Bill Text: FL H5003 | 2011 | Regular Session | Introduced


Bill Title: Implementing 2011-2012 General Appropriations Act

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-04-07 - Read 3rd time -HJ 470 [H5003 Detail]

Download: Florida-2011-H5003-Introduced.html
HB 5003

1
A bill to be entitled
2An act relating to implementing the 2011-2012 General
3Appropriations Act; providing legislative intent;
4incorporating by reference certain calculations of the
5Florida Education Finance Program for the 2011-2012 fiscal
6year; requiring the Department of Education to distribute
7the charter school capital outlay funding pursuant to
8certain provisions of law; providing that the Public
9Education Capital Outlay and Debt Service Trust Fund be
10used as the source of the state match for private
11contributions for the Aircraft Coating Education Facility
12at the Florida State College; authorizing the Department
13of Corrections and the Department of Juvenile Justice to
14make certain expenditures to defray costs incurred by a
15municipality or county as a result of opening or operating
16a facility under authority of the respective department;
17amending s. 216.262, F.S.; providing for additional
18positions to operate additional prison bed capacity under
19certain circumstances; amending s. 932.7055, F.S.;
20delaying the expiration of provisions authorizing a
21municipality to expend funds from its special law
22enforcement trust fund to reimburse the municipality's
23general fund; requiring that the Department of Juvenile
24Justice comply with specified reimbursement limitations
25with respect to payments to hospitals or health care
26providers for health care services; authorizing certain
27payments pursuant to a contracted rate only until the
28contract expires or is renewed; defining the term
29"hospital" for purposes of such limitations; amending s.
30394.908, F.S.; delaying the expiration of certain
31provisions relating to the allocation requirements for
32specified funds appropriated for forensic mental health
33services; requiring that funds appropriated through the
34Community-Based Medicaid Administrative Claiming Program
35be allocated proportionately to contributed provider
36earnings; providing requirements to govern the completion
37of Phases 2 and 3 of the Department of Health's Florida
38Onsite Sewage Nitrogen Reduction Strategies Study;
39prohibiting any state agency from adopting or implementing
40a rule or policy mandating or establishing new nitrogen-
41reduction limits under certain circumstances; amending s.
421, ch. 2007-174, Laws of Florida; extending provisions
43relating to the reorganization activities of the
44Department of Children and Family Services; incorporating
45by reference certain calculations of the Medicaid Low-
46Income Pool, Disproportionate Share Hospital and Hospital
47Exemptions Programs for the 2011-1012 fiscal year;
48requiring the Florida Catastrophic Storm Risk Management
49Center at Florida State University to conduct an analysis;
50requiring the Department of Management Services to use
51certain interest earnings to fund the administration of
52the MyFlorida.com portal; amending s. 253.034, F.S.;
53authorizing the deposit of funds derived from the sale of
54property by the Department of Citrus into the Citrus
55Advertising Trust Fund; amending s. 375.041, F.S.;
56providing for the transfer of moneys from the Land
57Acquisition Trust Fund to support the Total Maximum Daily
58Loads programs; amending s. 373.59, F.S.; providing for
59the allocation of moneys from the Water Management Lands
60Trust Fund for certain purposes; reenacting s.
61403.1651(1)(g), F.S., relating to the use of funds from
62the Ecosystem Management and Restoration Trust Fund for
63the purpose of funding activities to preserve and repair
64the state's beaches; amending s. 570.20, F.S.; delaying
65the expiration of provisions authorizing the Department of
66Agriculture and Consumer Services to use funds from the
67General Inspection Trust Fund for certain programs;
68amending s. 403.7095, F.S.; requiring that the Department
69of Environmental Protection award a specified amount in
70grants equally to certain counties for waste tire and
71litter prevention, recycling education, and general solid
72waste programs; authorizing the Department of Agriculture
73and Consumer Services to extend, revise, and renew current
74contracts or agreements created or entered into for the
75purpose of promotion of agriculture; amending s. 339.135,
76F.S.; delaying the expiration of certain provisions that
77permit the Department of Transportation to reduce work
78program levels to balance the finance plan to revised
79funding levels; delaying the expiration of certain
80provisions relating to the specifications of the
81department's cash balances before a project or phase may
82be deferred; providing that certain reductions shall not
83negatively impact safety or maintenance or project
84contingency percentage levels as of a specified date;
85providing for use of transportation revenues; requiring
86that the Department of Transportation transfer funds to
87the Office of Tourism, Trade, and Economic Development for
88the purpose of funding transportation-related needs of
89economic development projects; requiring the Department of
90Transportation to fund certain airport development
91projects and prohibiting the department from altering the
92funding for certain existing projects; amending s. 339.08,
93F.S.; authorizing the transfer of funds from the State
94Transportation Trust Fund to the State School Trust Fund
95under certain circumstances; amending s. 445.009, F.S.;
96providing that a participant in an adult or youth work
97experience activity under ch. 445, F.S., is an employee of
98the state for purposes of workers' compensation coverage;
99reenacting s. 163.3247(3)(d), F.S., relating to members of
100the Century Commission for a Sustainable Florida serving
101without compensation; reenacting s. 201.15, F.S., relating
102to funds deposited into the Grants and Donations Trust
103Fund in the Department of Community Affairs which are used
104to fund technical assistance to local governments and
105school boards; amending s. 206.608, F.S.; authorizing the
106transfer of certain tax funds to the State Transportation
107Trust Fund; authorizing the Executive Office of the
108Governor to transfer funds between departments for
109purposes of aligning amounts paid for risk management
110premiums and for purposes of aligning amounts paid for
111human resource management services; amending s. 110.123,
112F.S.; providing for the state's monthly contribution for
113employees under the state group insurance program;
114amending s. 112.24, F.S.; providing conditions on the
115assignment of an employee of a state agency without
116reimbursement from the receiving agency; updating
117legislative committee titles; providing that the annual
118salaries for members of the Legislature be set at a
119certain level; amending s. 215.32, F.S.; authorizing the
120transfer of certain unappropriated cash balances from
121selected trust funds to the State School Trust Fund;
122providing for the authorization and issuance of new debt;
123limiting the use of travel funds to activities that are
124critical to an agency's mission; providing exceptions;
125authorizing the Executive Office of the Governor to
126transfer funds for use by the state's designated primary
127data centers, pursuant to statutory procedures for notice,
128review, and objection; authorizing agencies to transfer
129funds from data processing appropriation categories to
130other appropriation categories in order to support and
131manage computer resources, notwithstanding other
132provisions of law; authorizing the Executive Office of the
133Governor to transfer funds between agencies to properly
134allocate a reduction in budget for the Southwood Shared
135Resource Center; authorizing the Executive Office of the
136Governor to transfer funds between agencies in order to
137allocate a reduction relating to SUNCOM; reenacting s.
