December 05, 2020
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       Florida Senate - 2010         (PROPOSED COMMITTEE BILL) SPB 7088
       
       
       
       FOR CONSIDERATION By the Policy and Steering Committee on Ways
       and Means
       
       
       
       576-02322E-10                                         20107088__
    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; prohibiting a state agency from
   70         adopting or implementing a rule or policy that
   71         mandates new nitrogen-reduction limits that apply to
   72         existing or new onsite sewage treatment systems, has
   73         the effect of requiring the use of performance-based
   74         treatment systems, or increases the cost of treatment
   75         for nitrogen reduction from onsite systems before a
   76         specified study is completed; providing for future
   77         expiration; amending s. 253.034, F.S.; delaying the
   78         expiration of provisions authorizing the deposit of
   79         funds derived from the sale of property by the
   80         Department of Citrus into the Citrus Advertising Trust
   81         Fund; reenacting s. 255.518(1)(b), F.S., relating to
   82         the payment of obligations during the construction of
   83         a facility financed by such obligations; providing for
   84         the future expiration of certain amendments to such
   85         provision and for the reversion of statutory text;
   86         amending s. 373.59, F.S.; delaying the expiration of
   87         provisions providing for the allocation of moneys from
   88         the Water Management Lands Trust Fund for certain
   89         purposes; amending s. 375.041, F.S.; providing for the
   90         transfer of moneys from the Land Acquisition Trust
   91         Fund to support the Clean Water State Revolving Fund
   92         and Drinking Water State Revolving Fund programs,
   93         rather than to the Ecosystem Management and
   94         Restoration Trust Fund for grants and aids to local
   95         governments for water projects; providing for future
   96         expiration; reenacting s. 403.1651(1)(g), F.S.,
   97         relating to the use of funds from the Ecosystem
   98         Management and Restoration Trust Fund for the purpose
   99         of funding activities to preserve and repair the
  100         state’s beaches; providing for future expiration of
  101         certain amendments to such provision and for the
  102         reversion of statutory text; amending s. 403.1651,
  103         F.S.; providing for the transfer of moneys from the
  104         Ecosystem Management and Restoration Trust Fund to the
  105         General Inspection Trust Fund for the Farm Share, Food
  106         Banks, and Mosquito Control program and the
  107         Technological Research and Development Authority;
  108         providing for future expiration; amending s. 570.20,
  109         F.S.; delaying the expiration of provisions
  110         authorizing the Department of Agriculture and Consumer
  111         Services to use funds from the General Inspection
  112         Trust Fund for certain programs; amending s. 403.7095,
  113         F.S.; delaying the expiration of provisions requiring
  114         that the Department of Environmental Protection award
  115         a specified amount in grants equally to certain
  116         counties for waste tire and litter prevention,
  117         recycling education, and general solid waste programs;
  118         authorizing the Department of Agriculture and Consumer
  119         Services to extend, revise, and renew current
  120         contracts or agreements created or entered into for
  121         the purpose of promoting agriculture; providing for
  122         future expiration; requiring the Executive Office of
  123         the Governor to sell the King Air 350 airplane;
  124         requiring the receipts from the sale of the airplane
  125         to be deposited into the Bureau of Aircraft Trust
  126         Fund; requiring the Department of Financial Services
  127         to issue a solicitation for office supplies and award
  128         a multiple supplier contract by a specified date;
  129         amending s. 339.135, F.S.; delaying the expiration of
  130         provisions requiring that the Department of
  131         Transportation transfer funds to the Office of
  132         Tourism, Trade, and Economic Development for the
  133         purpose of funding transportation-related needs of
  134         economic development; authorizing such funds to be
  135         used for the additional purposes of space and
  136         aerospace infrastructure and urban redevelopment
  137         infrastructure projects; amending s. 339.08, F.S.;
  138         delaying the expiration of provisions relating to the
  139         use of moneys in the State Transportation Trust Fund
  140         for certain administrative expenses; delaying the
  141         expiration of provisions authorizing the Department of
  142         Transportation to use moneys from the State
  143         Transportation Trust Fund to pay for county and school
  144         district transportation infrastructure improvements;
  145         amending s. 445.009, F.S.; delaying the expiration of
  146         provisions designating participants in an adult or
  147         youth work experience activity under ch. 445, F.S., as
  148         employees of the state for purposes of workers’
  149         compensation coverage; amending s. 163.3247, F.S.;
  150         removing a provision that entitles members of the
  151         Century Commission for a Sustainable Florida to
  152         receive per diem and travel expenses; providing for
  153         future expiration of the amendment to such provision
  154         and for the reversion of statutory text; amending s.
  155         201.15, F.S.; revising provisions relating to funds
  156         deposited into the Grants and Donations Trust Fund in
  157         the Department of Community Affairs which are used to
  158         fund the Century Commission; providing for future
  159         expiration of the amendment to such provision and for
  160         the reversion of statutory text; amending s. 215.559,
  161         F.S.; delaying the expiration of provisions relating
  162         to the Hurricane Loss Mitigation Program; revising the
  163         amount appropriated for the purpose of inspecting and
  164         improving tie-downs for mobile homes; providing an
  165         appropriation to the State Logistics Response Center
  166         for certain purposes; providing an appropriation to be
  167         competitively bid to improve the wind resistance of
  168         residences and mobile homes; revising the amount
  169         allocated for the operational purposes; reenacting s.
  170         332.007(8), F.S., relating to the funding of security
  171         projects at publicly owned public-use airports;
  172         providing for the future expiration of certain
  173         amendments to such provision and for the reversion of
  174         statutory text; amending s. 216.292, F.S.; authorizing
  175         the transfer of funds for fixed capital outlay between
  176         specified appropriation categories; providing for
  177         future expiration; authorizing the Executive Office of
  178         the Governor to transfer funds for use by the state’s
  179         designated primary data centers, pursuant to statutory
  180         procedures for notice, review, and objection;
  181         authorizing agencies to transfer funds from data
  182         processing appropriation categories to other
  183         appropriation categories in order to support and
  184         manage computer resources, notwithstanding other
  185         provisions of law; authorizing the Executive Office of
  186         the Governor to transfer funds between agencies in
  187         order to allocate a reduction relating to SUNCOM;
  188         providing for future expiration; requiring that the
  189         Department of Juvenile Justice comply with specified
  190         reimbursement limitations with respect to payments to
  191         hospitals or health care providers for health care
  192         services; authorizing certain payments pursuant to a
  193         contracted rate only until the contract expires or is
  194         renewed; defining the term “hospital” for purposes of
  195         such limitations; providing for future expiration;
  196         providing for the effect of a veto of one or more
  197         specific appropriations or proviso provisions to which
  198         implementing language refers; providing for the
  199         continued operation of certain provisions,
  200         notwithstanding a future repeal or expiration provided
  201         by the act; providing for severability; providing for
  202         contingent retroactive application; providing an
  203         effective date.
