August 26, 2019
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       ENROLLED
       2009 Legislature                          SB 2602, 1st Engrossed
       
       
       
       
       
       
                                                             20092602er
    1  
    2         An act implementing the 2009-2010 General
    3         Appropriations Act; providing legislative intent;
    4         authorizing the Department of Corrections and the
    5         Department of Juvenile Justice to use certain
    6         appropriated funds to assist in defraying the costs
    7         incurred by a county or a municipality to open or
    8         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; authorizing
   23         the Department of Legal Affairs to transfer certain
   24         funds from certain cases to the Operating Trust Fund
   25         to pay salaries and benefits; providing an expiration
   26         date for the transfer of funds; authorizing the Chief
   27         Justice of the Supreme Court to request a loan of
   28         funds from the General Revenue Fund to be deposited
   29         into the State Courts Revenue Trust Fund under certain
   30         circumstances; amending s. 932.7055, F.S.; delaying
   31         the expiration of provisions authorizing a
   32         municipality to expend funds from its special law
   33         enforcement trust fund to reimburse the municipality’s
   34         general fund; amending s. 339.135, F.S.; providing for
   35         use of transportation revenues; providing for revised
   36         funding levels for Department of Transportation
   37         projects; requiring that the Department of
   38         Transportation transfer funds to the Office of
   39         Tourism, Trade, and Economic Development for the
   40         purpose of funding transportation-related needs of
   41         economic development; deleting obsolete provisions;
   42         amending s. 216.292, F.S.; permitting the Legislative
   43         Budget Commission to review and approve
   44         recommendations by the Governor for fixed capital
   45         outlay projects funded by grants awarded from the
   46         American Recovery and Reinvestment Act of 2009;
   47         providing for future expiration; authorizing the
   48         Executive Office of the Governor to transfer funds
   49         appropriated for the American Recovery and
   50         Reinvestment Act of 2009 in traditional appropriation
   51         categories in the General Appropriations Act to
   52         appropriation categories established for the specific
   53         purpose of tracking funds appropriated for the act;
   54         amending s. 394.908, F.S.; delaying the expiration of
   55         provisions requiring that funds appropriated for
   56         forensic mental health treatment services be allocated
   57         to the areas of the state having the greatest demand
   58         for services and treatment capacity; providing
   59         allocation requirements for specified funds
   60         appropriated for mental health services; amending s.
   61         400.179, F.S; revising provisions relating to
   62         liability for Medicaid underpayments and overpayments;
   63         providing that certain provisions relating to the
   64         transfer of a facility that has been leased by the
   65         transferor do not apply; providing for future
   66         expiration; requiring that the Department of Health
   67         issue a request for proposals and enter into a
   68         contract for a replacement facility for the A.G.
   69         Holley State Hospital and for inpatient services and
   70         other operations provided by such hospital; providing
   71         requirements for the request for proposals; providing
   72         for future expiration; amending Specific Appropriation
   73         208 of s. 3, chapter 2008-152, Laws of Florida,
   74         relating to Medicaid low-income pool payments to
   75         hospitals provider access systems; providing that
   76         funding be distributed in a three-step allocation
   77         process; amending s. 1, chapter 2007-174, Laws of
   78         Florida; delaying the expiration of provisions
   79         authorizing the Department of Children and Family
   80         Services to begin the process of reorganization;
   81         requiring that the Department of Children and Family
   82         Services ensure that information is entered into the
   83         Florida Safe Families Network; requiring coordination
   84         between the department and the Office of the State
   85         Courts Administrator to provide information relating
   86         to child welfare cases; requiring a report to the
   87         Governor and Legislature; requiring that contracts
   88         between the Department of Children and Family Services
   89         and community-based care agencies be funded by a grant
   90         of general revenue, other state trust funds, and
   91         applicable federal funding sources; requiring that
   92         community-based care agencies document federal funds
   93         earned and return undocumented federal funds earned;
   94         authorizing an increase in the amount of the annual
   95         contract for a community-based care agency by using
   96         excess federal funds; authorizing certain
   97         expenditures; providing requirements for fixed-price
   98         contracts; providing for future expiration;
   99         authorizing the Agency for Health Care Administration
  100         to exclude the University of Miami at Cedars Hospital
  101         in Miami-Dade County from participating in the
  102         hospitalist program; authorizing the agency to
  103         continue the physician lock-in program for
  104         participating recipients of such program; providing
  105         for future expiration; providing an exception to
  106         proviso language contained in Specific Appropriation
  107         438 of the 2009-2010 General Appropriations Act;
  108         requiring that a maximum of 2.5 percent be spent on
  109         direct services per direct client service provider per
  110         year; authorizing the Executive Office of the Governor
  111         to transfer funds between departments for purposes of
  112         aligning amounts paid for risk management premiums and
  113         for purposes of aligning amounts paid for human
  114         resource management services; authorizing the
  115         Executive Office of the Governor to transfer funds
  116         between departments for purposes of aligning the
  117         budget authority granted to each agency with the
  118         reductions in employee compensation; amending s.
  119         218.12, F.S.; requiring that the value of assessments
  120         reduced pursuant to s. 4(d)(8)a. of Art. VII of the
  121         State Constitution include only the reduction in
  122         taxable value for homesteads established in the
  123         preceding year; providing for reversion of statutory
  124         text of certain provisions; amending s. 253.034, F.S.;
  125         authorizing the deposit of funds derived from the sale
  126         of property by the Department of Citrus into the
  127         Citrus Advertising Trust Fund; providing for the
  128         expiration of such authorization; reenacting s.
  129         255.518(1)(b), F.S., relating to the payment of
  130         obligations during the construction of a facility
  131         financed by such obligations; providing for reversion
  132         of statutory text of certain provisions; amending s.
  133         255.503, F.S.; delaying the expiration of provisions
  134         relating to the Florida Facilities Pool; amending s.
  135         373.59, F.S.; providing for the allocation of moneys
  136         from the Water Management Lands Trust Fund for certain
  137         purposes; providing an expiration date; amending s.
  138         376.3071, F.S.; delaying the repeal of provisions
  139         relating to funding from the Inland Protection Trust
  140         Fund for site restoration; amending s. 403.1651, F.S.;
  141         providing that funds from the Ecosystem Management and
  142         Restoration Trust Fund be used for the purpose of
  143         funding activities to preserve and repair the state’s
  144         beaches; providing for reversion of statutory text of
  145         certain provisions; amending s. 570.20, F.S.; delaying
  146         the expiration of provisions authorizing the
  147         Department of Agriculture and Consumer Services to use
  148         funds from the General Inspection Trust Fund for
  149         certain programs; amending s. 403.7095, F.S.;
  150         requiring that the Department of Environmental
  151         Protection award a specified amount in grants equally
  152         to certain counties for waste tire and litter
  153         prevention, recycling education, and general solid
  154         waste programs; providing for future expiration;
  155         authorizing the Department of Agriculture and Consumer
  156         Services to extend, revise, and renew current
  157         contracts or agreements created or entered into for
  158         the purpose of promotion agriculture; providing for
  159         future expiration; prohibiting any state agency from
  160         adopting or implementing a rule or policy mandating or
  161         establishing new nitrogen-reduction limits under
  162         certain circumstances; providing for the future repeal
  163         of such prohibition; amending s. 288.1254, F.S.;
  164         revising provisions relating to the entertainment
  165         industry financial incentive program; increasing the
  166         amount of incentive funding to be appropriated in any
  167         state fiscal year for the independent Florida
  168         filmmaker queue and the digital media projects queue;
  169         providing that funding from such queue be made
  170         available to a qualified project in the digital media
  171         projects queue under certain circumstances; amending
  172         s. 288.95155, F.S.; revising provisions relating to
  173         the Florida Small Business Technology Growth Program;
  174         requiring that Enterprise Florida, Inc., advance a
  175         specified amount from the small business technology
  176         growth account within the Florida Technology Research
  177         Investment Fund to the Institute for Commercialization
  178         of Public Research; providing for future expiration;
  179         providing for reversion of statutory text of certain
  180         provisions; amending s. 339.08, F.S.; delaying the
  181         expiration of provisions relating to the use of moneys
  182         in the State Transportation Trust Fund for certain
  183         administrative expenses; authorizing the Department of
  184         Transportation to use moneys from the State
  185         Transportation Trust Fund to pay for county and school
  186         district transportation infrastructure improvements;
  187         authorizing the transfer of funds from the State
  188         Transportation Trust Fund to the General Revenue Fund
  189         under certain circumstances; providing for future
  190         expiration of such authorization; amending s. 445.009,
  191         F.S.; providing that a participant in an adult or
  192         youth work experience activity under ch. 445, F.S., is
  193         an employee of the state for purposes of workers’
  194         compensation coverage; providing for future
  195         expiration; amending s. 332.007, F.S.; authorizing the
  196         Department of Transportation to fund operational and
  197         maintenance assistance security projects at publicly
  198         owned public-use airports; providing for the future
  199         expiration of such authority and the reversion of
  200         statutory text; creating the Florida Homebuyer
  201         Opportunity Program within the Florida Housing Finance
  202         Corporation; providing legislative intent; defining
  203         the term “anticipated federal assistance”; providing
  204         duties for the corporation to implement and administer
  205         the program; providing certain requirements for the
  206         program; requiring that the administration of the
  207         program be consistent with certain Federal Housing
  208         Administration requirements; requiring that the
  209         corporation negotiate with private lenders to borrow
  210         additional funds to support the program; providing for
  211         future expiration of the program; providing that the
  212         annual salary of the members of the Legislature be
  213         reduced by 7 percent; providing for future expiration;
  214         amending s. 110.123, F.S.; providing for the state’s
  215         monthly contribution for employees under the state
  216         group insurance program; amending s. 112.24, F.S.;
  217         providing conditions on the assignment of an employee
  218         of a state agency without reimbursement from the
  219         receiving agency; requiring that each agency develop a
  220         wireless device assignment plan limiting the use of
  221         cellular telephones, personal digital assistants, and
  222         other devices; requiring that each agency review such
  223         use and submit a report to the Legislature by a
  224         specified date; providing that the report contain
  225         certain information; providing for future expiration
  226         of such provisions; reenacting s. 215.32(2)(b), F.S.,
  227         relating to the transfer of moneys from trust funds to
  228         the General Revenue Fund; reenacting s.