138110.12315(7)(a), F.S., relating to copayments for the
139state employees' prescription drug program; providing for
140reversion of statutory text of certain provisions;
141providing for the effect of a veto of one or more specific
142appropriations or proviso to which implementing language
143refers; providing for the continued operation of certain
144provisions notwithstanding a future repeal or expiration
145provided by the act; providing for severability; providing
146effective dates.
147
148Be It Enacted by the Legislature of the State of Florida:
149
150     Section 1.  It is the intent of the Legislature that the
151implementing and administering provisions of this act apply to
152the General Appropriations Act for the 2011-2012 fiscal year.
153     Section 2.  In order to implement Specific Appropriations
1546, 7, 8, 68, and 69 of the 2011-2012 General Appropriations Act,
155the calculations of the Florida Education Finance Program for
156the 2011-2012 fiscal year in the document entitled "Public
157School Funding-The Florida Education Finance Program," dated
158March 31, 2011, and filed with the Clerk of the House of
159Representatives, are incorporated by reference for the purpose
160of displaying the calculations used by the Legislature,
161consistent with the requirements of the Florida Statutes, in
162making appropriations for the Florida Education Finance Program.
163     Section 3.  In order to implement Specific Appropriation
16415A of the 2011-2012 General Appropriations Act, notwithstanding
165s. 1013.62(1)(b), Florida Statutes, the Department of Education
166shall distribute the charter school capital outlay funding
167pursuant to s. 1013.62(1)(e), Florida Statutes. This section
168expires July 1, 2012.
169     Section 4.  In order to implement Specific Appropriation
17015C of the 2011-2012 General Appropriations Act, notwithstanding
171the provisions of s. 1011.32, Florida Statutes, the Public
172Education Capital Outlay and Debt Service Trust Fund shall be
173used as the source of the state match for private contributions
174for the Aircraft Coating Education Facility - Cecil at the
175Florida State College at Jacksonville. This section expires July
1761, 2012.
177     Section 5.  In order to fulfill legislative intent
178regarding the use of funds contained in Specific Appropriations
179605, 616, 628, and 1135 of the 2011-2012 General Appropriations
180Act, the Department of Corrections and the Department of
181Juvenile Justice may expend appropriated funds to assist in
182defraying the costs of impacts that are incurred by a
183municipality or county and that are associated with opening or
184operating a facility under the authority of the department. The
185amount paid for any facility may not exceed 1 percent of the
186cost to construct the facility, less building impact fees
187imposed by the municipality or county. This section expires July
1881, 2012.
189     Section 6.  In order to implement Specific Appropriations
190595 through 688A and 726 through 759 of the 2011-2012 General
191Appropriations Act, subsection (4) of section 216.262, Florida
192Statutes, is amended to read:
193     216.262  Authorized positions.-
194     (4)  Notwithstanding the provisions of this chapter on
195increasing the number of authorized positions, and for the 2011-
1962012 2010-2011 fiscal year only, if the actual inmate population
197of the Department of Corrections exceeds the inmate population
198projections of the February 21, 2011 February 19, 2010, Criminal
199Justice Estimating Conference by 1 percent for 2 consecutive
200months or 2 percent for any month, the Executive Office of the
201Governor, with the approval of the Legislative Budget
202Commission, shall immediately notify the Criminal Justice
203Estimating Conference, which shall convene as soon as possible
204to revise the estimates. The Department of Corrections may then
205submit a budget amendment requesting the establishment of
206positions in excess of the number authorized by the Legislature
207and additional appropriations from unallocated general revenue
208sufficient to provide for essential staff, fixed capital
209improvements, and other resources to provide classification,
210security, food services, health services, and other variable
211expenses within the institutions to accommodate the estimated
212increase in the inmate population. All actions taken pursuant to
213the authority granted in this subsection shall be subject to
214review and approval by the Legislative Budget Commission. This
215subsection expires July 1, 2012 2011.
216     Section 7.  In order to implement Specific Appropriations
2171192 and 1198 of the 2011-2012 General Appropriations Act,
218paragraph (d) of subsection (4) of section 932.7055, Florida
219Statutes, is amended to read:
220     932.7055  Disposition of liens and forfeited property.-
221     (4)  The proceeds from the sale of forfeited property shall
222be disbursed in the following priority:
223     (d)  Notwithstanding any other provision of this
224subsection, and for the 2011-2012 2010-2011 fiscal year only,
225the funds in a special law enforcement trust fund established by
226the governing body of a municipality may be expended to
227reimburse the general fund of the municipality for moneys
228advanced from the general fund to the special law enforcement
229trust fund prior to October 1, 2001. This paragraph expires July
2301, 2012 2011.
231     Section 8.  (1)  In order to implement Specific
232Appropriations 1069, 1070, 1074, 1075, 1115, 1116, 1120, 1121,
2331123, 1126, 1127, 1132, 1141, and 1146 of the 2011-2012 General
234Appropriations Act, the Department of Juvenile Justice must
235comply with the following reimbursement limitations:
236     (a)  No payment to a hospital or a health care provider may
237exceed 110 percent of the Medicare allowable rate for any health
238care services provided if no contract exists between the
239department and either the hospital or the health care provider
240providing services at a hospital;
241     (b)  The department may continue to make payments for
242health care services at the currently contracted rates through
243the current term of the contract if a contract has been executed
244between the department and a hospital or a health care provider
245providing services to a hospital; however, no payments may
246exceed 110 percent of the Medicare allowable rate after the
247current term of the contract expires or after the contract is
248renewed during the 2011-2012 fiscal year;
249     (c)  Payments may not exceed 110 percent of the Medicare
250allowable rate under a contract executed on or after July 1,
2512011, between the department and a hospital or health care
252provider providing services at a hospital;
253     (d)  Notwithstanding the limitations of paragraphs (a),
254(b), and (c), the department may pay up to 125 percent of the
255Medicare allowable rate for health care services at a hospital
256that reports or has reported a negative operating margin for the
257previous fiscal year to the Agency for Health Care
258Administration through hospital-audited financial data; and
259     (e)  The department may not execute a contract for health
260care services at hospitals for rates other than rates based on a
261percentage of the Medicare allowable rate.
262     (2)  For purposes of this section, the term "hospital"
263means any hospital licensed under chapter 395, Florida Statutes.
264     (3)  This section expires July 1, 2012.
