July 11, 2020
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_h5003__
HB 5003

1
A bill to be entitled
2An act relating to implementing the 2010-2011 General
3Appropriations Act; providing legislative intent;
4incorporating by reference certain calculations of the
5Florida Education Finance Program for the 2010-2011 fiscal
6year; amending s. 216.292, F.S.; authorizing the transfer
7of funds, upon certain approval, for fixed capital outlay
8from the Survey Recommended Needs-Public Schools
9appropriation category to the Maintenance, Repair,
10Renovation and Remodeling appropriation category;
11authorizing the Department of Corrections and the
12Department of Juvenile Justice to make certain
13expenditures to defray costs incurred by a municipality or
14county as a result of opening or operating a facility
15under authority of the respective department; amending s.
16216.262, F.S.; providing for additional positions to
17operate additional prison bed capacity under certain
18circumstances; authorizing the Department of Legal Affairs
19to transfer certain funds to pay salaries and benefits;
20amending s. 932.7055, F.S.; delaying the expiration of
21provisions authorizing a municipality to expend funds from
22its special law enforcement trust fund to reimburse the
23municipality's general fund; amending s. 394.908, F.S.;
24providing allocation requirements for specified funds
25appropriated for forensic mental health services;
26requiring that funds appropriated through the Community-
27Based Medicaid Administrative Claiming Program be
28allocated proportionately to contributed provider
29earnings; amending s. 215.5602, F.S.; suspending for the
302010-2011 fiscal year the reservation of a portion of
31certain funds in the Health Care Trust Fund for certain
32research purposes; extending the expiration date of the
33James and Esther King Biomedical Research Program;
34amending s. 381.992, F.S.; deleting an obsolete
35authorization of funding for the William G. "Bill"
36Bankhead, Jr., and David Coley Cancer Research Program;
37extending the expiration date of the program; prohibiting
38any state agency from adopting or implementing a rule or
39policy mandating or establishing new nitrogen-reduction
40limits under certain circumstances; requiring the Florida
41Catastrophic Storm Risk Management Center at Florida State
42University to conduct an analysis; amending s. 218.12,
43F.S.; requiring that the value of assessments reduced
44pursuant to s. 4(d)(8)a. of Art. VII of the State
45Constitution include only the reduction in taxable value
46for homesteads established in the preceding year;
47reenacting s. 255.518(1)(b), F.S., relating to payment of
48obligations during the construction of any facility
49financed by such obligations; amending s. 255.503, F.S.;
50delaying the expiration of provisions relating to the
51Florida Facilities Pool; amending s. 253.034, F.S.;
52authorizing the deposit of funds derived from the sale of
53property by the Department of Citrus into the Citrus
54Advertising Trust Fund; amending s. 375.041, F.S.;
55authorizing transfer of moneys in the Land Acquisition
56Trust Fund to the Water Quality Assurance Trust Fund for
57the Total Maximum Daily Loads Program, the Drinking Water
58Facility Construction-State Revolving Loan Fund, and the
59Wastewater Facility Treatment Construction-State Revolving
60Loan Fund as provided in the General Appropriations Act;
61amending s. 373.59, F.S.; providing for the allocation of
62moneys from the Water Management Lands Trust Fund for
63certain purposes; amending s. 376.3071, F.S.; delaying the
64repeal of provisions relating to funding from the Inland
65Protection Trust Fund for site restoration; amending s.
66570.20, F.S.; delaying the expiration of provisions
67authorizing moneys in the General Inspection Trust Fund to
68be appropriated for certain programs operated by the
69Department of Agriculture and Consumer Services; amending
70s. 403.7095, F.S.; requiring that the Department of
71Environmental Protection award a specified amount in
72grants equally to certain counties for waste tire and
73litter prevention, recycling education, and general solid
74waste programs; authorizing the Department of Agriculture
75and Consumer Services to extend, revise, and renew current
76contracts or agreements created or entered into for the
77purpose of promotion of agriculture; amending s. 339.135,
78F.S.; providing for use of transportation revenues;
79requiring that the Department of Transportation transfer
80funds to the Office of Tourism, Trade, and Economic
81Development for the purpose of funding transportation-
82related needs of economic development projects; providing
83that funds appropriated from the Economic Development
84Transportation Trust Fund may be used to attract new space
85business to the state and for other specified needs for
86the development of aviation and aerospace operations;
87amending s. 216.292, F.S.; permitting the Legislative
88Budget Commission to review and approve recommendations by
89the Governor for fixed capital outlay projects funded by
90grants awarded from the American Recovery and Reinvestment
91Act of 2009 or by any other federal economic stimulus
92grant funding received; authorizing the Executive Office
93of the Governor to transfer funds appropriated for the
94American Recovery and Reinvestment Act of 2009 in
95traditional appropriation categories in the General
96Appropriations Act to appropriation categories established
97for the specific purpose of tracking funds appropriated
98for the act; reenacting s. 288.1254(4)(c) and (d), F.S.,
99relating to the entertainment industry financial incentive
100program, to continue the amount of incentive funding to be
101appropriated in any fiscal year for the independent
102Florida filmmaker queue and the digital media projects
103queue; amending s. 339.08, F.S.; delaying the expiration
104of provisions relating to the use of moneys in the State
105Transportation Trust Fund for certain administrative
106expenses; authorizing the transfer of funds from the State
107Transportation Trust Fund to the General Revenue Fund
108under certain circumstances; amending s. 445.009, F.S.;
109providing that a participant in an adult or youth work
110experience activity under ch. 445, F.S., is an employee of
111the state for purposes of workers' compensation coverage;
112authorizing the Executive Office of the Governor to
113transfer funds between departments for purposes of
114aligning amounts paid for risk management premiums and for
115purposes of aligning amounts paid for human resource
116management services; authorizing the Executive Office of
117the Governor to transfer funds between departments for
118purposes of aligning the budget authority granted to each
119agency with the reductions in employee compensation;
120authorizing the heads of agencies to terminate staff and
121make personnel and salary adjustments and reductions to
122maximize efficiency of agency operations; amending s.
123110.123, F.S.; providing for the state's monthly
124contribution for employees under the state group insurance
125program; amending s. 112.24, F.S.; providing conditions on
126the assignment of an employee of a state agency without
127reimbursement from the receiving agency; reenacting s.
