Bill Text: FL S2002 | 2011 | Regular Session | Enrolled
Bill Title: Implementing 2011-2012 General Appropriations Act
Spectrum: Committee Bill
Status: (Enrolled - Dead) 2011-05-07 - Ordered engrossed, then enrolled -SJ 1848 [S2002 Detail]
Download: Florida-2011-S2002-Enrolled.html
ENROLLED 2011 Legislature SB 2002, 2nd Engrossed 20112002er 1 2 An act implementing the 2011-2012 General 3 Appropriations Act; providing legislative intent; 4 incorporating by reference certain calculations of the 5 Florida Education Finance Program for the 2011-2012 6 fiscal year; amending s. 216.292, F.S.; authorizing 7 the transfer of funds between appropriation categories 8 to fund fixed capital outlay projects for public 9 schools upon certain approval; authorizing the use of 10 funds from the Workers’ Compensation Administration 11 Trust Fund for the Ready to Work Program; authorizing 12 a university board of trustees to expend reserve or 13 carry-forward balances for the establishment of a new 14 campus; amending s. 394.908, F.S.; providing 15 allocation requirements for specified funds 16 appropriated for forensic mental health services; 17 providing requirements relating to implementing phase 18 3 of the Department of Health’s Florida Onsite Sewage 19 Nitrogen Reduction Strategies Study; amending s. 1 of 20 chapter 2007-174, Laws of Florida; revising the 21 expiration of provisions authorizing certain 22 flexibility for the Department of Children and Family 23 Services with respect to its organizational structure; 24 incorporating by reference certain calculations of the 25 Medicaid Low-Income Pool, Disproportionate Share 26 Hospital, and Hospital Exemptions Programs; requiring 27 certain budget amendments recommending the release of 28 funds to provide more notice and be subject to certain 29 objection procedures; revising specified 30 appropriations in the General Appropriations Act with 31 respect to the rates for the Title XIX Inpatient 32 Hospital Reimbursement Plan; providing an 33 appropriation for certain public hospitals; revising 34 an appropriation in the General Appropriations Act to 35 implement rates for the Title XIX Outpatient Hospital 36 Reimbursement Plan; requiring the Department of Health 37 to present a plan to the Legislative Budget Commission 38 which estimates the workload and funding needs to 39 implement the onsite sewage treatment and disposal 40 system evaluation program; authorizing the Department 41 of Corrections and the Department of Juvenile Justice 42 to make certain expenditures to defray costs incurred 43 by a municipality or county as a result of opening or 44 operating a facility under the authority of the 45 respective entity; amending s. 216.262, F.S.; 46 providing for additional positions to operate 47 additional prison bed capacity under certain 48 circumstances; authorizing the Department of Legal 49 Affairs to transfer certain funds to pay salaries and 50 benefits; authorizing the Department of Legal Affairs 51 to spend certain appropriated funds on programs that 52 were funded by the department from specific 53 appropriations in general appropriations acts in 54 previous years; amending s. 932.7055, F.S.; 55 authorizing a municipality to expend funds from its 56 special law enforcement trust fund to reimburse the 57 municipality’s general fund; requiring that the 58 Department of Juvenile Justice comply with specified 59 reimbursement limitations with respect to payments to 60 hospitals or health care providers for health care 61 services; authorizing certain payments pursuant to a 62 contracted rate only until the contract expires or is 63 renewed; defining the term “hospital” for purposes of 64 such limitations; relieving the state court system of 65 certain loan repayment obligations; amending s. 66 215.18, F.S.; providing for trust fund loans to the 67 state court system sufficient to meet its 68 appropriation; providing that any funds remaining in 69 the Clerks of the Courts Trust Fund remain available 70 to the clerks; amending s. 29.008, F.S.; providing 71 counties with an exemption from the requirement to 72 annually increase certain expenditures by a specified 73 percentage; amending s. 282.709, F.S.; allowing funds 74 from the State Agency Law Enforcement Radio System 75 Trust Fund to be used for mutual aid buildout 76 maintenance and sustainment; requiring the Florida 77 Catastrophic Storm Risk Management Center at Florida 78 State University to conduct an analysis using certain 79 data; requiring the Department of Management Services 80 to use certain interest earnings to fund the 81 administration of the MyFlorida.com portal; amending 82 s. 253.034, F.S.; authorizing the deposit of funds 83 derived from the sale of property by the Department of 84 Citrus into the Citrus Advertising Trust Fund; 85 amending s. 601.15, F.S.; specifying the maximum tax 86 rate for standard-packed boxes of citrus fruit; 87 providing for the future expiration of such amendment 88 and for the reversion of statutory text; amending s. 89 601.10, F.S.; providing for the executive director of 90 the Department of Citrus to be appointed by a majority 91 vote of the commission, subject to confirmation by the 92 Senate; providing for the future expiration of such 93 amendment and for the reversion of statutory text; 94 amending s. 375.041, F.S.; providing for the transfer 95 of moneys from the Land Acquisition Trust Fund to 96 support the Total Maximum Daily Loads programs; 97 amending s. 373.59, F.S.; providing for the allocation 98 of moneys from the Water Management Lands Trust Fund 99 for certain