August 13, 2020
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       SB 2702                                          First Engrossed
       
       
       
       
       
       
       
       
       20102702e1
       
    1                        A bill to be entitled                      
    2         An act implementing the 2010-2011 General
    3         Appropriations Act; providing legislative intent;
    4         amending s. 216.292, F.S.; delaying the expiration of
    5         provisions providing for the Legislative Budget
    6         Commission to review and approve recommendations by
    7         the Governor for fixed capital outlay projects funded
    8         by grants awarded from the American Recovery and
    9         Reinvestment Act of 2009; authorizing the Executive
   10         Office of the Governor to transfer funds appropriated
   11         for the American Recovery and Reinvestment Act of 2009
   12         in traditional appropriation categories in the General
   13         Appropriations Act to appropriation categories
   14         established for the specific purpose of tracking funds
   15         appropriated pursuant to that act; providing for
   16         future expiration; amending s. 110.123, F.S., relating
   17         to the state group insurance program; requiring that,
   18         for the 2010-2011 fiscal year only, the state
   19         contribution toward the cost of a plan is the
   20         difference between the overall premium and the
   21         employee contribution; authorizing the Executive
   22         Office of the Governor to transfer funds between
   23         departments for purposes of aligning amounts paid for
   24         risk management premiums and for purposes of aligning
   25         amounts paid for human resource management services;
   26         providing that the annual salary of the members of the
   27         Legislature be reduced by 7 percent; providing for
   28         future expiration; amending s. 112.24, F.S.; delaying
   29         the expiration of provisions providing conditions on
   30         the assignment of an employee of a state agency
   31         without reimbursement from the receiving agency;
   32         reenacting s. 215.32(2)(b), F.S., relating to the
   33         source and use of certain trust funds in order to
   34         implement the transfer of moneys in the General
   35         Revenue Fund from trust funds in the 2010-2011 General
   36         Appropriations Act; reenacting s. 215.5601(4)(b),
   37         F.S., relating to the administration of the Lawton
   38         Chiles Endowment Fund; providing a statement of public
   39         interest with respect to the issuance of new debt to
   40         address a critical state emergency; requiring that the
   41         Office of State Courts Administrator report to the
   42         Legislature the number of assigned new and reopened
   43         cases and the number of cases closed by each judge in
   44         each division and circuit for a specified period;
   45         authorizing the Department of Corrections and the
   46         Department of Juvenile Justice to use certain
   47         appropriated funds to assist in defraying the costs
   48         incurred by a county or a municipality to open or
   49         operate certain facilities; limiting the amount of
   50         such assistance; providing for the expiration of the
   51         authority to provide the assistance; amending s.
   52         29.008, F.S.; providing counties with an exemption
   53         from the requirement to annually increase certain
   54         expenditures by a specified percentage for the 2010
   55         2011 fiscal year; amending s. 216.262, F.S.; delaying
   56         the expiration of provisions directing the Department
   57         of Corrections to seek a budget amendment for
   58         additional positions and appropriations if the inmate
   59         population exceeds a certain estimate under certain
   60         circumstances; authorizing the Department of Legal
   61         Affairs to spend certain appropriated funds on
   62         programs that were funded by the department from
   63         specific appropriations in general appropriations acts
   64         in prior years; providing for the expiration of the
   65         authority to spend those appropriations; amending s.
   66         394.908, F.S.; delaying the expiration of a provision
   67         requiring that funds appropriated for forensic mental
   68         health treatment services be allocated to certain
   69         areas of the state; amending s. 253.034, F.S.;
   70         delaying the expiration of provisions authorizing the
   71         deposit of funds derived from the sale of property by
   72         the Department of Citrus into the Citrus Advertising
   73         Trust Fund; reenacting s. 255.518(1)(b), F.S.,
   74         relating to the payment of obligations during the
   75         construction of a facility financed by such
   76         obligations; providing for the future expiration of
   77         certain amendments to such provision and for the
   78         reversion of statutory text; amending s. 373.59, F.S.;
   79         delaying the expiration of provisions providing for
   80         the allocation of moneys from the Water Management
   81         Lands Trust Fund for certain purposes; amending s.
   82         375.041, F.S.; providing for the transfer of moneys
   83         from the Land Acquisition Trust Fund to support the
   84         Clean Water State Revolving Fund and Drinking Water
   85         State Revolving Fund programs, rather than to the
   86         Ecosystem Management and Restoration Trust Fund for
   87         grants and aids to local governments for water
   88         projects; providing for future expiration; reenacting
   89         s. 403.1651(1)(g), F.S., relating to the use of funds
   90         from the Ecosystem Management and Restoration Trust
   91         Fund for the purpose of funding activities to preserve
   92         and repair the state’s beaches; providing for future
   93         expiration of certain amendments to such provision and
   94         for the reversion of statutory text; amending s.
   95         403.1651, F.S.; providing for the transfer of moneys
   96         from the Ecosystem Management and Restoration Trust
   97         Fund to the General Inspection Trust Fund for the Farm
   98         Share, Food Banks, and Mosquito Control program and
   99         the Technological Research and Development Authority;
  100         providing for future expiration; amending s. 570.20,
  101         F.S.; delaying the expiration of provisions
  102         authorizing the Department of Agriculture and Consumer
  103         Services to use funds from the General Inspection
  104         Trust Fund for certain programs; amending s. 403.7095,
  105         F.S.; delaying the expiration of provisions requiring
  106         that the Department of Environmental Protection award
  107         a specified amount in grants equally to certain
  108         counties for waste tire and litter prevention,
  109         recycling education, and general solid waste programs;
  110         authorizing the Department of Agriculture and Consumer
  111         Services to extend, revise, and renew current
  112         contracts or agreements created or entered into for
  113         the purpose of promoting agriculture; providing for
  114         future expiration; requiring the Executive Office of
  115         the Governor to sell the King Air 350 airplane;
  116         requiring the receipts from the sale of the airplane
  117         to be deposited into the Bureau of Aircraft Trust
  118         Fund; requiring the Department of Financial Services
  119         to issue a solicitation for office supplies and award
  120         a multiple supplier contract by a specified date;
  121         amending s. 339.135, F.S.; delaying the expiration of
  122         provisions requiring that the Department of
  123         Transportation transfer funds to the Office of
  124         Tourism, Trade, and Economic Development for the
  125         purpose of funding transportation-related needs of
  126         economic development; authorizing such funds to be
  127         used for the additional purposes of space and
  128         aerospace infrastructure and urban redevelopment
  129         infrastructure projects; amending s. 339.08, F.S.;
  130         delaying the expiration of provisions relating to the
  131         use of moneys in the State Transportation Trust Fund
  132         for certain administrative expenses; delaying the
  133         expiration of provisions authorizing the Department of
  134         Transportation to use moneys from the State
  135         Transportation Trust Fund to pay for county and school
  136         district transportation infrastructure improvements;
  137         amending s. 445.009, F.S.; delaying the expiration of
  138         provisions designating participants in an adult or
  139         youth work experience activity under ch. 445, F.S., as
  140         employees of the state for purposes of workers’
  141         compensation coverage; amending s. 163.3247, F.S.;
  142         removing a provision that entitles members of the
  143         Century Commission for a Sustainable Florida to
  144         receive per diem and travel expenses; providing for
  145         future expiration of the amendment to such provision
  146         and for the reversion of statutory text; amending s.
