May 31, 2020
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HB 5003

1
A bill to be entitled
2An act relating to implementing the 2010-2011 General
3Appropriations Act; providing legislative intent;
4incorporating by reference certain calculations of the
5Florida Education Finance Program for the 2010-2011 fiscal
6year; amending s. 216.292, F.S.; authorizing the transfer
7of funds, upon certain approval, for fixed capital outlay
8from the Survey Recommended Needs-Public Schools
9appropriation category to the Maintenance, Repair,
10Renovation and Remodeling appropriation category;
11authorizing the Department of Corrections and the
12Department of Juvenile Justice to make certain
13expenditures to defray costs incurred by a municipality or
14county as a result of opening or operating a facility
15under authority of the respective department; amending s.
16216.262, F.S.; providing for additional positions to
17operate additional prison bed capacity under certain
18circumstances; authorizing the Department of Legal Affairs
19to transfer certain funds to pay salaries and benefits;
20amending s. 932.7055, F.S.; delaying the expiration of
21provisions authorizing a municipality to expend funds from
22its special law enforcement trust fund to reimburse the
23municipality's general fund; amending s. 394.908, F.S.;
24providing allocation requirements for specified funds
25appropriated for forensic mental health services;
26requiring that funds appropriated through the Community-
27Based Medicaid Administrative Claiming Program be
28allocated proportionately to contributed provider
29earnings; amending s. 215.5602, F.S.; suspending for the
302010-2011 fiscal year the reservation of a portion of
31certain funds in the Health Care Trust Fund for certain
32research purposes; extending the expiration date of the
33James and Esther King Biomedical Research Program;
34amending s. 381.992, F.S.; deleting an obsolete
35authorization of funding for the William G. "Bill"
36Bankhead, Jr., and David Coley Cancer Research Program;
37extending the expiration date of the program; prohibiting
38any state agency from adopting or implementing a rule or
39policy mandating or establishing new nitrogen-reduction
40limits under certain circumstances; requiring the Florida
41Catastrophic Storm Risk Management Center at Florida State
42University to conduct an analysis; amending s. 218.12,
43F.S.; requiring that the value of assessments reduced
44pursuant to s. 4(d)(8)a. of Art. VII of the State
45Constitution include only the reduction in taxable value
46for homesteads established in the preceding year;
47reenacting s. 255.518(1)(b), F.S., relating to payment of
48obligations during the construction of any facility
49financed by such obligations; amending s. 255.503, F.S.;
50delaying the expiration of provisions relating to the
51Florida Facilities Pool; amending s. 253.034, F.S.;
52authorizing the deposit of funds derived from the sale of
53property by the Department of Citrus into the Citrus
54Advertising Trust Fund; amending s. 375.041, F.S.;
55authorizing transfer of moneys in the Land Acquisition
56Trust Fund to the Water Quality Assurance Trust Fund for
57the Total Maximum Daily Loads Program, the Drinking Water
58Facility Construction-State Revolving Loan Fund, and the
59Wastewater Facility Treatment Construction-State Revolving
60Loan Fund as provided in the General Appropriations Act;
61amending s. 373.59, F.S.; providing for the allocation of
62moneys from the Water Management Lands Trust Fund for
63certain purposes; amending s. 376.3071, F.S.; delaying the
64repeal of provisions relating to funding from the Inland
65Protection Trust Fund for site restoration; amending s.
66570.20, F.S.; delaying the expiration of provisions
67authorizing moneys in the General Inspection Trust Fund to
68be appropriated for certain programs operated by the
69Department of Agriculture and Consumer Services; amending
70s. 403.7095, F.S.; requiring that the Department of
71Environmental Protection award a specified amount in
72grants equally to certain counties for waste tire and
73litter prevention, recycling education, and general solid
74waste programs; authorizing the Department of Agriculture
75and Consumer Services to extend, revise, and renew current
76contracts or agreements created or entered into for the
77purpose of promotion of agriculture; amending s. 339.135,
78F.S.; providing for use of transportation revenues;
79requiring that the Department of Transportation transfer
80funds to the Office of Tourism, Trade, and Economic
81Development for the purpose of funding transportation-
82related needs of economic development projects; reviving,
83reenacting, and amending s. 443.1117, F.S.; providing for
84retroactive application; establishing temporary state
85extended benefits for weeks of unemployment; revising
86definitions; providing for state extended benefits for
87certain weeks and for periods of high unemployment;
88providing applicability; providing a declaration of
89important state interest; providing that funds
90appropriated from the Economic Development Transportation
91Trust Fund may be used to attract new space business to
92the state and for other specified needs for the
93development of aviation and aerospace operations; amending
94s. 216.292, F.S.; permitting the Legislative Budget
95Commission to review and approve recommendations by the
96Governor for fixed capital outlay projects funded by
97grants awarded from the American Recovery and Reinvestment
98Act of 2009 or by any other federal economic stimulus
99grant funding received; authorizing the Executive Office
100of the Governor to transfer funds appropriated for the
101American Recovery and Reinvestment Act of 2009 in
102traditional appropriation categories in the General
103Appropriations Act to appropriation categories established
104for the specific purpose of tracking funds appropriated
105for the act; reenacting s. 288.1254(4)(c) and (d), F.S.,
106relating to the entertainment industry financial incentive
107program, to continue the amount of incentive funding to be
108appropriated in any fiscal year for the independent
109Florida filmmaker queue and the digital media projects
110queue; amending s. 339.08, F.S.; delaying the expiration
111of provisions relating to the use of moneys in the State
112Transportation Trust Fund for certain administrative
113expenses; authorizing the transfer of funds from the State
114Transportation Trust Fund to the General Revenue Fund
115under certain circumstances; amending s. 445.009, F.S.;
116providing that a participant in an adult or youth work
117experience activity under ch. 445, F.S., is an employee of
118the state for purposes of workers' compensation coverage;
119authorizing the Executive Office of the Governor to
120transfer funds between departments for purposes of
121aligning amounts paid for risk management premiums and for
122purposes of aligning amounts paid for human resource
123management services; authorizing the Executive Office of
124the Governor to transfer funds between departments for
125purposes of aligning the budget authority granted to each
126agency with the reductions in employee compensation;
127authorizing the heads of agencies to terminate staff and
128make personnel and salary adjustments and reductions to
129maximize efficiency of agency operations; amending s.
130110.123, F.S.; providing for the state's monthly
131contribution for employees under the state group insurance
132program; amending s. 112.24, F.S.; providing conditions on
133the assignment of an employee of a state agency without
134reimbursement from the receiving agency; reenacting s.
135215.32(2)(b), F.S., relating to the source and use of
136certain trust funds in order to implement the transfer of
137moneys in the General Revenue Fund from trust funds in the
1382010-2011 General Appropriations Act; providing for the
139authorization and issuance of new debt; limiting the use
140of travel funds to activities that are critical to an
141agency's mission; providing exceptions; providing for
142future expiration of various provisions; providing for
143reversion of statutory text of certain provisions;
144providing for the effect of a veto of one or more specific
145appropriations or proviso to which implementing language
146refers; providing for the continued operation of certain
147provisions notwithstanding a future repeal or expiration
148provided by the act; providing for severability; providing
149effective dates.
150
151Be It Enacted by the Legislature of the State of Florida:
152
153     Section 1.  It is the intent of the Legislature that the
154implementing and administering provisions of this act apply to
155the General Appropriations Act for the 2010-2011 fiscal year.