  204  
  205  Be It Enacted by the Legislature of the State of Florida:
  206  
  207         Section 1. It is the intent of the Legislature that the
  208  implementing and administering provisions of this act apply to
  209  the General Appropriations Act for the 2010-2011 fiscal year.
  210         Section 2. In order to implement sections 2 through 7 of
  211  the 2010-2011 General Appropriations Act, paragraph (b) of
  212  subsection (5) of section 216.292, Florida Statutes, is amended
  213  to read:
  214         216.292 Appropriations nontransferable; exceptions.—
  215         (5)
  216         (b) Notwithstanding paragraph (a), and for the 2010-2011
  217  2009-2010 fiscal year only, the Governor may recommend the
  218  initiation of fixed capital outlay projects funded by grants
  219  awarded by the Federal Government through the American Recovery
  220  and Reinvestment Act of 2009. All actions taken pursuant to the
  221  authority granted in the paragraph are subject to review and
  222  approval by the Legislative Budget Commission. This paragraph
  223  expires July 1, 2011 2010.
  224         Section 3. In order to implement sections 2 through 7 of
  225  the 2010-2011 General Appropriations Act, the Executive Office
  226  of the Governor is authorized to transfer funds appropriated for
  227  the American Recovery and Reinvestment Act of 2009 (ARRA) in
  228  traditional appropriation categories in the 2010-2011 General
  229  Appropriations Act to appropriation categories established for
  230  the specific purpose of tracking funds appropriated for the
  231  ARRA. This section expires July 1, 2011.
  232         Section 4. In order to implement section 8 of the 2010-2011
  233  General Appropriations Act, paragraph (j) is added to subsection
  234  (3) of section 110.123, Florida Statutes, to read
  235         110.123 State group insurance program.—
  236         (3) STATE GROUP INSURANCE PROGRAM.—
  237         (j)Notwithstanding the provisions of paragraph (f)
  238  requiring uniform contributions, and for the 2010-2011 fiscal
  239  year only, the state contribution toward the cost of any plan in
  240  the state group insurance plan shall be the difference between
  241  the overall premium and the employee contribution. This section
  242  expires June 30, 2011.
  243         Section 5. In order to implement the appropriation of funds
  244  in Special Categories-Risk Management Insurance of the 2010-2011
  245  General Appropriations Act, and pursuant to the notice, review,
  246  and objection procedures of s. 216.177, Florida Statutes, the
  247  Executive Office of the Governor is authorized to transfer funds
  248  appropriated in the appropriation category “Special Categories
  249  Risk Management Insurance” of the 2010-2011 General
  250  Appropriations Act between departments in order to align the
  251  budget authority granted with the premiums paid by each
  252  department for risk management insurance. This section expires
  253  July 1, 2011.
  254         Section 6. In order to implement the appropriation of funds
  255  in Special Categories-Transfer to Department of Management
  256  Services-Human Resources Services Purchased Per Statewide
  257  Contract of the 2010-2011 General Appropriations Act, and
  258  pursuant to the notice, review, and objection procedures of s.
  259  216.177, Florida Statutes, the Executive Office of the Governor
  260  is authorized to transfer funds appropriated in the
  261  appropriation category “Special Categories-Transfer to
  262  Department of Management Services-Human Resources Services
  263  Purchased Per Statewide Contract” of the 2010-2011 General
  264  Appropriations Act between departments in order to align the
  265  budget authority granted with the assessments that must be paid
  266  by each agency to the Department of Management Services for
  267  human resource management services. This section expires July 1,
  268  2011.
  269         Section 7. In order to implement Specific Appropriations
  270  2768 and 2769 of the 2010-2011 General Appropriations Act:
  271         (1) Notwithstanding the provisions of s. 11.13(1), Florida
  272  Statutes, relating to the annual adjustment of salaries for
  273  members of the Legislature, to the contrary, for the 2010-2011
  274  fiscal year only, the authorized salaries of members of the
  275  Legislature in effect on June 30, 2010, shall be reduced by 7
  276  percent.
  277         (2) Effective June 30, 2011, the annual salaries of members
  278  of the Legislature shall be set at the amounts authorized and in
  279  effect on June 30, 2010, pursuant to subsection (2) of section
  280  48 of chapter 2009-82, Laws of Florida.
  281         (3) This section expires July 1, 2011.
  282         Section 8. In order to implement Specific Appropriations
  283  for salaries and benefits in the 2010-2011 General
  284  Appropriations Act, paragraph (b) of subsection (3) of section
  285  112.24, Florida Statutes, is amended to read:
  286         112.24 Intergovernmental interchange of public employees.
  287  To encourage economical and effective utilization of public
  288  employees in this state, the temporary assignment of employees
  289  among agencies of government, both state and local, and
  290  including school districts and public institutions of higher
  291  education is authorized under terms and conditions set forth in
  292  this section. State agencies, municipalities, and political
  293  subdivisions are authorized to enter into employee interchange
  294  agreements with other state agencies, the Federal Government,
  295  another state, a municipality, or a political subdivision
  296  including a school district, or with a public institution of
  297  higher education. State agencies are also authorized to enter
  298  into employee interchange agreements with private institutions
  299  of higher education and other nonprofit organizations under the
  300  terms and conditions provided in this section. In addition, the
  301  Governor or the Governor and Cabinet may enter into employee
  302  interchange agreements with a state agency, the Federal
  303  Government, another state, a municipality, or a political
  304  subdivision including a school district, or with a public
  305  institution of higher learning to fill, subject to the
  306  requirements of chapter 20, appointive offices which are within
  307  the executive branch of government and which are filled by
  308  appointment by the Governor or the Governor and Cabinet. Under
  309  no circumstances shall employee interchange agreements be
  310  utilized for the purpose of assigning individuals to participate
  311  in political campaigns. Duties and responsibilities of
  312  interchange employees shall be limited to the mission and goals
  313  of the agencies of government.