  147         201.15, F.S.; revising provisions relating to funds
  148         deposited into the Grants and Donations Trust Fund in
  149         the Department of Community Affairs which are used to
  150         fund the Century Commission; providing for future
  151         expiration of the amendment to such provision and for
  152         the reversion of statutory text; amending s. 215.559,
  153         F.S.; delaying the expiration of provisions relating
  154         to the Hurricane Loss Mitigation Program; revising the
  155         amount appropriated for the purpose of inspecting and
  156         improving tie-downs for mobile homes; providing an
  157         appropriation to the State Logistics Response Center
  158         for certain purposes; providing an appropriation to be
  159         competitively bid to improve the wind resistance of
  160         residences and mobile homes; revising the amount
  161         allocated for the operational purposes; reenacting s.
  162         332.007(8), F.S., relating to the funding of security
  163         projects at publicly owned public-use airports;
  164         providing for the future expiration of certain
  165         amendments to such provision and for the reversion of
  166         statutory text; amending s. 216.292, F.S.; authorizing
  167         the transfer of funds for fixed capital outlay between
  168         specified appropriation categories; providing for
  169         future expiration; authorizing the Executive Office of
  170         the Governor to transfer funds for use by the state’s
  171         designated primary data centers, pursuant to statutory
  172         procedures for notice, review, and objection;
  173         authorizing agencies to transfer funds from data
  174         processing appropriation categories to other
  175         appropriation categories in order to support and
  176         manage computer resources, notwithstanding other
  177         provisions of law; authorizing the Executive Office of
  178         the Governor to transfer funds between agencies in
  179         order to allocate a reduction relating to SUNCOM;
  180         providing for future expiration; requiring that the
  181         Department of Juvenile Justice comply with specified
  182         reimbursement limitations with respect to payments to
  183         hospitals or health care providers for health care
  184         services; authorizing certain payments pursuant to a
  185         contracted rate only until the contract expires or is
  186         renewed; defining the term “hospital” for purposes of
  187         such limitations; providing for future expiration;
  188         providing for the effect of a veto of one or more
  189         specific appropriations or proviso provisions to which
  190         implementing language refers; providing for the
  191         continued operation of certain provisions,
  192         notwithstanding a future repeal or expiration provided
  193         by the act; providing for severability; providing for
  194         contingent retroactive application; providing an
  195         effective date.
  196  
  197  Be It Enacted by the Legislature of the State of Florida:
  198  
  199         Section 1. It is the intent of the Legislature that the
  200  implementing and administering provisions of this act apply to
  201  the General Appropriations Act for the 2010-2011 fiscal year.
  202         Section 2. In order to implement sections 2 through 7 of
  203  the 2010-2011 General Appropriations Act, paragraph (b) of
  204  subsection (5) of section 216.292, Florida Statutes, is amended
  205  to read:
  206         216.292 Appropriations nontransferable; exceptions.—
  207         (5)
  208         (b) Notwithstanding paragraph (a), and for the 2010-2011
  209  2009-2010 fiscal year only, the Governor may recommend the
  210  initiation of fixed capital outlay projects funded by grants
  211  awarded by the Federal Government through the American Recovery
  212  and Reinvestment Act of 2009. All actions taken pursuant to the
  213  authority granted in the paragraph are subject to review and
  214  approval by the Legislative Budget Commission. This paragraph
  215  expires July 1, 2011 2010.
  216         Section 3. In order to implement sections 2 through 7 of
  217  the 2010-2011 General Appropriations Act, the Executive Office
  218  of the Governor is authorized to transfer funds appropriated for
  219  the American Recovery and Reinvestment Act of 2009 (ARRA) in
  220  traditional appropriation categories in the 2010-2011 General
  221  Appropriations Act to appropriation categories established for
  222  the specific purpose of tracking funds appropriated for the
  223  ARRA. This section expires July 1, 2011.
  224         Section 4. In order to implement section 8 of the 2010-2011
  225  General Appropriations Act, paragraph (j) is added to subsection
  226  (3) of section 110.123, Florida Statutes, to read
  227         110.123 State group insurance program.—
  228         (3) STATE GROUP INSURANCE PROGRAM.—
  229         (j)Notwithstanding the provisions of paragraph (f)
  230  requiring uniform contributions, and for the 2010-2011 fiscal
  231  year only, the state contribution toward the cost of any plan in
  232  the state group insurance plan shall be the difference between
  233  the overall premium and the employee contribution. This section
  234  expires June 30, 2011.
  235         Section 5. In order to implement the appropriation of funds
  236  in Special Categories-Risk Management Insurance of the 2010-2011
  237  General Appropriations Act, and pursuant to the notice, review,
  238  and objection procedures of s. 216.177, Florida Statutes, the
  239  Executive Office of the Governor is authorized to transfer funds
  240  appropriated in the appropriation category “Special Categories
  241  Risk Management Insurance” of the 2010-2011 General
  242  Appropriations Act between departments in order to align the
  243  budget authority granted with the premiums paid by each
  244  department for risk management insurance. This section expires
  245  July 1, 2011.
  246         Section 6. In order to implement the appropriation of funds
  247  in Special Categories-Transfer to Department of Management
  248  Services-Human Resources Services Purchased Per Statewide
  249  Contract of the 2010-2011 General Appropriations Act, and
  250  pursuant to the notice, review, and objection procedures of s.
  251  216.177, Florida Statutes, the Executive Office of the Governor
  252  is authorized to transfer funds appropriated in the
  253  appropriation category “Special Categories-Transfer to
  254  Department of Management Services-Human Resources Services
  255  Purchased Per Statewide Contract” of the 2010-2011 General
  256  Appropriations Act between departments in order to align the
  257  budget authority granted with the assessments that must be paid
  258  by each agency to the Department of Management Services for
  259  human resource management services. This section expires July 1,
  260  2011.