265     Section 9.  In order to implement Specific Appropriations
266310 through 339 of the 2011-2012 General Appropriations Act,
267paragraphs (b) and (c) of subsection (3) of section 394.908,
268Florida Statutes, are amended to read:
269     394.908  Substance abuse and mental health funding equity;
270distribution of appropriations.-In recognition of the historical
271inequity in the funding of substance abuse and mental health
272services for the department's districts and regions and to
273rectify this inequity and provide for equitable funding in the
274future throughout the state, the following funding process shall
275be used:
276     (3)
277     (b)  Notwithstanding paragraph (a) and for the 2011-2012
2782010-2011 fiscal year only, funds appropriated for forensic
279mental health treatment services shall be allocated to the areas
280of the state having the greatest demand for services and
281treatment capacity. This paragraph expires July 1, 2012 2011.
282     (c)  Notwithstanding paragraph (a) and for the 2011-2012
2832010-2011 fiscal year only, additional funds appropriated for
284substance abuse and mental health services from funds available
285through the Community-Based Medicaid Administrative Claiming
286Program shall be allocated as provided in the 2011-2012 2010-
2872011 General Appropriations Act and in proportion to contributed
288provider earnings. This paragraph expires July 1, 2012 2011.
289     Section 10.  In order to implement Specific Appropriation
290465 of the 2011-2012 General Appropriations Act, and for the
2912011-2012 fiscal year only, the following requirements shall
292govern the completion of Phase 2 and Phase 3 of the Department
293of Health's Florida Onsite Sewage Nitrogen Reduction Strategies
294Study:
295     (1)  The underlying contract for which the study was let
296shall remain in full force and effect with the Department of
297Health, and funding the contract for the completion of Phase 2
298and Phase 3 of the study shall be through the Department of
299Health.
300     (2)  The Department of Health, the Department of Health's
301Research Review and Advisory Committee, and the Department of
302Environmental Protection shall work together to provide the
303necessary technical oversight of the completion of Phase 2 and
304Phase 3 of the study.
305     (3)  Management and oversight of the completion of Phase 2
306and Phase 3 shall be consistent with the terms of the existing
307contract. However, the main focus and priority for work to be
308completed for Phase 3 shall be in developing, testing, and
309recommending cost-effective passive technology design criteria
310for nitrogen reduction.
311     (4)  The systems installed at home sites are experimental
312in nature and shall be installed with significant field testing
313and monitoring. The Department of Health is specifically
314authorized to allow installation of these experimental systems.
315In addition, before Phase 3 of the study is complete and
316notwithstanding any law to the contrary, a state agency may not
317adopt or implement a rule or policy that:
318     (a)  Mandates, establishes, or implements more restrictive
319nitrogen-reduction standards that apply to existing or new
320onsite sewage treatment systems or modification of such systems;
321     (b)  Directly requires or has the indirect effect of
322requiring, for nitrogen reduction, the use of performance-based
323treatment systems, or any similar technology. However,
324Department of Environmental Protection administrative orders
325recognizing onsite system modifications, developed through a
326basin management action plan adopted pursuant to s. 403.067,
327Florida Statutes, are not subject to the restrictions of this
328subsection for onsite system modifications phased in after
329completion of Phase 3.
330     (5)  This section expires July 1, 2012.
331     Section 11.  In order to implement Specific Appropriations
332259 through 357 of the 2011-2012 General Appropriations Act,
333subsection (3) of section 1 of chapter 2007-174, Laws of
334Florida, is amended to read:
335     Section 1.  Flexibility for the Department of Children and
336Family Services.-
337     (3)  This section expires July 1, 2012 June 30, 2008.
338     Section 12.  In order to implement Specific Appropriations
339171 and 177 through 179 and 182 of the 2011-2012 General
340Appropriations Act, the calculations of the Medicaid Low-Income
341Pool, Disproportionate Share Hospital, and Hospital Exemptions
342Programs for the 2011-2012 fiscal year in the document entitled
343"Medicaid Supplemental Hospital Funding Programs" dated March
34431, 2011, and filed with the Clerk of the House of
345Representatives, are incorporated by reference for the purpose
346of displaying the calculations used by the Legislature,
347consistent with the requirements of the Florida Statutes, in
348making appropriations for the Low-Income Pool, Disproportionate
349Share Hospital, and Hospital Exemptions Programs.
350     Section 13.  In order to implement Specific Appropriation
3512341A of the 2011-2012 General Appropriations Act, the Florida
352Catastrophic Storm Risk Management Center at Florida State
353University shall conduct the analysis as originally required in
354section 164 of chapter 2004-390, Laws of Florida.
355Notwithstanding section 164 of chapter 2004-390, Laws of
356Florida, the Florida Catastrophic Storm Risk Management Center
357at Florida State University is directed to use the most recent
358and available premium data for personal lines property and
359casualty insurance in completing the analysis.
360     Section 14.  In order to implement Specific Appropriations
3612574 through 2584 of the 2011-2012 General Appropriations Act,
362the Department of Management Services shall use interest
363earnings of the Communications Working Capital Trust Fund as the
364funding source for its responsibilities for the administration
365of the MyFlorida.com portal.
366     Section 15.  In order to implement Specific Appropriations
3672173 through 2195 of the 2011-2012 General Appropriations Act,
368subsection (13) of section 253.034, Florida Statutes, is amended
369to read:
370     253.034  State-owned lands; uses.-
371     (13)  Notwithstanding the provisions of this section, funds
372derived from the sale of the Department of Citrus' property
373located in Lakeland, Florida, are authorized to be deposited
374into the Citrus Advertising Trust Fund. This subsection expires
375July 1, 2012 2011.
376     Section 16.  In order to implement Specific Appropriation
3771648A of the 2011-2012 General Appropriations Act, paragraph (b)
378of subsection (3) of section 375.041, Florida Statutes, is
379amended to read:
380     375.041  Land Acquisition Trust Fund.-
381     (3)
382     (b)  In addition to the uses allowed in paragraph (a), for
383the 2011-2012 2010-2011 fiscal year, moneys in the Land
384Acquisition Trust Fund are authorized for transfer to support
385the Total Maximum Daily Loads Clean Water State Revolving Fund,
386the Drinking Water State Revolving Fund, the Total Maximum Daily
387Loads programs, and the Marine Spatial Planning programs as
388provided in the General Appropriations Act. This paragraph
389expires July 1, 2012 2011.