  314         (3) Salary, leave, travel and transportation, and
  315  reimbursements for an employee of a sending party that is
  316  participating in an interchange program shall be handled as
  317  follows:
  318         (b)1. The assignment of an employee of a state agency
  319  either on detail or on leave of absence may be made without
  320  reimbursement by the receiving party for the travel and
  321  transportation expenses to or from the place of the assignment
  322  or for the pay and benefits, or a part thereof, of the employee
  323  during the assignment.
  324         2. For the 2010-2011 2009-2010 fiscal year only, the
  325  assignment of an employee of a state agency as provided in
  326  subparagraph 1. may be made if recommended by the Governor or
  327  Chief Justice, as appropriate, and approved by the chairs of the
  328  Senate Policy and Steering Committee on Ways and Means and the
  329  House Full Appropriations Council on General Government and
  330  Health Care. Such actions shall be deemed approved if neither
  331  chair provides written notice of objection within 14 days after
  332  the chair’s receiving notice of the action pursuant to s.
  333  216.177. This subparagraph expires July 1, 2011 2010.
  334         Section 9. In order to implement the transfer of moneys to
  335  the General Revenue Fund from trust funds in the 2010-2011
  336  General Appropriations Act, paragraph (b) of subsection (2) of
  337  section 215.32, Florida Statutes, is reenacted to read:
  338         215.32 State funds; segregation.—
  339         (2) The source and use of each of these funds shall be as
  340  follows:
  341         (b)1. The trust funds shall consist of moneys received by
  342  the state which under law or under trust agreement are
  343  segregated for a purpose authorized by law. The state agency or
  344  branch of state government receiving or collecting such moneys
  345  shall be responsible for their proper expenditure as provided by
  346  law. Upon the request of the state agency or branch of state
  347  government responsible for the administration of the trust fund,
  348  the Chief Financial Officer may establish accounts within the
  349  trust fund at a level considered necessary for proper
  350  accountability. Once an account is established within a trust
  351  fund, the Chief Financial Officer may authorize payment from
  352  that account only upon determining that there is sufficient cash
  353  and releases at the level of the account.
  354         2. In addition to other trust funds created by law, to the
  355  extent possible, each agency shall use the following trust funds
  356  as described in this subparagraph for day-to-day operations:
  357         a. Operations or operating trust fund, for use as a
  358  depository for funds to be used for program operations funded by
  359  program revenues, with the exception of administrative
  360  activities when the operations or operating trust fund is a
  361  proprietary fund.
  362         b. Operations and maintenance trust fund, for use as a
  363  depository for client services funded by third-party payors.
  364         c. Administrative trust fund, for use as a depository for
  365  funds to be used for management activities that are departmental
  366  in nature and funded by indirect cost earnings and assessments
  367  against trust funds. Proprietary funds are excluded from the
  368  requirement of using an administrative trust fund.
  369         d. Grants and donations trust fund, for use as a depository
  370  for funds to be used for allowable grant or donor agreement
  371  activities funded by restricted contractual revenue from private
  372  and public nonfederal sources.
  373         e. Agency working capital trust fund, for use as a
  374  depository for funds to be used pursuant to s. 216.272.
  375         f. Clearing funds trust fund, for use as a depository for
  376  funds to account for collections pending distribution to lawful
  377  recipients.
  378         g. Federal grant trust fund, for use as a depository for
  379  funds to be used for allowable grant activities funded by
  380  restricted program revenues from federal sources.
  381  
  382  To the extent possible, each agency must adjust its internal
  383  accounting to use existing trust funds consistent with the
  384  requirements of this subparagraph. If an agency does not have
  385  trust funds listed in this subparagraph and cannot make such
  386  adjustment, the agency must recommend the creation of the
  387  necessary trust funds to the Legislature no later than the next
  388  scheduled review of the agency’s trust funds pursuant to s.
  389  215.3206.
  390         3. All such moneys are hereby appropriated to be expended
  391  in accordance with the law or trust agreement under which they
  392  were received, subject always to the provisions of chapter 216
  393  relating to the appropriation of funds and to the applicable
  394  laws relating to the deposit or expenditure of moneys in the
  395  State Treasury.
  396         4.a. Notwithstanding any provision of law restricting the
  397  use of trust funds to specific purposes, unappropriated cash
  398  balances from selected trust funds may be authorized by the
  399  Legislature for transfer to the Budget Stabilization Fund and
  400  General Revenue Fund in the General Appropriations Act.
  401         b. This subparagraph does not apply to trust funds required
  402  by federal programs or mandates; trust funds established for
  403  bond covenants, indentures, or resolutions whose revenues are
  404  legally pledged by the state or public body to meet debt service
  405  or other financial requirements of any debt obligations of the
  406  state or any public body; the State Transportation Trust Fund;
  407  the trust fund containing the net annual proceeds from the
  408  Florida Education Lotteries; the Florida Retirement System Trust
  409  Fund; trust funds under the management of the State Board of
  410  Education or the Board of Governors of the State University
  411  System, where such trust funds are for auxiliary enterprises,
  412  self-insurance, and contracts, grants, and donations, as those
  413  terms are defined by general law; trust funds that serve as
  414  clearing funds or accounts for the Chief Financial Officer or
  415  state agencies; trust funds that account for assets held by the
  416  state in a trustee capacity as an agent or fiduciary for
  417  individuals, private organizations, or other governmental units;
  418  and other trust funds authorized by the State Constitution.
  419         Section 10. Paragraph (b) of subsection (4) of section
  420  215.5601, Florida Statutes, is reenacted to read:
  421         215.5601 Lawton Chiles Endowment Fund.—
  422         (4) ADMINISTRATION.—
  423         (b) The endowment shall be managed as an annuity. The
  424  investment objective shall be long-term preservation of the real
  425  value of the net contributed principal and a specified regular
  426  annual cash outflow for appropriation, as nonrecurring revenue.
  427  From the annual cash outflow, a pro rata share shall be used
  428  solely for biomedical research activities as provided in
  429  paragraph (3)(d), until such time as cures are found for
  430  tobacco-related cancer and heart and lung disease. Five percent
  431  of the annual cash outflow dedicated to the biomedical research
  432  portion of the endowment shall be reinvested and applied to that
  433  portion of the endowment’s principal, with the remainder to be
  434  spent on biomedical research activities consistent with this
  435  section. The schedule of annual cash outflow shall be included
  436  within the investment plan adopted under paragraph (a).
  437  Withdrawals other than specified regular cash outflow shall be
  438  considered reductions in contributed principal for the purposes
  439  of this subsection.