  261         Section 7. In order to implement Specific Appropriations
  262  2768 and 2769 of the 2010-2011 General Appropriations Act:
  263         (1) Notwithstanding the provisions of s. 11.13(1), Florida
  264  Statutes, relating to the annual adjustment of salaries for
  265  members of the Legislature, to the contrary, for the 2010-2011
  266  fiscal year only, the authorized salaries of members of the
  267  Legislature in effect on June 30, 2010, shall be reduced by 7
  268  percent.
  269         (2) Effective June 30, 2011, the annual salaries of members
  270  of the Legislature shall be set at the amounts authorized and in
  271  effect on June 30, 2010, pursuant to subsection (2) of section
  272  48 of chapter 2009-82, Laws of Florida.
  273         (3) This section expires July 1, 2011.
  274         Section 8. In order to implement Specific Appropriations
  275  for salaries and benefits in the 2010-2011 General
  276  Appropriations Act, paragraph (b) of subsection (3) of section
  277  112.24, Florida Statutes, is amended to read:
  278         112.24 Intergovernmental interchange of public employees.
  279  To encourage economical and effective utilization of public
  280  employees in this state, the temporary assignment of employees
  281  among agencies of government, both state and local, and
  282  including school districts and public institutions of higher
  283  education is authorized under terms and conditions set forth in
  284  this section. State agencies, municipalities, and political
  285  subdivisions are authorized to enter into employee interchange
  286  agreements with other state agencies, the Federal Government,
  287  another state, a municipality, or a political subdivision
  288  including a school district, or with a public institution of
  289  higher education. State agencies are also authorized to enter
  290  into employee interchange agreements with private institutions
  291  of higher education and other nonprofit organizations under the
  292  terms and conditions provided in this section. In addition, the
  293  Governor or the Governor and Cabinet may enter into employee
  294  interchange agreements with a state agency, the Federal
  295  Government, another state, a municipality, or a political
  296  subdivision including a school district, or with a public
  297  institution of higher learning to fill, subject to the
  298  requirements of chapter 20, appointive offices which are within
  299  the executive branch of government and which are filled by
  300  appointment by the Governor or the Governor and Cabinet. Under
  301  no circumstances shall employee interchange agreements be
  302  utilized for the purpose of assigning individuals to participate
  303  in political campaigns. Duties and responsibilities of
  304  interchange employees shall be limited to the mission and goals
  305  of the agencies of government.
  306         (3) Salary, leave, travel and transportation, and
  307  reimbursements for an employee of a sending party that is
  308  participating in an interchange program shall be handled as
  309  follows:
  310         (b)1. The assignment of an employee of a state agency
  311  either on detail or on leave of absence may be made without
  312  reimbursement by the receiving party for the travel and
  313  transportation expenses to or from the place of the assignment
  314  or for the pay and benefits, or a part thereof, of the employee
  315  during the assignment.
  316         2. For the 2010-2011 2009-2010 fiscal year only, the
  317  assignment of an employee of a state agency as provided in
  318  subparagraph 1. may be made if recommended by the Governor or
  319  Chief Justice, as appropriate, and approved by the chairs of the
  320  Senate Policy and Steering Committee on Ways and Means and the
  321  House Full Appropriations Council on General Government and
  322  Health Care. Such actions shall be deemed approved if neither
  323  chair provides written notice of objection within 14 days after
  324  the chair’s receiving notice of the action pursuant to s.
  325  216.177. This subparagraph expires July 1, 2011 2010.
  326         Section 9. In order to implement the transfer of moneys to
  327  the General Revenue Fund from trust funds in the 2010-2011
  328  General Appropriations Act, paragraph (b) of subsection (2) of
  329  section 215.32, Florida Statutes, is reenacted to read:
  330         215.32 State funds; segregation.—
  331         (2) The source and use of each of these funds shall be as
  332  follows:
  333         (b)1. The trust funds shall consist of moneys received by
  334  the state which under law or under trust agreement are
  335  segregated for a purpose authorized by law. The state agency or
  336  branch of state government receiving or collecting such moneys
  337  shall be responsible for their proper expenditure as provided by
  338  law. Upon the request of the state agency or branch of state
  339  government responsible for the administration of the trust fund,
  340  the Chief Financial Officer may establish accounts within the
  341  trust fund at a level considered necessary for proper
  342  accountability. Once an account is established within a trust
  343  fund, the Chief Financial Officer may authorize payment from
  344  that account only upon determining that there is sufficient cash
  345  and releases at the level of the account.
  346         2. In addition to other trust funds created by law, to the
  347  extent possible, each agency shall use the following trust funds
  348  as described in this subparagraph for day-to-day operations:
  349         a. Operations or operating trust fund, for use as a
  350  depository for funds to be used for program operations funded by
  351  program revenues, with the exception of administrative
  352  activities when the operations or operating trust fund is a
  353  proprietary fund.
  354         b. Operations and maintenance trust fund, for use as a
  355  depository for client services funded by third-party payors.
  356         c. Administrative trust fund, for use as a depository for
  357  funds to be used for management activities that are departmental
  358  in nature and funded by indirect cost earnings and assessments
  359  against trust funds. Proprietary funds are excluded from the
  360  requirement of using an administrative trust fund.
  361         d. Grants and donations trust fund, for use as a depository
  362  for funds to be used for allowable grant or donor agreement
  363  activities funded by restricted contractual revenue from private
  364  and public nonfederal sources.
  365         e. Agency working capital trust fund, for use as a
  366  depository for funds to be used pursuant to s. 216.272.
  367         f. Clearing funds trust fund, for use as a depository for
  368  funds to account for collections pending distribution to lawful
  369  recipients.
  370         g. Federal grant trust fund, for use as a depository for
  371  funds to be used for allowable grant activities funded by
  372  restricted program revenues from federal sources.
  373  
  374  To the extent possible, each agency must adjust its internal
  375  accounting to use existing trust funds consistent with the
  376  requirements of this subparagraph. If an agency does not have
  377  trust funds listed in this subparagraph and cannot make such
  378  adjustment, the agency must recommend the creation of the
  379  necessary trust funds to the Legislature no later than the next
  380  scheduled review of the agency’s trust funds pursuant to s.
  381  215.3206.