390     Section 17.  In order to implement Specific Appropriation
3911580A of the 2011-2012 General Appropriations Act, subsection
392(12) of section 373.59, Florida Statutes, is amended to read:
393     373.59  Water Management Lands Trust Fund.-
394     (12)  Notwithstanding subsection (8), and for the 2011-2012
3952010-2011 fiscal year only, the moneys from the Water Management
396Lands Trust Fund shall be allocated as follows:
397     (a)  An amount necessary to pay debt service on bonds
398issued before February 1, 2009, by the South Florida Water
399Management District and the St. Johns River Water Management
400District, which are secured by revenues provided pursuant to
401this section, or to fund debt service reserve funds, rebate
402obligations, or other amounts payable with respect to such
403bonds;
404     (b)  Eight million dollars to be transferred to the General
405Revenue Fund; and
406     (c)  The remaining funds to be distributed equally between
407the Suwannee River Water Management District and the Northwest
408Florida Water Management District.; and
409     (d)  For the 2010-2011 fiscal year only, the sum of $50,000
410from the Water Management Lands Trust Fund shall be transferred
411to the General Inspection Trust Fund in the Department of
412Agriculture and Consumer Services for the soil and water
413conservation districts for support services.
414
415This subsection expires July 1, 2012 2011.
416     Section 18.  In order to implement Specific Appropriations
4171649 through 1651 and 1653 and section 60 of the 2011-2012
418General Appropriations Act, paragraph (g) of subsection (1) of
419section 403.1651, Florida Statutes, is reenacted to read:
420     403.1651  Ecosystem Management and Restoration Trust Fund.-
421     (1)  There is created the Ecosystem Management and
422Restoration Trust Fund to be administered by the Department of
423Environmental Protection for the purposes of:
424     (g)  Funding activities to preserve and repair the state's
425beaches as provided in ss. 161.091-161.212.
426     Section 19.  The amendment to s. 403.1651(1)(g), Florida
427Statutes, as carried forward by this act from chapter 2010-153,
428Laws of Florida, shall expire July 1, 2012, and the text of that
429paragraph shall revert to that in existence on June 30, 2009,
430except that any amendments to such text enacted other than by
431this act shall be preserved and continue to operate to the
432extent that such amendments are not dependent upon the portions
433of such text which expire pursuant to this section.
434     Section 20.  In order to implement Specific Appropriations
4351324 through 1475 of the 2011-2012 General Appropriations Act,
436subsection (2) of section 570.20, Florida Statutes, is amended
437to read:
438     570.20  General Inspection Trust Fund.-
439     (2)  For the 2011-2012 2010-2011 fiscal year only and
440notwithstanding any other provision of law to the contrary, in
441addition to the spending authorized in subsection (1), moneys in
442the General Inspection Trust Fund may be appropriated for
443programs operated by the department which are related to the
444programs authorized by this chapter. This subsection expires
445July 1, 2012 2011.
446     Section 21.  In order to implement Specific Appropriation
4471703Z of the 2011-2012 General Appropriations Act, subsection
448(5) of section 403.7095, Florida Statutes, is amended to read:
449     403.7095  Solid waste management grant program.-
450     (5)  Notwithstanding any provision of this section to the
451contrary, and for the 2011-2012 2010-2011 fiscal year only, the
452Department of Environmental Protection shall award the sum of
453$2,400,000 in grants equally to counties having populations of
454fewer than 100,000 for waste tire and litter prevention,
455recycling education, and general solid waste programs. This
456subsection expires July 1, 2012 2011.
457     Section 22.  In order to implement Specific Appropriation
4581430 of the 2011-2012 General Appropriations Act and to provide
459consistency and continuity in the promotion of agriculture
460throughout the state, notwithstanding s. 287.057, Florida
461Statutes, the Department of Agriculture and Consumer Services,
462at its discretion, may extend, revise, and renew current
463contracts or agreements created or entered into pursuant to
464chapter 2006-25, Laws of Florida. This section expires July 1,
4652012.
466     Section 23.  In order to implement Specific Appropriations
4671918A through 1919, 1925A through 1925D, 1938C through 1939, and
4681976A through 1976K of the 2011-2012 General Appropriations Act,
469paragraph (a) of subsection (4) of section 339.135, Florida
470Statutes, is amended to read:
471     339.135  Work program; legislative budget request;
472definitions; preparation, adoption, execution, and amendment.-
473     (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.-
474     (a)1.  To assure that no district or county is penalized
475for local efforts to improve the State Highway System, the
476department shall, for the purpose of developing a tentative work
477program, allocate funds for new construction to the districts,
478except for the turnpike enterprise, based on equal parts of
479population and motor fuel tax collections. Funds for
480resurfacing, bridge repair and rehabilitation, bridge fender
481system construction or repair, public transit projects except
482public transit block grants as provided in s. 341.052, and other
483programs with quantitative needs assessments shall be allocated
484based on the results of these assessments. The department may
485not transfer any funds allocated to a district under this
486paragraph to any other district except as provided in subsection
487(7). Funds for public transit block grants shall be allocated to
488the districts pursuant to s. 341.052. Funds for the intercity
489bus program provided for under s. 5311(f) of the federal
490nonurbanized area formula program shall be administered and
491allocated directly to eligible bus carriers as defined in s.
492341.031(12) at the state level rather than the district. In
493order to provide state funding to support the intercity bus
494program provided for under provisions of the federal 5311(f)
495program, the department shall allocate an amount equal to the
496federal share of the 5311(f) program from amounts calculated
497pursuant to s. 206.46(3).
498     2.  Notwithstanding the provisions of subparagraph 1., the
499department shall allocate at least 50 percent of any new
500discretionary highway capacity funds to the Florida Strategic
501Intermodal System created pursuant to s. 339.61. Any remaining
502new discretionary highway capacity funds shall be allocated to
503the districts for new construction as provided in subparagraph
5041. For the purposes of this subparagraph, the term "new
505discretionary highway capacity funds" means any funds available
506to the department above the prior year funding level for
507capacity improvements, which the department has the discretion
508to allocate to highway projects.
509     3.  Notwithstanding subparagraphs 1. and 2. and ss.
510201.15(1)(c)1.a.-d., 206.46(3), 334.044(26), and 339.2819(3),
511and for the 2011-2012 2010-2011 fiscal year only, the department
512shall reduce work program levels to balance the finance plan to
513the revised funding levels resulting from any reduction in the
5142011-2012 2010-2011 General Appropriations Act. This
515subparagraph expires July 1, 2012 2011.
516     4.  For the 2011-2012 2009-2010 fiscal year only, prior to
517any project or phase thereof being deferred, the department's
518cash balances shall be as provided in paragraph (6)(b), and the
519reductions in subparagraph 3. shall be made to financial
520projects not programmed for contract letting as identified with
521a work program contract class code 8 and the box code RV. These
522reductions shall not negatively impact safety or maintenance or
523project contingency percentage levels as of March 22, 2011 April
52421, 2009. This subparagraph expires July 1, 2012 2010.
525     5.  Notwithstanding subparagraphs 1. and 2. and ss.