  229         215.5601(4)(b), F.S., relating to the administration
  230         of the Lawton Chiles Endowment Fund; amending s.
  231         377.6015, F.S.; revising provisions relating to
  232         initial appointments to the Florida Energy and Climate
  233         Commission; providing for retroactive application;
  234         repealing s. 49, chapter 2008-153, Laws of Florida;
  235         abrogating the future repeal of an amendment made by
  236         that chapter to s. 215.5601(4), F.S., and abrogating
  237         the revision of the text of that subsection to that in
  238         existence on June 30, 2009, with specified exceptions;
  239         providing a statement of public interest with respect
  240         to the issuance of new debt to address a critical
  241         state emergency; limiting the use of state funds for
  242         travel by state employees to activities that are
  243         critical to each state agency’s mission; requiring
  244         that each agency head approve such travel in writing;
  245         providing exceptions; providing for future expiration;
  246         providing for the effect of a veto of one or more
  247         specific appropriations or proviso to which
  248         implementing language refers; providing for other acts
  249         passed during the 2009 Regular Session which contain
  250         provisions that are substantively the same as the
  251         provisions of this act to take precedence under
  252         certain circumstances; providing for severability;
  253         providing effective dates.
  254  
  255  Be It Enacted by the Legislature of the State of Florida:
  256  
  257         Section 1. It is the intent of the Legislature that the
  258  implementing and administering provisions of this act apply to
  259  the General Appropriations Act for the 2009-2010 fiscal year.
  260         Section 2. In order to fulfill legislative intent regarding
  261  the use of funds contained in Specific Appropriations 617, 631,
  262  644, and 1112 of the 2009-2010 General Appropriations Act, the
  263  Department of Corrections and the Department of Juvenile Justice
  264  may expend appropriated funds to assist in defraying the costs
  265  of impacts that are incurred by a municipality or county and
  266  that are associated with opening or operating a facility under
  267  the authority of the department. The amount paid for any
  268  facility may not exceed 1 percent of the cost to construct the
  269  facility, less building impact fees imposed by the municipality
  270  or county. This section expires July 1, 2010.
  271         Section 3. In order to implement Specific Appropriations
  272  607 through 705 and 738 through 773 of the 2009-2010 General
  273  Appropriations Act, subsection (4) of section 216.262, Florida
  274  Statutes, is amended to read:
  275         216.262 Authorized positions.—
  276         (4) Notwithstanding the provisions of this chapter on
  277  increasing the number of authorized positions, and for the 2009
  278  2010 2008-2009 fiscal year only, if the actual inmate population
  279  of the Department of Corrections exceeds the inmate population
  280  projections of the April 30, 2009 February 15, 2008, Criminal
  281  Justice Estimating Conference by 1 percent for 2 consecutive
  282  months or 2 percent for any month, the Executive Office of the
  283  Governor, with the approval of the Legislative Budget
  284  Commission, shall immediately notify the Criminal Justice
  285  Estimating Conference, which shall convene as soon as possible
  286  to revise the estimates. The Department of Corrections may then
  287  submit a budget amendment requesting the establishment of
  288  positions in excess of the number authorized by the Legislature
  289  and additional appropriations from unallocated general revenue
  290  sufficient to provide for essential staff, fixed capital
  291  improvements, and other resources to provide classification,
  292  security, food services, health services, and other variable
  293  expenses within the institutions to accommodate the estimated
  294  increase in the inmate population. All actions taken pursuant to
  295  the authority granted in this subsection shall be subject to
  296  review and approval by the Legislative Budget Commission. This
  297  subsection expires July 1, 2010 July 1, 2009.
  298         Section 4. In order to implement Specific Appropriations
  299  1266 and 1267 of the 2009-2010 General Appropriations Act, the
  300  Department of Legal Affairs is authorized to expend appropriated
  301  funds in those specific appropriations on the same programs that
  302  were funded by the department pursuant to specific
  303  appropriations made in general appropriations acts in prior
  304  years. This section expires July 1, 2010.
  305         Section 5. In order to implement Specific Appropriations
  306  1231, 1244, 1251, 1272, and 1282 of the 2009-2010 General
  307  Appropriations Act, the Department of Legal Affairs is
  308  authorized to transfer cash remaining after required
  309  disbursements for Attorney General case numbers 16-2008-CA-01
  310  3142CV-C and CACE08022328 from FLAIR account 41-74-2-601001
  311  41100100-00-181076-00 to the Operating Trust Fund to pay
  312  salaries and benefits. This section expires July 1, 2010.
  313         Section 6. In order to implement section 7 of the 2009-2010
  314  General Appropriations Act, the Chief Justice of the Supreme
  315  Court may request a loan of funds pursuant to s. 215.18, Florida
  316  Statutes, notwithstanding the trust fund’s ability to repay the
  317  loan by the end of the fiscal year, if, at any time during the
  318  2009-2010 fiscal year, the Revenue Estimating Conference
  319  projects that revenue deposited into the State Courts Revenue
  320  Trust Fund will be less than 98 percent of the amount
  321  appropriated from the trust fund in the General Appropriations
  322  Act for the 2009-2010 fiscal year.
  323         Section 7. In order to implement Specific Appropriations
  324  1169 and 1175 of the 2009-2010 General Appropriations Act,
  325  paragraph (d) of subsection (4) of section 932.7055, Florida
  326  Statutes, is amended to read:
  327         932.7055 Disposition of liens and forfeited property.—
  328         (4) The proceeds from the sale of forfeited property shall
  329  be disbursed in the following priority:
  330         (d) Notwithstanding any other provision of this subsection,
  331  and for the 2009-2010 2008-2009 fiscal year only, the funds in a
  332  special law enforcement trust fund established by the governing
  333  body of a municipality may be expended to reimburse the general
  334  fund of the municipality for moneys advanced from the general
  335  fund to the special law enforcement trust fund prior to October
  336  1, 2001. This paragraph expires July 1, 2010 2009.
  337         Section 8. In order to implement section 59 of the 2009
  338  2010 General Appropriations Act, paragraph (a) of subsection (4)
  339  of section 339.135, Florida Statutes, is amended to read:
  340         339.135 Work program; legislative budget request;
  341  definitions; preparation, adoption, execution, and amendment.—
  342         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
  343         (a)1. To assure that no district or county is penalized for
  344  local efforts to improve the State Highway System, the
  345  department shall, for the purpose of developing a tentative work
  346  program, allocate funds for new construction to the districts,
  347  except for the turnpike enterprise, based on equal parts of
  348  population and motor fuel tax collections. Funds for
  349  resurfacing, bridge repair and rehabilitation, bridge fender
  350  system construction or repair, public transit projects except
  351  public transit block grants as provided in s. 341.052, and other
  352  programs with quantitative needs assessments shall be allocated
  353  based on the results of these assessments. The department may
  354  not transfer any funds allocated to a district under this
  355  paragraph to any other district except as provided in subsection
  356  (7). Funds for public transit block grants shall be allocated to
  357  the districts pursuant to s. 341.052. Funds for the intercity
  358  bus program provided for under s. 5311(f) of the federal
  359  nonurbanized area formula program shall be administered and
  360  allocated directly to eligible bus carriers as defined in s.
  361  341.031(12) at the state level rather than the district. In
  362  order to provide state funding to support the intercity bus
  363  program provided for under provisions of the federal 5311(f)
  364  program, the department shall allocate an amount equal to the
  365  federal share of the 5311(f) program from amounts calculated
  366  pursuant to s. 206.46(3).
  367         2. Notwithstanding the provisions of subparagraph 1., the
  368  department shall allocate at least 50 percent of any new
  369  discretionary highway capacity funds to the Florida Strategic
  370  Intermodal System created pursuant to s. 339.61. Any remaining
  371  new discretionary highway capacity funds shall be allocated to
  372  the districts for new construction as provided in subparagraph
  373  1. For the purposes of this subparagraph, the term “new
  374  discretionary highway capacity funds” means any funds available
  375  to the department above the prior year funding level for
  376  capacity improvements, which the department has the discretion
  377  to allocate to highway projects.
  378         3. Notwithstanding subparagraph 1. and ss. 206.46(3),
  379  334.044(26), and 339.2819(3), and for the 2009-2010 fiscal year
  380  only, the department shall reduce work program levels to balance
  381  the finance plan to the revised funding levels resulting from
  382  any reduction in the 2009-2010 General Appropriations Act. This
  383  subparagraph expires July 1, 2010.
  384         4. For the 2009-2010 fiscal year only, prior to any project
  385  or phase thereof being deferred, the department’s cash balances
  386  shall be as provided in s. 339.135(6)(b), and the reductions in
  387  subparagraph 3. shall be made to financial projects not
  388  programmed for contract letting as identified with a work
  389  program contract class code 8 and the box code RV. These
  390  reductions shall not negatively impact safety or maintenance or
  391  project contingency percentage levels as of April 21, 2009. This
  392  subparagraph expires July 1, 2010.
  393         Section 9. In order to implement Specific Appropriation
  394  2042 of the 2009-2010 General Appropriations Act, subsection (5)
  395  of section 339.135, Florida Statutes, is amended to read:
  396         339.135 Work program; legislative budget request;
  397  definitions; preparation, adoption, execution, and amendment.—
  398         (5)(a) ADOPTION OF THE WORK PROGRAM.—
  399         (a) The original approved budget for operational and fixed
  400  capital expenditures for the department shall be the Governor’s
  401  budget recommendation and the first year of the tentative work
  402  program, as both are amended by the General Appropriations Act
  403  and any other act containing appropriations. In accordance with
  404  the appropriations act, the department shall, prior to the
  405  beginning of the fiscal year, adopt a final work program which
  406  shall only include the original approved budget for the
  407  department for the ensuing fiscal year together with any roll
  408  forwards approved pursuant to paragraph (6)(c) and the portion
  409  of the tentative work program for the following 4 fiscal years
  410  revised in accordance with the original approved budget for the
  411  department for the ensuing fiscal year together with said roll
  412  forwards. The adopted work program may include only those
  413  projects submitted as part of the tentative work program
  414  developed under the provisions of subsection (4) plus any
  415  projects which are separately identified by specific
  416  appropriation in the General Appropriations Act and any roll
  417  forwards approved pursuant to paragraph (6)(c). However, any
  418  transportation project of the department which is identified by
  419  specific appropriation in the General Appropriations Act shall
  420  be deducted from the funds annually distributed to the
  421  respective district pursuant to paragraph (4)(a). In addition,
  422  the department shall not in any year include any project or
  423  allocate funds to a program in the adopted work program that is
  424  contrary to existing law for that particular year. Projects
  425  shall not be undertaken unless they are listed in the adopted
  426  work program.