128215.32(2)(b), F.S., relating to the source and use of
129certain trust funds in order to implement the transfer of
130moneys in the General Revenue Fund from trust funds in the
1312010-2011 General Appropriations Act; providing for the
132authorization and issuance of new debt; limiting the use
133of travel funds to activities that are critical to an
134agency's mission; providing exceptions; providing for
135future expiration of various provisions; providing for
136reversion of statutory text of certain provisions;
137providing for the effect of a veto of one or more specific
138appropriations or proviso to which implementing language
139refers; providing for the continued operation of certain
140provisions notwithstanding a future repeal or expiration
141provided by the act; providing for severability; providing
142effective dates.
143
144Be It Enacted by the Legislature of the State of Florida:
145
146     Section 1.  It is the intent of the Legislature that the
147implementing and administering provisions of this act apply to
148the General Appropriations Act for the 2010-2011 fiscal year.
149     Section 2.  In order to implement Specific Appropriations
1506, 7, 8, 78, and 79 of the 2010-2011 General Appropriations Act,
151the calculations of the Florida Education Finance Program for
152the 2010-2011 fiscal year in the document entitled "Public
153School Funding-The Florida Education Finance Program," dated
154April X, 2010, and filed with the Clerk of the House of
155Representatives, are incorporated by reference for the purpose
156of displaying the calculations used by the Legislature,
157consistent with the requirements of the Florida Statutes, in
158making appropriations for the Florida Education Finance Program.
159     Section 3.  In order to implement Specific Appropriations
16017 and 18 of the 2010-2011 General Appropriations Act, paragraph
161(c) is added to subsection (3) of section 216.292, Florida
162Statutes, to read:
163     216.292  Appropriations nontransferable; exceptions.-
164     (3)  The following transfers are authorized with the
165approval of the Executive Office of the Governor for the
166executive branch or the Chief Justice for the judicial branch,
167subject to the notice and objection provisions of s. 216.177:
168     (c)  The transfer of appropriations for fixed capital
169outlay from the Survey Recommended Needs-Public Schools
170appropriation category to the Maintenance, Repair, Renovation
171and Remodeling appropriation category. The allocation of
172transferred funds shall be in accordance with s. 1013.64(1).
173This paragraph expires July 1, 2011.
174     Section 4.  In order to fulfill legislative intent
175regarding the use of funds contained in Specific Appropriations
176639, 651, 663, and 1188 of the 2010-2011 General Appropriations
177Act, the Department of Corrections and the Department of
178Juvenile Justice may expend appropriated funds to assist in
179defraying the costs of impacts that are incurred by a
180municipality or county and that are associated with opening or
181operating a facility under the authority of the department. The
182amount paid for any facility may not exceed 1 percent of the
183cost to construct the facility, less building impact fees
184imposed by the municipality or county. This section expires July
1851, 2011.
186     Section 5.  In order to implement Specific Appropriations
187629 through 727 and 747 through 781 of the 2010-2011 General
188Appropriations Act, subsection (4) of section 216.262, Florida
189Statutes, is amended to read:
190     216.262  Authorized positions.-
191     (4)  Notwithstanding the provisions of this chapter on
192increasing the number of authorized positions, and for the 2010-
1932011 2009-2010 fiscal year only, if the actual inmate population
194of the Department of Corrections exceeds the inmate population
195projections of the February 19, 2010 April 30, 2009, Criminal
196Justice Estimating Conference by 1 percent for 2 consecutive
197months or 2 percent for any month, the Executive Office of the
198Governor, with the approval of the Legislative Budget
199Commission, shall immediately notify the Criminal Justice
200Estimating Conference, which shall convene as soon as possible
201to revise the estimates. The Department of Corrections may then
202submit a budget amendment requesting the establishment of
203positions in excess of the number authorized by the Legislature
204and additional appropriations from unallocated general revenue
205sufficient to provide for essential staff, fixed capital
206improvements, and other resources to provide classification,
207security, food services, health services, and other variable
208expenses within the institutions to accommodate the estimated
209increase in the inmate population. All actions taken pursuant to
210the authority granted in this subsection shall be subject to
211review and approval by the Legislative Budget Commission. This
212subsection expires July 1, 2011 2010.
213     Section 6.  In order to implement Specific Appropriations
2141306, 1322, 1329, 1349, and 1359 of the 2010-2011 General
215Appropriations Act, the Department of Legal Affairs is
216authorized to transfer cash remaining after required
217disbursements for Attorney General case numbers 16-2008-CA-01-
2183142CV-C and CACE08022328 from FLAIR account 41-71-2-601001-
21941100100-00-181076-00 to the Operating Trust Fund to pay
220salaries and benefits. This section expires July 1, 2011.
221     Section 7.  In order to implement Specific Appropriations
2221245 and 1251 of the 2010-2011 General Appropriations Act,
223paragraph (d) of subsection (4) of section 932.7055, Florida
224Statutes, is amended to read:
225     932.7055  Disposition of liens and forfeited property.-
226     (4)  The proceeds from the sale of forfeited property shall
227be disbursed in the following priority:
228     (d)  Notwithstanding any other provision of this
229subsection, and for the 2010-2011 2009-2010 fiscal year only,
230the funds in a special law enforcement trust fund established by
231the governing body of a municipality may be expended to
232reimburse the general fund of the municipality for moneys
233advanced from the general fund to the special law enforcement
234trust fund prior to October 1, 2001. This paragraph expires July
2351, 2011 2010.
236     Section 8.  In order to implement Specific Appropriations
237324 through 355 of the 2010-2011 General Appropriations Act,
238paragraphs (b) and (c) of subsection (3) of section 394.908,
239Florida Statutes, are amended to read:
240     394.908  Substance abuse and mental health funding equity;
241distribution of appropriations.-In recognition of the historical
242inequity in the funding of substance abuse and mental health
243services for the department's districts and regions and to
244rectify this inequity and provide for equitable funding in the
245future throughout the state, the following funding process shall
246be used:
247     (3)
248     (b)  Notwithstanding paragraph (a) and for the 2010-2011
2492009-2010 fiscal year only, funds appropriated for forensic
250mental health treatment services shall be allocated to the areas
251of the state having the greatest demand for services and
252treatment capacity. This paragraph expires July 1, 2011 2010.
253     (c)  Notwithstanding paragraph (a) and for the 2010-2011
2542009-2010 fiscal year only, additional funds appropriated for
255substance abuse and mental health services from funds available
256through the Community-Based Medicaid Administrative Claiming
257Program shall be allocated as provided in the 2010-2011 2009-
2582010 General Appropriations Act and in proportion to contributed
259provider earnings. This paragraph expires July 1, 2011 2010.