526206.46(3) and 334.044(26), and for fiscal years 2009-2010
527through 2013-2014 only, the department shall annually allocate
528up to $15 million of the first proceeds of the increased
529revenues estimated by the November 2009 Revenue Estimating
530Conference to be deposited into the State Transportation Trust
531Fund to provide for the portion of the transfer of funds
532included in s. 343.58(4)(a)1.a. or 2.a., whichever is
533applicable. The transfer of funds included in s. 343.58(4) shall
534not negatively impact projects included in fiscal years 2009-
5352010 through 2013-2014 of the work program as of July 1, 2009,
536as amended pursuant to subsection (7). This subparagraph expires
537July 1, 2014.
538     Section 24.  In order to implement Specific Appropriations
5391918B and 1938S of the 2011-2012 General Appropriations Act,
540subsection (5) of section 339.135, Florida Statutes, is amended
541to read:
542     339.135  Work program; legislative budget request;
543definitions; preparation, adoption, execution, and amendment.-
544     (5)  ADOPTION OF THE WORK PROGRAM.-
545     (a)  The original approved budget for operational and fixed
546capital expenditures for the department shall be the Governor's
547budget recommendation and the first year of the tentative work
548program, as both are amended by the General Appropriations Act
549and any other act containing appropriations. In accordance with
550the appropriations act, the department shall, prior to the
551beginning of the fiscal year, adopt a final work program which
552shall only include the original approved budget for the
553department for the ensuing fiscal year together with any roll
554forwards approved pursuant to paragraph (6)(c) and the portion
555of the tentative work program for the following 4 fiscal years
556revised in accordance with the original approved budget for the
557department for the ensuing fiscal year together with said roll
558forwards. The adopted work program may include only those
559projects submitted as part of the tentative work program
560developed under the provisions of subsection (4) plus any
561projects which are separately identified by specific
562appropriation in the General Appropriations Act and any roll
563forwards approved pursuant to paragraph (6)(c). However, any
564transportation project of the department which is identified by
565specific appropriation in the General Appropriations Act shall
566be deducted from the funds annually distributed to the
567respective district pursuant to paragraph (4)(a). In addition,
568the department shall not in any year include any project or
569allocate funds to a program in the adopted work program that is
570contrary to existing law for that particular year. Projects
571shall not be undertaken unless they are listed in the adopted
572work program.
573     (b)  Notwithstanding paragraph (a), and for the 2011-2012
5742010-2011 fiscal year only, the Department of Transportation
575shall transfer funds to the Office of Tourism, Trade, and
576Economic Development in an amount equal to $15,300,000
577$20,300,000 for the purpose of funding transportation-related
578needs of economic development projects. This transfer shall not
579reduce, delete, or defer any existing projects funded, as of
580July 1, 2011 2009, in the Department of Transportation's 5-year
581work program. This paragraph expires July 1, 2012 2011.
582     (c)  Notwithstanding paragraph (a), and for the 2011-2012
583fiscal year only, the Department of Transportation shall fund
584airport development projects specified in the General
585Appropriations Act and shall not reduce, delete, or defer any
586existing projects funded, as of July 1, 2011, in the Department
587of Transportation's 5-year work program. This paragraph expires
588July 1, 2012.
589     Section 25.  In order to implement section 72 of the 2011-
5902012 General Appropriations Act, subsection (4) of section
591339.08, Florida Statutes, is amended to read:
592     339.08  Use of moneys in State Transportation Trust Fund.-
593     (4)  For the 2011-2012 2010-2011 fiscal year only and
594notwithstanding the provisions of this section and ss. 339.09(1)
595and 215.32(2)(b)4., funds may be transferred from the State
596Transportation Trust Fund to the State School Trust Fund or the
597General Revenue Fund as specified in the General Appropriations
598Act. Notwithstanding ss. 206.46(3) and 206.606(2), the total
599amount transferred shall be reduced from total state revenues
600deposited into the State Transportation Trust Fund for the
601calculation requirements of ss. 206.46(3) and 206.606(2). This
602subsection expires July 1, 2012 2011.
603     Section 26.  In order to implement Specific Appropriation
6042008 of the 2011-2012 General Appropriations Act, subsection
605(11) of section 445.009, Florida Statutes, is amended to read:
606     445.009  One-stop delivery system.-
607     (11)(a)  A participant in an adult or youth work experience
608activity administered under this chapter shall be deemed an
609employee of the state for purposes of workers' compensation
610coverage. In determining the average weekly wage, all
611remuneration received from the employer shall be considered a
612gratuity, and the participant shall not be entitled to any
613benefits otherwise payable under s. 440.15, regardless of
614whether the participant may be receiving wages and remuneration
615from other employment with another employer and regardless of
616his or her future wage-earning capacity.
617     (b)  This subsection expires July 1, 2012 2011.
618     Section 27.  In order to implement Specific Appropriation
6191498 of the 2011-2012 General Appropriations Act, paragraph (d)
620of subsection (3) of section 163.3247, Florida Statutes, is
621reenacted to read:
622     163.3247  Century Commission for a Sustainable Florida.-
623     (3)  CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;
624CREATION; ORGANIZATION.-The Century Commission for a Sustainable
625Florida is created as a standing body to help the citizens of
626this state envision and plan their collective future with an eye
627towards both 25-year and 50-year horizons.
628     (d)  Members of the commission shall serve without
629compensation.
630     Section 28.  The amendment to s. 163.3247(3)(d), Florida
631Statutes, as carried forward by this act from chapter 2010-153,
632Laws of Florida, shall expire on July 1, 2012, and the text of
633that paragraph shall revert to that in existence on June 30,
6342010, except that any amendments to such text enacted other than
635by this act shall be preserved and continue to operate to the
636extent that such amendments are not dependent upon the portions
637of such text which expire pursuant to this section.
638     Section 29.  In order to implement Specific Appropriation
6391498 of the 2011-2012 General Appropriations Act, paragraph (c)
640of subsection (1) of section 201.15, Florida Statutes, is
641reenacted to read:
642     201.15  Distribution of taxes collected.-All taxes
643collected under this chapter are subject to the service charge
644imposed in s. 215.20(1). Prior to distribution under this
645section, the Department of Revenue shall deduct amounts
646necessary to pay the costs of the collection and enforcement of
647the tax levied by this chapter. Such costs and the service
648charge may not be levied against any portion of taxes pledged to
649debt service on bonds to the extent that the costs and service
650charge are required to pay any amounts relating to the bonds.