  427         (b) Notwithstanding paragraph (a), and for the 2009-2010
  428  2008-2009 fiscal year only, the Department of Transportation
  429  shall transfer funds to the Office of Tourism, Trade, and
  430  Economic Development in an amount equal to $20,300,000
  431  $36,750,000 for the purpose of funding transportation-related
  432  needs of economic development projects, space and aerospace
  433  infrastructure, and other economic development projects. This
  434  transfer shall not reduce, delete, or defer any existing
  435  projects funded, as of July 1, 2009 2008, in the Department of
  436  Transportation’s 5-year work program. This paragraph expires
  437  July 1, 2010 2009.
  438         (c) Notwithstanding paragraph (a) or subparagraph (4)(a)1.,
  439  and for the 2008-2009 fiscal year only, the Department of
  440  Transportation shall fund projects in Specific Appropriations
  441  2063, 2071, 2077, 2079, 2102, 2106, 2109, and 2116 of the 2008
  442  2009 General Appropriations Act. Funding for these specific
  443  appropriations shall be from projects or phases thereof within
  444  the department’s fiscal year 2008-2009 work program not
  445  programmed for contract letting as identified with a work
  446  program contract class code 8 and the box code RV. This funding
  447  shall not negatively impact safety, preservation, maintenance,
  448  or project contingency levels as of July 1, 2008. This paragraph
  449  expires July 1, 2009.
  450         Section 10. In order to implement sections 2 through 7 of
  451  the 2009-2010 General Appropriations Act, subsection (5) of
  452  section 216.292, Florida Statutes, is amended to read:
  453         216.292 Appropriations nontransferable; exceptions.—
  454         (5)(a) A transfer of funds may not result in the initiation
  455  of a fixed capital outlay project that has not received a
  456  specific legislative appropriation.
  457         (b) Notwithstanding paragraph (a), and for the 2009-2010
  458  fiscal year only, the Governor may recommend the initiation of
  459  fixed capital outlay projects funded by grants awarded by the
  460  Federal Government through the American Recovery and
  461  Reinvestment Act of 2009. All actions taken pursuant to the
  462  authority granted in the paragraph are subject to review and
  463  approval by the Legislative Budget Commission. This paragraph
  464  expires July 1, 2010.
  465         (b) Notwithstanding paragraph (a), and for the 2007-2008
  466  fiscal year only, the Governor may recommend the initiation of
  467  fixed capital outlay projects funded by grants awarded by the
  468  Federal Emergency Management Agency for FEMA Disaster
  469  Declarations 1539-DR-FL, 1545-DR-FL, 1551-DR-FL, 1561-DR-FL,
  470  1595-DR-FL, 1602-DR-FL, 1609-DR-FL, and EM3259-FL. All actions
  471  taken pursuant to the authority granted in this paragraph are
  472  subject to review and approval by the Legislative Budget
  473  Commission. This paragraph expires July 1, 2008.
  474         Section 11. In order to implement sections 2 through 7 of
  475  the 2009-2010 General Appropriations Act, the Executive Office
  476  of the Governor is authorized to transfer funds appropriated for
  477  the American Recovery and Reinvestment Act of 2009 (ARRA) in
  478  traditional appropriation categories in the 2009-2010 General
  479  Appropriations Act to appropriation categories established for
  480  the specific purpose of tracking funds appropriated for the
  481  ARRA.
  482         Section 12. In order to implement Specific Appropriations
  483  316 through 347 of the 2009-2010 General Appropriations Act,
  484  paragraphs (b) and (c) of subsection (3) of section 394.908,
  485  Florida Statutes, are amended to read:
  486         394.908 Substance abuse and mental health funding equity;
  487  distribution of appropriations.—In recognition of the historical
  488  inequity in the funding of substance abuse and mental health
  489  services for the department’s districts and regions and to
  490  rectify this inequity and provide for equitable funding in the
  491  future throughout the state, the following funding process shall
  492  be used:
  493         (3)
  494         (b) Notwithstanding paragraph (a) and for the 2009-2010
  495  2008-2009 fiscal year only, funds appropriated for forensic
  496  mental health treatment services shall be allocated to the areas
  497  of the state having the greatest demand for services and
  498  treatment capacity. This paragraph expires July 1, 2010 2009.
  499         (c) Notwithstanding paragraph (a) and for the 2009-2010
  500  2008-2009 fiscal year only, additional funds appropriated for
  501  substance abuse and mental health services from funds available
  502  through the Community-Based Medicaid Administrative Claiming
  503  Program shall be allocated as provided in the 2009-2010 2008
  504  2009 General Appropriations Act and in proportion to contributed
  505  provider earnings. Where these mental health funds are used in
  506  lieu of funds from the General Revenue Fund, the allocation of
  507  funds shall be unchanged from the allocation for those funds for
  508  the 2007-2008 fiscal year. This paragraph expires July 1, 2010
  509  2009.
  510         Section 13. In order to implement Specific Appropriation
  511  219 of the 2009-2010 General Appropriations Act, paragraph (e)
  512  is added to subsection (2) of section 400.179, Florida Statutes,
  513  to read:
  514         400.179 Liability for Medicaid underpayments and
  515  overpayments.—
  516         (2) Because any transfer of a nursing facility may expose
  517  the fact that Medicaid may have underpaid or overpaid the
  518  transferor, and because in most instances, any such underpayment
  519  or overpayment can only be determined following a formal field
  520  audit, the liabilities for any such underpayments or
  521  overpayments shall be as follows:
  522         (e) For the 2009-2010 fiscal year only, the provisions of
  523  paragraph (d) shall not apply. This paragraph expires July 1,
  524  2010.
  525         Section 14. In order to implement Specific Appropriations
  526  448, 450, 456, 458, and 459 of the 2009-2010 General
  527  Appropriations Act:
  528         (1) The Department of Health shall issue a request for
  529  proposals, as defined in s. 287.012, Florida Statutes, and shall
  530  enter into a contract no later than March 1, 2010, for a
  531  replacement facility for the A.G. Holley State Hospital and for
  532  the provision of inpatient hospital services and other
  533  operations currently provided by the A.G. Holley State Hospital.
  534         (2) The request for proposals shall specify that responses
  535  may include proposals to design and construct a new hospital, to
  536  move the location of the hospital, or to co-locate the hospital
  537  with existing state, public, or private facilities. The request
  538  for proposals shall specify that any proposals to construct a
  539  new hospital on the existing A.G. Holley State Hospital campus
  540  shall be limited to using no more than 15 acres of the existing
  541  campus. Proposals may not address future uses for the existing
  542  campus, other than the portion of the campus which may be used
  543  for a replacement facility.
  544         (3) The request for proposals shall specify that qualified
  545  respondents shall have experience in the administration of
  546  inpatient services and shall document a plan for securing staff
  547  having expertise in the treatment of patients who have active
  548  tuberculosis. Hospital operations may not include public health
  549  functions related to tuberculosis control and prevention. Such
  550  functions shall remain the responsibility of the Department of
  551  Health. The provision of hospital services shall commence upon
  552  the availability of the replacement facility. The request for
  553  proposals shall require that the number of beds for the
  554  replacement facility be limited to the highest average census
  555  for the last 5 fiscal years. A qualified respondent shall submit
  556  an application for accreditation to the Joint Commission on
  557  Accreditation of Healthcare Organizations within 6 months after
  558  commencing the operation of its facility and must receive
  559  accreditation within 18 months after commencing the operation of
  560  its facility.
  561         (4) The request for proposals shall specify that the
  562  treatment and all other hospital operations may not exceed $9
  563  million annually. Qualifying proposals must identify one or more
  564  methods for financing the costs of relocation or new
  565  construction, which may include, but are not limited to,
  566  sponsoring the issuance of tax-exempt certificates of
  567  participation or other securities, or a lease-purchase agreement
  568  with the state.
  569         (5) This section expires July 1, 2010.
  570         Section 15. In order to support Specific Appropriation 190
  571  of the 2009-2010 General Appropriations Act, the second
  572  paragraph of Specific Appropriation 208 of section 3 of chapter
  573  2008-152, Laws of Florida, is amended to read:
  574         SECTION 3 — HUMAN SERVICES
  575  From the funds in Specific Appropriation 208, $262,640,763
  576  $389,222,032 from the Grants and Donations Trust Fund and
  577  $486,477,214 $483,473,107 from the Medical Care Trust Fund are
  578  provided for Medicaid low-income pool payments to hospitals
  579  provider access systems. The funding shall be distributed in a
  580  three-step two-step allocation process. The first phase of the
  581  allocation process will distribute payments to qualified
  582  hospitals based on the amount of local government funding
  583  provided for the uninsured and underinsured. Payments to
  584  qualified hospitals will be capped at 117.4 percent of the
  585  amount of local government funding it would have received for
  586  the uninsured and underinsured without the Low Income Pool
  587  program. The second phase of the allocation process is to
  588  distribute $32,634,201 to qualifying hospitals that received a
  589  payment in the first phase of the allocation. These funds shall
  590  be distributed to the qualifying hospitals proportionally based
  591  on the amount that each hospital earned in the first phase of
  592  the allocation which was in excess of the local government
  593  funding. The third phase of the allocation process shall
  594  distribute $122,814,911 the remaining funds based on a
  595  hospital’s Medicaid days, charity care days, and 50 percent of
  596  bad debt days to the total Medicaid days, charity care days, and
  597  50 percent of bad debt days of all qualifying hospitals. To
  598  receive funds in this distribution, the hospital’s Medicaid
  599  days, charity care days and 50 percent of bad debt days divided
  600  by the hospital’s total days must equal or exceed 10 percent. Of
  601  the funds allocated in the third second phase $2,419,573 shall
  602  be allocated to the rural hospitals and the remaining funds
  603  allocated to the remaining hospitals that qualify for a
  604  distribution. All hospitals with accepted 2006 FHURS data are
  605  eligible for the third second phase of the allocation process.
  606         Section 16. Effective June 29, 2009, in order to implement
  607  Specific Appropriation 269 through 365 of the 2009-2010 General
  608  Appropriations Act, subsection (3) of section 1 of chapter 2007
  609  174, Laws of Florida, is amended to read:
  610         Section l. Flexibility for the Department of Children and
  611  Family Services.—
  612         (3) This section expires July 1, 2010 June 30, 2008.