156     Section 2.  In order to implement Specific Appropriations
1576, 7, 8, 78, and 79 of the 2010-2011 General Appropriations Act,
158the calculations of the Florida Education Finance Program for
159the 2010-2011 fiscal year in the document entitled "Public
160School Funding-The Florida Education Finance Program," dated
161April X, 2010, and filed with the Clerk of the House of
162Representatives, are incorporated by reference for the purpose
163of displaying the calculations used by the Legislature,
164consistent with the requirements of the Florida Statutes, in
165making appropriations for the Florida Education Finance Program.
166     Section 3.  In order to implement Specific Appropriations
16717 and 18 of the 2010-2011 General Appropriations Act, paragraph
168(c) is added to subsection (3) of section 216.292, Florida
169Statutes, to read:
170     216.292  Appropriations nontransferable; exceptions.-
171     (3)  The following transfers are authorized with the
172approval of the Executive Office of the Governor for the
173executive branch or the Chief Justice for the judicial branch,
174subject to the notice and objection provisions of s. 216.177:
175     (c)  The transfer of appropriations for fixed capital
176outlay from the Survey Recommended Needs-Public Schools
177appropriation category to the Maintenance, Repair, Renovation
178and Remodeling appropriation category. The allocation of
179transferred funds shall be in accordance with s. 1013.64(1).
180This paragraph expires July 1, 2011.
181     Section 4.  In order to fulfill legislative intent
182regarding the use of funds contained in Specific Appropriations
183639, 651, 663, and 1188 of the 2010-2011 General Appropriations
184Act, the Department of Corrections and the Department of
185Juvenile Justice may expend appropriated funds to assist in
186defraying the costs of impacts that are incurred by a
187municipality or county and that are associated with opening or
188operating a facility under the authority of the department. The
189amount paid for any facility may not exceed 1 percent of the
190cost to construct the facility, less building impact fees
191imposed by the municipality or county. This section expires July
1921, 2011.
193     Section 5.  In order to implement Specific Appropriations
194629 through 727 and 747 through 781 of the 2010-2011 General
195Appropriations Act, subsection (4) of section 216.262, Florida
196Statutes, is amended to read:
197     216.262  Authorized positions.-
198     (4)  Notwithstanding the provisions of this chapter on
199increasing the number of authorized positions, and for the 2010-
2002011 2009-2010 fiscal year only, if the actual inmate population
201of the Department of Corrections exceeds the inmate population
202projections of the February 19, 2010 April 30, 2009, Criminal
203Justice Estimating Conference by 1 percent for 2 consecutive
204months or 2 percent for any month, the Executive Office of the
205Governor, with the approval of the Legislative Budget
206Commission, shall immediately notify the Criminal Justice
207Estimating Conference, which shall convene as soon as possible
208to revise the estimates. The Department of Corrections may then
209submit a budget amendment requesting the establishment of
210positions in excess of the number authorized by the Legislature
211and additional appropriations from unallocated general revenue
212sufficient to provide for essential staff, fixed capital
213improvements, and other resources to provide classification,
214security, food services, health services, and other variable
215expenses within the institutions to accommodate the estimated
216increase in the inmate population. All actions taken pursuant to
217the authority granted in this subsection shall be subject to
218review and approval by the Legislative Budget Commission. This
219subsection expires July 1, 2011 2010.
220     Section 6.  In order to implement Specific Appropriations
2211306, 1322, 1329, 1349, and 1359 of the 2010-2011 General
222Appropriations Act, the Department of Legal Affairs is
223authorized to transfer cash remaining after required
224disbursements for Attorney General case numbers 16-2008-CA-01-
2253142CV-C and CACE08022328 from FLAIR account 41-71-2-601001-
22641100100-00-181076-00 to the Operating Trust Fund to pay
227salaries and benefits. This section expires July 1, 2011.
228     Section 7.  In order to implement Specific Appropriations
2291245 and 1251 of the 2010-2011 General Appropriations Act,
230paragraph (d) of subsection (4) of section 932.7055, Florida
231Statutes, is amended to read:
232     932.7055  Disposition of liens and forfeited property.-
233     (4)  The proceeds from the sale of forfeited property shall
234be disbursed in the following priority:
235     (d)  Notwithstanding any other provision of this
236subsection, and for the 2010-2011 2009-2010 fiscal year only,
237the funds in a special law enforcement trust fund established by
238the governing body of a municipality may be expended to
239reimburse the general fund of the municipality for moneys
240advanced from the general fund to the special law enforcement
241trust fund prior to October 1, 2001. This paragraph expires July
2421, 2011 2010.
243     Section 8.  In order to implement Specific Appropriations
244324 through 355 of the 2010-2011 General Appropriations Act,
245paragraphs (b) and (c) of subsection (3) of section 394.908,
246Florida Statutes, are amended to read:
247     394.908  Substance abuse and mental health funding equity;
248distribution of appropriations.-In recognition of the historical
249inequity in the funding of substance abuse and mental health
250services for the department's districts and regions and to
251rectify this inequity and provide for equitable funding in the
252future throughout the state, the following funding process shall
253be used:
254     (3)
255     (b)  Notwithstanding paragraph (a) and for the 2010-2011
2562009-2010 fiscal year only, funds appropriated for forensic
257mental health treatment services shall be allocated to the areas
258of the state having the greatest demand for services and
259treatment capacity. This paragraph expires July 1, 2011 2010.
260     (c)  Notwithstanding paragraph (a) and for the 2010-2011
2612009-2010 fiscal year only, additional funds appropriated for
262substance abuse and mental health services from funds available
263through the Community-Based Medicaid Administrative Claiming
264Program shall be allocated as provided in the 2010-2011 2009-
2652010 General Appropriations Act and in proportion to contributed
266provider earnings. This paragraph expires July 1, 2011 2010.
267     Section 9.  In order to implement Specific Appropriation
268518 of the 2010-2011 General Appropriations Act, subsections
269(12) through (15) of section 215.5602, Florida Statutes, are
270amended to read:
271     215.5602  James and Esther King Biomedical Research
272Program.-
273     (12)(a)  From funds appropriated to accomplish the goals of
274this section, up to $250,000 shall be available for the
275operating costs of the Florida Center for Universal Research to
276Eradicate Disease.
277     (b)(a)  Beginning in the 2009-2010 fiscal year and
278thereafter, 5 percent of the revenue deposited into the Health
279Care Trust Fund pursuant to ss. 210.011(9) and 210.276(7) shall
280be reserved for research of tobacco-related or cancer-related
281illnesses; however, the sum of the revenue reserved pursuant to
282ss. 210.011(9) and 210.276(7) may not exceed $50 million in any
283fiscal year. This paragraph is suspended for the 2010-2011
284fiscal year.
285     (b)  In the 2009-2010 fiscal year, 2.5 percent, not to
286exceed $25 million, of the revenue deposited into the Health
287Care Trust Fund pursuant to this subsection shall be transferred
288to the Biomedical Research Trust Fund within the Department of
289Health for the James and Esther King Biomedical Research
290Program.
291     (13)  By June 1, 2009, the Division of Statutory Revision
292of the Office of Legislative Services shall certify to the
293President of the Senate and the Speaker of the House of
294Representatives the language and statutory citation of this
295section, which is scheduled to expire January 1, 2011.
296     (14)  The Legislature shall review the performance, the
297outcomes, and the financial management of the James and Esther
298King Biomedical Research Program during the 2010 Regular Session
299of the Legislature and shall determine the most appropriate
300funding source and means of funding the program based on its
301review.