651After distributions are made pursuant to subsection (1), all of
652the costs of the collection and enforcement of the tax levied by
653this chapter and the service charge shall be available and
654transferred to the extent necessary to pay debt service and any
655other amounts payable with respect to bonds authorized before
656January 1, 2010, secured by revenues distributed pursuant to
657subsection (1). All taxes remaining after deduction of costs and
658the service charge shall be distributed as follows:
659     (1)  Sixty-three and thirty-one hundredths percent of the
660remaining taxes shall be used for the following purposes:
661     (c)  After the required payments under paragraphs (a) and
662(b), the remainder shall be paid into the State Treasury to the
663credit of:
664     1.  The State Transportation Trust Fund in the Department
665of Transportation in the amount of the lesser of 38.2 percent of
666the remainder or $541.75 million in each fiscal year, to be used
667for the following specified purposes, notwithstanding any other
668law to the contrary:
669     a.  For the purposes of capital funding for the New Starts
670Transit Program, authorized by Title 49, U.S.C. s. 5309 and
671specified in s. 341.051, 10 percent of these funds;
672     b.  For the purposes of the Small County Outreach Program
673specified in s. 339.2818, 5 percent of these funds. Effective
674July 1, 2014, the percentage allocated under this sub-
675subparagraph shall be increased to 10 percent;
676     c.  For the purposes of the Strategic Intermodal System
677specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
678of these funds after allocating for the New Starts Transit
679Program described in sub-subparagraph a. and the Small County
680Outreach Program described in sub-subparagraph b.; and
681     d.  For the purposes of the Transportation Regional
682Incentive Program specified in s. 339.2819, 25 percent of these
683funds after allocating for the New Starts Transit Program
684described in sub-subparagraph a. and the Small County Outreach
685Program described in sub-subparagraph b. Effective July 1, 2014,
686the first $60 million of the funds allocated pursuant to this
687sub-subparagraph shall be allocated annually to the Florida Rail
688Enterprise for the purposes established in s. 341.303(5).
689     2.  The Grants and Donations Trust Fund in the Department
690of Community Affairs in the amount of the lesser of .23 percent
691of the remainder or $3.25 million in each fiscal year to fund
692technical assistance to local governments and school boards on
693the requirements and implementation of this act.
694     3.  The Ecosystem Management and Restoration Trust Fund in
695the amount of the lesser of 2.12 percent of the remainder or $30
696million in each fiscal year, to be used for the preservation and
697repair of the state's beaches as provided in ss. 161.091-
698161.212.
699     4.  General Inspection Trust Fund in the amount of the
700lesser of .02 percent of the remainder or $300,000 in each
701fiscal year to be used to fund oyster management and restoration
702programs as provided in s. 379.362(3).
703
704Moneys distributed pursuant to this paragraph may not be pledged
705for debt service unless such pledge is approved by referendum of
706the voters.
707     Section 30.  The amendment to s. 201.15(1)(c)2., Florida
708Statutes, as carried forward by this act from chapter 2010-153,
709Laws of Florida, shall expire on July 1, 2012, and the text of
710that subparagraph shall revert to that in existence on June 30,
7112010, except that any amendments to such text enacted other than
712by this act shall be preserved and continue to operate to the
713extent that such amendments are not dependent upon the portions
714of such text which expire pursuant to this section.
715     Section 31.  In order to implement Specific Appropriations
7161918A through 1919, 1925A through 1925D, 1938C through 1939, and
7171976A through 1976K of the 2011-2012 General Appropriations Act,
718subsection (3) of section 206.608, Florida Statutes, is amended
719to read:
720     206.608  State Comprehensive Enhanced Transportation System
721Tax; deposit of proceeds; distribution.-Moneys received pursuant
722to ss. 206.41(1)(f) and 206.87(1)(d) shall be deposited in the
723Fuel Tax Collection Trust Fund, and, after deducting the service
724charge imposed in chapter 215 and administrative costs incurred
725by the department in collecting, administering, enforcing, and
726distributing the tax, which administrative costs may not exceed
7272 percent of collections, shall be distributed as follows:
728     (3)  For the 2011-2012 2010-2011 fiscal year only, and
729notwithstanding the provisions of subsection (2), the remaining
730proceeds of the tax levied pursuant to s. 206.41(1)(f) and all
731of the proceeds from the tax imposed by s. 206.87(1)(d) shall be
732transferred into the State Transportation Trust Fund and shall
733be used for the purposes stated in s. 339.08. This subsection
734expires July 1, 2012 2011.
735     Section 32.  In order to implement the appropriation of
736funds in Special Categories-Risk Management Insurance of the
7372011-2012 General Appropriations Act, and pursuant to the
738notice, review, and objection procedures of s. 216.177, Florida
739Statutes, the Executive Office of the Governor is authorized to
740transfer funds appropriated in the appropriation category
741"Special Categories-Risk Management Insurance" of the 2011-2012
742General Appropriations Act between departments in order to align
743the budget authority granted with the premiums paid by each
744department for risk management insurance. This section expires
745July 1, 2012.
746     Section 33.  In order to implement the appropriation of
747funds in Special Categories-Transfer to Department of Management
748Services-Human Resources Services Purchased Per Statewide
749Contract of the 2011-2012 General Appropriations Act, and
750pursuant to the notice, review, and objection procedures of s.
751216.177, Florida Statutes, the Executive Office of the Governor
752is authorized to transfer funds appropriated in the
753appropriation category "Special Categories-Transfer to
754Department of Management Services-Human Resources Services
755Purchased Per Statewide Contract" of the 2011-2012 General
756Appropriations Act between departments in order to align the
757budget authority granted with the assessments that must be paid
758by each agency to the Department of Management Services for
759human resource management services. This section expires July 1,
7602012.
761     Section 34.  In order to implement specific appropriations
762for salaries and benefits in the 2011-2012 General
763Appropriations Act, paragraph (a) of subsection (12) of section
764110.123, Florida Statutes, is amended to read:
765     110.123  State group insurance program.-
766     (12)  HEALTH SAVINGS ACCOUNTS.-The department is authorized
767to establish health savings accounts for full-time and part-time
768state employees in association with a health insurance plan
769option authorized by the Legislature and conforming to the
770requirements and limitations of federal provisions relating to
771the Medicare Prescription Drug, Improvement, and Modernization
772Act of 2003.
773     (a)1.  A member participating in this health insurance plan
774option shall be eligible to receive an employer contribution
775into the employee's health savings account from the State
776Employees Health Insurance Trust Fund in an amount to be
777determined by the Legislature. A member is not eligible for an
778employer contribution upon termination of employment. For the
7792011-2012 2010-2011 fiscal year, the state's monthly
780contribution for employees having individual coverage shall be
781$41.66 and the monthly contribution for employees having family
782coverage shall be $83.33.
