of section 339.135, Florida Statutes, is amended to read: 
688         339.135 Work program; legislative budget request; 
689  definitions; preparation, adoption, execution, and amendment.— 
690         (5) ADOPTION OF THE WORK PROGRAM.— 
691         (a) The original approved budget for operational and fixed 
692  capital expenditures for the department shall be the Governor’s 
693  budget recommendation and the first year of the tentative work 
694  program, as both are amended by the General Appropriations Act 
695  and any other act containing appropriations. In accordance with 
696  the appropriations act, the department shall, prior to the 
697  beginning of the fiscal year, adopt a final work program which 
698  shall only include the original approved budget for the 
699  department for the ensuing fiscal year together with any roll 
700  forwards approved pursuant to paragraph (6)(c) and the portion 
701  of the tentative work program for the following 4 fiscal years 
702  revised in accordance with the original approved budget for the 
703  department for the ensuing fiscal year together with said roll 
704  forwards. The adopted work program may include only those 
705  projects submitted as part of the tentative work program 
706  developed under the provisions of subsection (4) plus any 
707  projects which are separately identified by specific 
708  appropriation in the General Appropriations Act and any roll 
709  forwards approved pursuant to paragraph (6)(c). However, any 
710  transportation project of the department which is identified by 
711  specific appropriation in the General Appropriations Act shall 
712  be deducted from the funds annually distributed to the 
713  respective district pursuant to paragraph (4)(a). In addition, 
714  the department shall not in any year include any project or 
715  allocate funds to a program in the adopted work program that is 
716  contrary to existing law for that particular year. Projects 
717  shall not be undertaken unless they are listed in the adopted 
718  work program. 
719         (b) Notwithstanding paragraph (a), and for the 2010-2011 
720  2009-2010 fiscal year only, the Department of Transportation 
721  shall transfer funds to the Office of Tourism, Trade, and 
722  Economic Development in an amount equal to $20,300,000 for the 
723  purpose of funding transportation-related needs of economic 
724  development projects, space and aerospace infrastructure, and 
725  urban redevelopment infrastructure projects. This transfer does 
726  shall not reduce, delete, or defer any existing projects funded, 
727  as of July 1, 2010 2009, in the Department of Transportation’s 
728  5-year work program. This paragraph expires July 1, 2011 2010. 
729         Section 33. In order to implement section 34 of the 2010 
730  2011 General Appropriations Act, paragraph (n) of subsection (1) 
731  of section 339.08, Florida Statutes, is amended to read: 
732         339.08 Use of moneys in State Transportation Trust Fund.— 
733         (1) The department shall expend moneys in the State 
734  Transportation Trust Fund accruing to the department, in 
735  accordance with its annual budget. The use of such moneys shall 
736  be restricted to the following purposes: 
737         (n) To pay administrative expenses incurred in accordance 
738  with applicable laws for a multicounty transportation or 
739  expressway authority created under chapter 343 or chapter 348, 
740  where jurisdiction for the authority includes a portion of the 
741  State Highway System and the administrative expenses are in 
742  furtherance of the duties and responsibilities of the authority 
743  in the development of improvements to the State Highway System. 
744  This paragraph expires July 1, 2011 2010. 
745         Section 34. In order to implement Specific Appropriation 
746  2112 of the 2010-2011 General Appropriations Act, paragraph (p) 
747  of subsection (1) of section 339.08, Florida Statutes, is 
748  amended to read: 
749         339.08 Use of moneys in State Transportation Trust Fund.— 
750         (1) The department shall expend moneys in the State 
751  Transportation Trust Fund accruing to the department, in 
752  accordance with its annual budget. The use of such moneys shall 
753  be restricted to the following purposes: 
754         (p) To pay for county and school district transportation 
755  infrastructure improvements. This paragraph expires July 1, 2011 
756  2010. 
757         Section 35. In order to implement Specific Appropriation 
758  2214 of the 2010-2011 General Appropriations Act, subsection 
759  (11) of section 445.009, Florida Statutes, is amended to read: 
760         445.009 One-stop delivery system.— 
761         (11)(a) A participant in an adult or youth work experience 
762  activity administered under this chapter shall be deemed an 
763  employee of the state for purposes of workers’ compensation 
764  coverage. In determining the average weekly wage, all 
765  remuneration received from the employer shall be considered a 
766  gratuity, and the participant shall not be entitled to any 
767  benefits otherwise payable under s. 440.15, regardless of 
768  whether the participant may be receiving wages and remuneration 
769  from other employment with another employer and regardless of 
770  his or her future wage-earning capacity. 
771         (b) This subsection expires July 1, 2011 2010. 