purposes; reenacting s. 403.1651(1)(g), 100 F.S., relating to the use of funds from the Ecosystem 101 Management and Restoration Trust Fund for the purpose 102 of funding activities to preserve and repair the 103 state’s beaches; providing for the future expiration 104 of certain amendments to such provision and for the 105 reversion of statutory text; amending s. 570.20, F.S.; 106 delaying the expiration of provisions authorizing the 107 Department of Agriculture and Consumer Services to use 108 funds from the General Inspection Trust Fund for 109 certain programs; amending s. 403.7095, F.S.; 110 requiring that the Department of Environmental 111 Protection award a specified amount in grants to 112 certain counties for solid waste programs; authorizing 113 the Department of Agriculture and Consumer Services to 114 extend, revise, and renew current contracts or 115 agreements created or entered into for the purpose of 116 promotion of agriculture; providing that the 117 disposition of state-owned lands is exempt from 118 appraisal requirements and disposition requirements 119 under certain circumstances; requiring state agencies 120 to provide a list of lands that are immediately 121 available for lease or are surplus lands; requiring 122 that the proceeds from the sale of such lands be 123 deposited into the Florida Forever Trust Fund; 124 amending s. 379.204, F.S.; authorizing the Fish and 125 Wildlife Conservation Commission to transfer funds to 126 the Federal Grants Trust Fund to support cash flow 127 needs; requiring the Fish and Wildlife Conservation 128 Commission to suspend publication of the Florida 129 Wildlife Magazine and the operations of the advisory 130 council for the 2011-2012 fiscal year; amending s. 131 339.135, F.S.; delaying the expiration of certain 132 provisions that permit the Department of 133 Transportation to reduce work program levels to 134 balance the finance plan to revised funding levels; 135 delaying the expiration of certain provisions relating 136 to the specifications of the department’s cash 137 balances before a project or phase may be deferred; 138 delaying the expiration of certain provisions relating 139 to the specifications of the department’s cash 140 balances before a project or phase may be deferred; 141 providing that certain reductions do not negatively 142 impact safety or maintenance or project contingency 143 percentage levels as of a specified date; providing 144 for use of transportation revenues; amending s. 145 339.08, F.S.; delaying the expiration of provisions 146 relating to the use of moneys in the State 147 Transportation Trust Fund for certain administrative 148 expenses; authorizing the transfer of funds from the 149 State Transportation Trust Fund to the State School 150 Trust Fund under certain circumstances; providing for 151 all vehicles within the Office of Motor Carrier 152 Compliance to be transferred to the Department of 153 Highway Safety and Motor Vehicles without the payment 154 of certain fees; amending s. 445.009, F.S.; providing 155 that a participant in an adult or youth work 156 experience activity under ch. 445, F.S., is an 157 employee of the state for purposes of workers’ 158 compensation coverage; reenacting s. 163.3247(3)(d), 159 F.S., relating to members of the Century Commission 160 for a Sustainable Florida serving without 161 compensation; providing for the future expiration of 162 certain amendments to such provision and for the 163 reversion of statutory text; reenacting s. 164 201.15(1)(c), F.S., relating to funds deposited into 165 the Grants and Donations Trust Fund in the Department 166 of Community Affairs which are used to fund technical 167 assistance to local governments and school boards; 168 providing for the future expiration of certain 169 amendments to such provision and for the reversion of 170 statutory text; amending s. 206.608, F.S.; providing 171 for continued use of certain taxes deposited into the 172 State Transportation Trust Fund by the Department of 173 Transportation; prohibiting the transfer of funds from 174 the Highway Safety Operating Trust Fund to the 175 Transportation Disadvantaged Trust Fund; including 176 funding for passenger rail in the Transportation 177 Systems Development budget entity; providing that 178 certain sworn law enforcement positions in the Office 179 of Motor Carrier Compliance be placed in the career 180 service upon transfer to the Department of Highway 181 Safety and Motor Vehicles; providing for permanent 182 status upon the transfer of certain positions; 183 authorizing the Department of Transportation to use 184 funds from the Toll Facilities Revolving Trust Fund 185 for certain purposes; authorizing the Executive Office 186 of the Governor to transfer funds between departments 187 for purposes of aligning amounts paid for risk 188 management premiums and for purposes of aligning 189 amounts paid for human resource management services; 190 amending s. 110.123, F.S., relating to the state group 191 insurance program; providing that the state 192 contribution toward the cost of a plan is the 193 difference between the overall premium and the 194 employee contribution; amending s. 112.24, F.S.; 195 providing conditions on the assignment of an employee 196 of a state agency without reimbursement from the 197 receiving agency; providing that the annual salary of 198 the members of the Legislature be maintained at a 199 specified level; amending s. 27.710, F.S.; clarifying 200 certain duties of the executive director of the 201 Justice Administration Commission on Capital Cases; 202 