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

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