772         Section 36. In order to implement Specific Appropriations 
773  1557 through 1560 of the 2010-2011 General Appropriations Act, 
774  paragraph (d) of subsection (3) of section 163.3247, Florida 
775  Statutes, is amended to read: 
776         163.3247 Century Commission for a Sustainable Florida.— 
777         (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; CREATION; 
778  ORGANIZATION.—The Century Commission for a Sustainable Florida 
779  is created as a standing body to help the citizens of this state 
780  envision and plan their collective future with an eye towards 
781  both 25-year and 50-year horizons. 
782         (d) Members of the commission shall serve without 
783  compensation but shall be entitled to receive per diem and 
784  travel expenses in accordance with s. 112.061 while in 
785  performance of their duties. 
786         Section 37. The amendment to s. 163.3247(3)(d), Florida 
787  Statutes, made by this act shall expire July 1, 2011, and the 
788  text of that paragraph shall revert to that in existence on June 
789  30, 2010, except that any amendments to such text enacted other 
790  than by this act shall be preserved and continue to operate to 
791  the extent that such amendments are not dependent upon the 
792  portions of such text which expire pursuant to this section. 
793         Section 38. In order to implement Specific Appropriations 
794  1557 through 1560 of the 2010-2011 General Appropriations Act, 
795  paragraph (c) of subsection (1) of section 201.15, Florida 
796  Statutes, as amended by section 2 of chapter 2009-271, Laws of 
797  Florida, is amended to read: 
798         201.15 Distribution of taxes collected.—All taxes collected 
799  under this chapter are subject to the service charge imposed in 
800  s. 215.20(1). Prior to distribution under this section, the 
801  Department of Revenue shall deduct amounts necessary to pay the 
802  costs of the collection and enforcement of the tax levied by 
803  this chapter. Such costs and the service charge may not be 
804  levied against any portion of taxes pledged to debt service on 
805  bonds to the extent that the costs and service charge are 
806  required to pay any amounts relating to the bonds. After 
807  distributions are made pursuant to subsection (1), all of the 
808  costs of the collection and enforcement of the tax levied by 
809  this chapter and the service charge shall be available and 
810  transferred to the extent necessary to pay debt service and any 
811  other amounts payable with respect to bonds authorized before 
812  January 1, 2010, secured by revenues distributed pursuant to 
813  subsection (1). All taxes remaining after deduction of costs and 
814  the service charge shall be distributed as follows: 
815         (1) Sixty-three and thirty-one hundredths percent of the 
816  remaining taxes shall be used for the following purposes: 
817         (c) After the required payments under paragraphs (a) and 
818  (b), the remainder shall be paid into the State Treasury to the 
819  credit of: 
820         1. The State Transportation Trust Fund in the Department of 
821  Transportation in the amount of the lesser of 38.2 percent of 
822  the remainder or $541.75 million in each fiscal year, to be used 
823  for the following specified purposes, notwithstanding any other 
824  law to the contrary: 
825         a. For the purposes of capital funding for the New Starts 
826  Transit Program, authorized by Title 49, U.S.C. s. 5309 and 
827  specified in s. 341.051, 10 percent of these funds; 
828         b. For the purposes of the Small County Outreach Program 
829  specified in s. 339.2818, 5 percent of these funds. Effective 
830  July 1, 2014, the percentage allocated under this sub 
831  subparagraph shall be increased to 10 percent; 
832         c. For the purposes of the Strategic Intermodal System 
833  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent 
834  of these funds after allocating for the New Starts Transit 
835  Program described in sub-subparagraph a. and the Small County 
836  Outreach Program described in sub-subparagraph b.; and 
837         d. For the purposes of the Transportation Regional 
838  Incentive Program specified in s. 339.2819, 25 percent of these 
839  funds after allocating for the New Starts Transit Program 
840  described in sub-subparagraph a. and the Small County Outreach 
841  Program described in sub-subparagraph b. Effective July 1, 2014, 
842  the first $60 million of the funds allocated pursuant to this 
843  sub-subparagraph shall be allocated annually to the Florida Rail 
844  Enterprise for the purposes established in s. 341.303(5). 
845         2. The Grants and Donations Trust Fund in the Department of 
846  Community Affairs in the amount of the lesser of .23 percent of 
847  the remainder or $3.25 million in each fiscal year, with 92 
848  percent to be used to fund technical assistance to local 
849  governments and school boards on the requirements and 
850  implementation of this act and the remaining amount to be used 
851  to fund the Century Commission established in s. 163.3247. 
852         3. The Ecosystem Management and Restoration Trust Fund in 
853  the amount of the lesser of 2.12 percent of the remainder or $30 
854  million in each fiscal year, to be used for the preservation and 
855  repair of the state’s beaches as provided in ss. 161.091 
856  161.212. 