260     Section 9.  In order to implement Specific Appropriation
261518 of the 2010-2011 General Appropriations Act, subsections
262(12) through (15) of section 215.5602, Florida Statutes, are
263amended to read:
264     215.5602  James and Esther King Biomedical Research
265Program.-
266     (12)(a)  From funds appropriated to accomplish the goals of
267this section, up to $250,000 shall be available for the
268operating costs of the Florida Center for Universal Research to
269Eradicate Disease.
270     (b)(a)  Beginning in the 2009-2010 fiscal year and
271thereafter, 5 percent of the revenue deposited into the Health
272Care Trust Fund pursuant to ss. 210.011(9) and 210.276(7) shall
273be reserved for research of tobacco-related or cancer-related
274illnesses; however, the sum of the revenue reserved pursuant to
275ss. 210.011(9) and 210.276(7) may not exceed $50 million in any
276fiscal year. This paragraph is suspended for the 2010-2011
277fiscal year.
278     (b)  In the 2009-2010 fiscal year, 2.5 percent, not to
279exceed $25 million, of the revenue deposited into the Health
280Care Trust Fund pursuant to this subsection shall be transferred
281to the Biomedical Research Trust Fund within the Department of
282Health for the James and Esther King Biomedical Research
283Program.
284     (13)  By June 1, 2009, the Division of Statutory Revision
285of the Office of Legislative Services shall certify to the
286President of the Senate and the Speaker of the House of
287Representatives the language and statutory citation of this
288section, which is scheduled to expire January 1, 2011.
289     (14)  The Legislature shall review the performance, the
290outcomes, and the financial management of the James and Esther
291King Biomedical Research Program during the 2010 Regular Session
292of the Legislature and shall determine the most appropriate
293funding source and means of funding the program based on its
294review.
295     (13)(15)  This section expires July January 1, 2011, unless
296reviewed and reenacted by the Legislature before that date.
297     Section 10.  In order to implement Specific Appropriations
298508 through 526 of the 2010-2011 General Appropriations Act,
299subsections (5) through (8) of section 381.922, Florida
300Statutes, are amended to read:
301     381.922  William G. "Bill" Bankhead, Jr., and David Coley
302Cancer Research Program.-
303     (5)  Funds appropriated for the William G. "Bill" Bankhead,
304Jr., and David Coley Cancer Research Program shall be
305distributed pursuant to this section to provide grants to
306researchers seeking cures for cancer and cancer-related
307illnesses, with emphasis given to the goals enumerated in s.
308381.921. From the total funds appropriated, an amount of up to
30910 percent may be used for administrative expenses. In the 2009-
3102010 fiscal year, 2.5 percent, not to exceed $25 million, of the
311revenue deposited into the Health Care Trust Fund pursuant to s.
312215.5602(12)(a) shall be transferred to the Biomedical Research
313Trust Fund within the Department of Health for the William G.
314"Bill" Bankhead, Jr., and David Coley Cancer Research Program.
315     (6)  By June 1, 2009, the Division of Statutory Revision of
316the Office of Legislative Services shall certify to the
317President of the Senate and the Speaker of the House of
318Representatives the language and statutory citation of this
319section, which is scheduled to expire January 1, 2011.
320     (7)  The Legislature shall review the performance, the
321outcomes, and the financial management of the William G. "Bill"
322Bankhead, Jr., and David Coley Cancer Research Program during
323the 2010 Regular Session of the Legislature and shall determine
324the most appropriate funding source and means of funding the
325program based on its review.
326     (6)(8)  This section expires July January 1, 2011, unless
327reviewed and reenacted by the Legislature before that date.
328     Section 11.  (1)  In order to implement proviso following
329Specific Appropriation 486 of the 2010-2011 General
330Appropriations Act, and for the 2010-2011 fiscal year only,
331notwithstanding any law to the contrary, a state agency may not
332adopt or implement a rule or policy that:
333     (a)  Mandates or establishes new nitrogen-reduction limits
334that apply to existing or new onsite sewage treatment systems;
335     (b)  Has the effect of requiring the use of performance-
336based treatment systems; or
337     (c)  Increases the cost of treatment for nitrogen reduction
338from onsite systems,
339
340before the study and report required in proviso following
341Specific Appropriation 486 is completed.
342     (2)  This section expires July 1, 2011.
343     Section 12.  In order to implement section 77 of the 2010-
3442011 General Appropriations Act, the Florida Catastrophic Storm
345Risk Management Center at Florida State University shall conduct
346the analysis as originally required in section 164 of chapter
3472004-390, Laws of Florida. Notwithstanding section 164 of
348chapter 2004-390, Laws of Florida, the Florida Catastrophic
349Storm Risk Management Center at Florida State University is
350directed to use the most recent and available premium data for
351personal lines property and casualty insurance in completing the
352analysis.
353     Section 13.  In order to implement Specific Appropriation
3543055O, subsection (3) of section 218.12, Florida Statutes, is
355amended to read:
356     218.12  Appropriations to offset reductions in ad valorem
357tax revenue in fiscally constrained counties.-
358     (3)  In determining the reductions in ad valorem tax
359revenues occurring as a result of the implementation of the
360revisions to Art. VII of the State Constitution approved in the
361special election held on January 29, 2008, the value of
362assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the
363State Constitution shall include only the reduction in taxable
364value for homesteads established January 1, 2010 2009.
365     Section 14.  The amendment to s. 218.12(3), Florida
366Statutes, by this act shall expire July 1, 2011, and the text of
367that subsection shall revert to that in existence on June 30,
3682009, except that any amendments to such text enacted other than
369by this act shall be preserved and continue to operate to the
370extent that such amendments are not dependent upon the portions
371of such text which expire pursuant to this section.
372     Section 15.  In order to implement Specific Appropriation
3732838 of the 2010-2011 General Appropriations Act, paragraph (b)
374of subsection (1) of section 255.518, Florida Statutes, is
375reenacted to read:
376     255.518  Obligations; purpose, terms, approval,
377limitations.-
378     (1)
379     (b)  Payment of debt service charges on obligations during
380the construction of any facility financed by such obligations
381shall be made from funds other than proceeds of obligations.
382     Section 16.  The amendment to s. 255.518(1)(b), Florida
383Statutes, as carried forward by this act from chapters 2008-153
384and 2009-82, Laws of Florida, shall expire July 1, 2011, and the
385text of that paragraph shall revert to that in existence on June
38630, 2008, except that any amendments to such text enacted other
387than by this act shall be preserved and continue to operate to
388the extent that such amendments are not dependent upon the
389portions of such text which expire pursuant to this section.