  382         3. All such moneys are hereby appropriated to be expended
  383  in accordance with the law or trust agreement under which they
  384  were received, subject always to the provisions of chapter 216
  385  relating to the appropriation of funds and to the applicable
  386  laws relating to the deposit or expenditure of moneys in the
  387  State Treasury.
  388         4.a. Notwithstanding any provision of law restricting the
  389  use of trust funds to specific purposes, unappropriated cash
  390  balances from selected trust funds may be authorized by the
  391  Legislature for transfer to the Budget Stabilization Fund and
  392  General Revenue Fund in the General Appropriations Act.
  393         b. This subparagraph does not apply to trust funds required
  394  by federal programs or mandates; trust funds established for
  395  bond covenants, indentures, or resolutions whose revenues are
  396  legally pledged by the state or public body to meet debt service
  397  or other financial requirements of any debt obligations of the
  398  state or any public body; the State Transportation Trust Fund;
  399  the trust fund containing the net annual proceeds from the
  400  Florida Education Lotteries; the Florida Retirement System Trust
  401  Fund; trust funds under the management of the State Board of
  402  Education or the Board of Governors of the State University
  403  System, where such trust funds are for auxiliary enterprises,
  404  self-insurance, and contracts, grants, and donations, as those
  405  terms are defined by general law; trust funds that serve as
  406  clearing funds or accounts for the Chief Financial Officer or
  407  state agencies; trust funds that account for assets held by the
  408  state in a trustee capacity as an agent or fiduciary for
  409  individuals, private organizations, or other governmental units;
  410  and other trust funds authorized by the State Constitution.
  411         Section 10. Paragraph (b) of subsection (4) of section
  412  215.5601, Florida Statutes, is reenacted to read:
  413         215.5601 Lawton Chiles Endowment Fund.—
  414         (4) ADMINISTRATION.—
  415         (b) The endowment shall be managed as an annuity. The
  416  investment objective shall be long-term preservation of the real
  417  value of the net contributed principal and a specified regular
  418  annual cash outflow for appropriation, as nonrecurring revenue.
  419  From the annual cash outflow, a pro rata share shall be used
  420  solely for biomedical research activities as provided in
  421  paragraph (3)(d), until such time as cures are found for
  422  tobacco-related cancer and heart and lung disease. Five percent
  423  of the annual cash outflow dedicated to the biomedical research
  424  portion of the endowment shall be reinvested and applied to that
  425  portion of the endowment’s principal, with the remainder to be
  426  spent on biomedical research activities consistent with this
  427  section. The schedule of annual cash outflow shall be included
  428  within the investment plan adopted under paragraph (a).
  429  Withdrawals other than specified regular cash outflow shall be
  430  considered reductions in contributed principal for the purposes
  431  of this subsection.
  432         Section 11. In order to implement the issuance of new debt
  433  authorized in the 2010-2011 General Appropriations Act, and
  434  pursuant to the requirements of s. 215.98, Florida Statutes, the
  435  Legislature determines that the authorization and issuance of
  436  debt for the 2010-2011 fiscal year should be implemented and is
  437  in the best interest of the state and necessary to address a
  438  critical state emergency.
  439         Section 12. In order to implement Specific Appropriations
  440  3238 through 3260 of the 2010-2011 General Appropriations Act,
  441  the Office of State Courts Administrator shall report by
  442  February 15, 2011, to the chairs of the Senate Policy and
  443  Steering Committee on Ways and Means and the House Full
  444  Appropriations Council on Education and Economic Development,
  445  the number of assigned new and reopened cases and the number of
  446  cases closed by each judge in each division and circuit for the
  447  period January 1, 2010, through December 31, 2010.
  448         Section 13. In order to fulfill legislative intent
  449  regarding the use of funds contained in Specific Appropriations
  450  639, 651, 663, and 1188 of the 2010-2011 General Appropriations
  451  Act, the Department of Corrections and the Department of
  452  Juvenile Justice may expend appropriated funds to assist in
  453  defraying the costs of impacts that are incurred by a
  454  municipality or county and that are associated with opening or
  455  operating a facility under the authority of the respective
  456  department. The amount paid for any facility may not exceed 1
  457  percent of the cost to construct the facility, less building
  458  impact fees imposed by the municipality or county. This section
  459  expires July 1, 2011.
  460         Section 14. In order to implement section VII of the 2010
  461  2011 General Appropriations Act, paragraph (c) is added to
  462  subsection (4) of section 29.008, Florida Statutes, to read:
  463         29.008 County funding of court-related functions.—
  464         (4)
  465         (c) Counties are exempt from all requirements and
  466  provisions of paragraph (a) for the 2010-2011 fiscal year.
  467  Accordingly, for the 2010-2011 fiscal year, counties shall
  468  maintain, but are not required to increase, their expenditures
  469  for the items specified in paragraphs (1)(a)-(h) and subsection
  470  (3). The requirements described in paragraph (a) shall be
  471  reinstated beginning with the 2011-2012 fiscal year. This
  472  paragraph expires July 1, 2011.
  473         Section 15. In order to implement Specific Appropriations
  474  629 through 728 and 747 through 781 of the 2010-2011 General
  475  Appropriations Act, subsection (4) of section 216.262, Florida
  476  Statutes, is amended to read:
  477         216.262 Authorized positions.—
  478         (4) Notwithstanding the provisions of this chapter on
  479  increasing the number of authorized positions, and for the 2010
  480  2011 2009-2010 fiscal year only, if the actual inmate population
  481  of the Department of Corrections exceeds the inmate population
  482  projections of the February 19, 2010 April 30, 2009, Criminal
  483  Justice Estimating Conference by 1 percent for 2 consecutive
  484  months or 2 percent for any month, the Executive Office of the
  485  Governor, with the approval of the Legislative Budget
  486  Commission, shall immediately notify the Criminal Justice
  487  Estimating Conference, which shall convene as soon as possible
  488  to revise the estimates. The Department of Corrections may then
  489  submit a budget amendment requesting the establishment of
  490  positions in excess of the number authorized by the Legislature
  491  and additional appropriations from unallocated general revenue
  492  sufficient to provide for essential staff, fixed capital
  493  improvements, and other resources to provide classification,
  494  security, food services, health services, and other variable
  495  expenses within the institutions to accommodate the estimated
  496  increase in the inmate population. All actions taken pursuant to
  497  the authority granted in this subsection shall be subject to
  498  review and approval by the Legislative Budget Commission. This
  499  subsection expires July 1, 2011 2010.
  500         Section 16. In order to implement Specific Appropriations
  501  1343 and 1344 of the 2010-2011 General Appropriations Act, the
  502  Department of Legal Affairs is authorized to expend appropriated
  503  funds in those specific appropriations on the same programs that
  504  were funded by the department pursuant to specific
  505  appropriations made in general appropriations acts in prior
  506  years. This section expires July 1, 2011.
  507         Section 17. In order to implement Specific Appropriations
  508  324 through 345 of the 2010-2011 General Appropriations Act,
  509  paragraph (b) of subsection (3) of section 394.908, Florida
  510  Statutes, is amended to read:
  511         394.908 Substance abuse and mental health funding equity;
  512  distribution of appropriations.—In recognition of the historical
  513  inequity in the funding of substance abuse and mental health
  514  services for the department’s districts and regions and to
  515  rectify this inequity and provide for equitable funding in the
  516  future throughout the state, the following funding process shall
  517  be used:
  518         (3)
  519         (b) Notwithstanding paragraph (a) and for the 2010-2011
  520  2009-2010 fiscal year only, funds appropriated for forensic
  521  mental health treatment services shall be allocated to the areas
  522  of the state having the greatest demand for services and
  523  treatment capacity. This paragraph expires July 1, 2011 2010.