providing for the future expiration of the amendment 203 to such provision and for the reversion of statutory 204 text; reenacting and amending s. 215.32(2)(b), F.S., 205 relating to the source and use of certain trust funds 206 in order to implement the transfer of moneys in the 207 General Revenue Fund from trust funds in the 2011-2012 208 General Appropriations Act; providing for the future 209 expiration of certain amendments to such provision and 210 for the reversion of statutory text; reenacting and 211 amending s. 215.5601(4)(b), F.S., relating to the 212 administration of the Lawton Chiles Endowment Fund; 213 providing for the future expiration of certain 214 amendments to such provision and for the reversion of 215 statutory text; providing a legislative finding that 216 the issuance of new debt is in the best interests of 217 the state and necessary to address a critical state 218 emergency; limiting the use of travel funds to 219 activities that are critical to an agency’s mission; 220 providing exceptions; authorizing agencies scheduled 221 for data center consolidation to accelerate such 222 consolidation; authorizing the establishment of data 223 center positions in exchange for agency positions 224 placed in reserve; authorizing the Executive Office of 225 the Governor to transfer funds between agencies in 226 order to allocate a reduction relating to SUNCOM; 227 reenacting s. 110.12315(7)(a), F.S., relating to 228 copayments for the state employees’ prescription drug 229 program; providing for the future expiration of 230 certain amendments to such provision and for the 231 reversion of statutory text; directing the Department 232 of Management Services to use a tenant broker to 233 renegotiate certain leases and provide a report to the 234 Legislature; requiring the department to renegotiate 235 certain leases and report to the Legislature; 236 requiring the department to issue a solicitation for 237 the Minnesota Multistate Contracting Alliance for 238 Pharmacy agreement as a state term contract; requiring 239 the department to use generic drugs were feasible in 240 developing its preferred drug list; requiring the 241 Agency for Health Care Administration to reprocure the 242 Florida Discount Drug Card Program; providing 243 requirements for the program; providing that revenues 244 derived from the contract be deposited into the 245 agency’s Grants and Donations Trust Fund; amending s. 246 946.515, F.S.; requiring each state agency to submit a 247 report to the Legislature listing products or services 248 obtained from sources other than the prison industries 249 corporation; providing for the effect of a veto of one 250 or more specific appropriations or proviso to which 251 implementing language refers; providing for reversion 252 of statutory text of certain provisions; providing for 253 the continued operation of certain provisions 254 notwithstanding a future repeal or expiration provided 255 by the act; providing for severability; providing 256 effective dates. 257 258 Be It Enacted by the Legislature of the State of Florida: 259 260 Section 1. It is the intent of the Legislature that the 261 implementing and administering provisions of this act apply to 262 the General Appropriations Act for the 2011-2012 fiscal year. 263 Section 2. In order to implement Specific Appropriations 6, 264 7, 8, 68, and 69 of the 2011-2012 General Appropriations Act, 265 the calculations of the Florida Education Finance Program for 266 the 2011-2012 fiscal year in the document entitled “Public 267 School Funding-The Florida Education Finance Program,” dated May 268 3, 2011, and filed with the Secretary of the Senate, are 269 incorporated by reference for the purpose of displaying the 270 calculations used by the Legislature, consistent with the 271 requirements of the Florida Statutes, in making appropriations 272 for the Florida Education Finance Program. 273 Section 3. In order to implement Specific Appropriations 274 15A and 15B of the 2011-2012 General Appropriations Act, 275 paragraph (c) of subsection (3) of section 216.292, Florida 276 Statutes, is amended to read: 277 216.292 Appropriations nontransferable; exceptions.— 278 (3) The following transfers are authorized with the 279 approval of the Executive Office of the Governor for the 280 executive branch or the Chief Justice for the judicial branch, 281 subject to the notice and objection provisions of s. 216.177: 282 (c) The transfer of appropriations for fixed capital outlay 283 from the Survey Recommended Needs-Public Schools appropriation 284 category to the Maintenance, Repair, Renovation and Remodeling 285 appropriation category. The allocation of transferred funds must 286shallbe in accordance with s. 1013.621013.64(1). This 287 paragraph expires July 1, 20122011. 288 Section 4. Notwithstanding ss. 440.50 and 1010.87, Florida 289 Statutes, for the 2011-2012 fiscal year, funds provided in 290 Specific Appropriation 98 of the 2011-2012 General 291 Appropriations Act from the Workers’ Compensation Administration 292 Trust Fund shall be used for the Ready to Work Program created 293 under s. 1004.99, Florida Statutes. This section expires July 1, 294 2012. 295 Section 5. In order to implement Specific Appropriation 119 296 of the 2011-2012 General Appropriations Act and notwithstanding 297 any other law, for the 2011-2012 fiscal year only, a university 298 board of trustees may expend reserve or carry-forward balances 299 from prior year operational and programmatic appropriations for 300 legislatively approved fixed capital outlay projects authorized 301 for the establishment of a new campus. 