390     Section 17.  In order to implement Specific Appropriations
3912821 through 2835 of the 2010-2011 General Appropriations Act,
392paragraph (b) of subsection (7) of section 255.503, Florida
393Statutes, is amended to read:
394     255.503  Powers of the Department of Management Services.-
395The Department of Management Services shall have all the
396authority necessary to carry out and effectuate the purposes and
397provisions of this act, including, but not limited to, the
398authority to:
399     (7)
400     (b)  No later than the date upon which the department
401recommends to the Division of State Lands of the Department of
402Environmental Protection the disposition of any facility within
403the Florida Facilities Pool, the department shall provide to the
404President of the Senate, the Speaker of the House of
405Representatives, the Executive Office of the Governor, and the
406Division of Bond Finance of the State Board of Administration an
407analysis that includes:
408     1.  The cost benefit of the proposed facility disposition,
409including the facility's current operating expenses, condition,
410and market value, and viable alternatives for work space for
411impacted state employees.
412     2.  The effect of the proposed facility disposition on the
413financial status of the Florida Facilities Pool, including the
414effect on rental rates and coverage requirement for the bonds.
415
416This paragraph expires July 1, 2011 2010.
417     Section 18.  In order to implement Specific Appropriations
4182379 through 2401 of the 2010-2011 General Appropriations Act,
419subsection (14) of section 253.034, Florida Statutes, is amended
420to read:
421     253.034  State-owned lands; uses.-
422     (14)  Notwithstanding the provisions of this section, funds
423derived from the sale of property by the Department of Citrus'
424property Citrus located in Lakeland, Florida, are authorized to
425be deposited into the Citrus Advertising Trust Fund. This
426subsection expires July 1, 2011 2010.
427     Section 19.  In order to implement Specific Appropriations
4281763, 1775A, 1789, and 1790, paragraph (b) of subsection (3) of
429section 375.041, Florida Statutes, is amended to read:
430     375.041  Land Acquisition Trust Fund.-
431     (3)
432     (b)  In addition to the uses allowed in paragraph (a), for
433the 2010-2011 2008-2009 fiscal year, moneys in the Land
434Acquisition Trust Fund are authorized for transfer to the Water
435Quality Assurance Trust Fund for the Total Maximum Daily Loads
436Program, the Drinking Water Facility Construction-State
437Revolving Loan Fund, the Wastewater Facility Treatment
438Construction-State Revolving Loan Fund, and the Florida Onsite
439Sewage Reduction Strategies Study Ecosystem Management and
440Restoration Trust Fund for grants and aids to local governments
441for water projects as provided in the General Appropriations
442Act. This paragraph expires July 1, 2011 2009.
443     Section 20.  In order to implement Specific Appropriation
4441692 of the 2010-2011 General Appropriations Act, subsection
445(12) of section 373.59, Florida Statutes, is amended to read:
446     373.59  Water Management Lands Trust Fund.-
447     (12)  Notwithstanding the provisions of subsection (8) and
448for the 2010-2011 2009-2010 fiscal year only, the moneys from
449the Water Management Lands Trust Fund shall be allocated as
450follows:
451     (a)  An amount necessary to pay debt service on bonds
452issued before February 1, 2009, by the South Florida Water
453Management District and the St. Johns River Water Management
454District, which are secured by revenues provided pursuant to
455this section, or to fund debt service reserve funds, rebate
456obligations, or other amounts payable with respect to such
457bonds;
458     (b)  Eight million dollars to be transferred to the General
459Revenue Fund; and
460     (c)  The remaining funds to be distributed equally between
461the Suwannee River Water Management District and the Northwest
462Florida Water Management District.
463
464This subsection expires July 1, 2011 2010.
465     Section 21.  In order to implement Specific Appropriation
4661804 of the 2010-2011 General Appropriations Act, paragraph (c)
467of subsection (5) of section 376.3071, Florida Statutes, is
468amended to read:
469     376.3071  Inland Protection Trust Fund; creation; purposes;
470funding.-
471     (5)  SITE SELECTION AND CLEANUP CRITERIA.-
472     (c)  The department shall require source removal, if
473warranted and cost-effective, at each site eligible for
474restoration funding from the Inland Protection Trust Fund.
475     1.  Funding for free product recovery may be provided in
476advance of the order established by the priority ranking system
477under paragraph (a) for site cleanup activities. However, a
478separate prioritization for free product recovery shall be
479established consistent with paragraph (a). No more than $5
480million shall be encumbered from the Inland Protection Trust
481Fund in any fiscal year for free product recovery conducted in
482advance of the priority order under paragraph (a) established
483for site cleanup activities.
484     2.  Funding for limited interim soil-source removals for
485sites that will become inaccessible for future remediation due
486to road infrastructure and right-of-way restrictions resulting
487from a pending Department of Transportation road construction
488project or for secondary containment upgrading of underground
489storage tanks required under chapter 62-761, Florida
490Administrative Code, may be provided in advance of the order
491established by the priority ranking system under paragraph (a)
492for site cleanup activities. The department shall provide
493written guidance on the limited source removal information and
494technical evaluation necessary to justify a request for a
495limited source removal in advance of the priority order pursuant
496to paragraph (a) established for site cleanup activities.
497Prioritization for limited source removal projects associated
498with a secondary containment upgrade in any fiscal year shall be
499determined on a first-come, first-served basis according to the
500approval date issued under s. 376.30711 for the limited source
501removal. Funding for limited source removals associated with
502secondary containment upgrades shall be limited to 10 sites in
503each fiscal year for each facility owner and any related person.
504The limited source removal for secondary containment upgrades
505shall be completed no later than 6 months after the department
506issues its approval of the project, and the approval
507automatically expires at the end of the 6 months. Funding for
508Department of Transportation and secondary containment upgrade
509source removals may not exceed $50,000 for a single facility
510unless the department makes a determination that it is cost-
511effective and environmentally beneficial to exceed this amount,
512but in no event shall the department authorize costs in excess
513of $100,000 for a single facility. Department funding for
514limited interim soil-source removals associated with Department
515of Transportation projects and secondary containment upgrades
516shall be limited to supplemental soil assessment, soil
517screening, soil removal, backfill material, treatment or
518disposal of the contaminated soil, dewatering related to the
519contaminated soil removal in an amount of up to 10 percent of
520the total interim soil-source removal project costs, treatment,
521and disposal of the contaminated groundwater and preparation of
522the source removal report. No other costs associated with the
523facility upgrade may be paid with department funds. No more than
524$1 million for Department of Transportation limited source
525removal projects and $10 million for secondary containment
526upgrade limited source removal projects conducted in advance of
527the priority order established under paragraph (a) for site
528cleanup activities shall be encumbered from the Inland
529Protection Trust Fund in any fiscal year. This subparagraph is
530repealed effective June 30, 2011 2010.