  613         Section 17. In order to implement Specific Appropriations
  614  278A and 288A of the 2009-2010 General Appropriations Act, the
  615  Department of Children and Family Services must ensure that all
  616  public and private agencies and institutions participating in
  617  child welfare cases enter information, specified by department
  618  rule, into the Florida Safe Families Network in order to
  619  maintain the accuracy and usefulness of the system. The network
  620  is intended to be the department’s automated child welfare case
  621  management system designed to provide child welfare workers with
  622  a mechanism for managing child welfare cases more efficiently
  623  and tracking children and families more effectively. The
  624  department shall coordinate with the Office of the State Courts
  625  Administrator to provide any judge or magistrate with access to
  626  information in the network relating to a child welfare case
  627  which is required to be filed with the court pursuant to chapter
  628  39, Florida Statutes, by the date of the network’s release
  629  during the 2009-2010 fiscal year. The department shall report to
  630  the Governor, the President of the Senate, and the Speaker of
  631  the House of Representatives by February 1, 2010, with respect
  632  to progress on providing access to the Florida Safe Families
  633  Network as provided in this section. This section expires July
  634  1, 2010.
  635         Section 18. In order to implement Specific Appropriation
  636  315 of the 2009-2010 General Appropriations Act:
  637         (1) Any contract between the Department of Children and
  638  Family Services and a community-based agency which is authorized
  639  in s. 409.1671, Florida Statutes, must be funded by a grant of
  640  general revenue, other state trust funds, and applicable federal
  641  funding sources. Community-based agencies must document federal
  642  funds earned. Any federal funds earned which are not documented
  643  must be returned to the department. Notwithstanding s.
  644  409.1671(8), Florida Statutes, the amount of the annual contract
  645  for a community-based agency may be increased by excess federal
  646  funds earned in accordance with s. 216.181(11), Florida
  647  Statutes. Notwithstanding any other provision of law to the
  648  contrary, a community-based agency may make expenditures for
  649  staff cellular telephone allowances, contracts requiring
  650  deferred payments and maintenance agreements, security deposits
  651  for office leases, related professional membership dues, and
  652  costs of promotional materials not used for fundraising. The
  653  method of payment for a fixed-price contract with a community
  654  based agency shall include provisions for a 2-month advance
  655  payment at the beginning of each fiscal year and equal monthly
  656  payments thereafter.
  657         (2) This section expires July 1, 2010.
  658         Section 19. In order to implement Specific Appropriation
  659  202 of the 2009-2010 General Appropriations Act and for the
  660  2009-2010 fiscal year only:
  661         (1) In conducting the hospitalist program as required in s.
  662  409.905(5)(d), Florida Statutes, the Agency for Health Care
  663  Administration shall exclude the University of Miami at Cedars
  664  Hospital in Miami-Dade County from participation in the program.
  665  The agency is authorized to modify appropriate contractual
  666  arrangements or federal waivers, as necessary, to effect this
  667  exclusion.
  668         (2) The Agency for Health Care Administration is authorized
  669  to continue the physician lock-in program for recipients who
  670  participate in the pharmacy lock-in program.
  671         (3) This section expires July 1, 2010.
  672         Section 20. Notwithstanding the proviso contained in
  673  Specific Appropriation 438 of the 2009-2010 General
  674  Appropriations Act, no more than a maximum of .25 percent of the
  675  funds in that Specific Appropriation shall be spent on contract
  676  management per direct client service provider per year; a
  677  maximum of 2.5 percent shall be spent on direct services per
  678  direct client services provider per year; and a minimum of 85
  679  percent of all moneys spent shall be spent on overall direct
  680  client service providers.
  681         Section 21. In order to implement the appropriation of
  682  funds in Special Categories-Risk Management Insurance of the
  683  2009-2010 General Appropriations Act, and pursuant to the
  684  notice, review, and objection procedures of s. 216.177, Florida
  685  Statutes, the Executive Office of the Governor is authorized to
  686  transfer funds appropriated in the appropriation category
  687  “Special Categories-Risk Management Insurance” of the 2009-2010
  688  General Appropriations Act between departments in order to align
  689  the budget authority granted with the premiums paid by each
  690  department for risk management insurance. This section expires
  691  July 1, 2010.
  692         Section 22. In order to implement the appropriation of
  693  funds in Special Categories-Transfer to Department of Management
  694  Services-Human Resources Services Purchased Per Statewide
  695  Contract of the 2009-2010 General Appropriations Act, and
  696  pursuant to the notice, review, and objection procedures of s.
  697  216.177, Florida Statutes, the Executive Office of the Governor
  698  is authorized to transfer funds appropriated in the
  699  appropriation category “Special Categories-Transfer to
  700  Department of Management Services-Human Resources Services
  701  Purchased Per Statewide Contract” of the 2009-2010 General
  702  Appropriations Act between departments in order to align the
  703  budget authority granted with the assessments that must be paid
  704  by each agency to the Department of Management Services for
  705  human resource management services. This section expires July 1,
  706  2010.
  707         Section 23. In order to implement the reduction in employee
  708  compensation mandated in the 2009-2010 General Appropriations
  709  Act, and pursuant to the notice, review, and objection
  710  procedures of s. 216.177, Florida Statutes, the Executive Office
  711  of the Governor may transfer funds appropriated in the
  712  appropriation category “Salaries and Benefits” of the 2009-2010
  713  General Appropriations Act between departments in order to align
  714  the budget authority granted to each agency with the reductions
  715  that must be made by each agency pursuant to the 2009-2010
  716  General Appropriations Act. All actions taken pursuant to the
  717  authority granted in this section are subject to the review and
  718  approval of the Legislative Budget Commission. This section
  719  expires July 1, 2010.
  720         Section 24. In order to implement Specific Appropriation
  721  2971, subsection (3) is added to section 218.12, Florida
  722  Statutes, to read:
  723         218.12 Appropriations to offset reductions in ad valorem
  724  tax revenue in fiscally constrained counties.—
  725         (3) In determining the reductions in ad valorem tax
  726  revenues occurring as a result of the implementation of the
  727  revisions to Art. VII of the State Constitution approved in the
  728  special election held on January 29, 2008, the value of
  729  assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the
  730  State Constitution shall include only the reduction in taxable
  731  value for homesteads established January 1, 2009.
  732         Section 25. The amendment to s. 218.12, Florida Statutes,
  733  shall expire July 1, 2010, and the text of that section shall
  734  revert to that in existence on June 30, 2009, except that any
  735  amendments to such text enacted other than by this act shall be
  736  preserved and continue to operate to the extent that such
  737  amendments are not dependent upon the portions of such text
  738  which expire pursuant to this section.
  739         Section 26. In order to implement Specific Appropriations
  740  2299 through 2320 of the 2009-2010 General Appropriations Act,
  741  present subsection (14) of section 253.034, Florida Statutes, is
  742  redesignated as subsection (15), and a new subsection (14) is
  743  added to that section, to read:
  744         253.034 State-owned lands; uses.—
  745         (14) Notwithstanding the provisions of this section, funds
  746  derived from the sale of property by the Department of Citrus
  747  located in Lakeland, Florida, are authorized to be deposited
  748  into the Citrus Advertising Trust Fund. This subsection expires
  749  July 1, 2010.
  750         Section 27. In order to implement Specific Appropriation
  751  2741 of the 2009-2010 General Appropriations Act, paragraph (b)
  752  of subsection (1) of section 255.518, Florida Statutes, is
  753  reenacted to read:
  754         255.518 Obligations; purpose, terms, approval,
  755  limitations.—
  756         (1)
  757         (b) Payment of debt service charges on obligations during
  758  the construction of any facility financed by such obligations
  759  shall be made from funds other than proceeds of obligations.
  760         Section 28. The amendment to s. 255.518(1)(b), Florida
  761  Statutes, as carried forward by this act from chapter 2008-153,
  762  Laws of Florida, shall expire July 1, 2010, and the text of that
  763  paragraph shall revert to that in existence on June 30, 2008,
  764  except that any amendments to such text enacted other than by
  765  this act shall be preserved and continue to operate to the
  766  extent that such amendments are not dependent upon the portions
  767  of such text which expire pursuant to this section.
  768         Section 29. In order to implement Specific Appropriations
  769  2725 through 2738 of the 2009-2010 General Appropriations Act,
  770  paragraph (b) of subsection (7) of section 255.503, Florida
  771  Statutes, is amended to read:
  772         255.503 Powers of the Department of Management Services.
  773  The Department of Management Services shall have all the
  774  authority necessary to carry out and effectuate the purposes and
  775  provisions of this act, including, but not limited to, the
  776  authority to:
  777         (7)
  778         (b) No later than the date upon which the department
  779  recommends to the Division of State Lands of the Department of
  780  Environmental Protection the disposition of any facility within
  781  the Florida Facilities Pool, the department shall provide to the
  782  President of the Senate, the Speaker of the House of
  783  Representatives, the Executive Office of the Governor, and the
  784  Division of Bond Finance of the State Board of Administration an
  785  analysis that includes:
  786         1. The cost benefit of the proposed facility disposition,
  787  including the facility’s current operating expenses, condition,
  788  and market value, and viable alternatives for work space for
  789  impacted state employees.
  790         2. The effect of the proposed facility disposition on the
  791  financial status of the Florida Facilities Pool, including the
  792  effect on rental rates and coverage requirement for the bonds.