857         4. General Inspection Trust Fund in the amount of the 
858  lesser of .02 percent of the remainder or $300,000 in each 
859  fiscal year to be used to fund oyster management and restoration 
860  programs as provided in s. 379.362(3). 
861 
862  Moneys distributed pursuant to this paragraph may not be pledged 
863  for debt service unless such pledge is approved by referendum of 
864  the voters. 
865         Section 39. The amendment to s. 201.15(1)(c)2., Florida 
866  Statutes, made by this act shall expire July 1, 2011, and the 
867  text of that subparagraph shall revert to that in existence on 
868  June 30, 2010, except that any amendments to such text enacted 
869  other than by this act shall be preserved and continue to 
870  operate to the extent that such amendments are not dependent 
871  upon the portions of such text which expire pursuant to this 
872  section. 
873         Section 40. In order to implement Specific Appropriations 
874  1567, 1569, 1571, 1575, 1594, 1596, 1598, and 1617 of the 2010 
875  2011 General Appropriations Act, subsection (8) of section 
876  215.559, Florida Statutes, is amended to read: 
877         215.559 Hurricane Loss Mitigation Program.— 
878         (8)(a) Notwithstanding any other provision of this section 
879  and for the 2010-2011 2008-2009 fiscal year only, the $10 
880  million appropriation provided for in subsection (1) shall be 
881  allocated as follows: 
882         1. The sum of $2.7 $2.8 million shall be used to inspect 
883  and improve tie-downs for mobile homes for the same purpose as 
884  specified in paragraph (3)(a). 
885         2. The sum of $3 million shall be used for operating costs 
886  of the State Logistics Response Center and the original purposes 
887  identified in paragraph (2)(b), as appropriated $700,000 shall 
888  be allocated to the Florida International University for the 
889  same purpose as specified in subsection (4). 
890         3. The sum of $4,192,389 $6,421,764 shall be competitively 
891  bid for the purposes provided in paragraph (2)(a) used to 
892  install emergency power generators in special-needs hurricane 
893  evacuation shelters as provided in s. 1, ch. 2006-71, Laws of 
894  Florida, except that such funds may not be used for 
895  administrative purposes. 
896         4. The sum of $107,611 $78,236 shall be allocated for 
897  operational purposes of the department as specified in the 2010 
898  2011 2008-2009 General Appropriations Act. 
899         (b) This subsection expires July 1, 2011 2009. 
900         Section 41. In order to implement Specific Appropriation 
901  2072 of the 2010-2011 General Appropriations Act, subsection (8) 
902  of section 332.007, Florida Statutes, is reenacted to read: 
903         332.007 Administration and financing of aviation and 
904  airport programs and projects; state plan.— 
905         (8) Notwithstanding any other provision of law to the 
906  contrary, the department is authorized to fund security 
907  projects, including operational and maintenance assistance, at 
908  publicly owned public-use airports. For projects in the current 
909  adopted work program, or projects added using the available 
910  budget of the department, airports may request the department 
911  change the project purpose in accordance with this provision 
912  notwithstanding the provisions of s. 339.135(7). For purposes of 
913  this subsection, the department may fund up to 100 percent of 
914  eligible project costs that are not funded by the Federal 
915  Government. This subsection shall expire on June 30, 2012. 
916         Section 42. The amendment to s. 332.007(8), Florida 
917  Statutes, as carried forward by this act from chapter 2009-82, 
918  Laws of Florida, shall expire July 1, 2011, and the text of that 
919  subsection shall revert to that in existence on June 30, 2009, 
920  except that any amendments to such text enacted other than by 
921  this act shall be preserved and continue to operate to the 
922  extent that such amendments are not dependent upon the portions 
923  of such text which expire pursuant to this section. 
924         Section 43. In order to implement Specific Appropriation 18 
925  of the 2010-2011 General Appropriations Act, paragraph (c) is 
926  added to subsection (3) of section 216.292, Florida Statutes, to 
927  read: 
928         216.292 Appropriations nontransferable; exceptions.— 
929         (3) The following transfers are authorized with the 
930  approval of the Executive Office of the Governor for the 
931  executive branch or the Chief Justice for the judicial branch, 
932  subject to the notice and objection provisions of s. 216.177: 
933         (c) The transfer of appropriations for fixed capital outlay 
934  from the Survey Recommended Needs - Public Schools appropriation 
935  category to the Maintenance, Repair, Renovation, and Remodeling 
936  appropriation category. The allocation of transferred funds 
937  shall be in accordance with s. 1013.64(1). This paragraph 
938  expires July 1, 2011. 