531     3.  Once free product removal and other source removal
532identified in this paragraph are completed at a site, and
533notwithstanding the order established by the priority ranking
534system under paragraph (a) for site cleanup activities, the
535department may reevaluate the site to determine the degree of
536active cleanup needed to continue site rehabilitation. Further,
537the department shall determine if the reevaluated site qualifies
538for natural attenuation monitoring or no further action. If
539additional site rehabilitation is necessary to reach no further
540action status, the site rehabilitation shall be conducted in the
541order established by the priority ranking system under paragraph
542(a) and the department is encouraged to utilize natural
543attenuation and monitoring where site conditions warrant.
544     Section 22.  In order to implement Specific Appropriations
5451378 through 1538 of the 2010-2011 General Appropriations Act,
546subsection (2) of section 570.20, Florida Statutes, is amended
547to read:
548     570.20  General Inspection Trust Fund.-
549     (2)  For the 2010-2011 2009-2010 fiscal year only and
550notwithstanding any other provision of law to the contrary, in
551addition to the spending authorized in subsection (1), moneys in
552the General Inspection Trust Fund may be appropriated for
553programs operated by the department which are related to the
554programs authorized by this chapter. This subsection expires
555July 1, 2011 2010.
556     Section 23.  In order to implement Specific Appropriation
5571833 of the 2010-2011 General Appropriations Act, subsection (7)
558of section 403.7095, Florida Statutes, is amended to read:
559     403.7095  Solid waste management grant program.-
560     (7)  Notwithstanding any provision of this section to the
561contrary, and for the 2010-2011 2009-2010 fiscal year only, the
562Department of Environmental Protection shall award the sum of
563$2,600,000 in grants equally to counties having populations of
564fewer than 100,000 for waste tire and litter prevention,
565recycling education, and general solid waste programs. This
566subsection expires July 1, 2011 2010.
567     Section 24.  In order to implement Specific Appropriation
5681490 of the 2010-2011 General Appropriations Act and to provide
569consistency and continuity in the promotion of agriculture
570throughout the state, notwithstanding s. 287.057, Florida
571Statutes, the Department of Agriculture and Consumer Services,
572at its discretion, may extend, revise, and renew current
573contracts or agreements created or entered into pursuant to
574chapter 2006-25, Laws of Florida. This section expires July 1,
5752011.
576     Section 25.  In order to implement Specific Appropriation
5772125 of the 2010-2011 General Appropriations Act, subsection (5)
578of section 339.135, Florida Statutes, is amended to read:
579     339.135  Work program; legislative budget request;
580definitions; preparation, adoption, execution, and amendment.-
581     (5)  ADOPTION OF THE WORK PROGRAM.-
582     (a)  The original approved budget for operational and fixed
583capital expenditures for the department shall be the Governor's
584budget recommendation and the first year of the tentative work
585program, as both are amended by the General Appropriations Act
586and any other act containing appropriations. In accordance with
587the appropriations act, the department shall, prior to the
588beginning of the fiscal year, adopt a final work program which
589shall only include the original approved budget for the
590department for the ensuing fiscal year together with any roll
591forwards approved pursuant to paragraph (6)(c) and the portion
592of the tentative work program for the following 4 fiscal years
593revised in accordance with the original approved budget for the
594department for the ensuing fiscal year together with said roll
595forwards. The adopted work program may include only those
596projects submitted as part of the tentative work program
597developed under the provisions of subsection (4) plus any
598projects which are separately identified by specific
599appropriation in the General Appropriations Act and any roll
600forwards approved pursuant to paragraph (6)(c). However, any
601transportation project of the department which is identified by
602specific appropriation in the General Appropriations Act shall
603be deducted from the funds annually distributed to the
604respective district pursuant to paragraph (4)(a). In addition,
605the department shall not in any year include any project or
606allocate funds to a program in the adopted work program that is
607contrary to existing law for that particular year. Projects
608shall not be undertaken unless they are listed in the adopted
609work program.
610     (b)  Notwithstanding paragraph (a), and for the 2010-2011
6112009-2010 fiscal year only, the Department of Transportation
612shall transfer funds to the Office of Tourism, Trade, and
613Economic Development in an amount equal to $20,300,000 for the
614purpose of funding transportation-related needs of economic
615development projects. This transfer shall not reduce, delete, or
616defer any existing projects funded, as of July 1, 2009, in the
617Department of Transportation's 5-year work program. This
618paragraph expires July 1, 2011 2010.
619     Section 26.  In order to implement Specific Appropriation
6202672 and section 56 of the 2010-2011 General Appropriations Act,
621funds appropriated out of the Economic Development
622Transportation Trust Fund may be used for economic development
623infrastructure projects and other economic development projects;
624for improvements to other launch complexes and space
625transportation facilities in order to attract new space vehicle
626testing and launch business to the state; for addressing
627intermodal requirements and impacts of the launch ranges,
628spaceports, and other space transportation facilities; for
629advancing aerospace technology to meet the current and future
630needs of the United States commercial space transportation
631industry; and for assisting in the development of joint-use
632facilities and technology that support aviation and aerospace
633operations, including high altitude and suborbital flights and
634range technology development.
635     Section 27.  In order to implement sections 2 through 7 of
636the 2010-2011 General Appropriations Act, subsection (5) of
637section 216.292, Florida Statutes, is amended to read:
638     216.292  Appropriations nontransferable; exceptions.-
639     (5)(a)  A transfer of funds may not result in the
640initiation of a fixed capital outlay project that has not
641received a specific legislative appropriation.
642     (b)  Notwithstanding paragraph (a), and for the 2010-2011
6432009-2010 fiscal year only, the Governor may recommend the
644initiation of fixed capital outlay projects funded by grants
645awarded by the Federal Government through the American Recovery
646and Reinvestment Act of 2009 or by any other federal economic
647stimulus grant funding received. All actions taken pursuant to
648the authority granted in the paragraph are subject to review and
649approval by the Legislative Budget Commission. This paragraph
650expires July 1, 2011 2010.