  793  
  794  This paragraph expires July 1, 2010 2009.
  795         Section 30. In order to implement Specific Appropriation
  796  1619 of the 2009-2010 General Appropriations Act, subsection
  797  (12) is added to section 373.59, Florida Statutes, to read:
  798         373.59 Water Management Lands Trust Fund.—
  799         (12) Notwithstanding the provisions of subsection (8) and
  800  for the 2009-2010 fiscal year only, the moneys from the Water
  801  Management Lands Trust Fund shall be allocated as follows:
  802         (a) An amount necessary to pay debt service on bonds issued
  803  before February 1, 2009, by the South Florida Water Management
  804  District and the St. Johns River Water Management District,
  805  which are secured by revenues provided pursuant to this section,
  806  or to fund debt service reserve funds, rebate obligations, or
  807  other amounts payable with respect to such bonds;
  808         (b) Eight million dollars to be transferred to the General
  809  Revenue Fund; and
  810         (c) The remaining funds to be distributed equally between
  811  the Suwannee River Water Management District and the Northwest
  812  Florida Water Management District.
  813  
  814  This subsection expires July 1, 2010.
  815         Section 31. In order to implement Specific Appropriation
  816  1733 of the 2009-2010 General Appropriations Act, paragraph (c)
  817  of subsection (5) of section 376.3071, Florida Statutes, is
  818  amended to read:
  819         376.3071 Inland Protection Trust Fund; creation; purposes;
  820  funding.—
  821         (5) SITE SELECTION AND CLEANUP CRITERIA.—
  822         (c) The department shall require source removal, if
  823  warranted and cost-effective, at each site eligible for
  824  restoration funding from the Inland Protection Trust Fund.
  825         1. Funding for free product recovery may be provided in
  826  advance of the order established by the priority ranking system
  827  under paragraph (a) for site cleanup activities. However, a
  828  separate prioritization for free product recovery shall be
  829  established consistent with paragraph (a). No more than $5
  830  million shall be encumbered from the Inland Protection Trust
  831  Fund in any fiscal year for free product recovery conducted in
  832  advance of the priority order under paragraph (a) established
  833  for site cleanup activities.
  834         2. Funding for limited interim soil-source removals for
  835  sites that will become inaccessible for future remediation due
  836  to road infrastructure and right-of-way restrictions resulting
  837  from a pending Department of Transportation road construction
  838  project or for secondary containment upgrading of underground
  839  storage tanks required under chapter 62-761, Florida
  840  Administrative Code, may be provided in advance of the order
  841  established by the priority ranking system under paragraph (a)
  842  for site cleanup activities. The department shall provide
  843  written guidance on the limited source removal information and
  844  technical evaluation necessary to justify a request for a
  845  limited source removal in advance of the priority order pursuant
  846  to paragraph (a) established for site cleanup activities.
  847  Prioritization for limited source removal projects associated
  848  with a secondary containment upgrade in any fiscal year shall be
  849  determined on a first-come, first-served basis according to the
  850  approval date issued under s. 376.30711 for the limited source
  851  removal. Funding for limited source removals associated with
  852  secondary containment upgrades shall be limited to 10 sites in
  853  each fiscal year for each facility owner and any related person.
  854  The limited source removal for secondary containment upgrades
  855  shall be completed no later than 6 months after the department
  856  issues its approval of the project, and the approval
  857  automatically expires at the end of the 6 months. Funding for
  858  Department of Transportation and secondary containment upgrade
  859  source removals may not exceed $50,000 for a single facility
  860  unless the department makes a determination that it is cost
  861  effective and environmentally beneficial to exceed this amount,
  862  but in no event shall the department authorize costs in excess
  863  of $100,000 for a single facility. Department funding for
  864  limited interim soil-source removals associated with Department
  865  of Transportation projects and secondary containment upgrades
  866  shall be limited to supplemental soil assessment, soil
  867  screening, soil removal, backfill material, treatment or
  868  disposal of the contaminated soil, dewatering related to the
  869  contaminated soil removal in an amount of up to 10 percent of
  870  the total interim soil-source removal project costs, treatment,
  871  and disposal of the contaminated groundwater and preparation of
  872  the source removal report. No other costs associated with the
  873  facility upgrade may be paid with department funds. No more than
  874  $1 million for Department of Transportation limited source
  875  removal projects and $10 million for secondary containment
  876  upgrade limited source removal projects conducted in advance of
  877  the priority order established under paragraph (a) for site
  878  cleanup activities shall be encumbered from the Inland
  879  Protection Trust Fund in any fiscal year. This subparagraph is
  880  repealed effective June 30, 2010 2009.
  881         3. Once free product removal and other source removal
  882  identified in this paragraph are completed at a site, and
  883  notwithstanding the order established by the priority ranking
  884  system under paragraph (a) for site cleanup activities, the
  885  department may reevaluate the site to determine the degree of
  886  active cleanup needed to continue site rehabilitation. Further,
  887  the department shall determine if the reevaluated site qualifies
  888  for natural attenuation monitoring or no further action. If
  889  additional site rehabilitation is necessary to reach no further
  890  action status, the site rehabilitation shall be conducted in the
  891  order established by the priority ranking system under paragraph
  892  (a) and the department is encouraged to utilize natural
  893  attenuation and monitoring where site conditions warrant.
  894         Section 32. In order to implement Specific Appropriations
  895  1690, 1691, 1692, 1694, and 1695, paragraph (g) is added to
  896  subsection (1) of section 403.1651, Florida Statutes, to read:
  897         403.1651 Ecosystem Management and Restoration Trust Fund.—
  898         (1) There is created the Ecosystem Management and
  899  Restoration Trust Fund to be administered by the Department of
  900  Environmental Protection for the purposes of:
  901         (g) Funding activities to preserve and repair the state’s
  902  beaches as provided in ss. 161.091-161.212.
  903         Section 33. The amendment to s. 403.1651(1), Florida
  904  Statutes, made by this act shall expire July 1, 2010, and the
  905  text of that subsection shall revert to that in existence on
  906  June 30, 2009, except that any amendments to such text enacted
  907  other than by this act shall be preserved and continue to
  908  operate to the extent that such amendments are not dependent
  909  upon the portions of such text which expire pursuant to this
  910  section.
  911         Section 34. In order to implement Specific Appropriations
  912  1294 through 1454 of the 2009-2010 General Appropriations Act,
  913  subsection (2) of section 570.20, Florida Statutes, is amended
  914  to read:
  915         570.20 General Inspection Trust Fund.—
  916         (2) For the 2009-2010 2008-2009 fiscal year only and
  917  notwithstanding any other provision of law to the contrary, in
  918  addition to the spending authorized in subsection (1), moneys in
  919  the General Inspection Trust Fund may be appropriated for
  920  programs operated by the department which are related to the
  921  programs authorized by this chapter. This subsection expires
  922  July 1, 2010 2009.
  923         Section 35. In order to implement Specific Appropriation
  924  1760 of the 2009-2010 General Appropriations Act, present
  925  subsection (7) of section 403.7095, Florida Statutes, is
  926  redesignated as subsection (8), and a new subsection (7) is
  927  added to that section, to read:
  928         403.7095 Solid waste management grant program.—
  929         (7) Notwithstanding any provision of this section to the
  930  contrary, and for the 2009-2010 fiscal year only, the Department
  931  of Environmental Protection shall award the sum of $2,600,000 in
  932  grants equally to counties having populations of fewer than
  933  100,000 for waste tire and litter prevention, recycling
  934  education, and general solid waste programs. This subsection
  935  expires July 1, 2010.
  936         Section 36. In order to implement Specific Appropriation
  937  1407 of the 2009-2010 General Appropriations Act and to provide
  938  consistency and continuity in the promotion of agriculture
  939  throughout the state, notwithstanding s. 287.057, Florida
  940  Statutes, the Department of Agriculture and Consumer Services,
  941  at its discretion, may extend, revise, and renew current
  942  contracts or agreements created or entered into pursuant to
  943  chapter 2006-25, Laws of Florida. This section expires July 1,
  944  2010.
  945         Section 37. (1) In order to implement proviso following
  946  Specific Appropriation 471 of the 2009-2010 General
  947  Appropriations Act, and for the 2009-2010 fiscal year only,
  948  notwithstanding any law to the contrary, a state agency may not
  949  adopt or implement a rule or policy that:
  950         (a) Mandates or establishes new nitrogen-reduction limits
  951  that apply to existing or new onsite sewage treatment systems;
  952         (b) Has the effect of requiring the use of performance
  953  based treatment systems; or
  954         (c) Increases the cost of treatment for nitrogen reduction
  955  from onsite systems,
  956  
  957  before the study and report required in proviso following
  958  Specific Appropriation 471 is completed.
  959         (2) This section is repealed July 1, 2010.
  960         Section 38. In order to implement Specific Appropriation
  961  2577 of the 2009-2010 General Appropriations Act, paragraphs (c)
  962  and (d) of subsection (4) of section 288.1254, Florida Statutes,
  963  are amended to read:
  964         288.1254 Entertainment industry financial incentive
  965  program.—
  966         (4) PRIORITY FOR INCENTIVE FUNDING; WITHDRAWAL OF
  967  ELIGIBILITY; QUEUES.—
  968         (c) Independent Florida filmmaker queue.Ten Five percent
  969  of incentive funding appropriated in any state fiscal year must
  970  be dedicated to the independent Florida filmmaker queue. If
  971  there are no qualified applications in the queue, any funding in
  972  the queue shall be made available to a qualified project in the
  973  digital media projects queue. A production certified under this
  974  queue is eligible for a reimbursement equal to 15 percent of its
  975  actual qualified expenditures. An independent Florida film that
  976  meets the criteria of this queue and demonstrates a minimum of
  977  $100,000, but not more than $625,000, in total qualified
  978  expenditures is eligible for incentive funding. To qualify for
  979  this queue, a qualified production must:
  980         1. Be planned as a feature film or documentary of no less
  981  than 70 minutes in length.
  982         2. Provide evidence of 50 percent of the financing for its
  983  total budget in an escrow account or other form dedicated to the
  984  production.
  985         3. Do all major postproduction in this state.
  986         4. Employ Florida workers in at least six of the following
  987  key positions: writer, director, producer, director of
  988  photography, star or one of the lead actors, unit production
  989  manager, editor, or production designer. As used in this
  990  subparagraph, the term “Florida worker” means a person who has
  991  been a resident of this state for at least 1 year before a
  992  production’s application under subsection (3) was submitted or a
  993  person who graduated from a film school, college, university, or
  994  community college in this state no more than 5 years before such
  995  submittal or who is enrolled full-time in such a school,
  996  college, or university.
  997         (d) Digital media projects queue.Five Ten percent of
  998  incentive funding appropriated in any state fiscal year shall be
  999  dedicated to the digital media projects queue. A production
 1000  certified under this queue is eligible for a reimbursement equal
 1001  to 10 percent of its actual qualified expenditures. A qualified
 1002  production that is a digital media project that demonstrates a
 1003  minimum of $300,000 in total qualified expenditures is eligible
 1004  for a maximum of $1 million in incentive funding. As used in
 1005  this paragraph, the term “qualified expenditures” means the
 1006  wages or salaries paid to a resident of this state for working
 1007  on a single qualified digital media project, up to a maximum of
 1008  $200,000 in wages or salaries paid per resident. A qualified
 1009  production company producing digital media projects may not
 1010  qualify for more than three projects in any 1 fiscal year.