  440         Section 11. In order to implement the issuance of new debt
  441  authorized in the 2010-2011 General Appropriations Act, and
  442  pursuant to the requirements of s. 215.98, Florida Statutes, the
  443  Legislature determines that the authorization and issuance of
  444  debt for the 2010-2011 fiscal year should be implemented and is
  445  in the best interest of the state and necessary to address a
  446  critical state emergency.
  447         Section 12. In order to implement Specific Appropriations
  448  3238 through 3260 of the 2010-2011 General Appropriations Act,
  449  the Office of State Courts Administrator shall report by
  450  February 15, 2011, to the chairs of the Senate Policy and
  451  Steering Committee on Ways and Means and the House Full
  452  Appropriations Council on Education and Economic Development,
  453  the number of assigned new and reopened cases and the number of
  454  cases closed by each judge in each division and circuit for the
  455  period January 1, 2010, through December 31, 2010.
  456         Section 13. In order to fulfill legislative intent
  457  regarding the use of funds contained in Specific Appropriations
  458  639, 651, 663, and 1188 of the 2010-2011 General Appropriations
  459  Act, the Department of Corrections and the Department of
  460  Juvenile Justice may expend appropriated funds to assist in
  461  defraying the costs of impacts that are incurred by a
  462  municipality or county and that are associated with opening or
  463  operating a facility under the authority of the respective
  464  department. The amount paid for any facility may not exceed 1
  465  percent of the cost to construct the facility, less building
  466  impact fees imposed by the municipality or county. This section
  467  expires July 1, 2011.
  468         Section 14. In order to implement section VII of the 2010
  469  2011 General Appropriations Act, paragraph (c) is added to
  470  subsection (4) of section 29.008, Florida Statutes, to read:
  471         29.008 County funding of court-related functions.—
  472         (4)
  473         (c) Counties are exempt from all requirements and
  474  provisions of paragraph (a) for the 2010-2011 fiscal year.
  475  Accordingly, for the 2010-2011 fiscal year, counties shall
  476  maintain, but are not required to increase, their expenditures
  477  for the items specified in paragraphs (1)(a)-(h) and subsection
  478  (3). The requirements described in paragraph (a) shall be
  479  reinstated beginning with the 2011-2012 fiscal year. This
  480  paragraph expires July 1, 2011.
  481         Section 15. In order to implement Specific Appropriations
  482  629 through 728 and 747 through 781 of the 2010-2011 General
  483  Appropriations Act, subsection (4) of section 216.262, Florida
  484  Statutes, is amended to read:
  485         216.262 Authorized positions.—
  486         (4) Notwithstanding the provisions of this chapter on
  487  increasing the number of authorized positions, and for the 2010
  488  2011 2009-2010 fiscal year only, if the actual inmate population
  489  of the Department of Corrections exceeds the inmate population
  490  projections of the February 19, 2010 April 30, 2009, Criminal
  491  Justice Estimating Conference by 1 percent for 2 consecutive
  492  months or 2 percent for any month, the Executive Office of the
  493  Governor, with the approval of the Legislative Budget
  494  Commission, shall immediately notify the Criminal Justice
  495  Estimating Conference, which shall convene as soon as possible
  496  to revise the estimates. The Department of Corrections may then
  497  submit a budget amendment requesting the establishment of
  498  positions in excess of the number authorized by the Legislature
  499  and additional appropriations from unallocated general revenue
  500  sufficient to provide for essential staff, fixed capital
  501  improvements, and other resources to provide classification,
  502  security, food services, health services, and other variable
  503  expenses within the institutions to accommodate the estimated
  504  increase in the inmate population. All actions taken pursuant to
  505  the authority granted in this subsection shall be subject to
  506  review and approval by the Legislative Budget Commission. This
  507  subsection expires July 1, 2011 2010.
  508         Section 16. In order to implement Specific Appropriations
  509  1343 and 1344 of the 2010-2011 General Appropriations Act, the
  510  Department of Legal Affairs is authorized to expend appropriated
  511  funds in those specific appropriations on the same programs that
  512  were funded by the department pursuant to specific
  513  appropriations made in general appropriations acts in prior
  514  years. This section expires July 1, 2011.
  515         Section 17. In order to implement Specific Appropriations
  516  324 through 345 of the 2010-2011 General Appropriations Act,
  517  paragraph (b) of subsection (3) of section 394.908, Florida
  518  Statutes, is amended to read:
  519         394.908 Substance abuse and mental health funding equity;
  520  distribution of appropriations.—In recognition of the historical
  521  inequity in the funding of substance abuse and mental health
  522  services for the department’s districts and regions and to
  523  rectify this inequity and provide for equitable funding in the
  524  future throughout the state, the following funding process shall
  525  be used:
  526         (3)
  527         (b) Notwithstanding paragraph (a) and for the 2010-2011
  528  2009-2010 fiscal year only, funds appropriated for forensic
  529  mental health treatment services shall be allocated to the areas
  530  of the state having the greatest demand for services and
  531  treatment capacity. This paragraph expires July 1, 2011 2010.
  532         Section 18. (1)In order to implement proviso following
  533  Specific Appropriation 486 of the 2010-2011 General
  534  Appropriations Act, and for the 2010-2011 fiscal year only,
  535  notwithstanding any law to the contrary, a state agency may not
  536  adopt or implement a rule or policy that:
  537         (a)Mandates or establishes new nitrogen-reduction limits
  538  that apply to existing or new onsite sewage treatment systems;
  539         (b)Has the effect of requiring the use of performance
  540  based treatment systems; or
  541         (c)Increases the cost of treatment for nitrogen reduction
  542  from onsite systems, before completion and reporting of phase II
  543  of the study required in proviso following Specific
  544  Appropriation 486 is completed.
  545         (2)This section expires July 1, 2011.
  546         Section 19. In order to implement Specific Appropriations
  547  2379 through 2401 of the 2010-2011 General Appropriations Act,
  548  subsection (14) of section 253.034, Florida Statutes, is amended
  549  to read:
  550         253.034 State-owned lands; uses.—
  551         (14) Notwithstanding the provisions of this section, funds
  552  derived from the sale of property by the Department of Citrus
  553  located in Lakeland, Florida, are authorized to be deposited
  554  into the Citrus Advertising Trust Fund. This subsection expires
  555  July 1, 2011 2010.
  556         Section 20. In order to implement Specific Appropriation
  557  1708Q of the 2010-2011 General Appropriations Act, paragraph (b)
  558  of subsection (1) of section 255.518, Florida Statutes, is
  559  reenacted to read:
  560         255.518 Obligations; purpose, terms, approval,
  561  limitations.—
  562         (1)
  563         (b) Payment of debt service charges on obligations during
  564  the construction of any facility financed by such obligations
  565  shall be made from funds other than proceeds of obligations.