651     Section 28.  In order to implement sections 2 through 7 of
652the 2010-2011 General Appropriations Act, the Executive Office
653of the Governor is authorized to transfer funds appropriated for
654the American Recovery and Reinvestment Act of 2009 (ARRA) in
655traditional appropriation categories in the 2010-2011 General
656Appropriations Act to appropriation categories established for
657the specific purpose of tracking funds appropriated for the
658ARRA.
659     Section 29.  In order to implement Specific Appropriation
6602665 of the 2010-2011 General Appropriations Act, paragraphs (c)
661and (d) of subsection (4) of section 288.1254, Florida Statutes,
662are reenacted to read:
663     288.1254  Entertainment industry financial incentive
664program.-
665     (4)  PRIORITY FOR INCENTIVE FUNDING; WITHDRAWAL OF
666ELIGIBILITY; QUEUES.-
667     (c)  Independent Florida filmmaker queue.-Ten percent of
668incentive funding appropriated in any state fiscal year must be
669dedicated to the independent Florida filmmaker queue. If there
670are no qualified applications in the queue, any funding in the
671queue shall be made available to a qualified project in the
672digital media projects queue. A production certified under this
673queue is eligible for a reimbursement equal to 15 percent of its
674actual qualified expenditures. An independent Florida film that
675meets the criteria of this queue and demonstrates a minimum of
676$100,000, but not more than $625,000, in total qualified
677expenditures is eligible for incentive funding. To qualify for
678this queue, a qualified production must:
679     1.  Be planned as a feature film or documentary of no less
680than 70 minutes in length.
681     2.  Provide evidence of 50 percent of the financing for its
682total budget in an escrow account or other form dedicated to the
683production.
684     3.  Do all major postproduction in this state.
685     4.  Employ Florida workers in at least six of the following
686key positions: writer, director, producer, director of
687photography, star or one of the lead actors, unit production
688manager, editor, or production designer. As used in this
689subparagraph, the term "Florida worker" means a person who has
690been a resident of this state for at least 1 year before a
691production's application under subsection (3) was submitted or a
692person who graduated from a film school, college, university, or
693community college in this state no more than 5 years before such
694submittal or who is enrolled full-time in such a school,
695college, or university.
696     (d)  Digital media projects queue.-Five percent of
697incentive funding appropriated in any state fiscal year shall be
698dedicated to the digital media projects queue. A production
699certified under this queue is eligible for a reimbursement equal
700to 10 percent of its actual qualified expenditures. A qualified
701production that is a digital media project that demonstrates a
702minimum of $300,000 in total qualified expenditures is eligible
703for a maximum of $1 million in incentive funding. As used in
704this paragraph, the term "qualified expenditures" means the
705wages or salaries paid to a resident of this state for working
706on a single qualified digital media project, up to a maximum of
707$200,000 in wages or salaries paid per resident. A qualified
708production company producing digital media projects may not
709qualify for more than three projects in any 1 fiscal year.
710Projects that extend beyond a fiscal year must reapply each
711fiscal year in order to be eligible for incentive funding for
712that year.
713     Section 30.  The amendment to s. 288.1254(4)(c) and (d),
714Florida Statutes, as carried forward by this act from chapter
7152009-82, Laws of Florida, shall expire July 1, 2011, and the
716text of those paragraphs shall revert to that in existence on
717June 30, 2009, except that any amendments to such text enacted
718other than by this act shall be preserved and continue to
719operate to the extent that such amendments are not dependent
720upon the portions of such text which expire pursuant to this
721section.
722     Section 31.  In order to implement section 59 of the 2010-
7232011 General Appropriations Act, paragraph (n) of subsection (1)
724of section 339.08, Florida Statutes, is amended to read:
725     339.08  Use of moneys in State Transportation Trust Fund.-
726     (1)  The department shall expend moneys in the State
727Transportation Trust Fund accruing to the department, in
728accordance with its annual budget. The use of such moneys shall
729be restricted to the following purposes:
730     (n)  To pay administrative expenses incurred in accordance
731with applicable laws for a multicounty transportation or
732expressway authority created under chapter 343 or chapter 348,
733where jurisdiction for the authority includes a portion of the
734State Highway System and the administrative expenses are in
735furtherance of the duties and responsibilities of the authority
736in the development of improvements to the State Highway System.
737This paragraph expires July 1, 2011 2010.
738     Section 32.  In order to implement section 83 of the 2010-
7392011 General Appropriations Act, subsection (4) of section
740339.08, Florida Statutes, is amended to read:
741     339.08  Use of moneys in State Transportation Trust Fund.-
742     (4)  For the 2010-2011 2009-2010 fiscal year only and
743notwithstanding the provisions of this section and ss. 339.09(1)
744and 215.32(2)(b)4., funds may be transferred from the State
745Transportation Trust Fund to the General Revenue Fund as
746specified in the General Appropriations Act. Notwithstanding ss.
747206.46(3) and 206.606(2), the total amount transferred shall be
748reduced from total state revenues deposited into the State
749Transportation Trust Fund for the calculation requirements of
750ss. 206.46(3) and 206.606(2). This subsection expires July 1,
7512011 2010.
752     Section 33.  In order to implement section 46 of the 2010-
7532011 General Appropriations Act, subsection (11) of section
754445.009, Florida Statutes is amended to read:
755     445.009  One-stop delivery system.-
756     (11)(a)  A participant in an adult or youth work experience
757activity administered under this chapter shall be deemed an
758employee of the state for purposes of workers' compensation
759coverage. In determining the average weekly wage, all
760remuneration received from the employer shall be considered a
761gratuity, and the participant shall not be entitled to any
762benefits otherwise payable under s. 440.15, regardless of
763whether the participant may be receiving wages and remuneration
764from other employment with another employer and regardless of
765his or her future wage-earning capacity.
766     (b)  This subsection expires July 1, 2011 2010.
767     Section 34.  In order to implement the appropriation of
768funds in Special Categories-Risk Management Insurance of the
7692010-2011 General Appropriations Act, and pursuant to the
770notice, review, and objection procedures of s. 216.177, Florida
771Statutes, the Executive Office of the Governor is authorized to
772transfer funds appropriated in the appropriation category
773"Special Categories-Risk Management Insurance" of the 2010-2011
774General Appropriations Act between departments in order to align
775the budget authority granted with the premiums paid by each
776department for risk management insurance. This section expires
777July 1, 2011.
778     Section 35.  In order to implement the appropriation of
779funds in Special Categories-Transfer to Department of Management
780Services-Human Resources Services Purchased Per Statewide
781Contract of the 2010-2011 General Appropriations Act, and
782pursuant to the notice, review, and objection procedures of s.