 1011  Projects that extend beyond a fiscal year must reapply each
 1012  fiscal year in order to be eligible for incentive funding for
 1013  that year.
 1014         Section 39. In order to implement section 72 of the 2009
 1015  2010 General Appropriations Act, subsections (2) and (3) of
 1016  section 288.95155, Florida Statutes, are amended to read:
 1017         288.95155 Florida Small Business Technology Growth
 1018  Program.—
 1019         (2)(a) Enterprise Florida, Inc., shall establish a separate
 1020  small business technology growth account in the Florida
 1021  Technology Research Investment Fund for purposes of this
 1022  section. Moneys in the account shall consist of appropriations
 1023  by the Legislature, proceeds of any collateral used to secure
 1024  such assistance, transfers, fees assessed for providing or
 1025  processing such financial assistance, grants, interest earnings,
 1026  and earnings on financial assistance.
 1027         (b) For the 2009-2010 fiscal year only, Enterprise Florida,
 1028  Inc., shall advance up to $600,000 from the account to the
 1029  Institute for Commercialization of Public Research for its
 1030  operations. This paragraph expires July 1, 2010.
 1031         (3) Pursuant to s. 216.351, the amount of any moneys
 1032  appropriated to the account which are unused at the end of the
 1033  fiscal year shall not be subject to reversion under s. 216.301.
 1034  All moneys in the account are continuously appropriated to the
 1035  account and may be used for loan guarantees, letter of credit
 1036  guarantees, cash reserves for loan and letter of credit
 1037  guarantees, payments of claims pursuant to contracts for
 1038  guarantees, subordinated loans, loans with warrants, royalty
 1039  investments, equity investments, grant of awards to companies
 1040  under the auspices of the Institute for Commercialization of
 1041  Public Research, and operations of the program. Any claim
 1042  against the program shall be paid solely from the account.
 1043  Neither the credit nor the taxing power of the state shall be
 1044  pledged to secure the account or moneys in the account, other
 1045  than from moneys appropriated or assigned to the account, and
 1046  the state shall not be liable or obligated in any way for any
 1047  claims against the account or against Enterprise Florida, Inc.
 1048         Section 40. The amendment to s. 288.95155(3), Florida
 1049  Statutes, made by this act shall expire July 1, 2010, and the
 1050  text of that subsection shall revert to that in existence on
 1051  June 30, 2009, except that any amendments to such text enacted
 1052  other than by this act shall be preserved and continue to
 1053  operate to the extent that such amendments are not dependent
 1054  upon the portions of such text which expire pursuant to this
 1055  section.
 1056         Section 41. In order to implement section 65 of the 2009
 1057  2010 General Appropriations Act, paragraph (n) of subsection (1)
 1058  of section 339.08, Florida Statutes, is amended to read:
 1059         339.08 Use of moneys in State Transportation Trust Fund.—
 1060         (1) The department shall expend moneys in the State
 1061  Transportation Trust Fund accruing to the department, in
 1062  accordance with its annual budget. The use of such moneys shall
 1063  be restricted to the following purposes:
 1064         (n) To pay administrative expenses incurred in accordance
 1065  with applicable laws for a multicounty transportation or
 1066  expressway authority created under chapter 343 or chapter 348,
 1067  where jurisdiction for the authority includes a portion of the
 1068  State Highway System and the administrative expenses are in
 1069  furtherance of the duties and responsibilities of the authority
 1070  in the development of improvements to the State Highway System.
 1071  This paragraph expires July 1, 2010 2009.
 1072         Section 42. In order to implement Specific Appropriation
 1073  2029 of the 2009-2010 General Appropriations Act, paragraph (p)
 1074  is added to subsection (1) of section 339.08, Florida Statutes,
 1075  to read:
 1076         339.08 Use of moneys in State Transportation Trust Fund.—
 1077         (1) The department shall expend moneys in the State
 1078  Transportation Trust Fund accruing to the department, in
 1079  accordance with its annual budget. The use of such moneys shall
 1080  be restricted to the following purposes:
 1081         (p) To pay for county and school district transportation
 1082  infrastructure improvements. This paragraph expires July 1,
 1083  2010.
 1084         Section 43. In order to implement section 59 of the 2009
 1085  2010 General Appropriations Act, subsection (4) is added to
 1086  section 339.08, Florida Statutes, to read:
 1087         339.08 Use of moneys in State Transportation Trust Fund.—
 1088         (4) For the 2009-2010 fiscal year only and notwithstanding
 1089  the provisions of this section and ss. 339.09(1) and
 1090  215.32(2)(b)4., funds may be transferred from the State
 1091  Transportation Trust Fund to the General Revenue Fund as
 1092  specified in the General Appropriations Act. Notwithstanding ss.
 1093  206.46(3) and 206.606(2), the total amount transferred shall be
 1094  reduced from total state revenues deposited into the State
 1095  Transportation Trust Fund for the calculation requirements of
 1096  ss. 206.46(3) and 206.606(2). This subsection expires July 1,
 1097  2010.
 1098         Section 44. In order to implement Specific Appropriations
 1099  2124A and 2131C of the 2009-2010 General Appropriations Act,
 1100  subsection (11) is added to section 445.009, Florida Statutes,
 1101  to read:
 1102         445.009 One-stop delivery system.—
 1103         (11)(a) A participant in an adult or youth work experience
 1104  activity administered under this chapter shall be deemed an
 1105  employee of the state for purposes of workers’ compensation
 1106  coverage. In determining the average weekly wage, all
 1107  remuneration received from the employer shall be considered a
 1108  gratuity, and the participant shall not be entitled to any
 1109  benefits otherwise payable under s. 440.15, regardless of
 1110  whether the participant may be receiving wages and remuneration
 1111  from other employment with another employer and regardless of
 1112  his or her future wage-earning capacity.
 1113         (b) This subsection expires July 1, 2010.
 1114         Section 45. In order to implement Specific Appropriation
 1115  1998 of the 2009-2010 General Appropriations Act, subsection (8)
 1116  of section 332.007, Florida Statutes, is amended to read:
 1117         332.007 Administration and financing of aviation and
 1118  airport programs and projects; state plan.—
 1119         (8) Notwithstanding any other provision of law to the
 1120  contrary, the department is authorized to fund security
 1121  projects, including operational and maintenance assistance, at
 1122  publicly owned public-use airports. For projects in the current
 1123  adopted work program, or projects added using the available
 1124  budget of the department, airports may request the department
 1125  change the project purpose in accordance with this provision
 1126  notwithstanding the provisions of s. 339.135(7). For purposes of
 1127  this subsection, the department may fund up to 100 percent of
 1128  eligible project costs that are not funded by the Federal
 1129  Government. This subsection shall expire on June 30, 2012.
 1130         Section 46. The amendment to s. 332.007(8), Florida
 1131  Statutes, made by this act shall expire July 1, 2010, and the
 1132  text of that subsection shall revert to that in existence on
 1133  June 30, 2009, except that any amendments to such text enacted
 1134  other than by this act shall be preserved and continue to
 1135  operate to the extent that such amendments are not dependent
 1136  upon the portions of such text which expire pursuant to this
 1137  section.
 1138         Section 47. In order to implement Specific Appropriation
 1139  1570 of the 2009-2010 General Appropriations Act:
 1140         (1) The intent of the Legislature is to ensure that
 1141  residents of the state derive the maximum possible economic
 1142  benefit from the federal first-time homebuyer tax credit created
 1143  through The American Recovery and Reinvestment Act of 2009 by
 1144  providing subordinate down payment assistance loans to first
 1145  time homebuyers for owner-occupied primary residences which can
 1146  be repaid by the income tax refund the homebuyer is entitled to
 1147  under the First Time Homebuyer Credit. The state program shall
 1148  be called the “Florida Homebuyer Opportunity Program.”
 1149         (2) The Florida Housing Finance Corporation shall
 1150  administer the Florida Homebuyer Opportunity Program to optimize
 1151  eligibility for conventional, VA, USDA, FHA, and other loan
 1152  programs through the State Housing Initiatives Partnership
 1153  program in accordance with ss. 420.907-420.9079, Florida
 1154  Statutes, and the provisions of this section.
 1155         (3) Prior to December 1, 2009, or any later date
 1156  established by the Internal Revenue Service for such purchases,
 1157  counties and eligible municipalities receiving funds shall
 1158  expend the funds appropriated under Specific Appropriation 1570A
 1159  only to provide subordinate loans to prospective first-time
 1160  homebuyers under the Florida Homebuyer Opportunity Program
 1161  pursuant to this section, except that up to 10 percent of such
 1162  funds may be used to cover administrative expenses of the
 1163  counties and eligible municipalities to implement the Florida
 1164  Homebuyer Opportunity Program, and not more than .25 percent may
 1165  be used to compensate the Florida Housing Finance Corporation
 1166  for the expenses associated with compliance monitoring. The
 1167  funds appropriated under Specific Appropriation 1570A may not be
 1168  used for any other program currently existing under ss. 420.907
 1169  420.9079, Florida Statutes. Thereafter, the funds shall be
 1170  expended in accordance with ss. 420.907-420.9079, Florida
 1171  Statutes.
 1172         (4) Notwithstanding s. 420.9075, Florida Statutes, for
 1173  purposes of the Florida Homebuyer Opportunity Program, the
 1174  following exceptions shall apply:
 1175         (a) The maximum income limit shall be an adjusted gross
 1176  income of $75,000 for single taxpayer households or $150,000 for
 1177  joint-filing taxpayer households, which is equal to that
 1178  permitted by the American Recovery and Reinvestment Act of 2009;
 1179         (b) There is no requirement to reserve 30 percent of the
 1180  funds for awards to very-low-income persons or 30 percent of the
 1181  funds for awards to low-income persons;
 1182         (c) There is no requirement to expend 75 percent of funds
 1183  for construction, rehabilitation, or emergency repair; and
 1184         (d) The principal balance of the loans provided may not
 1185  exceed 10 percent of the purchase price or $8,000, whichever is
 1186  less.