302 Section 6. In order to implement Specific Appropriations 303 310 through 339 of the 2011-2012 General Appropriations Act, 304 paragraphs (b) and (c) of subsection (3) of section 394.908, 305 Florida Statutes, are amended to read: 306 394.908 Substance abuse and mental health funding equity; 307 distribution of appropriations.—In recognition of the historical 308 inequity in the funding of substance abuse and mental health 309 services for the department’s districts and regions and to 310 rectify this inequity and provide for equitable funding in the 311 future throughout the state, the following funding process shall 312 be used: 313 (3) 314 (b) Notwithstanding paragraph (a) and for the 2011-2012 3152010-2011fiscal year only, funds appropriated for forensic 316 mental health treatment services shall be allocated to the areas 317 of the state having the greatest demand for services and 318 treatment capacity. This paragraph expires July 1, 20122011. 319 (c) Notwithstanding paragraph (a) and for the 2011-2012 3202010-2011fiscal year only, additional funds appropriated for 321 substance abuse and mental health services from funds available 322 through the Community-Based Medicaid Administrative Claiming 323 Program shall be allocated as provided in the 2010-2011 General 324 Appropriations Act and in proportion to contributed provider 325 earnings. This paragraph expires July 1, 20122011. 326 Section 7. In order to implement Specific Appropriation 465 327 of the 2011-2012 General Appropriations Act, and for the 2011 328 2012 fiscal year only, the following requirements govern the 329 completion of Phase 2 and Phase 3 of the Department of Health’s 330 Florida Onsite Sewage Nitrogen Reduction Strategies Study: 331 (1) The Department of Health’s underlying contract for the 332 study remains in full force and effect and funding for 333 completion of Phase 2 and Phase 3 is through the Department of 334 Health. 335 (2) The Department of Health, the Department of Health’s 336 Research Review and Advisory Committee, and the Department of 337 Environmental Protection shall work together to provide the 338 necessary technical oversight of the completion of Phase 2 and 339 Phase 3 of the project. 340 (3) Management and oversight of the completion of Phase 2 341 and Phase 3 must be consistent with the terms of the existing 342 contract. However, the main focus and priority to be completed 343 during Phase 3 shall be developing, testing, and recommending 344 cost-effective passive technology design criteria for nitrogen 345 reduction. 346 (4) The systems installed at homesites are experimental in 347 nature and shall be installed with significant field testing and 348 monitoring. The Department of Health is specifically authorized 349 to allow installation of these experimental systems. 350 Notwithstanding any other law, before Phase 3 of the study is 351 completed, a state agency may not adopt or implement a rule or 352 policy that: 353 (a) Mandates, establishes, or implements more restrictive 354 nitrogen-reduction standards to existing or new onsite sewage 355 treatment systems or modification of such systems; or 356 (b) Directly or indirectly requires the use of performance 357 based treatment systems or similar technology, such as through 358 an administrative order developed by the Department of 359 Environmental Protection as part of a basin management action 360 plan adopted pursuant to s. 403.067, Florida Statutes. However, 361 the implementation of more restrictive nitrogen-reduction 362 standards for onsite systems may be required through a basin 363 management action plan if such plan is phased in after 364 completion of Phase 3. 365 Section 8. Effective June 29, 2011, in order to implement 366 Specific Appropriations 259 through 357 of the 2011-2012 General 367 Appropriations Act, subsection (3) of section 1 of chapter 2007 368 174, Laws of Florida, is amended to read: 369 Section 1. Flexibility for the Department of Children and 370 Family Services.— 371 (3) This section expires July 1, 2012June 30, 2008. 372 Section 9. In order to implement Specific Appropriations 373 171 and 177 through 179 and 182 of the 2011-2012 General 374 Appropriations Act, the calculations of the Medicaid Low-Income 375 Pool, Disproportionate Share Hospital, and Hospital Exemptions 376 Programs for the 2011-2012 fiscal year in the document entitled 377 “Medicaid Supplemental Hospital Funding Programs” dated May 3, 378 2011, and filed with the Secretary of the Senate, are 379 incorporated by reference for the purpose of displaying the 380 calculations used by the Legislature, consistent with the 381 requirements of the Florida Statutes, in making appropriations 382 for the Low-Income Pool, Disproportionate Share Hospital, and 383 Hospital Exemptions Programs. 384 Section 10. In order to implement Specific Appropriation 385 536 of the 2011-2012 General Appropriations Act, notwithstanding 386 s. 216.177, Florida Statutes, requiring only 3 days’ notice to 387 the Legislature for the release of funds, budget amendments 388 recommending the release of funds must be provided at least 14 389 days before the effective date of the action and are subject to 390 the objection procedures in s. 216.177(2)(b), Florida Statutes. 