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       Florida Senate - 2009                             CS for SB 1716
       
       
       
       By the Committee on Criminal and Civil Justice Appropriations;
       and Senator Crist
       
       
       
       604-04036A-09                                         20091716c1
    1                        A bill to be entitled                      
    2         An act relating to criminal justice and corrections
    3         appropriations; providing that the act implements and
    4         administers the General Appropriations Act;
    5         authorizing the Department of Corrections to use
    6         certain appropriated funds to assist in defraying the
    7         costs incurred by a county or a municipality to open
    8         or operate certain facilities; limiting the amount of
    9         such assistance; providing for the expiration of the
   10         authority to provide the assistance; amending s.
   11         216.262, F.S.; delaying the expiration of provisions
   12         directing the Department of Corrections to seek a
   13         budget amendment for additional positions and
   14         appropriations if the inmate population exceeds a
   15         certain estimate under certain circumstances;
   16         providing for the expiration of the authority to seek
   17         a budget amendment; authorizing the Department of
   18         Legal Affairs to spend certain appropriated funds on
   19         programs that were funded by the department from
   20         specific appropriations in general appropriations acts
   21         in prior years; providing for the expiration of the
   22         authority to spend those appropriations; creating s.
   23         945.6041, F.S.; defining terms; limiting the
   24         compensation of health care providers that do not have
   25         contracts to provide inmate medical services with the
   26         department or private correctional facilities;
   27         limiting compensation to entities that provide
   28         emergency medical transportation services for inmates
   29         if those entities do not have a contract with the
   30         department or certain private correctional facilities;
   31         providing an expiration date for the limits on
   32         compensation; authorizing the Department of Legal
   33         Affairs to transfer certain funds from certain cases
   34         to the Operating Trust Fund to pay salaries and
   35         benefits; providing an expiration date for the
   36         transfer of funds; nullifying provisions of the act if
   37         the appropriations or proviso language to which they
   38         relate are vetoed; providing for other acts passed
   39         during the 2009 Regular Session which contain
   40         provisions that are substantively the same as the
   41         provisions of this act to take precedence under
   42         certain circumstances; providing that the act is
   43         severable; providing for retroactive application;
   44         providing effective dates.
   45  
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. This act implements and administers the General
   49  Appropriations Act for the 2009-2010 fiscal year.
   50         Section 2. In order to fulfill legislative intent regarding
   51  the use of funds contained in Specific Appropriations 617, 631,
   52  and 644 of the 2009-2010 General Appropriations Act, the
   53  Department of Corrections may expend appropriated funds to
   54  assist in defraying the costs of impacts that are incurred by a
   55  municipality or county and that are associated with opening or
   56  operating a facility under the authority of the department. The
   57  amount paid for any facility may not exceed 1 percent of the
   58  cost to construct the facility, less building impact fees
   59  imposed by the municipality or county. This section expires July
   60  1, 2010.
   61         Section 3. In order to implement Specific Appropriations
   62  607 through 707 and 738 through 773 of the 2009-2010 General
   63  Appropriations Act, subsection (4) of section 216.262, Florida
   64  Statutes, is amended to read:
   65         216.262 Authorized positions.—
   66         (4) Notwithstanding the provisions of this chapter on
   67  increasing the number of authorized positions, and for the 2009
   68  2010 2008-2009 fiscal year only, if the actual inmate population
   69  of the Department of Corrections exceeds the inmate population
   70  projections of the February 16, 2009 February 15, 2008, Criminal
   71  Justice Estimating Conference by 1 percent for 2 consecutive
   72  months or 2 percent for any month, the Executive Office of the
   73  Governor, with the approval of the Legislative Budget
   74  Commission, shall immediately notify the Criminal Justice
   75  Estimating Conference, which shall convene as soon as possible
   76  to revise the estimates. The Department of Corrections may then
   77  submit a budget amendment requesting the establishment of
   78  positions in excess of the number authorized by the Legislature
   79  and additional appropriations from unallocated general revenue
   80  sufficient to provide for essential staff, fixed capital