  566         Section 21. The amendment to s. 255.518(1)(b), Florida
  567  Statutes, as carried forward by this act from chapter 2008-153
  568  and chapter 2009-82, Laws of Florida, shall expire July 1, 2011,
  569  and the text of that paragraph shall revert to that in existence
  570  on June 30, 2008, except that any amendments to such text
  571  enacted other than by this act shall be preserved and continue
  572  to operate to the extent that such amendments are not dependent
  573  upon the portions of such text which expire pursuant to this
  574  section.
  575         Section 22. In order to implement Specific Appropriation
  576  1692 of the 2010-2011 General Appropriations Act, subsection
  577  (12) of section 373.59, Florida Statutes, is amended to read:
  578         373.59 Water Management Lands Trust Fund.—
  579         (12) Notwithstanding the provisions of subsection (8) and
  580  for the 2010-2011 2009-2010 fiscal year only, the moneys from
  581  the Water Management Lands Trust Fund shall be allocated as
  582  follows:
  583         (a) An amount necessary to pay debt service on bonds issued
  584  before February 1, 2009, by the South Florida Water Management
  585  District and the St. Johns River Water Management District,
  586  which are secured by revenues provided pursuant to this section,
  587  or to fund debt service reserve funds, rebate obligations, or
  588  other amounts payable with respect to such bonds;
  589         (b) Eight million dollars to be transferred to the General
  590  Revenue Fund; and
  591         (c) The remaining funds to be distributed equally between
  592  the Suwannee River Water Management District and the Northwest
  593  Florida Water Management District.
  594  
  595  This subsection expires July 1, 2011 2010.
  596         Section 23. In order to implement Specific Appropriations
  597  1763, 1789, and 1790 of the 2010-2011 General Appropriations
  598  Act, paragraph (b) of subsection (3) of section 375.041, Florida
  599  Statutes, is amended to read:
  600         375.041 Land Acquisition Trust Fund.—
  601         (3)
  602         (b) In addition to the uses allowed in paragraph (a), for
  603  the 2010-2011 2008-2009 fiscal year, moneys in the Land
  604  Acquisition Trust Fund are authorized for transfer to support
  605  the Clean Water State Revolving Fund, the Drinking Water State
  606  Revolving Fund, and the Total Maximum Daily Loads programs the
  607  Ecosystem Management and Restoration Trust Fund for grants and
  608  aids to local governments for water projects as provided in the
  609  General Appropriations Act. This paragraph expires July 1, 2011
  610  2009.
  611         Section 24. In order to implement Specific Appropriations
  612  1765, 1766, 1767, 1769, and 1769A, paragraph (g) of subsection
  613  (1) of section 403.1651, Florida Statutes, is reenacted to read:
  614         403.1651 Ecosystem Management and Restoration Trust Fund.—
  615         (1) There is created the Ecosystem Management and
  616  Restoration Trust Fund to be administered by the Department of
  617  Environmental Protection for the purposes of:
  618         (g) Funding activities to preserve and repair the state’s
  619  beaches as provided in ss. 161.091-161.212.
  620         Section 25. The amendment to s. 403.1651(1)(g), Florida
  621  Statutes, as carried forward by this act from chapter 2009-82,
  622  Laws of Florida, shall expire July 1, 2011, and the text of that
  623  subsection shall revert to that in existence on June 30, 2009,
  624  except that any amendments to such text enacted other than by
  625  this act shall be preserved and continue to operate to the
  626  extent that such amendments are not dependent upon the portions
  627  of such text which expire pursuant to this section.
  628         Section 26. In order to implement Specific Appropriations
  629  1396A, 1456, 1491A, and 1493A of the 2010-2011 General
  630  Appropriations Act, subsection (3) is added to section 403.1651,
  631  Florida Statutes, to read:
  632         403.1651 Ecosystem Management and Restoration Trust Fund.—
  633         (3) For the 2010-2011 fiscal year only, moneys in the
  634  Ecosystems Management and Restoration Trust Fund are authorized
  635  for transfer to the General Inspection Trust Fund in the
  636  Department of Agriculture and Consumer Services for the Farm
  637  Share, Food Banks, and Mosquito Control programs, and the
  638  Technological Research and Development Authority. This
  639  subsection expires July 1, 2011.
  640         Section 27. In order to implement Specific Appropriations
  641  1378 through 1538 of the 2010-2011 General Appropriations Act,
  642  subsection (2) of section 570.20, Florida Statutes, is amended
  643  to read:
  644         570.20 General Inspection Trust Fund.—
  645         (2) For the 2010-2011 2009-2010 fiscal year only and
  646  notwithstanding any other provision of law to the contrary, in
  647  addition to the spending authorized in subsection (1), moneys in
  648  the General Inspection Trust Fund may be appropriated for
  649  programs operated by the department which are related to the
  650  programs authorized by this chapter. This subsection expires
  651  July 1, 2011 2010.
  652         Section 28. In order to implement Specific Appropriation
  653  1833 of the 2010-2011 General Appropriations Act, subsection (7)
  654  of section 403.7095, Florida Statutes, is amended to read:
  655         403.7095 Solid waste management grant program.—
  656         (7) Notwithstanding any provision of this section to the
  657  contrary, and for the 2010-2011 2009-2010 fiscal year only, the
  658  Department of Environmental Protection shall award the sum of
  659  $1,775,207 $2,600,000 in grants equally to counties having
  660  populations of fewer than 100,000 for waste tire and litter
  661  prevention, recycling education, and general solid waste
  662  programs. This subsection expires July 1, 2011 2010.
  663         Section 29. In order to implement Specific Appropriation
  664  1490 of the 2010-2011 General Appropriations Act and to provide
  665  consistency and continuity in the promotion of agriculture
  666  throughout the state, notwithstanding s. 287.057, Florida
  667  Statutes, the Department of Agriculture and Consumer Services,
  668  at its discretion, may extend, revise, and renew current
  669  contracts or agreements created or entered into pursuant to
  670  chapter 2006-25, Laws of Florida. This section expires July 1,
  671  2011.