391 Section 11. In order to implement Specific Appropriation 392 177 of the 2011-2012 General Appropriations Act, and for the 393 2011-2012 fiscal year only, the third and tenth paragraph of 394 proviso following the appropriation is repealed and replaced 395 with: 396 397 Funds in Specific Appropriation 177 reflect a 398 reduction of $173,477,299 from the General Revenue 399 Fund, $220,252,391 from the Medical Care Trust Fund, 400 and $1,199,158 from the Refugee Assistance Trust Fund 401 as a result of modifying the reimbursement for 402 inpatient hospital rates. The agency shall implement a 403 recurring methodology in the Title XIX Inpatient 404 Hospital Reimbursement Plan to achieve this reduction. 405 In establishing rates through the normal process, 406 before including this reduction, if the unit cost is 407 equal to or less than the unit cost used in 408 establishing the budget, then no additional reduction 409 in rates is necessary; however, if the unit cost is 410 greater than the unit cost used in establishing the 411 budget, then rates shall be reduced by an amount 412 required to achieve this reduction, but may not be 413 reduced below the unit cost used in establishing the 414 budget. Hospitals that are licensed as a children’s 415 specialty hospital and whose Medicaid days plus 416 charity care days divided by total adjusted patient 417 days equals or exceeds 30 percent and rural hospitals, 418 as defined in s. 395.602, Florida Statutes, are 419 excluded from this reduction. 420 421 From the funds in Specific Appropriation 177, 422 $239,417,562 from the Grants and Donations Trust Fund 423 and $303,972,274 from the Medical Care Trust Fund are 424 provided for public hospitals, including any leased 425 public hospital determined to be covered under the 426 state’s sovereign immunity; teaching hospitals, as 427 defined in s. 408.07 or s. 395.805, Florida Statutes, 428 which have 70 or more full-time equivalent resident 429 physicians; hospitals that have graduate medical 430 education positions that do not otherwise qualify; and 431 designated trauma hospitals to buy back the Medicaid 432 inpatient trend adjustment applied to their individual 433 hospital rates and other Medicaid reductions to their 434 inpatient rates up to actual Medicaid inpatient cost. 435 The payments under this proviso are contingent on the 436 state share being provided through grants and 437 donations from state, county, or other governmental 438 funds. This section of proviso does not include the 439 buy back of the Medicaid inpatient trend adjustment 440 applied to the individual state mental health 441 hospitals. 442 443 Section 12. In order to implement Specific Appropriation 444 182 of the 2011-2012 General Appropriations Act, and for the 445 2011-2012 fiscal year only, the second paragraph of proviso 446 following the appropriation is repealed and replaced with: 447 448 Funds in Specific Appropriation 182 reflect a 449 reduction of $43,572,721 from the General Revenue 450 Fund, $55,321,338 from the Medical Care Trust Fund, 451 and $151,174 from the Refugee Assistance Trust Fund as 452 a result of implementing a reduction in outpatient 453 hospital reimbursement rates. The agency shall 454 implement a recurring methodology in the Title XIX 455 Outpatient Hospital Reimbursement Plan to achieve this 456 reduction. In establishing rates through the normal 457 process, prior to including this reduction, if the 458 unit cost is equal to or less than the unit cost used 459 in establishing the budget, then no additional 460 reduction in rates is necessary. In establishing rates 461 through the normal process, prior to including this 462 reduction, if the unit cost is greater than the unit 463 cost used in establishing the budget, then rates shall 464 be reduced by an amount required to achieve this 465 reduction, but shall not be reduced below the unit 466 cost used in establishing the budget. Hospitals that 467 are licensed as a children’s specialty hospital and 468 whose Medicaid days plus charity care days divided by 469 total adjusted patient days equals or exceeds 30 470 percent and rural hospitals as defined in s. 395.602, 471 Florida Statutes, are excluded from this reduction. 472 473 Section 13. In order to implement Specific Appropriations 474 459 through 469 of the 2011-2012 General Appropriations Act, 475 before the implementation of the onsite sewage treatment and 476 disposal system evaluation program described in s. 477 381.0065(5)(a), Florida Statutes, the Department of Health shall 478 submit a plan for approval by the Legislative Budget Commission 479 which includes an estimate of agency workload and funding needs. 480 The department may not expend funds in furtherance of the 481 evaluation program before the plan is approved by the 482 commission. 483 Section 14. In order to fulfill legislative intent 484 regarding the use of funds contained in Specific Appropriations 485 605, 616, 628, and 1135 of the 2011-2012 General Appropriations 486 Act, the Department of Corrections and the Department of 487 Juvenile Justice may expend appropriated funds to assist in 488 defraying costs that are incurred by a municipality or county 489 and are associated with opening or operating a facility under 490 the authority of the respective department. The amount paid for 491 any facility may not exceed 1 percent of the cost to construct 492 the facility, less building impact fees imposed by the 493 municipality or county. This section expires July 1, 2012. 494 Section 15. In order to implement Specific Appropriations 495 570 through 688A and 726 through 759 of the 2011-2012 General 496 Appropriations Act, subsection (4) of section 216.262, Florida 497 Statutes, is amended to read: 498 216.262 Authorized positions.