302     (13)(15)  This section expires July January 1, 2011, unless
303reviewed and reenacted by the Legislature before that date.
304     Section 10.  In order to implement Specific Appropriations
305508 through 526 of the 2010-2011 General Appropriations Act,
306subsections (5) through (8) of section 381.922, Florida
307Statutes, are amended to read:
308     381.922  William G. "Bill" Bankhead, Jr., and David Coley
309Cancer Research Program.-
310     (5)  Funds appropriated for the William G. "Bill" Bankhead,
311Jr., and David Coley Cancer Research Program shall be
312distributed pursuant to this section to provide grants to
313researchers seeking cures for cancer and cancer-related
314illnesses, with emphasis given to the goals enumerated in s.
315381.921. From the total funds appropriated, an amount of up to
31610 percent may be used for administrative expenses. In the 2009-
3172010 fiscal year, 2.5 percent, not to exceed $25 million, of the
318revenue deposited into the Health Care Trust Fund pursuant to s.
319215.5602(12)(a) shall be transferred to the Biomedical Research
320Trust Fund within the Department of Health for the William G.
321"Bill" Bankhead, Jr., and David Coley Cancer Research Program.
322     (6)  By June 1, 2009, the Division of Statutory Revision of
323the Office of Legislative Services shall certify to the
324President of the Senate and the Speaker of the House of
325Representatives the language and statutory citation of this
326section, which is scheduled to expire January 1, 2011.
327     (7)  The Legislature shall review the performance, the
328outcomes, and the financial management of the William G. "Bill"
329Bankhead, Jr., and David Coley Cancer Research Program during
330the 2010 Regular Session of the Legislature and shall determine
331the most appropriate funding source and means of funding the
332program based on its review.
333     (6)(8)  This section expires July January 1, 2011, unless
334reviewed and reenacted by the Legislature before that date.
335     Section 11.  (1)  In order to implement proviso following
336Specific Appropriation 486 of the 2010-2011 General
337Appropriations Act, and for the 2010-2011 fiscal year only,
338notwithstanding any law to the contrary, a state agency may not
339adopt or implement a rule or policy that:
340     (a)  Mandates or establishes new nitrogen-reduction limits
341that apply to existing or new onsite sewage treatment systems;
342     (b)  Has the effect of requiring the use of performance-
343based treatment systems; or
344     (c)  Increases the cost of treatment for nitrogen reduction
345from onsite systems,
346
347before the study and report required in proviso following
348Specific Appropriation 486 is completed.
349     (2)  This section expires July 1, 2011.
350     Section 12.  In order to implement section 77 of the 2010-
3512011 General Appropriations Act, the Florida Catastrophic Storm
352Risk Management Center at Florida State University shall conduct
353the analysis as originally required in section 164 of chapter
3542004-390, Laws of Florida. Notwithstanding section 164 of
355chapter 2004-390, Laws of Florida, the Florida Catastrophic
356Storm Risk Management Center at Florida State University is
357directed to use the most recent and available premium data for
358personal lines property and casualty insurance in completing the
359analysis.
360     Section 13.  In order to implement Specific Appropriation
3613055O, subsection (3) of section 218.12, Florida Statutes, is
362amended to read:
363     218.12  Appropriations to offset reductions in ad valorem
364tax revenue in fiscally constrained counties.-
365     (3)  In determining the reductions in ad valorem tax
366revenues occurring as a result of the implementation of the
367revisions to Art. VII of the State Constitution approved in the
368special election held on January 29, 2008, the value of
369assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the
370State Constitution shall include only the reduction in taxable
371value for homesteads established January 1, 2010 2009.
372     Section 14.  The amendment to s. 218.12(3), Florida
373Statutes, by this act shall expire July 1, 2011, and the text of
374that subsection shall revert to that in existence on June 30,
3752009, except that any amendments to such text enacted other than
376by this act shall be preserved and continue to operate to the
377extent that such amendments are not dependent upon the portions
378of such text which expire pursuant to this section.
379     Section 15.  In order to implement Specific Appropriation
3802838 of the 2010-2011 General Appropriations Act, paragraph (b)
381of subsection (1) of section 255.518, Florida Statutes, is
382reenacted to read:
383     255.518  Obligations; purpose, terms, approval,
384limitations.-
385     (1)
386     (b)  Payment of debt service charges on obligations during
387the construction of any facility financed by such obligations
388shall be made from funds other than proceeds of obligations.
389     Section 16.  The amendment to s. 255.518(1)(b), Florida
390Statutes, as carried forward by this act from chapters 2008-153
391and 2009-82, Laws of Florida, shall expire July 1, 2011, and the
392text of that paragraph shall revert to that in existence on June
39330, 2008, except that any amendments to such text enacted other
394than by this act shall be preserved and continue to operate to
395the extent that such amendments are not dependent upon the
396portions of such text which expire pursuant to this section.
397     Section 17.  In order to implement Specific Appropriations
3982821 through 2835 of the 2010-2011 General Appropriations Act,
399paragraph (b) of subsection (7) of section 255.503, Florida
400Statutes, is amended to read:
401     255.503  Powers of the Department of Management Services.-
402The Department of Management Services shall have all the
403authority necessary to carry out and effectuate the purposes and
404provisions of this act, including, but not limited to, the
405authority to:
406     (7)
407     (b)  No later than the date upon which the department
408recommends to the Division of State Lands of the Department of
409Environmental Protection the disposition of any facility within
410the Florida Facilities Pool, the department shall provide to the
411President of the Senate, the Speaker of the House of
412Representatives, the Executive Office of the Governor, and the
413Division of Bond Finance of the State Board of Administration an
414analysis that includes:
415     1.  The cost benefit of the proposed facility disposition,
416including the facility's current operating expenses, condition,
417and market value, and viable alternatives for work space for
418impacted state employees.
419     2.  The effect of the proposed facility disposition on the
420financial status of the Florida Facilities Pool, including the
421effect on rental rates and coverage requirement for the bonds.
422
423This paragraph expires July 1, 2011 2010.
424     Section 18.  In order to implement Specific Appropriations
4252379 through 2401 of the 2010-2011 General Appropriations Act,
426subsection (14) of section 253.034, Florida Statutes, is amended
427to read:
428     253.034  State-owned lands; uses.-
429     (14)  Notwithstanding the provisions of this section, funds
430derived from the sale of property by the Department of Citrus'
431property Citrus located in Lakeland, Florida, are authorized to
432be deposited into the Citrus Advertising Trust Fund. This
433subsection expires July 1, 2011 2010.
434     Section 19.  In order to implement Specific Appropriations
4351763, 1775A, 1789, and 1790, paragraph (b) of subsection (3) of
436section 375.041, Florida Statutes, is amended to read:
437     375.041  Land Acquisition Trust Fund.-
438     (3)
439     (b)  In addition to the uses allowed in paragraph (a), for
440the 2010-2011 2008-2009 fiscal year, moneys in the Land
441Acquisition Trust Fund are authorized for transfer to the Water
442Quality Assurance Trust Fund for the Total Maximum Daily Loads
443Program, the Drinking Water Facility Construction-State
444Revolving Loan Fund, the Wastewater Facility Treatment
445Construction-State Revolving Loan Fund, and the Florida Onsite
446Sewage Reduction Strategies Study Ecosystem Management and
447Restoration Trust Fund for grants and aids to local governments
448for water projects as provided in the General Appropriations
449Act. This paragraph expires July 1, 2011 2009.