  672         Section 30. In order to implement Specific Appropriations
  673  2646H through 2646O provided in the 2010-2011 General
  674  Appropriations Act, the Executive Office of the Governor shall
  675  sell the King Air 350 airplane. The receipts from the sale shall
  676  be deposited into the Bureau of Aircraft Trust Fund and expended
  677  in accordance with s. 287.161, Florida Statutes. Receipts from
  678  the sale are exempt from the service charge imposed pursuant to
  679  s. 215.20, Florida Statutes.
  680         Section 31. Notwithstanding any provision in chapter 287,
  681  Florida Statutes, to the contrary, the Department of Financial
  682  Services shall issue, by January 1, 2011, a solicitation for
  683  office supplies, and subsequently award a multiple-supplier
  684  contract with at least three awarded vendors.
  685         Section 32. In order to implement Specific Appropriation
  686  2125 in the 2010-2011 General Appropriations Act, subsection (5)
  687  of section 339.135, Florida Statutes, is amended to read:
  688         339.135 Work program; legislative budget request;
  689  definitions; preparation, adoption, execution, and amendment.—
  690         (5) ADOPTION OF THE WORK PROGRAM.—
  691         (a) The original approved budget for operational and fixed
  692  capital expenditures for the department shall be the Governor’s
  693  budget recommendation and the first year of the tentative work
  694  program, as both are amended by the General Appropriations Act
  695  and any other act containing appropriations. In accordance with
  696  the appropriations act, the department shall, prior to the
  697  beginning of the fiscal year, adopt a final work program which
  698  shall only include the original approved budget for the
  699  department for the ensuing fiscal year together with any roll
  700  forwards approved pursuant to paragraph (6)(c) and the portion
  701  of the tentative work program for the following 4 fiscal years
  702  revised in accordance with the original approved budget for the
  703  department for the ensuing fiscal year together with said roll
  704  forwards. The adopted work program may include only those
  705  projects submitted as part of the tentative work program
  706  developed under the provisions of subsection (4) plus any
  707  projects which are separately identified by specific
  708  appropriation in the General Appropriations Act and any roll
  709  forwards approved pursuant to paragraph (6)(c). However, any
  710  transportation project of the department which is identified by
  711  specific appropriation in the General Appropriations Act shall
  712  be deducted from the funds annually distributed to the
  713  respective district pursuant to paragraph (4)(a). In addition,
  714  the department shall not in any year include any project or
  715  allocate funds to a program in the adopted work program that is
  716  contrary to existing law for that particular year. Projects
  717  shall not be undertaken unless they are listed in the adopted
  718  work program.
  719         (b) Notwithstanding paragraph (a), and for the 2010-2011
  720  2009-2010 fiscal year only, the Department of Transportation
  721  shall transfer funds to the Office of Tourism, Trade, and
  722  Economic Development in an amount equal to $20,300,000 for the
  723  purpose of funding transportation-related needs of economic
  724  development projects, space and aerospace infrastructure, and
  725  urban redevelopment infrastructure projects. This transfer does
  726  shall not reduce, delete, or defer any existing projects funded,
  727  as of July 1, 2010 2009, in the Department of Transportation’s
  728  5-year work program. This paragraph expires July 1, 2011 2010.
  729         Section 33. In order to implement section 34 of the 2010
  730  2011 General Appropriations Act, paragraph (n) of subsection (1)
  731  of section 339.08, Florida Statutes, is amended to read:
  732         339.08 Use of moneys in State Transportation Trust Fund.—
  733         (1) The department shall expend moneys in the State
  734  Transportation Trust Fund accruing to the department, in
  735  accordance with its annual budget. The use of such moneys shall
  736  be restricted to the following purposes:
  737         (n) To pay administrative expenses incurred in accordance
  738  with applicable laws for a multicounty transportation or
  739  expressway authority created under chapter 343 or chapter 348,
  740  where jurisdiction for the authority includes a portion of the
  741  State Highway System and the administrative expenses are in
  742  furtherance of the duties and responsibilities of the authority
  743  in the development of improvements to the State Highway System.
  744  This paragraph expires July 1, 2011 2010.
  745         Section 34. In order to implement Specific Appropriation
  746  2112 of the 2010-2011 General Appropriations Act, paragraph (p)
  747  of subsection (1) of section 339.08, Florida Statutes, is
  748  amended to read:
  749         339.08 Use of moneys in State Transportation Trust Fund.—
  750         (1) The department shall expend moneys in the State
  751  Transportation Trust Fund accruing to the department, in
  752  accordance with its annual budget. The use of such moneys shall
  753  be restricted to the following purposes:
  754         (p) To pay for county and school district transportation
  755  infrastructure improvements. This paragraph expires July 1, 2011
  756  2010.
  757         Section 35. In order to implement Specific Appropriation
  758  2214 of the 2010-2011 General Appropriations Act, subsection
  759  (11) of section 445.009, Florida Statutes, is amended to read:
  760         445.009 One-stop delivery system.—
  761         (11)(a) A participant in an adult or youth work experience
  762  activity administered under this chapter shall be deemed an
  763  employee of the state for purposes of workers’ compensation
  764  coverage. In determining the average weekly wage, all
  765  remuneration received from the employer shall be considered a
  766  gratuity, and the participant shall not be entitled to any
  767  benefits otherwise payable under s. 440.15, regardless of
  768  whether the participant may be receiving wages and remuneration
  769  from other employment with another employer and regardless of
  770  his or her future wage-earning capacity.
  771         (b) This subsection expires July 1, 2011 2010.
  772         Section 36. In order to implement Specific Appropriations
  773  1557 through 1560 of the 2010-2011 General Appropriations Act,
  774  paragraph (d) of subsection (3) of section 163.3247, Florida
  775  Statutes, is amended to read:
  776         163.3247 Century Commission for a Sustainable Florida.—
  777         (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; CREATION;
  778  ORGANIZATION.—The Century Commission for a Sustainable Florida
  779  is created as a standing body to help the citizens of this state
  780  envision and plan their collective future with an eye towards
  781  both 25-year and 50-year horizons.
  782         (d) Members of the commission shall serve without
  783  compensation but shall be entitled to receive per diem and
  784  travel expenses in accordance with s. 112.061 while in
  785  performance of their duties.
  786         Section 37. The amendment to s. 163.3247(3)(d), Florida
  787  Statutes, made by this act shall expire July 1, 2011, and the
  788  text of that paragraph shall revert to that in existence on June
  789  30, 2010, except that any amendments to such text enacted other
  790  than by this act shall be preserved and continue to operate to
  791  the extent that such amendments are not dependent upon the
  792  portions of such text which expire pursuant to this section.