— 499 (4) Notwithstanding the provisions of this chapter relating 500 toonincreasing the number of authorized positions, and for the 501 2011-20122010-2011fiscal year only, if the actual inmate 502 population of the Department of Corrections exceeds the inmate 503 population projections of the February 21, 201119, 2010, 504 Criminal Justice Estimating Conference by 1 percent for 2 505 consecutive months or 2 percent for any month, the Executive 506 Office of the Governor, with the approval of the Legislative 507 Budget Commission, shall immediately notify the Criminal Justice 508 Estimating Conference, which shall convene as soon as possible 509 to revise the estimates. The Department of Corrections may then 510 submit a budget amendment requesting the establishment of 511 positions in excess of the number authorized by the Legislature 512 and additional appropriations from unallocated general revenue 513 sufficient to provide for essential staff, fixed capital 514 improvements, and other resources to provide classification, 515 security, food services, health services, and other variable 516 expenses within the institutions to accommodate the estimated 517 increase in the inmate population. All actions taken pursuant to 518the authority granted inthis subsection areshall besubject to 519 review and approval by the Legislative Budget Commission. This 520 subsection expires July 1, 20122011. 521 Section 16. In order to implement Specific Appropriations 522 1253, 1267, 1274, 1295, and 1305 of the 2011-2012 General 523 Appropriations Act, the Department of Legal Affairs may transfer 524 cash remaining after required disbursements for Attorney General 525 case numbers 09-CV-51614, 16-2008-CA-01-3142CV-C, and 526 CACE08022328 from FLAIR account 41-74-2-601001-41100100-00 527 181076-00 to the Operating Trust Fund to pay salaries and 528 benefits. This section expires July 1, 2012. 529 Section 17. In order to implement Specific Appropriations 530 1289 and 1290 of the 2011-2012 General Appropriations Act, the 531 Department of Legal Affairs may expend appropriated funds in 532 those specific appropriations on the same programs that were 533 funded by the department pursuant to specific appropriations 534 made in general appropriations acts in prior years. This section 535 expires July 1, 2012. 536 Section 18. In order to implement Specific Appropriations 537 1192 and 1198 of the 2011-2012 General Appropriations Act, 538 paragraph (d) of subsection (4) of section 932.7055, Florida 539 Statutes, is amended to read: 540 932.7055 Disposition of liens and forfeited property.— 541 (4) The proceeds from the sale of forfeited property shall 542 be disbursed in the following priority: 543 (d) Notwithstanding any other provision of this subsection, 544 and for the 2011-20122010-2011fiscal year only, the funds in a 545 special law enforcement trust fund established by the governing 546 body of a municipality may be expended to reimburse the general 547 fund of the municipality for moneys advanced from the general 548 fund to the special law enforcement trust fund beforeprior to549 October 1, 2001. This paragraph expires July 1, 20122011. 550 Section 19. (1) In order to implement Specific 551 Appropriations 1069, 1070, 1074, 1075, 1115, 1116, 1120, 1121, 552 1123, 1126, 1127, 1130, 1131, 1132, 1141, and 1146 of the 2011 553 2012 General Appropriations Act, the Department of Juvenile 554 Justice must comply with the following reimbursement 555 limitations: 556 (a) Payments to a hospital or a health care provider may 557 not exceed 110 percent of the Medicare allowable rate for any 558 health care services provided if no contract exists between the 559 department and the hospital or the health care provider 560 providing services at a hospital; 561 (b) The department may continue to make payments for health 562 care services at the currently contracted rates through the 563 current term of the contract if a contract has been executed 564 between the department and a hospital or a health care provider 565 providing services to a hospital; however, payments may not 566 exceed 110 percent of the Medicare allowable rate after the 567 current term of the contract expires or after the contract is 568 renewed during the 2011-2012 fiscal year; 569 (c) Payments may not exceed 110 percent of the Medicare 570 allowable rate under a contract executed on or after July 1, 571 2011, between the department and a hospital or health care 572 provider providing services at a hospital; 573 (d) Notwithstanding paragraphs (a), (b), and (c), the 574 department may pay up to 125 percent of the Medicare allowable 575 rate for health care services at a hospital that reports or has 576 reported a negative operating margin for the previous fiscal 577 year to the Agency for Health Care Administration through 578 hospital-audited financial data; and 579 (e) The department may not execute a contract for health 580 care services at a hospital for rates other than rates based on 581 a percentage of the Medicare allowable rate. 582 (2) For purposes of this section, the term “hospital” means 583 a hospital licensed under chapter 395, Florida Statutes. 584 (3) This section expires July 1, 2012. 585 Section 20. In order to implement section 7 of the 2011 586 2012 General Appropriations Act, and notwithstanding s. 215.18, 587 Florida Statutes, the state court system is relieved of loan 588 repayment obligations for loans made from the Mediation and 589 Arbitration Trust Fund and the Court Education Trust Fund to the 590 state court system during the 2010-2011 fiscal year. This 591 section is effective upon this act becoming a law. 592 Section 21. In order to implement Section 7 of the 2011 593 2012 General Appropriations Act, section 215.18, Florida 594 Statutes, is amended to read: 595 215.18 Transfers between funds; limitation.