450     Section 20.  In order to implement Specific Appropriations
4511389 and 1692 of the 2010-2011 General Appropriations Act,
452subsection (12) of section 373.59, Florida Statutes, is amended,
453and subsection (13) is added to that section, to read:
454373.59  Water Management Lands Trust Fund.-
455     (12)(a)  Notwithstanding the provisions of subsection (8),
456and for the 2010-2011 2009-2010 fiscal year only, the moneys
457from the Water Management Lands Trust Fund shall be allocated as
458follows:
459     1.(a)  An amount necessary to pay debt service on bonds
460issued before February 1, 2009, by the South Florida Water
461Management District and the St. Johns River Water Management
462District, which are secured by revenues provided pursuant to
463this section, or to fund debt service reserve funds, rebate
464obligations, or other amounts payable with respect to such
465bonds;
466     2.(b)  Eight million dollars to be transferred to the
467General Revenue Fund; and
4683.  One million dollars for implementation of environmental
469restoration and water resource sustainability projects and
470programs as described in the West Central Florida Water
471Restoration Action Plan; and
472     4.(c)  The remaining funds to be distributed equally
473between the Suwannee River Water Management District and the
474Northwest Florida Water Management District.
475     (b)  Notwithstanding paragraph (a), and for the 2010-2011
476fiscal year only, the sum of $50,000 from the Water Management
477Lands Trust Fund shall be transferred to the General Inspection
478Trust Fund in the Department of Agriculture and Consumer
479Services for the soil and water conservation districts for
480support services.
481
482This subsection expires July 1, 2011 2010.
483     (13)  Notwithstanding subsection (1), for fiscal year 2010-
4842011 only, moneys in the Water Management Lands Trust Fund may
485be used for implementation of environmental restoration and
486water resource sustainability projects and programs as described
487in the West Central Florida Water Restoration Action Plan. This
488subsection expires July 1, 2011.
489     Section 21.  In order to implement Specific Appropriation
4901804 of the 2010-2011 General Appropriations Act, paragraph (c)
491of subsection (5) of section 376.3071, Florida Statutes, is
492amended to read:
493     376.3071  Inland Protection Trust Fund; creation; purposes;
494funding.-
495     (5)  SITE SELECTION AND CLEANUP CRITERIA.-
496     (c)  The department shall require source removal, if
497warranted and cost-effective, at each site eligible for
498restoration funding from the Inland Protection Trust Fund.
499     1.  Funding for free product recovery may be provided in
500advance of the order established by the priority ranking system
501under paragraph (a) for site cleanup activities. However, a
502separate prioritization for free product recovery shall be
503established consistent with paragraph (a). No more than $5
504million shall be encumbered from the Inland Protection Trust
505Fund in any fiscal year for free product recovery conducted in
506advance of the priority order under paragraph (a) established
507for site cleanup activities.
508     2.  Funding for limited interim soil-source removals for
509sites that will become inaccessible for future remediation due
510to road infrastructure and right-of-way restrictions resulting
511from a pending Department of Transportation road construction
512project or for secondary containment upgrading of underground
513storage tanks required under chapter 62-761, Florida
514Administrative Code, may be provided in advance of the order
515established by the priority ranking system under paragraph (a)
516for site cleanup activities. The department shall provide
517written guidance on the limited source removal information and
518technical evaluation necessary to justify a request for a
519limited source removal in advance of the priority order pursuant
520to paragraph (a) established for site cleanup activities.
521Prioritization for limited source removal projects associated
522with a secondary containment upgrade in any fiscal year shall be
523determined on a first-come, first-served basis according to the
524approval date issued under s. 376.30711 for the limited source
525removal. Funding for limited source removals associated with
526secondary containment upgrades shall be limited to 10 sites in
527each fiscal year for each facility owner and any related person.
528The limited source removal for secondary containment upgrades
529shall be completed no later than 6 months after the department
530issues its approval of the project, and the approval
531automatically expires at the end of the 6 months. Funding for
532Department of Transportation and secondary containment upgrade
533source removals may not exceed $50,000 for a single facility
534unless the department makes a determination that it is cost-
535effective and environmentally beneficial to exceed this amount,
536but in no event shall the department authorize costs in excess
537of $100,000 for a single facility. Department funding for
538limited interim soil-source removals associated with Department
539of Transportation projects and secondary containment upgrades
540shall be limited to supplemental soil assessment, soil
541screening, soil removal, backfill material, treatment or
542disposal of the contaminated soil, dewatering related to the
543contaminated soil removal in an amount of up to 10 percent of
544the total interim soil-source removal project costs, treatment,
545and disposal of the contaminated groundwater and preparation of
546the source removal report. No other costs associated with the
547facility upgrade may be paid with department funds. No more than
548$1 million for Department of Transportation limited source
549removal projects and $10 million for secondary containment
550upgrade limited source removal projects conducted in advance of
551the priority order established under paragraph (a) for site
552cleanup activities shall be encumbered from the Inland
553Protection Trust Fund in any fiscal year. This subparagraph is
554repealed effective June 30, 2011 2010.
555     3.  Once free product removal and other source removal
556identified in this paragraph are completed at a site, and
557notwithstanding the order established by the priority ranking
558system under paragraph (a) for site cleanup activities, the
559department may reevaluate the site to determine the degree of
560active cleanup needed to continue site rehabilitation. Further,
561the department shall determine if the reevaluated site qualifies
562for natural attenuation monitoring or no further action. If
563additional site rehabilitation is necessary to reach no further
564action status, the site rehabilitation shall be conducted in the
565order established by the priority ranking system under paragraph
566(a) and the department is encouraged to utilize natural
567attenuation and monitoring where site conditions warrant.
568     Section 22.  In order to implement Specific Appropriations
5691378 through 1538 of the 2010-2011 General Appropriations Act,
570subsection (2) of section 570.20, Florida Statutes, is amended
571to read:
572     570.20  General Inspection Trust Fund.-
573     (2)  For the 2010-2011 2009-2010 fiscal year only and
574notwithstanding any other provision of law to the contrary, in
575addition to the spending authorized in subsection (1), moneys in
576the General Inspection Trust Fund may be appropriated for
577programs operated by the department which are related to the
578programs authorized by this chapter. This subsection expires
579July 1, 2011 2010.
580     Section 23.  In order to implement Specific Appropriation
5811833 of the 2010-2011 General Appropriations Act, subsection (7)
582of section 403.7095, Florida Statutes, is amended to read:
583     403.7095  Solid waste management grant program.-
584     (7)  Notwithstanding any provision of this section to the
585contrary, and for the 2010-2011 2009-2010 fiscal year only, the
586Department of Environmental Protection shall award the sum of
587$2,600,000 in grants equally to counties having populations of
588fewer than 100,000 for waste tire and litter prevention,
589recycling education, and general solid waste programs. This
590subsection expires July 1, 2011 2010.
591     Section 24.  In order to implement Specific Appropriation
5921490 of the 2010-2011 General Appropriations Act and to provide
593consistency and continuity in the promotion of agriculture
594throughout the state, notwithstanding s. 287.057, Florida
595Statutes, the Department of Agriculture and Consumer Services,
596at its discretion, may extend, revise, and renew current
597contracts or agreements created or entered into pursuant to
598chapter 2006-25, Laws of Florida. This section expires July 1,
5992011.