  793         Section 38. In order to implement Specific Appropriations
  794  1557 through 1560 of the 2010-2011 General Appropriations Act,
  795  paragraph (c) of subsection (1) of section 201.15, Florida
  796  Statutes, as amended by section 2 of chapter 2009-271, Laws of
  797  Florida, is amended to read:
  798         201.15 Distribution of taxes collected.—All taxes collected
  799  under this chapter are subject to the service charge imposed in
  800  s. 215.20(1). Prior to distribution under this section, the
  801  Department of Revenue shall deduct amounts necessary to pay the
  802  costs of the collection and enforcement of the tax levied by
  803  this chapter. Such costs and the service charge may not be
  804  levied against any portion of taxes pledged to debt service on
  805  bonds to the extent that the costs and service charge are
  806  required to pay any amounts relating to the bonds. After
  807  distributions are made pursuant to subsection (1), all of the
  808  costs of the collection and enforcement of the tax levied by
  809  this chapter and the service charge shall be available and
  810  transferred to the extent necessary to pay debt service and any
  811  other amounts payable with respect to bonds authorized before
  812  January 1, 2010, secured by revenues distributed pursuant to
  813  subsection (1). All taxes remaining after deduction of costs and
  814  the service charge shall be distributed as follows:
  815         (1) Sixty-three and thirty-one hundredths percent of the
  816  remaining taxes shall be used for the following purposes:
  817         (c) After the required payments under paragraphs (a) and
  818  (b), the remainder shall be paid into the State Treasury to the
  819  credit of:
  820         1. The State Transportation Trust Fund in the Department of
  821  Transportation in the amount of the lesser of 38.2 percent of
  822  the remainder or $541.75 million in each fiscal year, to be used
  823  for the following specified purposes, notwithstanding any other
  824  law to the contrary:
  825         a. For the purposes of capital funding for the New Starts
  826  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
  827  specified in s. 341.051, 10 percent of these funds;
  828         b. For the purposes of the Small County Outreach Program
  829  specified in s. 339.2818, 5 percent of these funds. Effective
  830  July 1, 2014, the percentage allocated under this sub
  831  subparagraph shall be increased to 10 percent;
  832         c. For the purposes of the Strategic Intermodal System
  833  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
  834  of these funds after allocating for the New Starts Transit
  835  Program described in sub-subparagraph a. and the Small County
  836  Outreach Program described in sub-subparagraph b.; and
  837         d. For the purposes of the Transportation Regional
  838  Incentive Program specified in s. 339.2819, 25 percent of these
  839  funds after allocating for the New Starts Transit Program
  840  described in sub-subparagraph a. and the Small County Outreach
  841  Program described in sub-subparagraph b. Effective July 1, 2014,
  842  the first $60 million of the funds allocated pursuant to this
  843  sub-subparagraph shall be allocated annually to the Florida Rail
  844  Enterprise for the purposes established in s. 341.303(5).
  845         2. The Grants and Donations Trust Fund in the Department of
  846  Community Affairs in the amount of the lesser of .23 percent of
  847  the remainder or $3.25 million in each fiscal year, with 92
  848  percent to be used to fund technical assistance to local
  849  governments and school boards on the requirements and
  850  implementation of this act and the remaining amount to be used
  851  to fund the Century Commission established in s. 163.3247.
  852         3. The Ecosystem Management and Restoration Trust Fund in
  853  the amount of the lesser of 2.12 percent of the remainder or $30
  854  million in each fiscal year, to be used for the preservation and
  855  repair of the state’s beaches as provided in ss. 161.091
  856  161.212.
  857         4. General Inspection Trust Fund in the amount of the
  858  lesser of .02 percent of the remainder or $300,000 in each
  859  fiscal year to be used to fund oyster management and restoration
  860  programs as provided in s. 379.362(3).
  861  
  862  Moneys distributed pursuant to this paragraph may not be pledged
  863  for debt service unless such pledge is approved by referendum of
  864  the voters.
  865         Section 39. The amendment to s. 201.15(1)(c)2., Florida
  866  Statutes, made by this act shall expire July 1, 2011, and the
  867  text of that subparagraph shall revert to that in existence on
  868  June 30, 2010, except that any amendments to such text enacted
  869  other than by this act shall be preserved and continue to
  870  operate to the extent that such amendments are not dependent
  871  upon the portions of such text which expire pursuant to this
  872  section.
  873         Section 40. In order to implement Specific Appropriations
  874  1567, 1569, 1571, 1575, 1594, 1596, 1598, and 1617 of the 2010
  875  2011 General Appropriations Act, subsection (8) of section
  876  215.559, Florida Statutes, is amended to read:
  877         215.559 Hurricane Loss Mitigation Program.—
  878         (8)(a) Notwithstanding any other provision of this section
  879  and for the 2010-2011 2008-2009 fiscal year only, the $10
  880  million appropriation provided for in subsection (1) shall be
  881  allocated as follows:
  882         1. The sum of $2.7 $2.8 million shall be used to inspect
  883  and improve tie-downs for mobile homes for the same purpose as
  884  specified in paragraph (3)(a).
  885         2. The sum of $3 million shall be used for operating costs
  886  of the State Logistics Response Center and the original purposes
  887  identified in paragraph (2)(b), as appropriated $700,000 shall
  888  be allocated to the Florida International University for the
  889  same purpose as specified in subsection (4).
  890         3. The sum of $4,192,389 $6,421,764 shall be competitively
  891  bid for the purposes provided in paragraph (2)(a) used to
  892  install emergency power generators in special-needs hurricane
  893  evacuation shelters as provided in s. 1, ch. 2006-71, Laws of
  894  Florida, except that such funds may not be used for
  895  administrative purposes.
  896         4. The sum of $107,611 $78,236 shall be allocated for
  897  operational purposes of the department as specified in the 2010
  898  2011 2008-2009 General Appropriations Act.
  899         (b) This subsection expires July 1, 2011 2009.