783216.177, Florida Statutes, the Executive Office of the Governor
784is authorized to transfer funds appropriated in the
785appropriation category "Special Categories-Transfer to
786Department of Management Services-Human Resources Services
787Purchased Per Statewide Contract" of the 2010-2011 General
788Appropriations Act between departments in order to align the
789budget authority granted with the assessments that must be paid
790by each agency to the Department of Management Services for
791human resource management services. This section expires July 1,
7922011.
793     Section 36.  In order to implement the reduction in each
794agency's salary and benefit appropriation in the 2010-2011
795General Appropriations Act, and pursuant to the notice, review,
796and objection procedures of s. 216.177, Florida Statutes, the
797Executive Office of the Governor may transfer funds appropriated
798in the appropriation category "Salaries and Benefits" of the
7992010-2011 General Appropriations Act between departments in
800order to align the budget authority granted to each agency with
801the reductions that must be made by each agency pursuant to the
8022010-2011 General Appropriations Act. All actions taken pursuant
803to the authority granted in this section are subject to the
804review and approval of the Legislative Budget Commission. This
805section expires July 1, 2011.
806     Section 37.  In order to implement specific appropriations
807for salaries and benefits in the 2010-2011 General
808Appropriations Act, the intent of the Legislature is to provide
809flexibility to agency heads over personnel management to
810maximize the efficiency and effectiveness of agency operations.
811The Legislature recognizes that the state is facing a critical
812fiscal situation unprecedented in the last quarter century.
813During this time of budgetary shortfall, it is in the best
814interest of the state to ensure that the state's resources be
815used in the most efficient and prudent manner, while maintaining
816the critical missions of the state. Further, the Legislature
817recognizes that the agency heads are uniquely positioned to
818determine how to best manage their agency's human resources
819given the constraints associated with a reduction in the salary
820and benefit appropriation. Notwithstanding specific provisions
821of chapters 110, 112, 216, and 447, Florida Statutes, to the
822contrary, and for the fiscal year 2010-2011 only, agency heads
823are authorized to terminate or layoff staff, reduce salaries of
824individual or groups of employees, reclassify positions, and
825provide retention adjustments or bonuses to high-performing
826staff. For the purpose of the authority granted by this section,
827the term "agency head" shall include the term as defined in s.
82820.055(1)(b), Florida Statutes, and shall also include the Chief
829Justice of the Supreme Court, the board of trustees of each
830university, the Board of Trustees of the Florida School for the
831Deaf and Blind, the executive director of the Justice
832Administrative Commission, the executive director of the
833Statewide Guardian Ad Litem Office, each state attorney, each
834public defender, each capital collateral regional counsel, and
835each regional counsel. This section expires July 1, 2011.
836     Section 38.  In order to implement specific appropriations
837for salaries and benefits in the 2010-2011 General
838Appropriations Act, paragraph (a) of subsection (12) of section
839110.123, Florida Statutes, is amended to read:
840     110.123  State group insurance program.-
841     (12)  HEALTH SAVINGS ACCOUNTS.-The department is authorized
842to establish health savings accounts for full-time and part-time
843state employees in association with a health insurance plan
844option authorized by the Legislature and conforming to the
845requirements and limitations of federal provisions relating to
846the Medicare Prescription Drug, Improvement, and Modernization
847Act of 2003.
848     (a)1.  A member participating in this health insurance plan
849option shall be eligible to receive an employer contribution
850into the employee's health savings account from the State
851Employees Health Insurance Trust Fund in an amount to be
852determined by the Legislature. A member is not eligible for an
853employer contribution upon termination of employment. For the
8542010-2011 2009-2010 fiscal year, the state's monthly
855contribution for employees having individual coverage shall be
856$41.66 and the monthly contribution for employees having family
857coverage shall be $83.33.
858     2.  A member participating in this health insurance plan
859option shall be eligible to deposit the member's own funds into
860a health savings account.
861     Section 39.  In order to implement specific appropriations
862for salaries and benefits in the 2010-2011 General
863Appropriations Act, paragraph (b) of subsection (3) of section
864112.24, Florida Statutes, is amended to read:
865     112.24  Intergovernmental interchange of public employees.-
866To encourage economical and effective utilization of public
867employees in this state, the temporary assignment of employees
868among agencies of government, both state and local, and
869including school districts and public institutions of higher
870education is authorized under terms and conditions set forth in
871this section. State agencies, municipalities, and political
872subdivisions are authorized to enter into employee interchange
873agreements with other state agencies, the Federal Government,
874another state, a municipality, or a political subdivision
875including a school district, or with a public institution of
876higher education. State agencies are also authorized to enter
877into employee interchange agreements with private institutions
878of higher education and other nonprofit organizations under the
879terms and conditions provided in this section. In addition, the
880Governor or the Governor and Cabinet may enter into employee
881interchange agreements with a state agency, the Federal
882Government, another state, a municipality, or a political
883subdivision including a school district, or with a public
884institution of higher learning to fill, subject to the
885requirements of chapter 20, appointive offices which are within
886the executive branch of government and which are filled by
887appointment by the Governor or the Governor and Cabinet. Under
888no circumstances shall employee interchange agreements be
889utilized for the purpose of assigning individuals to participate
890in political campaigns. Duties and responsibilities of
891interchange employees shall be limited to the mission and goals
892of the agencies of government.
893     (3)  Salary, leave, travel and transportation, and
894reimbursements for an employee of a sending party that is
895participating in an interchange program shall be handled as
896follows:
897     (b)1.  The assignment of an employee of a state agency
898either on detail or on leave of absence may be made without
899reimbursement by the receiving party for the travel and
900transportation expenses to or from the place of the assignment
901or for the pay and benefits, or a part thereof, of the employee
902during the assignment.
903     2.  For the 2010-2011 2009-2010 fiscal year only, the
904assignment of an employee of a state agency as provided in
905subparagraph 1. may be made if recommended by the Governor or
906Chief Justice, as appropriate, and approved by the chairs of the
907Senate Policy and Steering Committee on Ways and Means and the
908House Full Appropriations Council on Education and Economic
909Development General Government and Health Care. Such actions
910shall be deemed approved if neither chair provides written
911notice of objection within 14 days after the chair's receiving
912notice of the action pursuant to s. 216.177. This subparagraph
913expires July 1, 2011 2010.