600     Section 25.  In order to implement Specific Appropriation
6012125 of the 2010-2011 General Appropriations Act, subsection (5)
602of section 339.135, Florida Statutes, is amended to read:
603     339.135  Work program; legislative budget request;
604definitions; preparation, adoption, execution, and amendment.-
605     (5)  ADOPTION OF THE WORK PROGRAM.-
606     (a)  The original approved budget for operational and fixed
607capital expenditures for the department shall be the Governor's
608budget recommendation and the first year of the tentative work
609program, as both are amended by the General Appropriations Act
610and any other act containing appropriations. In accordance with
611the appropriations act, the department shall, prior to the
612beginning of the fiscal year, adopt a final work program which
613shall only include the original approved budget for the
614department for the ensuing fiscal year together with any roll
615forwards approved pursuant to paragraph (6)(c) and the portion
616of the tentative work program for the following 4 fiscal years
617revised in accordance with the original approved budget for the
618department for the ensuing fiscal year together with said roll
619forwards. The adopted work program may include only those
620projects submitted as part of the tentative work program
621developed under the provisions of subsection (4) plus any
622projects which are separately identified by specific
623appropriation in the General Appropriations Act and any roll
624forwards approved pursuant to paragraph (6)(c). However, any
625transportation project of the department which is identified by
626specific appropriation in the General Appropriations Act shall
627be deducted from the funds annually distributed to the
628respective district pursuant to paragraph (4)(a). In addition,
629the department shall not in any year include any project or
630allocate funds to a program in the adopted work program that is
631contrary to existing law for that particular year. Projects
632shall not be undertaken unless they are listed in the adopted
633work program.
634     (b)  Notwithstanding paragraph (a), and for the 2010-2011
6352009-2010 fiscal year only, the Department of Transportation
636shall transfer funds to the Office of Tourism, Trade, and
637Economic Development in an amount equal to $20,300,000 for the
638purpose of funding transportation-related needs of economic
639development projects. This transfer shall not reduce, delete, or
640defer any existing projects funded, as of July 1, 2009, in the
641Department of Transportation's 5-year work program. This
642paragraph expires July 1, 2011 2010.
643     Section 26.  In order to implement Specific Appropriation
6442219 of the 2010-2011 General Appropriations Act, and
645notwithstanding the expiration date contained in section 1 of
646chapter 2010-1, Laws of Florida, operating retroactive to
647February 27, 2010, section 443.1117, Florida Statutes, as
648amended by section 1 of chapter 2010-1, Laws of Florida, is
649revived, reenacted, and amended to read:
650     443.1117  Temporary extended benefits.-
651     (1)  APPLICABILITY OF EXTENDED BENEFITS STATUTE.-Except
652when the result is inconsistent with the other provisions of
653this section, the provisions of s. 443.1115 (2), (3), (4), (6),
654and (7) apply to all claims covered by this section.
655     (2)  DEFINITIONS.-For the purposes of this section, the
656term:
657     (a)  "Regular benefits" and "extended benefits" have the
658same meaning as in s. 443.1115.
659     (b)  "Eligibility period" means the period consisting of
660the weeks in an individual's benefit year or emergency benefit
661period which begin in an extended benefit period and, if the
662benefit year or emergency benefit period ends within that
663extended benefit period, any subsequent weeks beginning in that
664period.
665     (c)  "Emergency benefits" means Emergency Unemployment
666Compensation paid pursuant to Pub. L. No. 110-252, Pub. L. No.
667110-449, Pub. L. No. 111-5, Pub. L. No. 111-92, and Pub. L. No.
668111-118, and Pub. L. No. 111-144.
669     (d)  "Extended benefit period" means a period that:
670     1.  Begins with the third week after a week for which there
671is a state "on" indicator; and
672     2.  Ends with any of the following weeks, whichever occurs
673later:
674     a.  The third week after the first week for which there is
675a state "off" indicator;
676     b.  The 13th consecutive week of that period.
677
678However, an extended benefit period may not begin by reason of a
679state "on" indicator before the 14th week after the end of a
680prior extended benefit period that was in effect for this state.
681     (e)  "Emergency benefit period" means the period during
682which an individual receives emergency benefits as defined in
683paragraph (c).
684     (f)  "Exhaustee" means an individual who, for any week of
685unemployment in her or his eligibility period:
686     1.  Has received, before that week, all of the regular
687benefits and emergency benefits, if any, available under this
688chapter or any other law, including dependents' allowances and
689benefits payable to federal civilian employees and ex-
690servicemembers under 5 U.S.C. ss. 8501-8525, in the current
691benefit year or emergency benefit period that includes that
692week. For the purposes of this subparagraph, an individual has
693received all of the regular benefits and emergency benefits, if
694any, available although, as a result of a pending appeal for
695wages paid for insured work which were not considered in the
696original monetary determination in the benefit year, she or he
697may subsequently be determined to be entitled to added regular
698benefits;
699     2.  Had a benefit year which expired before that week, and
700was paid no, or insufficient, wages for insured work on the
701basis of which she or he could establish a new benefit year that
702includes that week; and
703     3.a.  Has no right to unemployment benefits or allowances
704under the Railroad Unemployment Insurance Act or other federal
705laws as specified in regulations issued by the United States
706Secretary of Labor; and
707     b.  Has not received and is not seeking unemployment
708benefits under the unemployment compensation law of Canada; but
709if an individual is seeking those benefits and the appropriate
710agency finally determines that she or he is not entitled to
711benefits under that law, she or he is considered an exhaustee.
712     (g)  "State 'on' indicator" means, with respect to weeks of
713unemployment beginning on or after February 1, 2009, and ending
714on or before March 13, 2010 January 30, 2010, the occurrence of
715a week in which the average total unemployment rate, seasonally
716adjusted, as determined by the United States Secretary of Labor,
717for the period consisting of the most recent 3 months for which
718data for all states are published by the United States
719Department of Labor:
720     1.  Equals or exceeds 110 percent of the average of those
721rates for the corresponding 3-month period ending in each of the
722preceding 2 calendar years; and
723     2.  Equals or exceeds 6.5 percent.
724     (h)  "High unemployment period" means, with respect to
725weeks of unemployment beginning on or after February 1, 2009,
726and ending on or before March 13, 2010 January 30, 2010, any
727week in which the average total unemployment rate, seasonally
728adjusted, as determined by the United States Secretary of Labor,
729for the period consisting of the most recent 3 months for which
730data for all states are published by the United States
731Department of Labor:
732     1.  Equals or exceeds 110 percent of the average of those
733rates for the corresponding 3-month period ending in each of the
734preceding 2 calendar years; and
735     2.  Equals or exceeds 8 percent.
736     (i)  "State 'off' indicator" means the occurrence of a week
737in which there is no state "on" indicator or which does not
738constitute a high unemployment period.
739     (3)  TOTAL EXTENDED BENEFIT AMOUNT.-Except as provided in
740subsection (4):
741     (a)  For any week for which there is an "on" indicator
742pursuant to paragraph (2)(g), the total extended benefit amount
743payable to an eligible individual for her or his applicable
744benefit year is the lesser of:
745     1.  Fifty percent of the total regular benefits payable
746under this chapter in the applicable benefit year; or
747     2.  Thirteen times the weekly benefit amount payable under
748this chapter for a week of total unemployment in the applicable
749benefit year.
750     (b)  For any high unemployment period as defined in
751paragraph (2)(h), the total extended benefit amount payable to
752an eligible individual for her or his applicable benefit year is
753the lesser of:
754     1.  Eighty percent of the total regular benefits payable
755under this chapter in the applicable benefit year; or
756     2.  Twenty times the weekly benefit amount payable under
757this chapter for a week of total unemployment in the applicable
758benefit year.