783     2.  A member participating in this health insurance plan
784option shall be eligible to deposit the member's own funds into
785a health savings account.
786     Section 35.  In order to implement specific appropriations
787for salaries and benefits in the 2011-2012 General
788Appropriations Act, paragraph (b) of subsection (3) of section
789112.24, Florida Statutes, is amended to read:
790     112.24  Intergovernmental interchange of public employees.-
791To encourage economical and effective utilization of public
792employees in this state, the temporary assignment of employees
793among agencies of government, both state and local, and
794including school districts and public institutions of higher
795education is authorized under terms and conditions set forth in
796this section. State agencies, municipalities, and political
797subdivisions are authorized to enter into employee interchange
798agreements with other state agencies, the Federal Government,
799another state, a municipality, or a political subdivision
800including a school district, or with a public institution of
801higher education. State agencies are also authorized to enter
802into employee interchange agreements with private institutions
803of higher education and other nonprofit organizations under the
804terms and conditions provided in this section. In addition, the
805Governor or the Governor and Cabinet may enter into employee
806interchange agreements with a state agency, the Federal
807Government, another state, a municipality, or a political
808subdivision including a school district, or with a public
809institution of higher learning to fill, subject to the
810requirements of chapter 20, appointive offices which are within
811the executive branch of government and which are filled by
812appointment by the Governor or the Governor and Cabinet. Under
813no circumstances shall employee interchange agreements be
814utilized for the purpose of assigning individuals to participate
815in political campaigns. Duties and responsibilities of
816interchange employees shall be limited to the mission and goals
817of the agencies of government.
818     (3)  Salary, leave, travel and transportation, and
819reimbursements for an employee of a sending party that is
820participating in an interchange program shall be handled as
821follows:
822     (b)1.  The assignment of an employee of a state agency
823either on detail or on leave of absence may be made without
824reimbursement by the receiving party for the travel and
825transportation expenses to or from the place of the assignment
826or for the pay and benefits, or a part thereof, of the employee
827during the assignment.
828     2.  For the 2011-2012 2010-2011 fiscal year only, the
829assignment of an employee of a state agency as provided in
830subparagraph 1. may be made if recommended by the Governor or
831Chief Justice, as appropriate, and approved by the chairs of the
832Senate Budget Committee Policy and Steering Committee on Ways
833and Means and the House Appropriations Committee Full
834Appropriations Council on Education and Economic Development.
835Such actions shall be deemed approved if neither chair provides
836written notice of objection within 14 days after the chair's
837receiving notice of the action pursuant to s. 216.177. This
838subparagraph expires July 1, 2012 2011.
839     Section 36.  In order to implement Specific Appropriations
8402536 and 2537 of the 2011-2012 General Appropriations Act and
841notwithstanding the provisions of s. 11.13(1), Florida Statutes,
842the authorized salaries for members of the Legislature for
843fiscal year 2011-2012 shall be set at the same level in effect
844on July 1, 2010. This section expires July 1, 2012.
845     Section 37.  In order to implement the transfer of funds to
846the State School Trust Fund from trust funds in the 2011-2012
847General Appropriations Act, paragraph (b) of subsection (2) of
848section 215.32, Florida Statutes, is amended to read:
849     215.32  State funds; segregation.-
850     (2)  The source and use of each of these funds shall be as
851follows:
852     (b)1.  The trust funds shall consist of moneys received by
853the state which under law or under trust agreement are
854segregated for a purpose authorized by law. The state agency or
855branch of state government receiving or collecting such moneys
856shall be responsible for their proper expenditure as provided by
857law. Upon the request of the state agency or branch of state
858government responsible for the administration of the trust fund,
859the Chief Financial Officer may establish accounts within the
860trust fund at a level considered necessary for proper
861accountability. Once an account is established within a trust
862fund, the Chief Financial Officer may authorize payment from
863that account only upon determining that there is sufficient cash
864and releases at the level of the account.
865     2.  In addition to other trust funds created by law, to the
866extent possible, each agency shall use the following trust funds
867as described in this subparagraph for day-to-day operations:
868     a.  Operations or operating trust fund, for use as a
869depository for funds to be used for program operations funded by
870program revenues, with the exception of administrative
871activities when the operations or operating trust fund is a
872proprietary fund.
873     b.  Operations and maintenance trust fund, for use as a
874depository for client services funded by third-party payors.
875     c.  Administrative trust fund, for use as a depository for
876funds to be used for management activities that are departmental
877in nature and funded by indirect cost earnings and assessments
878against trust funds. Proprietary funds are excluded from the
879requirement of using an administrative trust fund.
880     d.  Grants and donations trust fund, for use as a
881depository for funds to be used for allowable grant or donor
882agreement activities funded by restricted contractual revenue
883from private and public nonfederal sources.
884     e.  Agency working capital trust fund, for use as a
885depository for funds to be used pursuant to s. 216.272.
886     f.  Clearing funds trust fund, for use as a depository for
887funds to account for collections pending distribution to lawful
888recipients.
889     g.  Federal grant trust fund, for use as a depository for
890funds to be used for allowable grant activities funded by
891restricted program revenues from federal sources.
892
893To the extent possible, each agency must adjust its internal
894accounting to use existing trust funds consistent with the
895requirements of this subparagraph. If an agency does not have
896trust funds listed in this subparagraph and cannot make such
897adjustment, the agency must recommend the creation of the
898necessary trust funds to the Legislature no later than the next
899scheduled review of the agency's trust funds pursuant to s.
900215.3206.
901     3.  All such moneys are hereby appropriated to be expended
902in accordance with the law or trust agreement under which they
903were received, subject always to the provisions of chapter 216
904relating to the appropriation of funds and to the applicable
905laws relating to the deposit or expenditure of moneys in the
906State Treasury.
907     4.a.  Notwithstanding any provision of law restricting the
908use of trust funds to specific purposes, unappropriated cash
909balances from selected trust funds may be authorized by the
910Legislature for transfer to the State School Trust Fund, Budget
911Stabilization Fund, and General Revenue Fund in the General
912Appropriations Act.
913     b.  This subparagraph does not apply to trust funds
914required by federal programs or mandates; trust funds
915established for bond covenants, indentures, or resolutions whose
916revenues are legally pledged by the state or public body to meet
917debt service or other financial requirements of any debt
918obligations of the state or any public body; the Division of
919Licensing Trust Fund in the Department of Agriculture and
920Consumer Services; the State Transportation Trust Fund; the
921trust fund containing the net annual proceeds from the Florida
922Education Lotteries; the Florida Retirement System Trust Fund;
923trust funds under the management of the State Board of Education
924or the Board of Governors of the State University System, where
925such trust funds are for auxiliary enterprises, self-insurance,
926and contracts, grants, and donations, as those terms are defined
927by general law; trust funds that serve as clearing funds or
928accounts for the Chief Financial Officer or state agencies;
929trust funds that account for assets held by the state in a
930trustee capacity as an agent or fiduciary for individuals,
931private organizations, or other governmental units; and other
932trust funds authorized by the State Constitution.