   81  improvements, and other resources to provide classification,
   82  security, food services, health services, and other variable
   83  expenses within the institutions to accommodate the estimated
   84  increase in the inmate population. All actions taken pursuant to
   85  the authority granted in this subsection shall be subject to
   86  review and approval by the Legislative Budget Commission. This
   87  subsection expires July 1, 2010 2009.
   88         Section 4. In order to implement Specific Appropriations
   89  1266 and 1267 of the 2009-2010 General Appropriations Act, the
   90  Department of Legal Affairs is authorized to expend appropriated
   91  funds in those specific appropriations on the same programs that
   92  were funded by the department pursuant to specific
   93  appropriations made in general appropriations acts in prior
   94  years. This section expires July 1, 2010.
   95         Section 5. In order to implement Specific Appropriations
   96  738 through 754 of the 2009-2010 General Appropriations Act,
   97  section 945.6041, Florida Statutes, is created to read:
   98         945.6041Inmate medical services.—
   99         (1)As used in this section, the term:
  100         (a)“Emergency medical transportation services” includes,
  101  but is not limited to, services rendered by ambulances,
  102  emergency medical services vehicles, and air ambulances as those
  103  terms are defined in s. 401.23.
  104         (b)“Health care provider” has the same meaning as provided
  105  in s. 766.105.
  106         (2)(a)Compensation to a health care provider to provide
  107  inmate medical services may not exceed 110 percent of the
  108  Medicare allowable rate if the health care provider does not
  109  have a contract to provide services with the department or the
  110  private correctional facility, as defined in s. 944.710, which
  111  houses the inmate.
  112         (b)Notwithstanding paragraph (a), compensation to a health
  113  care provider to provide inmate medical services may not exceed
  114  125 percent of the Medicare allowable rate if:
  115         1.The health care provider does not have a contract to
  116  provide services with the department or the private correctional
  117  facility, as defined in s. 944.710, which houses the inmate; and
  118         2.The health care provider reported a negative operating
  119  margin for the previous year to the Agency for Health Care
  120  Administration through hospital-audited financial data.
  121         (3)Compensation to an entity to provide emergency medical
  122  transportation services for inmates may not exceed 110 percent
  123  of the Medicare allowable rate if the entity does not have a
  124  contract with the department or a private correctional facility,
  125  as defined in s. 944.710, to provide the services.
  126         (4)This section does not apply to charges for medical
  127  services provided at a hospital operated by the department.
  128         (5)This section expires July 1, 2010.
  129         Section 6. In order to implement Specific Appropriations
  130  1231, 1251, 1272, and 1282 of the 2009-2010 General
  131  Appropriations Act, the Department of Legal Affairs is
  132  authorized to transfer cash remaining after required
  133  disbursements for Attorney General case numbers 16-2008-CA-01,
  134  and 3142CV-C from FLAIR account 41-74-2-601001-41100100-00
  135  181076-00 to the Operating Trust Fund to pay salaries and
  136  benefits. This section expires July 1, 2010.
  137         Section 7. A section of this act that implements a specific
  138  appropriation or specifically identified proviso language in the
  139  2009-2010 General Appropriations Act is void if the specific
  140  appropriation or specifically identified proviso language is
  141  vetoed. A section of this act that implements more than one
  142  specific appropriation or more than one portion of specifically
  143  identified proviso language in the 2009-2010 General
  144  Appropriations Act is void if all the specific appropriations or
  145  portions of specifically identified proviso language are vetoed.
  146         Section 8. If any other act passed during the 2009 Regular
  147  Session contains a provision that is substantively the same as a
  148  provision in this act, but that removes or is otherwise not
  149  subject to the future repeal applied to such provision by this
  150  act, the Legislature intends that the provision in the other act
  151  takes precedence and continues to operate, notwithstanding the
  152  future repeal provided by this act.
  153         Section 9. If any provision of this act or its application
  154  to any person or circumstance is held invalid, the invalidity
  155  does not affect other provisions or applications of the act
  156  which can be given effect without the invalid provision or
  157  application, and to this end the provisions of this act are
  158  severable.
  159         Section 10. This act shall take effect July 1, 2009; or, if
  160  this act fails to become a law until after that date, it shall
  161  take effect upon becoming a law and shall operate retroactively
  162  to July 1, 2009.

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