759     (4)  EFFECT ON TRADE READJUSTMENT.-Notwithstanding any
760other provision of this chapter, if the benefit year of an
761individual ends within an extended benefit period, the number of
762weeks of extended benefits the individual is entitled to receive
763in that extended benefit period for weeks of unemployment
764beginning after the end of the benefit year, except as provided
765in this section, is reduced, but not to below zero, by the
766number of weeks for which the individual received, within that
767benefit year, trade readjustment allowances under the Trade Act
768of 1974, as amended.
769     (5)  EXPIRATION.-This section expires April 5, 2010, unless
770reviewed and reenacted by the Legislature before that date.
771     Section 27.  The provisions of s. 443.1117, Florida
772Statutes, as revived, reenacted, and amended by this act, apply
773only to claims for weeks of unemployment in which an exhaustee
774establishes entitlement to extended benefits pursuant to that
775section which are established for the period between February
77622, 2009, and April 5, 2010.
777     Section 28.  The Legislature finds that the amendments made
778by this act to s. 443.1117, Florida Statutes, fulfill an
779important state interest.
780     Section 29.  In order to implement Specific Appropriation
7812672 and section 56 of the 2010-2011 General Appropriations Act,
782funds appropriated out of the Economic Development
783Transportation Trust Fund may be used for economic development
784infrastructure projects and other economic development projects;
785for improvements to other launch complexes and space
786transportation facilities in order to attract new space vehicle
787testing and launch business to the state; for addressing
788intermodal requirements and impacts of the launch ranges,
789spaceports, and other space transportation facilities; for
790advancing aerospace technology to meet the current and future
791needs of the United States commercial space transportation
792industry; and for assisting in the development of joint-use
793facilities and technology that support aviation and aerospace
794operations, including high altitude and suborbital flights and
795range technology development.
796     Section 30.  In order to implement sections 2 through 7 of
797the 2010-2011 General Appropriations Act, subsection (5) of
798section 216.292, Florida Statutes, is amended to read:
799     216.292  Appropriations nontransferable; exceptions.-
800     (5)(a)  A transfer of funds may not result in the
801initiation of a fixed capital outlay project that has not
802received a specific legislative appropriation.
803     (b)  Notwithstanding paragraph (a), and for the 2010-2011
8042009-2010 fiscal year only, the Governor may recommend the
805initiation of fixed capital outlay projects funded by grants
806awarded by the Federal Government through the American Recovery
807and Reinvestment Act of 2009 or by any other federal economic
808stimulus grant funding received. All actions taken pursuant to
809the authority granted in the paragraph are subject to review and
810approval by the Legislative Budget Commission. This paragraph
811expires July 1, 2011 2010.
812     Section 31.  In order to implement sections 2 through 7 of
813the 2010-2011 General Appropriations Act, the Executive Office
814of the Governor is authorized to transfer funds appropriated for
815the American Recovery and Reinvestment Act of 2009 (ARRA) in
816traditional appropriation categories in the 2010-2011 General
817Appropriations Act to appropriation categories established for
818the specific purpose of tracking funds appropriated for the
819ARRA.
820     Section 32.  In order to implement Specific Appropriation
8212665 of the 2010-2011 General Appropriations Act, paragraphs (c)
822and (d) of subsection (4) of section 288.1254, Florida Statutes,
823are reenacted to read:
824     288.1254  Entertainment industry financial incentive
825program.-
826     (4)  PRIORITY FOR INCENTIVE FUNDING; WITHDRAWAL OF
827ELIGIBILITY; QUEUES.-
828     (c)  Independent Florida filmmaker queue.-Ten percent of
829incentive funding appropriated in any state fiscal year must be
830dedicated to the independent Florida filmmaker queue. If there
831are no qualified applications in the queue, any funding in the
832queue shall be made available to a qualified project in the
833digital media projects queue. A production certified under this
834queue is eligible for a reimbursement equal to 15 percent of its
835actual qualified expenditures. An independent Florida film that
836meets the criteria of this queue and demonstrates a minimum of
837$100,000, but not more than $625,000, in total qualified
838expenditures is eligible for incentive funding. To qualify for
839this queue, a qualified production must:
840     1.  Be planned as a feature film or documentary of no less
841than 70 minutes in length.
842     2.  Provide evidence of 50 percent of the financing for its
843total budget in an escrow account or other form dedicated to the
844production.
845     3.  Do all major postproduction in this state.
846     4.  Employ Florida workers in at least six of the following
847key positions: writer, director, producer, director of
848photography, star or one of the lead actors, unit production
849manager, editor, or production designer. As used in this
850subparagraph, the term "Florida worker" means a person who has
851been a resident of this state for at least 1 year before a
852production's application under subsection (3) was submitted or a
853person who graduated from a film school, college, university, or
854community college in this state no more than 5 years before such
855submittal or who is enrolled full-time in such a school,
856college, or university.
857     (d)  Digital media projects queue.-Five percent of
858incentive funding appropriated in any state fiscal year shall be
859dedicated to the digital media projects queue. A production
860certified under this queue is eligible for a reimbursement equal
861to 10 percent of its actual qualified expenditures. A qualified
862production that is a digital media project that demonstrates a
863minimum of $300,000 in total qualified expenditures is eligible
864for a maximum of $1 million in incentive funding. As used in
865this paragraph, the term "qualified expenditures" means the
866wages or salaries paid to a resident of this state for working
867on a single qualified digital media project, up to a maximum of
868$200,000 in wages or salaries paid per resident. A qualified
869production company producing digital media projects may not
870qualify for more than three projects in any 1 fiscal year.
871Projects that extend beyond a fiscal year must reapply each
872fiscal year in order to be eligible for incentive funding for
873that year.
874     Section 33.  The amendment to s. 288.1254(4)(c) and (d),
875Florida Statutes, as carried forward by this act from chapter
8762009-82, Laws of Florida, shall expire July 1, 2011, and the
877text of those paragraphs shall revert to that in existence on
878June 30, 2009, except that any amendments to such text enacted
879other than by this act shall be preserved and continue to
880operate to the extent that such amendments are not dependent
881upon the portions of such text which expire pursuant to this
882section.
883     Section 34.  In order to implement section 59 of the 2010-
8842011 General Appropriations Act, paragraph (n) of subsection (1)
885of section 339.08, Florida Statutes, is amended to read:
886     339.08  Use of moneys in State Transportation Trust Fund.-
887     (1)  The department shall expend moneys in the State
888Transportation Trust Fund accruing to the department, in
889accordance with its annual budget. The use of such moneys shall
890be restricted to the following purposes:
891     (n)  To pay administrative expenses incurred in accordance
892with applicable laws for a multicounty transportation or
893expressway authority created under chapter 343 or chapter 348,
894where jurisdiction for the authority includes a portion of the
895State Highway System and the administrative expenses are in
896furtherance of the duties and responsibilities of the authority
897in the development of improvements to the State Highway System.
898This paragraph expires July 1, 2011 2010.
899     Section 35.  In order to implement section 83 of the 2010-
9002011 General Appropriations Act, subsection (4) of section
901339.08, Florida Statutes, is amended to read:
902     339.08  Use of moneys in State Transportation Trust Fund.-
903     (4)  For the 2010-2011 2009-2010 fiscal year only and
904notwithstanding the provisions of this section and ss. 339.09(1)
905and 215.32(2)(b)4., funds may be transferred from the State
906Transportation Trust Fund to the General Revenue Fund as
907specified in the General Appropriations Act. Notwithstanding ss.