— 596 (1) Whenever there is a deficiencyexistsin any fund 597 provided for by s. 215.32a deficiencywhich would render such 598 fund insufficient to meet its just requirements, andthere shall599exist in theother funds in the State Treasury have moneys which 600 are for the time being or otherwise in excess of the amounts 601 necessary to meet the just requirements of such last-mentioned 602 funds, the Governor may order a temporary transfer of moneys 603 from one fund to another in order to meet temporary deficiencies 604 in a particular fund without resorting to the necessity of 605 borrowing money and paying interest thereon. Any action proposed 606 under this section is subject to the notice and objection 607 procedures set forth in s. 216.177, and the Governor shall 608 provide notice of such action at least 7 days beforeprior to609 the effective date of the transfer of funds. Except as otherwise 610 provided in s. 216.222(1)(a)2., the fund from which any money is 611 temporarily transferred mustshallbe repaid the amount 612 transferred from it bynot later thanthe end of the fiscal year 613 in which such transfer is made, the date of repayment to be 614 specified in the order of the Governor. 615 (2) The Chief Justice of the Supreme Court may receive one 616 or more trust fund loans of up to $54 million in total, the 617 purpose of which is to ensure that the state court system has 618 funds sufficient to meet its appropriations in the 2011-2012 619 General Appropriations Act. If the Chief Justice accesses the 620 loan, he or she must notify the Governor and the chairs of the 621 legislative appropriations committees in writing. The loan must 622 come from other funds in the State Treasury which are for the 623 time being or otherwise in excess of the amounts necessary to 624 meet the just requirements of such last-mentioned funds. The 625 Governor shall order the transfer of funds within 5 days after 626 the written notification from the Chief Justice. If the Governor 627 does not order the transfer, the Chief Financial Officer shall 628 transfer the requested funds. The loan of funds from which any 629 money is temporarily transferred must be repaid by the end of 630 the 2011-2012 fiscal year. This subsection expires July 1, 2012. 631 Section 22. In order to implement Specific Appropriation 632 791 of the 2011-2012 General Appropriations Act, and not 633 withstanding s. 28.2455, Florida Statutes, any funds remaining 634 in the Clerks of Court Trust Fund may not be transferred to the 635 General Revenue Fund and remain available to the clerks of court 636 for expenditures during the 2011-2012 fiscal year. This section 637 shall take effect upon becoming a law and expires July 1, 2012. 638 Section 23. In order to implement section 7 of the 2011 639 2012 General Appropriations Act, paragraph (c) of subsection (4) 640 of section 29.008, Florida Statutes, is amended to read: 641 29.008 County funding of court-related functions.— 642 (4) 643 (c) Counties are exempt from all requirements and 644 provisions of paragraph (a) for the 2011-20122010-2011fiscal 645 year. Accordingly, for the 2011-20122010-2011fiscal year, 646 counties shall maintain, but are not required to increase, their 647 expenditures for the items specified in paragraphs (1)(a)-(h) 648 and subsection (3). The requirements described in paragraph (a) 649 shall be reinstated beginning with the 2012-20132011-2012650 fiscal year. This paragraph expires July 1, 20122011. 651 Section 24. In order to implement Specific Appropriation 652 2701A of the 2011-2012 General Appropriation Act, subsection (3) 653 of section 282.709, Florida Statutes, is amended to read: 654 282.709 State agency law enforcement radio system and 655 interoperability network.— 656 (3)(a) The State Agency Law Enforcement Radio System Trust 657 Fund is established in the department and funded from surcharges 658 collected under ss. 318.18, 320.0802, and 328.72. Upon 659 appropriation, moneys in the trust fund may be used by the 660 department to acquire by competitive procurement the equipment, 661 software, and engineering, administrative, and maintenance 662 services it needs to construct, operate, and maintain the 663 statewide radio system. Moneys in the trust fund fromcollected664as a result of thesurchargesset forth in ss.318.18,320.0802,665and328.72shall be used to help fund the costs of the system. 666 Upon completion of the system, moneys in the trust fund may also 667 be used by the department for payment of the recurring 668 maintenance costs of the system. 669 (b) Funds from the State Agency Law Enforcement Radio 670 System Trust Fund may be used by the department to fund mutual 671 aid buildout maintenance and sustainment as appropriated by law. 672 This paragraph expires July 1, 2012. 673 Section 25. In order to implement Specific Appropriation 674 2341A of the 2011-2012 General Appropriations Act, the Florida 675 Catastrophic Storm Risk Management Center at Florida State 676 University shall conduct the analysis as originally required in 677 s. 164 of chapter 2004-390, Laws of Florida. Notwithstanding 678 that section, the center shall use the most recent and available 679 premium data for personal lines property and casualty insurance 680 in completing the analysis. 