 1187         (5) Funds shall be expended under a newly created strategy
 1188  in the local housing assistance plan to implement the Florida
 1189  Homebuyer Opportunity Program.
 1190         (6) The homebuyer shall be expected to use their federal
 1191  income tax refund to fully repay the loan. If the county or
 1192  eligible municipality receives repayment from the homebuyer
 1193  within 18 months after the closing date of the loan, the county
 1194  or eligible municipality shall waive all interest charges. A
 1195  homebuyer who fails to fully repay the loan within the earlier
 1196  of 18 months or 10 days after the receipt of their federal
 1197  income tax refund, shall be subject to repayment terms provided
 1198  in the local housing assistance plan, including penalties for
 1199  not using his or her refund for repayment. Penalties may not
 1200  exceed 10 percent of the loan amount and shall be included in
 1201  the loan agreement with the homebuyer.
 1202         (7) All funds repaid to a county or eligible municipality
 1203  shall be considered “program income” as defined in s.
 1204  420.9071(24), Florida Statutes.
 1205         (8) In order to maximize the effect of the funding, the
 1206  counties and eligible municipalities are encouraged to work with
 1207  private lenders to provide additional funds to support the
 1208  initiative. However, in all instances, the counties and eligible
 1209  municipalities shall make and hold the subordinate loan.
 1210         (9) This section expires July 1, 2010.
 1211         Section 48. In order to implement Specific Appropriations
 1212  2677 and 2678 of the 2009-2010 General Appropriations Act:
 1213         (1) Notwithstanding the provisions of s. 11.13(1), Florida
 1214  Statutes, relating to the annual adjustment of salaries for
 1215  members of the Legislature, to the contrary, for the 2009-2010
 1216  fiscal year only, the authorized salaries of members of the
 1217  Legislature in effect on June 30, 2009, shall be reduced by 7
 1218  percent.
 1219         (2) Effective June 30, 2010, the annual salaries of members
 1220  of the Legislature shall be set at the amounts authorized and in
 1221  effect on June 30, 2009, pursuant to subsection (2) of section
 1222  52 of chapter 2008-153, Laws of Florida.
 1223         (3) This section expires July 1, 2010.
 1224         Section 49. In order to implement specific appropriations
 1225  for salaries and benefits in the 2009-2010 General
 1226  Appropriations Act, paragraph (a) of subsection (12) of section
 1227  110.123, Florida Statutes, is amended to read:
 1228         110.123 State group insurance program.—
 1229         (12) HEALTH SAVINGS ACCOUNTS.—The department is authorized
 1230  to establish health savings accounts for full-time and part-time
 1231  state employees in association with a health insurance plan
 1232  option authorized by the Legislature and conforming to the
 1233  requirements and limitations of federal provisions relating to
 1234  the Medicare Prescription Drug, Improvement, and Modernization
 1235  Act of 2003.
 1236         (a)1. A member participating in this health insurance plan
 1237  option shall be eligible to receive an employer contribution
 1238  into the employee’s health savings account from the State
 1239  Employees Health Insurance Trust Fund in an amount to be
 1240  determined by the Legislature. A member is not eligible for an
 1241  employer contribution upon termination of employment. For the
 1242  2009-2010 2008-2009 fiscal year, the state’s monthly
 1243  contribution for employees having individual coverage shall be
 1244  $41.66 and the monthly contribution for employees having family
 1245  coverage shall be $83.33.
 1246         2. A member participating in this health insurance plan
 1247  option shall be eligible to deposit the member’s own funds into
 1248  a health savings account.
 1249         Section 50. In order to implement Specific Appropriations
 1250  for salaries and benefits in the 2009-2010 General
 1251  Appropriations Act, paragraph (b) of subsection (3) of section
 1252  112.24, Florida Statutes, is amended to read:
 1253         112.24 Intergovernmental interchange of public employees.
 1254  To encourage economical and effective utilization of public
 1255  employees in this state, the temporary assignment of employees
 1256  among agencies of government, both state and local, and
 1257  including school districts and public institutions of higher
 1258  education is authorized under terms and conditions set forth in
 1259  this section. State agencies, municipalities, and political
 1260  subdivisions are authorized to enter into employee interchange
 1261  agreements with other state agencies, the Federal Government,
 1262  another state, a municipality, or a political subdivision
 1263  including a school district, or with a public institution of
 1264  higher education. State agencies are also authorized to enter
 1265  into employee interchange agreements with private institutions
 1266  of higher education and other nonprofit organizations under the
 1267  terms and conditions provided in this section. In addition, the
 1268  Governor or the Governor and Cabinet may enter into employee
 1269  interchange agreements with a state agency, the Federal
 1270  Government, another state, a municipality, or a political
 1271  subdivision including a school district, or with a public
 1272  institution of higher learning to fill, subject to the
 1273  requirements of chapter 20, appointive offices which are within
 1274  the executive branch of government and which are filled by
 1275  appointment by the Governor or the Governor and Cabinet. Under
 1276  no circumstances shall employee interchange agreements be
 1277  utilized for the purpose of assigning individuals to participate
 1278  in political campaigns. Duties and responsibilities of
 1279  interchange employees shall be limited to the mission and goals
 1280  of the agencies of government.
 1281         (3) Salary, leave, travel and transportation, and
 1282  reimbursements for an employee of a sending party that is
 1283  participating in an interchange program shall be handled as
 1284  follows:
 1285         (b)1. The assignment of an employee of a state agency
 1286  either on detail or on leave of absence may be made without
 1287  reimbursement by the receiving party for the travel and
 1288  transportation expenses to or from the place of the assignment
 1289  or for the pay and benefits, or a part thereof, of the employee
 1290  during the assignment.
 1291         2. For the 2009-2010 2008-2009 fiscal year only, the
 1292  assignment of an employee of a state agency as provided in
 1293  subparagraph 1. may be made if recommended by the Governor or
 1294  Chief Justice, as appropriate, and approved by the chairs of the
 1295  Senate Policy and Steering Committee on Ways and Means and the
 1296  House Full Appropriations Council on General Government and
 1297  Health Care Senate Fiscal Policy and Calendar Committee and the
 1298  House Policy and Budget Council. Such actions shall be deemed
 1299  approved if neither chair provides written notice of objection
 1300  within 14 days after the chair’s receiving notice of the action
 1301  pursuant to s. 216.177. This subparagraph expires July 1, 2010
 1302  2009.
 1303         Section 51. In order to implement the appropriations
 1304  provided in the 2009-2010 General Appropriations Act to each
 1305  agency for cellular phone equipment and services, and to ensure
 1306  the cost-effective acquisition and use of wireless devices:
 1307         (1) Each agency shall develop a wireless device assignment
 1308  plan that limits use of cellular telephones, personal digital
 1309  assistants (PDAs), and other devices to only those employees
 1310  who, as part of their official assigned duties, must routinely
 1311  be immediately available to citizens, supervisors, or
 1312  subordinates; be available to respond to emergency situations;
 1313  be available to calls outside of regular working hours; have
 1314  access to the technology in order to productively perform job
 1315  duties in the field; or have limited or no access to a standard
 1316  phone, or have no ability to use a personal cell phone, if
 1317  needed. The plan shall result in reducing the number of wireless
 1318  devices used in each agency.
 1319         (2) Each agency must review the use of cellular telephones,
 1320  PDAs, and other wireless devices by employees and submit a
 1321  report to the President of the Senate and the Speaker of the
 1322  House of Representatives by September 1, 2009. The report shall
 1323  include:
 1324         (a) The criteria that the agency has developed to limit
 1325  assignment of wireless devices;
 1326         (b) The results of implementing the wireless device
 1327  assignment plan, including the reduction in the number of
 1328  wireless devices used and the cost of such devices;
 1329         (c) The number of wireless devices that remain in use by
 1330  type and expenditures by type of device and total agency
 1331  expenditures for wireless devices;
 1332         (d) The procurement method used to procure wireless devices
 1333  and the rationale for procuring wireless devices by any
 1334  mechanism other than statewide term contracts and side-by-side
 1335  comparison of costs for services purchased through the statewide
 1336  term contracts and the mechanisms otherwise used by the agency;
 1337  and
 1338         (e) A description of innovative techniques the agency has
 1339  used to manage wireless devices that have improved efficiency or
 1340  reduced costs, which may be applicable for implementation by
 1341  other agencies.
 1342         (3) This section expires July 1, 2010.
 1343         Section 52. In order to implement the transfer of moneys to
 1344  the General Revenue Fund from trust funds in the 2009-2010
 1345  General Appropriations Act, paragraph (b) of subsection (2) of
 1346  section 215.32, Florida Statutes, is reenacted to read:
 1347         215.32 State funds; segregation.—
 1348         (2) The source and use of each of these funds shall be as
 1349  follows:
 1350         (b)
 1351         1. The trust funds shall consist of moneys received by the
 1352  state which under law or under trust agreement are segregated
 1353  for a purpose authorized by law. The state agency or branch of
 1354  state government receiving or collecting such moneys shall be
 1355  responsible for their proper expenditure as provided by law.
 1356  Upon the request of the state agency or branch of state
 1357  government responsible for the administration of the trust fund,
 1358  the Chief Financial Officer may establish accounts within the
 1359  trust fund at a level considered necessary for proper
 1360  accountability. Once an account is established within a trust
 1361  fund, the Chief Financial Officer may authorize payment from
 1362  that account only upon determining that there is sufficient cash
 1363  and releases at the level of the account.
 1364         2. In addition to other trust funds created by law, to the
 1365  extent possible, each agency shall use the following trust funds
 1366  as described in this subparagraph for day-to-day operations:
 1367         a. Operations or operating trust fund, for use as a
 1368  depository for funds to be used for program operations funded by
 1369  program revenues, with the exception of administrative
 1370  activities when the operations or operating trust fund is a
 1371  proprietary fund.
 1372         b. Operations and maintenance trust fund, for use as a
 1373  depository for client services funded by third-party payors.
 1374         c. Administrative trust fund, for use as a depository for
 1375  funds to be used for management activities that are departmental
 1376  in nature and funded by indirect cost earnings and assessments
 1377  against trust funds. Proprietary funds are excluded from the
 1378  requirement of using an administrative trust fund.
 1379         d. Grants and donations trust fund, for use as a depository
 1380  for funds to be used for allowable grant or donor agreement
 1381  activities funded by restricted contractual revenue from private
 1382  and public nonfederal sources.
 1383         e. Agency working capital trust fund, for use as a
 1384  depository for funds to be used pursuant to s. 216.272.