908206.46(3) and 206.606(2), the total amount transferred shall be
909reduced from total state revenues deposited into the State
910Transportation Trust Fund for the calculation requirements of
911ss. 206.46(3) and 206.606(2). This subsection expires July 1,
9122011 2010.
913     Section 36.  In order to implement section 46 of the 2010-
9142011 General Appropriations Act, subsection (11) of section
915445.009, Florida Statutes is amended to read:
916     445.009  One-stop delivery system.-
917     (11)(a)  A participant in an adult or youth work experience
918activity administered under this chapter shall be deemed an
919employee of the state for purposes of workers' compensation
920coverage. In determining the average weekly wage, all
921remuneration received from the employer shall be considered a
922gratuity, and the participant shall not be entitled to any
923benefits otherwise payable under s. 440.15, regardless of
924whether the participant may be receiving wages and remuneration
925from other employment with another employer and regardless of
926his or her future wage-earning capacity.
927     (b)  This subsection expires July 1, 2011 2010.
928     Section 37.  In order to implement the appropriation of
929funds in Special Categories-Risk Management Insurance of the
9302010-2011 General Appropriations Act, and pursuant to the
931notice, review, and objection procedures of s. 216.177, Florida
932Statutes, the Executive Office of the Governor is authorized to
933transfer funds appropriated in the appropriation category
934"Special Categories-Risk Management Insurance" of the 2010-2011
935General Appropriations Act between departments in order to align
936the budget authority granted with the premiums paid by each
937department for risk management insurance. This section expires
938July 1, 2011.
939     Section 38.  In order to implement the appropriation of
940funds in Special Categories-Transfer to Department of Management
941Services-Human Resources Services Purchased Per Statewide
942Contract of the 2010-2011 General Appropriations Act, and
943pursuant to the notice, review, and objection procedures of s.
944216.177, Florida Statutes, the Executive Office of the Governor
945is authorized to transfer funds appropriated in the
946appropriation category "Special Categories-Transfer to
947Department of Management Services-Human Resources Services
948Purchased Per Statewide Contract" of the 2010-2011 General
949Appropriations Act between departments in order to align the
950budget authority granted with the assessments that must be paid
951by each agency to the Department of Management Services for
952human resource management services. This section expires July 1,
9532011.
954     Section 39.  In order to implement the reduction in each
955agency's salary and benefit appropriation in the 2010-2011
956General Appropriations Act, and pursuant to the notice, review,
957and objection procedures of s. 216.177, Florida Statutes, the
958Executive Office of the Governor may transfer funds appropriated
959in the appropriation category "Salaries and Benefits" of the
9602010-2011 General Appropriations Act between departments in
961order to align the budget authority granted to each agency with
962the reductions that must be made by each agency pursuant to the
9632010-2011 General Appropriations Act. All actions taken pursuant
964to the authority granted in this section are subject to the
965review and approval of the Legislative Budget Commission. This
966section expires July 1, 2011.
967     Section 40.  In order to implement specific appropriations
968for salaries and benefits in the 2010-2011 General
969Appropriations Act, the intent of the Legislature is to provide
970flexibility to agency heads over personnel management to
971maximize the efficiency and effectiveness of agency operations.
972The Legislature recognizes that the state is facing a critical
973fiscal situation unprecedented in the last quarter century.
974During this time of budgetary shortfall, it is in the best
975interest of the state to ensure that the state's resources be
976used in the most efficient and prudent manner, while maintaining
977the critical missions of the state. Further, the Legislature
978recognizes that the agency heads are uniquely positioned to
979determine how to best manage their agency's human resources
980given the constraints associated with a reduction in the salary
981and benefit appropriation. Notwithstanding specific provisions
982of chapters 110, 112, 216, and 447, Florida Statutes, to the
983contrary, and for the fiscal year 2010-2011 only, agency heads
984are authorized to terminate or layoff staff, reduce salaries of
985individual or groups of employees, reclassify positions, and
986provide retention adjustments or bonuses to high-performing
987staff. For the purpose of the authority granted by this section,
988the term "agency head" shall include the term as defined in s.
98920.055(1)(b), Florida Statutes, and shall also include the Chief
990Justice of the Supreme Court, the board of trustees of each
991university, the Board of Trustees of the Florida School for the
992Deaf and Blind, the executive director of the Justice
993Administrative Commission, the executive director of the
994Statewide Guardian Ad Litem Office, each state attorney, each
995public defender, each capital collateral regional counsel, and
996each regional counsel. This section expires July 1, 2011.
997     Section 41.  In order to implement specific appropriations
998for salaries and benefits in the 2010-2011 General
999Appropriations Act, paragraph (a) of subsection (12) of section
1000110.123, Florida Statutes, is amended to read:
1001     110.123  State group insurance program.-
1002     (12)  HEALTH SAVINGS ACCOUNTS.-The department is authorized
1003to establish health savings accounts for full-time and part-time
1004state employees in association with a health insurance plan
1005option authorized by the Legislature and conforming to the
1006requirements and limitations of federal provisions relating to
1007the Medicare Prescription Drug, Improvement, and Modernization
1008Act of 2003.
1009     (a)1.  A member participating in this health insurance plan
1010option shall be eligible to receive an employer contribution
1011into the employee's health savings account from the State
1012Employees Health Insurance Trust Fund in an amount to be
1013determined by the Legislature. A member is not eligible for an
1014employer contribution upon termination of employment. For the
10152010-2011 2009-2010 fiscal year, the state's monthly
1016contribution for employees having individual coverage shall be
1017$41.66 and the monthly contribution for employees having family
1018coverage shall be $83.33.
1019     2.  A member participating in this health insurance plan
1020option shall be eligible to deposit the member's own funds into
1021a health savings account.
1022     Section 42.  In order to implement specific appropriations
1023for salaries and benefits in the 2010-2011 General
1024Appropriations Act, paragraph (b) of subsection (3) of section
1025112.24, Florida Statutes, is amended to read:
1026     112.24  Intergovernmental interchange of public employees.-
1027To encourage economical and effective utilization of public
1028employees in this state, the temporary assignment of employees
1029among agencies of government, both state and local, and
1030including school districts and public institutions of higher
1031education is authorized under terms and conditions set forth in
1032this section. State agencies, municipalities, and political
1033subdivisions are authorized to enter into employee interchange
1034agreements with other state agencies, the Federal Government,
1035another state, a municipality, or a political subdivision
1036including a school district, or with a public institution of
1037higher education. State agencies are also authorized to enter
1038into employee interchange agreements with private institutions
1039of higher education and other nonprofit organizations under the
1040terms and conditions provided in this section. In addition, the
1041Governor or the Governor and Cabinet may enter into employee
1042interchange agreements with a state agency, the Federal
1043Government, another state, a municipality, or a political
1044subdivision including a school district, or with a public
1045institution of higher learning to fill, subject to the
1046requirements of chapter 20, appointive offices which are within
1047the executive branch of government and which are filled by
1048appointment by the Governor or the Governor and Cabinet. Under
1049no circumstances shall employee interchange agreements be
1050utilized for the purpose of assigning individuals to participate
1051in political campaigns. Duties and responsibilities of
1052interchange employees shall be limited to the mission and goals
1053of the agencies of government.
1054     (3)  Salary, leave, travel and transportation, and
1055reimbursements for an employee of a sending party that is
1056participating in an interchange program shall be handled as
1057follows:
1058     (b)1.  The assignment of an employee of a state agency
1059either on detail or on leave of absence may be made without
1060reimbursement by the receiving party for the travel and
1061transportation expenses to or from the place of the assignment
1062or for the pay and benefits, or a part thereof, of the employee
1063during the assignment.