  524         Section 18. In order to implement Specific Appropriations
  525  2379 through 2401 of the 2010-2011 General Appropriations Act,
  526  subsection (14) of section 253.034, Florida Statutes, is amended
  527  to read:
  528         253.034 State-owned lands; uses.—
  529         (14) Notwithstanding the provisions of this section, funds
  530  derived from the sale of property by the Department of Citrus
  531  located in Lakeland, Florida, are authorized to be deposited
  532  into the Citrus Advertising Trust Fund. This subsection expires
  533  July 1, 2011 2010.
  534         Section 19. In order to implement Specific Appropriation
  535  1708Q of the 2010-2011 General Appropriations Act, paragraph (b)
  536  of subsection (1) of section 255.518, Florida Statutes, is
  537  reenacted to read:
  538         255.518 Obligations; purpose, terms, approval,
  539  limitations.—
  540         (1)
  541         (b) Payment of debt service charges on obligations during
  542  the construction of any facility financed by such obligations
  543  shall be made from funds other than proceeds of obligations.
  544         Section 20. The amendment to s. 255.518(1)(b), Florida
  545  Statutes, as carried forward by this act from chapter 2008-153
  546  and chapter 2009-82, Laws of Florida, shall expire July 1, 2011,
  547  and the text of that paragraph shall revert to that in existence
  548  on June 30, 2008, except that any amendments to such text
  549  enacted other than by this act shall be preserved and continue
  550  to operate to the extent that such amendments are not dependent
  551  upon the portions of such text which expire pursuant to this
  552  section.
  553         Section 21. In order to implement Specific Appropriation
  554  1692 of the 2010-2011 General Appropriations Act, subsection
  555  (12) of section 373.59, Florida Statutes, is amended to read:
  556         373.59 Water Management Lands Trust Fund.—
  557         (12) Notwithstanding the provisions of subsection (8) and
  558  for the 2010-2011 2009-2010 fiscal year only, the moneys from
  559  the Water Management Lands Trust Fund shall be allocated as
  560  follows:
  561         (a) An amount necessary to pay debt service on bonds issued
  562  before February 1, 2009, by the South Florida Water Management
  563  District and the St. Johns River Water Management District,
  564  which are secured by revenues provided pursuant to this section,
  565  or to fund debt service reserve funds, rebate obligations, or
  566  other amounts payable with respect to such bonds;
  567         (b) Eight million dollars to be transferred to the General
  568  Revenue Fund; and
  569         (c) The remaining funds to be distributed equally between
  570  the Suwannee River Water Management District and the Northwest
  571  Florida Water Management District.
  572  
  573  This subsection expires July 1, 2011 2010.
  574         Section 22. In order to implement Specific Appropriations
  575  1763, 1789, and 1790 of the 2010-2011 General Appropriations
  576  Act, paragraph (b) of subsection (3) of section 375.041, Florida
  577  Statutes, is amended to read:
  578         375.041 Land Acquisition Trust Fund.—
  579         (3)
  580         (b) In addition to the uses allowed in paragraph (a), for
  581  the 2010-2011 2008-2009 fiscal year, moneys in the Land
  582  Acquisition Trust Fund are authorized for transfer to support
  583  the Clean Water State Revolving Fund, the Drinking Water State
  584  Revolving Fund, and the Total Maximum Daily Loads programs the
  585  Ecosystem Management and Restoration Trust Fund for grants and
  586  aids to local governments for water projects as provided in the
  587  General Appropriations Act. This paragraph expires July 1, 2011
  588  2009.
  589         Section 23. In order to implement Specific Appropriations
  590  1765, 1766, 1767, 1769, and 1769A, paragraph (g) of subsection
  591  (1) of section 403.1651, Florida Statutes, is reenacted to read:
  592         403.1651 Ecosystem Management and Restoration Trust Fund.—
  593         (1) There is created the Ecosystem Management and
  594  Restoration Trust Fund to be administered by the Department of
  595  Environmental Protection for the purposes of:
  596         (g) Funding activities to preserve and repair the state’s
  597  beaches as provided in ss. 161.091-161.212.
  598         Section 24. The amendment to s. 403.1651(1)(g), Florida
  599  Statutes, as carried forward by this act from chapter 2009-82,
  600  Laws of Florida, shall expire July 1, 2011, and the text of that
  601  subsection shall revert to that in existence on June 30, 2009,
  602  except that any amendments to such text enacted other than by
  603  this act shall be preserved and continue to operate to the
  604  extent that such amendments are not dependent upon the portions
  605  of such text which expire pursuant to this section.
  606         Section 25. In order to implement Specific Appropriations
  607  1396A, 1456, 1491A, and 1493A of the 2010-2011 General
  608  Appropriations Act, subsection (3) is added to section 403.1651,
  609  Florida Statutes, to read:
  610         403.1651 Ecosystem Management and Restoration Trust Fund.—
  611         (3) For the 2010-2011 fiscal year only, moneys in the
  612  Ecosystems Management and Restoration Trust Fund are authorized
  613  for transfer to the General Inspection Trust Fund in the
  614  Department of Agriculture and Consumer Services for the Farm
  615  Share, Food Banks, and Mosquito Control programs, and the
  616  Technological Research and Development Authority. This
  617  subsection expires July 1, 2011.
  618         Section 26. In order to implement Specific Appropriations
  619  1378 through 1538 of the 2010-2011 General Appropriations Act,
  620  subsection (2) of section 570.20, Florida Statutes, is amended
  621  to read:
  622         570.20 General Inspection Trust Fund.—
  623         (2) For the 2010-2011 2009-2010 fiscal year only and
  624  notwithstanding any other provision of law to the contrary, in
  625  addition to the spending authorized in subsection (1), moneys in
  626  the General Inspection Trust Fund may be appropriated for
  627  programs operated by the department which are related to the
  628  programs authorized by this chapter. This subsection expires
  629  July 1, 2011 2010.
  630         Section 27. In order to implement Specific Appropriation
  631  1833 of the 2010-2011 General Appropriations Act, subsection (7)
  632  of section 403.7095, Florida Statutes, is amended to read:
  633         403.7095 Solid waste management grant program.—
  634         (7) Notwithstanding any provision of this section to the
  635  contrary, and for the 2010-2011 2009-2010 fiscal year only, the
  636  Department of Environmental Protection shall award the sum of
  637  $1,775,207 $2,600,000 in grants equally to counties having
  638  populations of fewer than 100,000 for waste tire and litter
  639  prevention, recycling education, and general solid waste
  640  programs. This subsection expires July 1, 2011 2010.