914     Section 40.  In order to implement the transfer of moneys
915to the General Revenue Fund from trust funds in the 2010-2011
916General Appropriations Act, paragraph (b) of subsection (2) of
917section 215.32, Florida Statutes, is reenacted to read:
918     215.32  State funds; segregation.-
919     (2)  The source and use of each of these funds shall be as
920follows:
921     (b)1.  The trust funds shall consist of moneys received by
922the state which under law or under trust agreement are
923segregated for a purpose authorized by law. The state agency or
924branch of state government receiving or collecting such moneys
925shall be responsible for their proper expenditure as provided by
926law. Upon the request of the state agency or branch of state
927government responsible for the administration of the trust fund,
928the Chief Financial Officer may establish accounts within the
929trust fund at a level considered necessary for proper
930accountability. Once an account is established within a trust
931fund, the Chief Financial Officer may authorize payment from
932that account only upon determining that there is sufficient cash
933and releases at the level of the account.
934     2.  In addition to other trust funds created by law, to the
935extent possible, each agency shall use the following trust funds
936as described in this subparagraph for day-to-day operations:
937     a.  Operations or operating trust fund, for use as a
938depository for funds to be used for program operations funded by
939program revenues, with the exception of administrative
940activities when the operations or operating trust fund is a
941proprietary fund.
942     b.  Operations and maintenance trust fund, for use as a
943depository for client services funded by third-party payors.
944     c.  Administrative trust fund, for use as a depository for
945funds to be used for management activities that are departmental
946in nature and funded by indirect cost earnings and assessments
947against trust funds. Proprietary funds are excluded from the
948requirement of using an administrative trust fund.
949     d.  Grants and donations trust fund, for use as a
950depository for funds to be used for allowable grant or donor
951agreement activities funded by restricted contractual revenue
952from private and public nonfederal sources.
953     e.  Agency working capital trust fund, for use as a
954depository for funds to be used pursuant to s. 216.272.
955     f.  Clearing funds trust fund, for use as a depository for
956funds to account for collections pending distribution to lawful
957recipients.
958     g.  Federal grant trust fund, for use as a depository for
959funds to be used for allowable grant activities funded by
960restricted program revenues from federal sources.
961
962To the extent possible, each agency must adjust its internal
963accounting to use existing trust funds consistent with the
964requirements of this subparagraph. If an agency does not have
965trust funds listed in this subparagraph and cannot make such
966adjustment, the agency must recommend the creation of the
967necessary trust funds to the Legislature no later than the next
968scheduled review of the agency's trust funds pursuant to s.
969215.3206.
970     3.  All such moneys are hereby appropriated to be expended
971in accordance with the law or trust agreement under which they
972were received, subject always to the provisions of chapter 216
973relating to the appropriation of funds and to the applicable
974laws relating to the deposit or expenditure of moneys in the
975State Treasury.
976     4.a.  Notwithstanding any provision of law restricting the
977use of trust funds to specific purposes, unappropriated cash
978balances from selected trust funds may be authorized by the
979Legislature for transfer to the Budget Stabilization Fund and
980General Revenue Fund in the General Appropriations Act.
981     b.  This subparagraph does not apply to trust funds
982required by federal programs or mandates; trust funds
983established for bond covenants, indentures, or resolutions whose
984revenues are legally pledged by the state or public body to meet
985debt service or other financial requirements of any debt
986obligations of the state or any public body; the State
987Transportation Trust Fund; the trust fund containing the net
988annual proceeds from the Florida Education Lotteries; the
989Florida Retirement System Trust Fund; trust funds under the
990management of the State Board of Education or the Board of
991Governors of the State University System, where such trust funds
992are for auxiliary enterprises, self-insurance, and contracts,
993grants, and donations, as those terms are defined by general
994law; trust funds that serve as clearing funds or accounts for
995the Chief Financial Officer or state agencies; trust funds that
996account for assets held by the state in a trustee capacity as an
997agent or fiduciary for individuals, private organizations, or
998other governmental units; and other trust funds authorized by
999the State Constitution.
1000     Section 41.  In order to implement the issuance of new debt
1001authorized in the 2010-2011 General Appropriations Act, and
1002pursuant to the requirements of s. 215.98, Florida Statutes, the
1003Legislature determines that the authorization and issuance of
1004debt for the 2010-2011 fiscal year should be implemented and is
1005in the best interest of the state and necessary to address a
1006critical state emergency.
1007     Section 42.  In order to implement the funds appropriated
1008in the 2010-2011 General Appropriations Act for state employee
1009travel, the funds appropriated to each state agency, which may
1010be used for travel by state employees, shall be limited during
1011the 2010-2011 fiscal year to travel for activities that are
1012critical to each state agency's mission. Funds may not be used
1013to pay for travel by state employees to foreign countries, other
1014states, conferences, staff-training activities, or other
1015administrative functions unless the agency head has approved in
1016writing that such activities are critical to the agency's
1017mission. The agency head must consider the use of
1018teleconferencing and other forms of electronic communication to
1019meet the needs of the proposed activity before approving
1020mission-critical travel. This section does not apply to travel
1021for law enforcement purposes, military purposes, emergency
1022management activities, or public health activities. This section
1023expires July 1, 2011.
1024     Section 43.  A section of this act that implements a
1025specific appropriation or specifically identified proviso
1026language in the 2010-2011 General Appropriations Act is void if
1027the specific appropriation or specifically identified proviso
1028language is vetoed. A section of this act that implements more
1029than one specific appropriation or more than one portion of
1030specifically identified proviso language in the 2010-2011
1031General Appropriations Act is void if all the specific
1032appropriations or portions of specifically identified proviso
1033language are vetoed.
1034     Section 44.  If any other act passed during the 2010
1035Regular Session contains a provision that is substantively the
1036same as a provision in this act, but that removes or is
1037otherwise not subject to the future repeal applied to such
1038provision by this act, the Legislature intends that the
1039provision in the other act takes precedence and continues to
1040operate, notwithstanding the future repeal provided by this act.
1041     Section 45.  If any provision of this act or its
1042application to any person or circumstance is held invalid, the
1043invalidity does not affect other provisions or applications of
1044the act which can be given effect without the invalid provision
1045or application, and to this end the provisions of this act are
1046severable.
1047     Section 46.  Except as otherwise expressly provided in this
1048act and except for this section, which shall take effect June
104929, 2010, this act shall take effect July 1, 2010; or, if this
1050act fails to become a law until after that date, it shall take
1051effect upon becoming a law and shall operate retroactively to
1052July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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