933     Section 38.  The amendment to s. 215.32(2)(b), Florida
934Statutes, as carried forward by this act from chapter 2010-153,
935Laws of Florida, shall expire on July 1, 2012, and the text of
936that paragraph shall revert to that in existence on June 30,
9372010, except that any amendments to such text enacted other than
938by this act shall be preserved and continue to operate to the
939extent that such amendments are not dependent upon the portions
940of such text which expire pursuant to this section.
941     Section 39.  In order to implement the issuance of new debt
942authorized in the 2011-2012 General Appropriations Act, and
943pursuant to the requirements of s. 215.98, Florida Statutes, the
944Legislature determines that the authorization and issuance of
945debt for the 2011-2012 fiscal year should be implemented and is
946in the best interest of the state and necessary to address a
947critical state emergency. This section expires July 1, 2012.
948     Section 40.  In order to implement the funds appropriated
949in the 2011-2012 General Appropriations Act for state employee
950travel, the funds appropriated to each state agency, which may
951be used for travel by state employees, shall be limited during
952the 2011-2012 fiscal year to travel for activities that are
953critical to each state agency's mission. Funds may not be used
954to pay for travel by state employees to foreign countries, other
955states, conferences, staff-training activities, or other
956administrative functions unless the agency head has approved in
957writing that such activities are critical to the agency's
958mission. The agency head must consider the use of
959teleconferencing and other forms of electronic communication to
960meet the needs of the proposed activity before approving
961mission-critical travel. This section does not apply to travel
962for law enforcement purposes, military purposes, emergency
963management activities, or public health activities. This section
964expires July 1, 2012.
965     Section 41.  In order to implement the appropriations
966authorized in the 2011-2012 General Appropriations Act for each
967of the state's designated primary data centers, which are funded
968from the data processing appropriation category and other
969categories used to pay for computing services of user agencies,
970and pursuant to the notice, review, and objection procedures of
971s. 216.177, Florida Statutes, the Executive Office of the
972Governor is authorized to transfer funds appropriated in any
973appropriation category used to pay for data processing in the
9742011-2012 General Appropriations Act between agencies in order
975to align the budget authority granted with the utilization rate
976of each department. This section expires July 1, 2012.
977     Section 42.  In order to implement the appropriations
978authorized in the 2011-2012 General Appropriations Act and
979notwithstanding s. 216.181(2)(c), Florida Statutes, an agency
980may transfer funds from the data processing appropriation
981categories to another appropriation category for the purpose of
982supporting and managing its computer resources until such time
983as the agency's data processing function is transferred to the
984Southwood Shared Resource Center, the Northwood Shared Resource
985Center, or the Northwest Regional Data Center. This section
986expires July 1, 2012.
987     Section 43.  In order to implement Specific Appropriation
9881983B of the 2011-2012 General Appropriations Act, the Executive
989Office of the Governor is authorized to transfer funds
990appropriated in the appropriation category "Data Processing
991Services - Southwood Shared Resource Center" of the 2011-2012
992General Appropriations Act between agencies in order to properly
993allocate a reduction in budget for the Southwood Shared Resource
994Center. This section expires July 1, 2012.
995     Section 44.  In order to implement Specific Appropriation
9961978A of the 2011-2012 General Appropriations Act, the Executive
997Office of the Governor is authorized to transfer funds
998appropriated in the appropriation category "Expenses" of the
9992011-2012 General Appropriations Act between agencies in order
1000to allocate a reduction relating to SUNCOM Services. This
1001section expires July 1, 2012.
1002     Section 45.  In order to implement section 8 of the General
1003Appropriations Act for the 2011-2012 fiscal year, paragraph (a)
1004of subsection (7) of section 110.12315, Florida Statutes, is
1005reenacted to read:
1006     110.12315  Prescription drug program.-The state employees'
1007prescription drug program is established. This program shall be
1008administered by the Department of Management Services, according
1009to the terms and conditions of the plan as established by the
1010relevant provisions of the annual General Appropriations Act and
1011implementing legislation, subject to the following conditions:
1012     (7)  Under the state employees' prescription drug program
1013copayments must be made as follows:
1014     (a)  Effective January 1, 2011, for the State Group Health
1015Insurance Standard Plan:
1016     1.  For generic drug with card     $7.
1017     2.  For preferred brand name drug with card     $30.
1018     3.  For nonpreferred brand name drug with card     $50.
1019     4.  For generic mail order drug     $14.
1020     5.  For preferred brand name mail order drug     $60.
1021     6.  For nonpreferred brand name mail order drug     $100.
1022     Section 46.  The amendment to s. 110.12315(7)(a), Florida
1023Statutes, as carried forward by this act from chapter 2010-153,
1024Laws of Florida, shall expire on July 1, 2012, and the text of
1025that paragraph shall revert to that in existence on December 31,
10262010, except that any amendments to such text enacted other than
1027by this act shall be preserved and continue to operate to the
1028extent that such amendments are not dependent upon the portions
1029of such text which expire pursuant to this section.
1030     Section 47.  Any section of this act that implements a
1031specific appropriation or specifically identified proviso
1032language in the 2011-2012 General Appropriations Act is void if
1033the specific appropriation or specifically identified proviso
1034language is vetoed. A section of this act that implements more
1035than one specific appropriation or more than one portion of
1036specifically identified proviso language in the 2011-2012
1037General Appropriations Act is void if all the specific
1038appropriations or portions of specifically identified proviso
1039language are vetoed.
1040     Section 48.  If any other act passed during the 2011
1041Regular Session contains a provision that is substantively the
1042same as a provision in this act, but that removes or is
1043otherwise not subject to the future repeal applied to such
1044provision by this act, the Legislature intends that the
1045provision in the other act takes precedence and continues to
1046operate, notwithstanding the future repeal provided by this act.
1047     Section 49.  If any provision of this act or its
1048application to any person or circumstance is held invalid, the
1049invalidity does not affect other provisions or applications of
1050the act which can be given effect without the invalid provision
1051or application, and to this end the provisions of this act are
1052severable.
1053     Section 50.  Except as otherwise expressly provided in this
1054act and except for this section, which shall take effect June
105529, 2011, this act shall take effect July 1, 2011; or, if this
1056act fails to become a law until after that date, it shall take
1057effect upon becoming a law and shall operate retroactively to
1058July 1, 2011.


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