  641         Section 28. In order to implement Specific Appropriation
  642  1490 of the 2010-2011 General Appropriations Act and to provide
  643  consistency and continuity in the promotion of agriculture
  644  throughout the state, notwithstanding s. 287.057, Florida
  645  Statutes, the Department of Agriculture and Consumer Services,
  646  at its discretion, may extend, revise, and renew current
  647  contracts or agreements created or entered into pursuant to
  648  chapter 2006-25, Laws of Florida. This section expires July 1,
  649  2011.
  650         Section 29. In order to implement Specific Appropriations
  651  2646H through 2646O provided in the 2010-2011 General
  652  Appropriations Act, the Executive Office of the Governor shall
  653  sell the King Air 350 airplane. The receipts from the sale shall
  654  be deposited into the Bureau of Aircraft Trust Fund and expended
  655  in accordance with s. 287.161, Florida Statutes. Receipts from
  656  the sale are exempt from the service charge imposed pursuant to
  657  s. 215.20, Florida Statutes.
  658         Section 30. Notwithstanding any provision in chapter 287,
  659  Florida Statutes, to the contrary, the Department of Financial
  660  Services shall issue, by January 1, 2011, a solicitation for
  661  office supplies, and subsequently award a multiple-supplier
  662  contract with at least three awarded vendors.
  663         Section 31. In order to implement Specific Appropriation
  664  2125 in the 2010-2011 General Appropriations Act, subsection (5)
  665  of section 339.135, Florida Statutes, is amended to read:
  666         339.135 Work program; legislative budget request;
  667  definitions; preparation, adoption, execution, and amendment.—
  668         (5) ADOPTION OF THE WORK PROGRAM.—
  669         (a) The original approved budget for operational and fixed
  670  capital expenditures for the department shall be the Governor’s
  671  budget recommendation and the first year of the tentative work
  672  program, as both are amended by the General Appropriations Act
  673  and any other act containing appropriations. In accordance with
  674  the appropriations act, the department shall, prior to the
  675  beginning of the fiscal year, adopt a final work program which
  676  shall only include the original approved budget for the
  677  department for the ensuing fiscal year together with any roll
  678  forwards approved pursuant to paragraph (6)(c) and the portion
  679  of the tentative work program for the following 4 fiscal years
  680  revised in accordance with the original approved budget for the
  681  department for the ensuing fiscal year together with said roll
  682  forwards. The adopted work program may include only those
  683  projects submitted as part of the tentative work program
  684  developed under the provisions of subsection (4) plus any
  685  projects which are separately identified by specific
  686  appropriation in the General Appropriations Act and any roll
  687  forwards approved pursuant to paragraph (6)(c). However, any
  688  transportation project of the department which is identified by
  689  specific appropriation in the General Appropriations Act shall
  690  be deducted from the funds annually distributed to the
  691  respective district pursuant to paragraph (4)(a). In addition,
  692  the department shall not in any year include any project or
  693  allocate funds to a program in the adopted work program that is
  694  contrary to existing law for that particular year. Projects
  695  shall not be undertaken unless they are listed in the adopted
  696  work program.
  697         (b) Notwithstanding paragraph (a), and for the 2010-2011
  698  2009-2010 fiscal year only, the Department of Transportation
  699  shall transfer funds to the Office of Tourism, Trade, and
  700  Economic Development in an amount equal to $20,300,000 for the
  701  purpose of funding transportation-related needs of economic
  702  development projects, space and aerospace infrastructure, and
  703  urban redevelopment infrastructure projects. This transfer does
  704  shall not reduce, delete, or defer any existing projects funded,
  705  as of July 1, 2010 2009, in the Department of Transportation’s
  706  5-year work program. This paragraph expires July 1, 2011 2010.
  707         Section 32. In order to implement section 34 of the 2010
  708  2011 General Appropriations Act, paragraph (n) of subsection (1)
  709  of section 339.08, Florida Statutes, is amended to read:
  710         339.08 Use of moneys in State Transportation Trust Fund.—
  711         (1) The department shall expend moneys in the State
  712  Transportation Trust Fund accruing to the department, in
  713  accordance with its annual budget. The use of such moneys shall
  714  be restricted to the following purposes:
  715         (n) To pay administrative expenses incurred in accordance
  716  with applicable laws for a multicounty transportation or
  717  expressway authority created under chapter 343 or chapter 348,
  718  where jurisdiction for the authority includes a portion of the
  719  State Highway System and the administrative expenses are in
  720  furtherance of the duties and responsibilities of the authority
  721  in the development of improvements to the State Highway System.
  722  This paragraph expires July 1, 2011 2010.
  723         Section 33. In order to implement Specific Appropriation
  724  2112 of the 2010-2011 General Appropriations Act, paragraph (p)
  725  of subsection (1) of section 339.08, Florida Statutes, is
  726  amended to read:
  727         339.08 Use of moneys in State Transportation Trust Fund.—
  728         (1) The department shall expend moneys in the State
  729  Transportation Trust Fund accruing to the department, in
  730  accordance with its annual budget. The use of such moneys shall
  731  be restricted to the following purposes:
  732         (p) To pay for county and school district transportation
  733  infrastructure improvements. This paragraph expires July 1, 2011
  734  2010.
  735         Section 34. In order to implement Specific Appropriation
  736  2214 of the 2010-2011 General Appropriations Act, subsection
  737  (11) of section 445.009, Florida Statutes, is amended to read:
  738         445.009 One-stop delivery system.—
  739         (11)(a) A participant in an adult or youth work experience
  740  activity administered under this chapter shall be deemed an
  741  employee of the state for purposes of workers’ compensation
  742  coverage. In determining the average weekly wage, all
  743  remuneration received from the employer shall be considered a
  744  gratuity, and the participant shall not be entitled to any
  745  benefits otherwise payable under s. 440.15, regardless of
  746  whether the participant may be receiving wages and remuneration
  747  from other employment with another employer and regardless of
  748  his or her future wage-earning capacity.
  749         (b) This subsection expires July 1, 2011 2010.
  750         Section 35. In order to implement Specific Appropriations
  751  1557 through 1560 of the 2010-2011 General Appropriations Act,
  752  paragraph (d) of subsection (3) of section 163.3247, Florida
  753  Statutes, is amended to read:
  754         163.3247 Century Commission for a Sustainable Florida.—
  755         (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; CREATION;
  756  ORGANIZATION.—The Century Commission for a Sustainable Florida
  757  is created as a standing body to help the citizens of this state
  758  envision and plan their collective future with an eye towards
  759  both 25-year and 50-year horizons.