 1385         f. Clearing funds trust fund, for use as a depository for
 1386  funds to account for collections pending distribution to lawful
 1387  recipients.
 1388         g. Federal grant trust fund, for use as a depository for
 1389  funds to be used for allowable grant activities funded by
 1390  restricted program revenues from federal sources.
 1391  
 1392  To the extent possible, each agency must adjust its internal
 1393  accounting to use existing trust funds consistent with the
 1394  requirements of this subparagraph. If an agency does not have
 1395  trust funds listed in this subparagraph and cannot make such
 1396  adjustment, the agency must recommend the creation of the
 1397  necessary trust funds to the Legislature no later than the next
 1398  scheduled review of the agency’s trust funds pursuant to s.
 1399  215.3206.
 1400         3. All such moneys are hereby appropriated to be expended
 1401  in accordance with the law or trust agreement under which they
 1402  were received, subject always to the provisions of chapter 216
 1403  relating to the appropriation of funds and to the applicable
 1404  laws relating to the deposit or expenditure of moneys in the
 1405  State Treasury.
 1406         4.a. Notwithstanding any provision of law restricting the
 1407  use of trust funds to specific purposes, unappropriated cash
 1408  balances from selected trust funds may be authorized by the
 1409  Legislature for transfer to the Budget Stabilization Fund and
 1410  General Revenue Fund in the General Appropriations Act.
 1411         b. This subparagraph does not apply to trust funds required
 1412  by federal programs or mandates; trust funds established for
 1413  bond covenants, indentures, or resolutions whose revenues are
 1414  legally pledged by the state or public body to meet debt service
 1415  or other financial requirements of any debt obligations of the
 1416  state or any public body; the State Transportation Trust Fund;
 1417  the trust fund containing the net annual proceeds from the
 1418  Florida Education Lotteries; the Florida Retirement System Trust
 1419  Fund; trust funds under the management of the State Board of
 1420  Education or the Board of Governors of the State University
 1421  System, where such trust funds are for auxiliary enterprises,
 1422  self-insurance, and contracts, grants, and donations, as those
 1423  terms are defined by general law; trust funds that serve as
 1424  clearing funds or accounts for the Chief Financial Officer or
 1425  state agencies; trust funds that account for assets held by the
 1426  state in a trustee capacity as an agent or fiduciary for
 1427  individuals, private organizations, or other governmental units;
 1428  and other trust funds authorized by the State Constitution.
 1429         Section 53. Paragraph (b) of subsection (4) of section
 1430  215.5601, Florida Statutes, is reenacted to read:
 1431         215.5601 Lawton Chiles Endowment Fund.—
 1432         (4) ADMINISTRATION.—
 1433         (b) The endowment shall be managed as an annuity. The
 1434  investment objective shall be long-term preservation of the real
 1435  value of the net contributed principal and a specified regular
 1436  annual cash outflow for appropriation, as nonrecurring revenue.
 1437  From the annual cash outflow, a pro rata share shall be used
 1438  solely for biomedical research activities as provided in
 1439  paragraph (3)(d), until such time as cures are found for
 1440  tobacco-related cancer and heart and lung disease. Five percent
 1441  of the annual cash outflow dedicated to the biomedical research
 1442  portion of the endowment shall be reinvested and applied to that
 1443  portion of the endowment’s principal, with the remainder to be
 1444  spent on biomedical research activities consistent with this
 1445  section. The schedule of annual cash outflow shall be included
 1446  within the investment plan adopted under paragraph (a).
 1447  Withdrawals other than specified regular cash outflow shall be
 1448  considered reductions in contributed principal for the purposes
 1449  of this subsection.
 1450         Section 54. In order to implement Specific Appropriations
 1451  2558, 2559A, 2559B, 2561A and 2561B, paragraph (a) of subsection
 1452  (1) of section 377.6015, Florida Statutes, is amended to read:
 1453         377.6015 Florida Energy and Climate Commission.—
 1454         (1) The Florida Energy and Climate Commission is created
 1455  within the Executive Office of the Governor. The commission
 1456  shall be comprised of nine members appointed by the Governor,
 1457  the Commissioner of Agriculture, and the Chief Financial
 1458  Officer.
 1459         (a) The Governor shall appoint one member from three
 1460  persons nominated by the Florida Public Service Commission
 1461  Nominating Council, created in s. 350.031, to each of seven
 1462  seats on the commission. The Commissioner of Agriculture shall
 1463  appoint one member from three persons nominated by the council
 1464  to one seat on the commission. The Chief Financial Officer shall
 1465  appoint one member from three persons nominated by the council
 1466  to one seat on the commission.
 1467         1. The council shall submit the recommendations to the
 1468  Governor, the Commissioner of Agriculture, and the Chief
 1469  Financial Officer by September 1 of those years in which the
 1470  terms are to begin the following October or within 60 days after
 1471  a vacancy occurs for any reason other than the expiration of the
 1472  term. The Governor, the Commissioner of Agriculture, and the
 1473  Chief Financial Officer may proffer names of persons to be
 1474  considered for nomination by the council.
 1475         2. The Governor, the Commissioner of Agriculture, and the
 1476  Chief Financial Officer shall fill a vacancy occurring on the
 1477  commission by appointment of one of the applicants nominated by
 1478  the council only after a background investigation of such
 1479  applicant has been conducted by the Department of Law
 1480  Enforcement.
 1481         3. Members shall be appointed to 3-year terms; however, in
 1482  order to establish staggered terms, for the initial
 1483  appointments, the Governor shall appoint four members to 3-year
 1484  terms, two members to 2-year terms, and one member to a 1-year
 1485  term, and the Commissioner of Agriculture and the Chief
 1486  Financial Officer shall each appoint one member to a 3-year term
 1487  and shall appoint a successor when that appointee’s term expires
 1488  in the same manner as the original appointment.
 1489         4. The Governor shall select from the membership of the
 1490  commission one person to serve as chair.
 1491         5. A vacancy on the commission shall be filled for the
 1492  unexpired portion of the term in the same manner as the original
 1493  appointment.
 1494         6. If the Governor, the Commissioner of Agriculture, or the
 1495  Chief Financial Officer has not made an appointment within 30
 1496  consecutive calendar days after the receipt of the
 1497  recommendations, the council shall initiate, in accordance with
 1498  this section, the nominating process within 30 days.
 1499         7. Each appointment to the commission shall be subject to
 1500  confirmation by the Senate during the next regular session after
 1501  the vacancy occurs. If the Senate refuses to confirm or fails to
 1502  consider the appointment of the Governor, the Commissioner of
 1503  Agriculture, or the Chief Financial Officer, the council shall
 1504  initiate, in accordance with this section, the nominating
 1505  process within 30 days.
 1506         8. The Governor or the Governor’s successor may recall an
 1507  appointee.
 1508         9. Notwithstanding subparagraph 7. and for the initial
 1509  appointments to the commission only, each initial appointment to
 1510  the commission is subject to confirmation by the Senate by the
 1511  2010 Regular Session. If the Senate refuses to confirm or fails
 1512  to consider an appointment made by the Governor, the
 1513  Commissioner of Agriculture, or the Chief Financial Officer, the
 1514  council shall initiate, in accordance with this section, the
 1515  nominating process within 30 days after the Senate’s refusal to
 1516  confirm or failure to consider such appointment. This
 1517  subparagraph expires July 1, 2010.
 1518         Section 55. The amendment to s. 377.6015(1)(a), Florida
 1519  Statutes, made by this act applies retroactively to May 1, 2009.
 1520         Section 56. Section 49 of chapter 2008-153, Laws of
 1521  Florida, is repealed.
 1522         Section 57. In order to implement the issuance of new debt
 1523  authorized in the 2009-2010 General Appropriations Act, and
 1524  pursuant to the requirements of s. 215.98, Florida Statutes, the
 1525  Legislature determines that the authorization and issuance of
 1526  debt for the 2009-2010 fiscal year should be implemented and is
 1527  in the best interest of the state and necessary to address a
 1528  critical state emergency.
 1529         Section 58. In order to implement the funds appropriated in
 1530  the 2009-2010 General Appropriations Act for state employee
 1531  travel, the funds appropriated to each state agency, which may
 1532  be used for travel by state employees, shall be limited during
 1533  the 2009-2010 fiscal year to travel for activities that are
 1534  critical to each state agency’s mission. Funds may not be used
 1535  to pay for travel by state employees to foreign countries, other
 1536  states, conferences, staff-training activities, or other
 1537  administrative functions unless the agency head has approved in
 1538  writing that such activities are critical to the agency’s
 1539  mission. The agency head must consider the use of
 1540  teleconferencing and other forms of electronic communication to
 1541  meet the needs of the proposed activity before approving
 1542  mission-critical travel. This section does not apply to travel
 1543  for law enforcement purposes, military purposes, emergency
 1544  management activities, or public health activities. This section
 1545  expires July 1, 2010.
 1546         Section 59. A section of this act which implements a
 1547  specific appropriation or specifically identified proviso
 1548  language in the 2009-2010 General Appropriations Act is void if
 1549  the specific appropriation or specifically identified proviso
 1550  language is vetoed. A section of this act which implements more
 1551  than one specific appropriation or more than one portion of
 1552  specifically identified proviso language in the 2009-2010
 1553  General Appropriations Act is void if all the specific
 1554  appropriations or portions of specifically identified proviso
 1555  language are vetoed.
 1556         Section 60. If any other act passed during the 2009 Regular
 1557  Session contains a provision that is substantively the same as a
 1558  provision in this act, but that removes or is otherwise not
 1559  subject to the future repeal applied to such provision by this
 1560  act, the Legislature intends that the provision in the other act
 1561  takes precedence and continues to operate, notwithstanding the
 1562  future repeal provided by this act.
 1563         Section 61. If any provision of this act or its application
 1564  to any person or circumstance is held invalid, the invalidity
 1565  does not affect other provisions or applications of the act
 1566  which can be given effect without the invalid provision or
 1567  application, and to this end the provisions of this act are
 1568  severable.
 1569         Section 62. Except as otherwise expressly provided in this
 1570  act and except for this section, which shall take effect June
 1571  29, 2009, this act shall take effect July 1, 2009; or, if this
 1572  act fails to become a law until after that date, it shall take
 1573  effect upon becoming a law and shall operate retroactively to
 1574  July 1, 2009.

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