939         Section 44. In order to implement the appropriations 
940  authorized in the 2010-2011 General Appropriations Act for each 
941  of the state’s designated primary data centers, which are funded 
942  from the data processing appropriation category and other 
943  categories used to pay for computing services of user agencies, 
944  and pursuant to the notice, review, and objection procedures of 
945  s. 216.177, Florida Statutes, the Executive Office of the 
946  Governor is authorized to transfer funds appropriated in any 
947  appropriation category used to pay for data processing in the 
948  2010-2011 General Appropriations Act between agencies in order 
949  to align the budget authority granted with the utilization rate 
950  of each department. 
951         Section 45. In order to implement the appropriations 
952  authorized in the 2010-2011 General Appropriations Act which 
953  were submitted pursuant to the provisions of s. 17 of chapter 
954  2008-116, Laws of Florida, and notwithstanding s. 216.181(1)(c), 
955  Florida Statutes, an agency may transfer funds from the data 
956  processing appropriation categories to another appropriation 
957  category for the purpose of supporting and managing its computer 
958  resources until such time as the agency’s data processing 
959  function is transferred to the Southwood Shared Resource Center, 
960  the Northwood Shared Resource Center, or the Northwest Regional 
961  Data Center. 
962         Section 46. In order to implement Specific Appropriation 
963  2179B, the Executive Office of the Governor is authorized to 
964  transfer funds appropriated in the appropriation category 
965  “Expenses” of the 2010-2011 General Appropriations Act between 
966  agencies in order to allocate a reduction relating to SUNCOM 
967  Services. This section expires July 1, 2011. 
968         Section 47. (1) In order to implement Specific 
969  Appropriations 1119 through 1126, 1167 through 1185, 1194, and 
970  1199, the Department of Juvenile Justice must comply with the 
971  following reimbursement limitations: 
972         (a)No payment to a hospital or a health care provider may 
973  exceed 110 percent of the Medicare allowable rate for any health 
974  care services provided if no contract exists between the 
975  department and either the hospital or the health care provider 
976  providing services at a hospital; 
977         (b) The department may continue to make payments for health 
978  care services at the currently contracted rates through the 
979  current term of the contract if a contract has been executed 
980  between the department and a hospital or a health care provider 
981  providing services to a hospital; however, no payments may 
982  exceed 110 percent of Medicare allowable rate after the current 
983  term of the contract expires or after the contract is renewed 
984  during the 2010-2011 fiscal year; 
985         (c)Payments may not exceed 110 percent of the Medicare 
986  allowable rates under a contract executed on or after July 1, 
987  2010, between the department and a hospital or health care 
988  provider providing services at a hospital; 
989         (d)Notwithstanding the limitations of paragraphs (a), (b), 
990  and (c), the department may pay up to 125 percent of the 
991  Medicare allowable rate for health care services at a hospital 
992  that reports or has reported a negative operating margin for the 
993  prior fiscal year to the Agency for Health Care Administration 
994  through hospital-audited financial data; and 
995         (e) The department may not execute a contract for health 
996  care services at hospitals for rates other than rates based on a 
997  percentage of the Medicare allowable rate. 
998         (2)For purposes of this section, “hospital” means any 
999  hospital licensed under chapter 395, Florida Statutes. 
1000         (3)This section expires July 1, 2011. 
1001         Section 48. Any section of this act which implements a 
1002  specific appropriation or specifically identified proviso 
1003  language in the 2010-2011 General Appropriations Act is void if 
1004  the specific appropriation or specifically identified proviso 
1005  language is vetoed. Any section of this act which implements 
1006  more than one specific appropriation or more than one portion of 
1007  specifically identified proviso language in the 2010-2011 
1008  General Appropriations Act is void if all the specific 
1009  appropriations or portions of specifically identified proviso 
1010  language are vetoed. 
1011         Section 49. If any other act passed in 2010 contains a 
1012  provision that is substantively the same as a provision in this 
1013  act, but that removes or is otherwise not subject to the future 
1014  repeal applied to such provision by this act, the Legislature 
1015  intends that the provision in the other act shall take 
1016  precedence and continue to operate, notwithstanding the future 
1017  repeal provided by this act. 
1018         Section 50. If any provision of this act or its application 
1019  to any person or circumstance is held invalid, the invalidity 
1020  does not affect other provisions or applications of the act 
1021  which can be given effect without the invalid provision or 
1022  application, and to this end the provisions of this act are 
1023  severable. 
1024         Section 51. This act shall take effect July 1, 2010; or, if 
1025  this act fails to become a law until after that date, it shall 
1026  take effect upon becoming a law and shall operate retroactively 
1027  to July 1, 2010. 
1028 
feedback