  760         (d) Members of the commission shall serve without
  761  compensation but shall be entitled to receive per diem and
  762  travel expenses in accordance with s. 112.061 while in
  763  performance of their duties.
  764         Section 36. The amendment to s. 163.3247(3)(d), Florida
  765  Statutes, made by this act shall expire July 1, 2011, and the
  766  text of that paragraph shall revert to that in existence on June
  767  30, 2010, except that any amendments to such text enacted other
  768  than by this act shall be preserved and continue to operate to
  769  the extent that such amendments are not dependent upon the
  770  portions of such text which expire pursuant to this section.
  771         Section 37. In order to implement Specific Appropriations
  772  1557 through 1560 of the 2010-2011 General Appropriations Act,
  773  paragraph (c) of subsection (1) of section 201.15, Florida
  774  Statutes, as amended by section 2 of chapter 2009-271, Laws of
  775  Florida, is amended to read:
  776         201.15 Distribution of taxes collected.—All taxes collected
  777  under this chapter are subject to the service charge imposed in
  778  s. 215.20(1). Prior to distribution under this section, the
  779  Department of Revenue shall deduct amounts necessary to pay the
  780  costs of the collection and enforcement of the tax levied by
  781  this chapter. Such costs and the service charge may not be
  782  levied against any portion of taxes pledged to debt service on
  783  bonds to the extent that the costs and service charge are
  784  required to pay any amounts relating to the bonds. After
  785  distributions are made pursuant to subsection (1), all of the
  786  costs of the collection and enforcement of the tax levied by
  787  this chapter and the service charge shall be available and
  788  transferred to the extent necessary to pay debt service and any
  789  other amounts payable with respect to bonds authorized before
  790  January 1, 2010, secured by revenues distributed pursuant to
  791  subsection (1). All taxes remaining after deduction of costs and
  792  the service charge shall be distributed as follows:
  793         (1) Sixty-three and thirty-one hundredths percent of the
  794  remaining taxes shall be used for the following purposes:
  795         (c) After the required payments under paragraphs (a) and
  796  (b), the remainder shall be paid into the State Treasury to the
  797  credit of:
  798         1. The State Transportation Trust Fund in the Department of
  799  Transportation in the amount of the lesser of 38.2 percent of
  800  the remainder or $541.75 million in each fiscal year, to be used
  801  for the following specified purposes, notwithstanding any other
  802  law to the contrary:
  803         a. For the purposes of capital funding for the New Starts
  804  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
  805  specified in s. 341.051, 10 percent of these funds;
  806         b. For the purposes of the Small County Outreach Program
  807  specified in s. 339.2818, 5 percent of these funds. Effective
  808  July 1, 2014, the percentage allocated under this sub
  809  subparagraph shall be increased to 10 percent;
  810         c. For the purposes of the Strategic Intermodal System
  811  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
  812  of these funds after allocating for the New Starts Transit
  813  Program described in sub-subparagraph a. and the Small County
  814  Outreach Program described in sub-subparagraph b.; and
  815         d. For the purposes of the Transportation Regional
  816  Incentive Program specified in s. 339.2819, 25 percent of these
  817  funds after allocating for the New Starts Transit Program
  818  described in sub-subparagraph a. and the Small County Outreach
  819  Program described in sub-subparagraph b. Effective July 1, 2014,
  820  the first $60 million of the funds allocated pursuant to this
  821  sub-subparagraph shall be allocated annually to the Florida Rail
  822  Enterprise for the purposes established in s. 341.303(5).
  823         2. The Grants and Donations Trust Fund in the Department of
  824  Community Affairs in the amount of the lesser of .23 percent of
  825  the remainder or $3.25 million in each fiscal year, with 92
  826  percent to be used to fund technical assistance to local
  827  governments and school boards on the requirements and
  828  implementation of this act and the remaining amount to be used
  829  to fund the Century Commission established in s. 163.3247.
  830         3. The Ecosystem Management and Restoration Trust Fund in
  831  the amount of the lesser of 2.12 percent of the remainder or $30
  832  million in each fiscal year, to be used for the preservation and
  833  repair of the state’s beaches as provided in ss. 161.091
  834  161.212.
  835         4. General Inspection Trust Fund in the amount of the
  836  lesser of .02 percent of the remainder or $300,000 in each
  837  fiscal year to be used to fund oyster management and restoration
  838  programs as provided in s. 379.362(3).
  839  
  840  Moneys distributed pursuant to this paragraph may not be pledged
  841  for debt service unless such pledge is approved by referendum of
  842  the voters.
  843         Section 38. The amendment to s. 201.15(1)(c)2., Florida
  844  Statutes, made by this act shall expire July 1, 2011, and the
  845  text of that subparagraph shall revert to that in existence on
  846  June 30, 2010, except that any amendments to such text enacted
  847  other than by this act shall be preserved and continue to
  848  operate to the extent that such amendments are not dependent
  849  upon the portions of such text which expire pursuant to this
  850  section.
  851         Section 39. In order to implement Specific Appropriations
  852  1567, 1569, 1571, 1575, 1594, 1596, 1598, and 1617 of the 2010
  853  2011 General Appropriations Act, subsection (8) of section
  854  215.559, Florida Statutes, is amended to read:
  855         215.559 Hurricane Loss Mitigation Program.—
  856         (8)(a) Notwithstanding any other provision of this section
  857  and for the 2010-2011 2008-2009 fiscal year only, the $10
  858  million appropriation provided for in subsection (1) shall be
  859  allocated as follows:
  860         1. The sum of $2.7 $2.8 million shall be used to inspect
  861  and improve tie-downs for mobile homes for the same purpose as
  862  specified in paragraph (3)(a).
  863         2. The sum of $3 million shall be used for operating costs
  864  of the State Logistics Response Center and the original purposes
  865  identified in paragraph (2)(b), as appropriated $700,000 shall
  866  be allocated to the Florida International University for the
  867  same purpose as specified in subsection (4).
  868         3. The sum of $4,192,389 $6,421,764 shall be competitively
  869  bid for the purposes provided in paragraph (2)(a) used to
  870  install emergency power generators in special-needs hurricane
  871  evacuation shelters as provided in s. 1, ch. 2006-71, Laws of
  872  Florida, except that such funds may not be used for
  873  administrative purposes.
  874         4. The sum of $107,611 $78,236 shall be allocated for
  875  operational purposes of the department as specified in the 2010
  876  2011 2008-2009 General Appropriations Act.
  877         (b) This subsection expires July 1, 2011 2009.