1064     2.  For the 2010-2011 2009-2010 fiscal year only, the
1065assignment of an employee of a state agency as provided in
1066subparagraph 1. may be made if recommended by the Governor or
1067Chief Justice, as appropriate, and approved by the chairs of the
1068Senate Policy and Steering Committee on Ways and Means and the
1069House Full Appropriations Council on Education and Economic
1070Development General Government and Health Care. Such actions
1071shall be deemed approved if neither chair provides written
1072notice of objection within 14 days after the chair's receiving
1073notice of the action pursuant to s. 216.177. This subparagraph
1074expires July 1, 2011 2010.
1075     Section 43.  In order to implement the transfer of moneys
1076to the General Revenue Fund from trust funds in the 2010-2011
1077General Appropriations Act, paragraph (b) of subsection (2) of
1078section 215.32, Florida Statutes, is reenacted to read:
1079     215.32  State funds; segregation.-
1080     (2)  The source and use of each of these funds shall be as
1081follows:
1082     (b)1.  The trust funds shall consist of moneys received by
1083the state which under law or under trust agreement are
1084segregated for a purpose authorized by law. The state agency or
1085branch of state government receiving or collecting such moneys
1086shall be responsible for their proper expenditure as provided by
1087law. Upon the request of the state agency or branch of state
1088government responsible for the administration of the trust fund,
1089the Chief Financial Officer may establish accounts within the
1090trust fund at a level considered necessary for proper
1091accountability. Once an account is established within a trust
1092fund, the Chief Financial Officer may authorize payment from
1093that account only upon determining that there is sufficient cash
1094and releases at the level of the account.
1095     2.  In addition to other trust funds created by law, to the
1096extent possible, each agency shall use the following trust funds
1097as described in this subparagraph for day-to-day operations:
1098     a.  Operations or operating trust fund, for use as a
1099depository for funds to be used for program operations funded by
1100program revenues, with the exception of administrative
1101activities when the operations or operating trust fund is a
1102proprietary fund.
1103     b.  Operations and maintenance trust fund, for use as a
1104depository for client services funded by third-party payors.
1105     c.  Administrative trust fund, for use as a depository for
1106funds to be used for management activities that are departmental
1107in nature and funded by indirect cost earnings and assessments
1108against trust funds. Proprietary funds are excluded from the
1109requirement of using an administrative trust fund.
1110     d.  Grants and donations trust fund, for use as a
1111depository for funds to be used for allowable grant or donor
1112agreement activities funded by restricted contractual revenue
1113from private and public nonfederal sources.
1114     e.  Agency working capital trust fund, for use as a
1115depository for funds to be used pursuant to s. 216.272.
1116     f.  Clearing funds trust fund, for use as a depository for
1117funds to account for collections pending distribution to lawful
1118recipients.
1119     g.  Federal grant trust fund, for use as a depository for
1120funds to be used for allowable grant activities funded by
1121restricted program revenues from federal sources.
1122
1123To the extent possible, each agency must adjust its internal
1124accounting to use existing trust funds consistent with the
1125requirements of this subparagraph. If an agency does not have
1126trust funds listed in this subparagraph and cannot make such
1127adjustment, the agency must recommend the creation of the
1128necessary trust funds to the Legislature no later than the next
1129scheduled review of the agency's trust funds pursuant to s.
1130215.3206.
1131     3.  All such moneys are hereby appropriated to be expended
1132in accordance with the law or trust agreement under which they
1133were received, subject always to the provisions of chapter 216
1134relating to the appropriation of funds and to the applicable
1135laws relating to the deposit or expenditure of moneys in the
1136State Treasury.
1137     4.a.  Notwithstanding any provision of law restricting the
1138use of trust funds to specific purposes, unappropriated cash
1139balances from selected trust funds may be authorized by the
1140Legislature for transfer to the Budget Stabilization Fund and
1141General Revenue Fund in the General Appropriations Act.
1142     b.  This subparagraph does not apply to trust funds
1143required by federal programs or mandates; trust funds
1144established for bond covenants, indentures, or resolutions whose
1145revenues are legally pledged by the state or public body to meet
1146debt service or other financial requirements of any debt
1147obligations of the state or any public body; the State
1148Transportation Trust Fund; the trust fund containing the net
1149annual proceeds from the Florida Education Lotteries; the
1150Florida Retirement System Trust Fund; trust funds under the
1151management of the State Board of Education or the Board of
1152Governors of the State University System, where such trust funds
1153are for auxiliary enterprises, self-insurance, and contracts,
1154grants, and donations, as those terms are defined by general
1155law; trust funds that serve as clearing funds or accounts for
1156the Chief Financial Officer or state agencies; trust funds that
1157account for assets held by the state in a trustee capacity as an
1158agent or fiduciary for individuals, private organizations, or
1159other governmental units; and other trust funds authorized by
1160the State Constitution.
1161     Section 44.  In order to implement the issuance of new debt
1162authorized in the 2010-2011 General Appropriations Act, and
1163pursuant to the requirements of s. 215.98, Florida Statutes, the
1164Legislature determines that the authorization and issuance of
1165debt for the 2010-2011 fiscal year should be implemented and is
1166in the best interest of the state and necessary to address a
1167critical state emergency.
1168     Section 45.  In order to implement the funds appropriated
1169in the 2010-2011 General Appropriations Act for state employee
1170travel, the funds appropriated to each state agency, which may
1171be used for travel by state employees, shall be limited during
1172the 2010-2011 fiscal year to travel for activities that are
1173critical to each state agency's mission. Funds may not be used
1174to pay for travel by state employees to foreign countries, other
1175states, conferences, staff-training activities, or other
1176administrative functions unless the agency head has approved in
1177writing that such activities are critical to the agency's
1178mission. The agency head must consider the use of
1179teleconferencing and other forms of electronic communication to
1180meet the needs of the proposed activity before approving
1181mission-critical travel. This section does not apply to travel
1182for law enforcement purposes, military purposes, emergency
1183management activities, or public health activities. This section
1184expires July 1, 2011.
1185     Section 46.  A section of this act that implements a
1186specific appropriation or specifically identified proviso
1187language in the 2010-2011 General Appropriations Act is void if
1188the specific appropriation or specifically identified proviso
1189language is vetoed. A section of this act that implements more
1190than one specific appropriation or more than one portion of
1191specifically identified proviso language in the 2010-2011
1192General Appropriations Act is void if all the specific
1193appropriations or portions of specifically identified proviso
1194language are vetoed.
1195     Section 47.  If any other act passed during the 2010
1196Regular Session contains a provision that is substantively the
1197same as a provision in this act, but that removes or is
1198otherwise not subject to the future repeal applied to such
1199provision by this act, the Legislature intends that the
1200provision in the other act takes precedence and continues to
1201operate, notwithstanding the future repeal provided by this act.
1202     Section 48.  If any provision of this act or its
1203application to any person or circumstance is held invalid, the
1204invalidity does not affect other provisions or applications of
1205the act which can be given effect without the invalid provision
1206or application, and to this end the provisions of this act are
1207severable.
1208     Section 49.  Except as otherwise expressly provided in this
1209act and except for this section, which shall take effect June
121029, 2010, this act shall take effect July 1, 2010; or, if this
1211act fails to become a law until after that date, it shall take
1212effect upon becoming a law and shall operate retroactively to
1213July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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