  900         Section 41. In order to implement Specific Appropriation
  901  2072 of the 2010-2011 General Appropriations Act, subsection (8)
  902  of section 332.007, Florida Statutes, is reenacted to read:
  903         332.007 Administration and financing of aviation and
  904  airport programs and projects; state plan.—
  905         (8) Notwithstanding any other provision of law to the
  906  contrary, the department is authorized to fund security
  907  projects, including operational and maintenance assistance, at
  908  publicly owned public-use airports. For projects in the current
  909  adopted work program, or projects added using the available
  910  budget of the department, airports may request the department
  911  change the project purpose in accordance with this provision
  912  notwithstanding the provisions of s. 339.135(7). For purposes of
  913  this subsection, the department may fund up to 100 percent of
  914  eligible project costs that are not funded by the Federal
  915  Government. This subsection shall expire on June 30, 2012.
  916         Section 42. The amendment to s. 332.007(8), Florida
  917  Statutes, as carried forward by this act from chapter 2009-82,
  918  Laws of Florida, shall expire July 1, 2011, and the text of that
  919  subsection shall revert to that in existence on June 30, 2009,
  920  except that any amendments to such text enacted other than by
  921  this act shall be preserved and continue to operate to the
  922  extent that such amendments are not dependent upon the portions
  923  of such text which expire pursuant to this section.
  924         Section 43. In order to implement Specific Appropriation 18
  925  of the 2010-2011 General Appropriations Act, paragraph (c) is
  926  added to subsection (3) of section 216.292, Florida Statutes, to
  927  read:
  928         216.292 Appropriations nontransferable; exceptions.—
  929         (3) The following transfers are authorized with the
  930  approval of the Executive Office of the Governor for the
  931  executive branch or the Chief Justice for the judicial branch,
  932  subject to the notice and objection provisions of s. 216.177:
  933         (c) The transfer of appropriations for fixed capital outlay
  934  from the Survey Recommended Needs - Public Schools appropriation
  935  category to the Maintenance, Repair, Renovation, and Remodeling
  936  appropriation category. The allocation of transferred funds
  937  shall be in accordance with s. 1013.64(1). This paragraph
  938  expires July 1, 2011.
  939         Section 44. In order to implement the appropriations
  940  authorized in the 2010-2011 General Appropriations Act for each
  941  of the state’s designated primary data centers, which are funded
  942  from the data processing appropriation category and other
  943  categories used to pay for computing services of user agencies,
  944  and pursuant to the notice, review, and objection procedures of
  945  s. 216.177, Florida Statutes, the Executive Office of the
  946  Governor is authorized to transfer funds appropriated in any
  947  appropriation category used to pay for data processing in the
  948  2010-2011 General Appropriations Act between agencies in order
  949  to align the budget authority granted with the utilization rate
  950  of each department.
  951         Section 45. In order to implement the appropriations
  952  authorized in the 2010-2011 General Appropriations Act which
  953  were submitted pursuant to the provisions of s. 17 of chapter
  954  2008-116, Laws of Florida, and notwithstanding s. 216.181(1)(c),
  955  Florida Statutes, an agency may transfer funds from the data
  956  processing appropriation categories to another appropriation
  957  category for the purpose of supporting and managing its computer
  958  resources until such time as the agency’s data processing
  959  function is transferred to the Southwood Shared Resource Center,
  960  the Northwood Shared Resource Center, or the Northwest Regional
  961  Data Center.
  962         Section 46. In order to implement Specific Appropriation
  963  2179B, the Executive Office of the Governor is authorized to
  964  transfer funds appropriated in the appropriation category
  965  “Expenses” of the 2010-2011 General Appropriations Act between
  966  agencies in order to allocate a reduction relating to SUNCOM
  967  Services. This section expires July 1, 2011.
  968         Section 47. (1) In order to implement Specific
  969  Appropriations 1119 through 1126, 1167 through 1185, 1194, and
  970  1199, the Department of Juvenile Justice must comply with the
  971  following reimbursement limitations:
  972         (a)No payment to a hospital or a health care provider may
  973  exceed 110 percent of the Medicare allowable rate for any health
  974  care services provided if no contract exists between the
  975  department and either the hospital or the health care provider
  976  providing services at a hospital;
  977         (b) The department may continue to make payments for health
  978  care services at the currently contracted rates through the
  979  current term of the contract if a contract has been executed
  980  between the department and a hospital or a health care provider
  981  providing services to a hospital; however, no payments may
  982  exceed 110 percent of Medicare allowable rate after the current
  983  term of the contract expires or after the contract is renewed
  984  during the 2010-2011 fiscal year;
  985         (c)Payments may not exceed 110 percent of the Medicare
  986  allowable rates under a contract executed on or after July 1,
  987  2010, between the department and a hospital or health care
  988  provider providing services at a hospital;
  989         (d)Notwithstanding the limitations of paragraphs (a), (b),
  990  and (c), the department may pay up to 125 percent of the
  991  Medicare allowable rate for health care services at a hospital
  992  that reports or has reported a negative operating margin for the
  993  prior fiscal year to the Agency for Health Care Administration
  994  through hospital-audited financial data; and
  995         (e) The department may not execute a contract for health
  996  care services at hospitals for rates other than rates based on a
  997  percentage of the Medicare allowable rate.
  998         (2)For purposes of this section, “hospital” means any
  999  hospital licensed under chapter 395, Florida Statutes.
 1000         (3)This section expires July 1, 2011.
 1001         Section 48. Any section of this act which implements a
 1002  specific appropriation or specifically identified proviso
 1003  language in the 2010-2011 General Appropriations Act is void if
 1004  the specific appropriation or specifically identified proviso
 1005  language is vetoed. Any section of this act which implements
 1006  more than one specific appropriation or more than one portion of
 1007  specifically identified proviso language in the 2010-2011
 1008  General Appropriations Act is void if all the specific
 1009  appropriations or portions of specifically identified proviso
 1010  language are vetoed.
 1011         Section 49. If any other act passed in 2010 contains a
 1012  provision that is substantively the same as a provision in this
 1013  act, but that removes or is otherwise not subject to the future
 1014  repeal applied to such provision by this act, the Legislature
 1015  intends that the provision in the other act shall take
 1016  precedence and continue to operate, notwithstanding the future
 1017  repeal provided by this act.
 1018         Section 50. If any provision of this act or its application
 1019  to any person or circumstance is held invalid, the invalidity
 1020  does not affect other provisions or applications of the act
 1021  which can be given effect without the invalid provision or
 1022  application, and to this end the provisions of this act are
 1023  severable.
 1024         Section 51. This act shall take effect July 1, 2010; or, if
 1025  this act fails to become a law until after that date, it shall
 1026  take effect upon becoming a law and shall operate retroactively
 1027  to July 1, 2010.
 1028  

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