  878         Section 40. In order to implement Specific Appropriation
  879  2072 of the 2010-2011 General Appropriations Act, subsection (8)
  880  of section 332.007, Florida Statutes, is reenacted to read:
  881         332.007 Administration and financing of aviation and
  882  airport programs and projects; state plan.—
  883         (8) Notwithstanding any other provision of law to the
  884  contrary, the department is authorized to fund security
  885  projects, including operational and maintenance assistance, at
  886  publicly owned public-use airports. For projects in the current
  887  adopted work program, or projects added using the available
  888  budget of the department, airports may request the department
  889  change the project purpose in accordance with this provision
  890  notwithstanding the provisions of s. 339.135(7). For purposes of
  891  this subsection, the department may fund up to 100 percent of
  892  eligible project costs that are not funded by the Federal
  893  Government. This subsection shall expire on June 30, 2012.
  894         Section 41. The amendment to s. 332.007(8), Florida
  895  Statutes, as carried forward by this act from chapter 2009-82,
  896  Laws of Florida, shall expire July 1, 2011, and the text of that
  897  subsection shall revert to that in existence on June 30, 2009,
  898  except that any amendments to such text enacted other than by
  899  this act shall be preserved and continue to operate to the
  900  extent that such amendments are not dependent upon the portions
  901  of such text which expire pursuant to this section.
  902         Section 42. In order to implement Specific Appropriation 18
  903  of the 2010-2011 General Appropriations Act, paragraph (c) is
  904  added to subsection (3) of section 216.292, Florida Statutes, to
  905  read:
  906         216.292 Appropriations nontransferable; exceptions.—
  907         (3) The following transfers are authorized with the
  908  approval of the Executive Office of the Governor for the
  909  executive branch or the Chief Justice for the judicial branch,
  910  subject to the notice and objection provisions of s. 216.177:
  911         (c) The transfer of appropriations for fixed capital outlay
  912  from the Survey Recommended Needs - Public Schools appropriation
  913  category to the Maintenance, Repair, Renovation, and Remodeling
  914  appropriation category. The allocation of transferred funds
  915  shall be in accordance with s. 1013.64(1). This paragraph
  916  expires July 1, 2011.
  917         Section 43. In order to implement the appropriations
  918  authorized in the 2010-2011 General Appropriations Act for each
  919  of the state’s designated primary data centers, which are funded
  920  from the data processing appropriation category and other
  921  categories used to pay for computing services of user agencies,
  922  and pursuant to the notice, review, and objection procedures of
  923  s. 216.177, Florida Statutes, the Executive Office of the
  924  Governor is authorized to transfer funds appropriated in any
  925  appropriation category used to pay for data processing in the
  926  2010-2011 General Appropriations Act between agencies in order
  927  to align the budget authority granted with the utilization rate
  928  of each department.
  929         Section 44. In order to implement the appropriations
  930  authorized in the 2010-2011 General Appropriations Act which
  931  were submitted pursuant to the provisions of s. 17 of chapter
  932  2008-116, Laws of Florida, and notwithstanding s. 216.181(1)(c),
  933  Florida Statutes, an agency may transfer funds from the data
  934  processing appropriation categories to another appropriation
  935  category for the purpose of supporting and managing its computer
  936  resources until such time as the agency’s data processing
  937  function is transferred to the Southwood Shared Resource Center,
  938  the Northwood Shared Resource Center, or the Northwest Regional
  939  Data Center.
  940         Section 45. In order to implement Specific Appropriation
  941  2179B, the Executive Office of the Governor is authorized to
  942  transfer funds appropriated in the appropriation category
  943  “Expenses” of the 2010-2011 General Appropriations Act between
  944  agencies in order to allocate a reduction relating to SUNCOM
  945  Services. This section expires July 1, 2011.
  946         Section 46. (1) In order to implement Specific
  947  Appropriations 1119 through 1126, 1167 through 1185, 1194, and
  948  1199, the Department of Juvenile Justice must comply with the
  949  following reimbursement limitations:
  950         (a)No payment to a hospital or a health care provider may
  951  exceed 110 percent of the Medicare allowable rate for any health
  952  care services provided if no contract exists between the
  953  department and either the hospital or the health care provider
  954  providing services at a hospital;
  955         (b) The department may continue to make payments for health
  956  care services at the currently contracted rates through the
  957  current term of the contract if a contract has been executed
  958  between the department and a hospital or a health care provider
  959  providing services to a hospital; however, no payments may
  960  exceed 110 percent of Medicare allowable rate after the current
  961  term of the contract expires or after the contract is renewed
  962  during the 2010-2011 fiscal year;
  963         (c)Payments may not exceed 110 percent of the Medicare
  964  allowable rates under a contract executed on or after July 1,
  965  2010, between the department and a hospital or health care
  966  provider providing services at a hospital;
  967         (d)Notwithstanding the limitations of paragraphs (a), (b),
  968  and (c), the department may pay up to 125 percent of the
  969  Medicare allowable rate for health care services at a hospital
  970  that reports or has reported a negative operating margin for the
  971  prior fiscal year to the Agency for Health Care Administration
  972  through hospital-audited financial data; and
  973         (e) The department may not execute a contract for health
  974  care services at hospitals for rates other than rates based on a
  975  percentage of the Medicare allowable rate.
  976         (2)For purposes of this section, “hospital” means any
  977  hospital licensed under chapter 395, Florida Statutes.
  978         (3)This section expires July 1, 2011.
  979         Section 47. Any section of this act which implements a
  980  specific appropriation or specifically identified proviso
  981  language in the 2010-2011 General Appropriations Act is void if
  982  the specific appropriation or specifically identified proviso
  983  language is vetoed. Any section of this act which implements
  984  more than one specific appropriation or more than one portion of
  985  specifically identified proviso language in the 2010-2011
  986  General Appropriations Act is void if all the specific
  987  appropriations or portions of specifically identified proviso
  988  language are vetoed.
  989         Section 48. If any other act passed in 2010 contains a
  990  provision that is substantively the same as a provision in this
  991  act, but that removes or is otherwise not subject to the future
  992  repeal applied to such provision by this act, the Legislature
  993  intends that the provision in the other act shall take
  994  precedence and continue to operate, notwithstanding the future
  995  repeal provided by this act.
  996         Section 49. If any provision of this act or its application
  997  to any person or circumstance is held invalid, the invalidity
  998  does not affect other provisions or applications of the act
  999  which can be given effect without the invalid provision or
 1000  application, and to this end the provisions of this act are
 1001  severable.
 1002         Section 50. This act shall take effect July 1, 2010; or, if
 1003  this act fails to become a law until after that date, it shall
 1004  take effect upon becoming a law and shall operate retroactively
 1005  to July 1, 2010.
 1006  

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