681 Section 26. In order to implement Specific Appropriations 682 2574 through 2584 of the 2011-2012 General Appropriations Act, 683 the Department of Management Services shall use interest 684 earnings of the Communications Working Capital Trust Fund as the 685 funding source for its responsibilities for the administration 686 of the MyFlorida.com portal. 687 Section 27. In order to implement Specific Appropriations 688 2173 through 2195 of the 2011-2012 General Appropriations Act, 689 subsection (13) of section 253.034, Florida Statutes, as amended 690 by chapter 2010-280, Laws of Florida, is amended to read: 691 253.034 State-owned lands; uses.— 692 (13) Notwithstanding the provisions of this section, funds 693 derived from the sale of the Department of Citrus’ property 694 located in Lakeland, Florida, shallare authorized tobe 695 deposited into the Citrus Advertising Trust Fund. This 696 subsection expires July 1, 20122011. 697 Section 28. In order to implement Specific Appropriations 698 2173 through 2195 of the 2011-2012 General Appropriations Act, 699 paragraph (a) of subsection (3) of section 601.15, Florida 700 Statutes, is amended to read: 701 601.15 Advertising campaign; methods of conducting; excise 702 tax; emergency reserve fund; citrus research.— 703 (3)(a) There is hereby levied and imposed upon each 704 standard-packed box of citrus fruit grown and placed into the 705 primary channel of trade in this state an excise tax at maximum 706 annual rates for each citrus season as determined from the 707 tables in this paragraph and based upon the previous season’s 708 actual statewide production as reported in the United States 709 Department of Agriculture Citrus Crop Production Forecast as of 710 June 1. The rates may be set at any lower rate in any year 711 pursuant to paragraph (e). 712 1. The following maximum tax rates, expressed in cents per 713 box, shall apply to grapefruit which enters the primary channel 714 of trade for use in fresh form: 715 716 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter 717 80 andgreater 33 34 35 36 37 718 75-79.99 35 36 37 38 39 719 70-74.99 37 38 39 41 42 720 65-69.99 40 41 42 44 45 721 60-64.99 43 44 46 47 49 722 55-59.99 47 48 50 51 53 723 50-54.99 51 53 55 56 58 724 45-49.99 57 59 60 62 64 725 40-44.99 63 65 67 69 71 726 Less than 40 72 74 76 79 81 727 However, effective July 1, 2011, the tax rate per box on 728 grapefruit that enters the primary channel of trade for use in 729 fresh form may not exceed the tax rate per box in effect on May 730 1, 2011. 731 2. The following maximum tax rates, expressed in cents per 732 box, shall apply to grapefruit which enters the primary channel 733 of trade for use in processed forms: 734 735 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter 736 80 andgreater 23 24 25 25 26 737 75-79.99 25 25 26 27 28 738 70-74.99 26 27 28 29 30 739 65-69.99 28 29 30 31 32 740 60-64.99 31 32 32 33 34 741 55-59.99 33 34 35 36 37 742 50-54.99 36 38 39 40 41 743 45-49.99 40 41 43 44 45 744 40-44.99 45 46 48 49 51 745 Less than 40 51 53 54 56 57 746 However, effective July 1, 2011, the tax rate per box on 747 grapefruit that enters the primary channel of trade for use in 748 processed forms may not exceed the tax rate per box in effect on 749 May 1, 2011. 750 3. The following maximum tax rates, expressed in cents per 751 box, shall apply to oranges which enter the primary channel of 752 trade for use in fresh form: 753 754 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter 755 255 andgreater 23 24 25 26 26 756 245-254.9 24 25 26 27 27 757 235-244.9 25 26 27 28 28 758 225-234.9 26 27 28 29 30 759 215-224.9 28 28 29 30 31 760 205-214.9 29 30 31 32 33 761 195-204.9 30 31 32 33 34 762 185-194.9 32 33 34 35 36 763 175-184.9 34 35 36 37 38 764 165-174.9 36 37 38 39 40 765 155-164.9 38 39 40 41 43 766 Less than 155 41 42 43 44 46 767 However, effective July 1, 2011, the tax rate per box on oranges 768 that enter the primary channel of trade for use in fresh form 769 may not exceed the tax rate per box in effect on May 1, 2011. 770 4. The following maximum tax rates, expressed in cents per 771 box, shall apply to oranges which enter the primary channel of 772 trade for use in processed form: 773 774 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter 775 255 andgreater 15 16 16 17 17 776 245-254.9 16 16 17 17 18 777 235-244.9 17 17 18 18 19 778 225-234.9 17 18 18 19 19 779 215-224.9 18 19 19 20 20 780 205-214.9 19 20 20 21 21 781 195-204.9 20 21 21 22 22 782 185-194.9 21 22 22 23 24 783 175-184.9 22 23 23 24 25 784 165-174.9 23 24 25 26 26 785 155-164.9 25 26 26 27 28 786 Less than 155 27 27 28 29 30 787 However, effective July 1, 2011, the tax rate per box on oranges 788 that enter the primary channel of trade for use in processed 789 form may not exceed 25 cents per box. 790 5. The actual tax rate levied each year upon oranges which 791 enter the primary channel of trade for use in processed form, 792 pursuant to this paragraph, paragraph (e), and subsection (4), 793 shall also apply in that year to tangerines and citrus hybrids 794 regulated by the Department of Citrus which enter the primary 795 channel of trade for use in processed form. 796 6. The following maximum tax rates, expressed in cents per 797 box, shall apply to tangerines and citrus hybrids regulated by 798 the Department of Citrus which enter the primary channel of 799 trade for use in fresh form: 800 801 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter 802 13 andgreater 24 24 25 26 27 803 12 - 12.99 26 26 27 28 29 804 11 - 11.99 28 29 30 30 31 805 10 - 10.99 31 31 32 33 34 806 9 - 9.99 34 35 36 37 38 807 8 - 8.99 38 39 40 41 42 808 7 - 7.99 43 44 45 47 48 809 Less than 7 49 51 52 54 56 810 However, effective July 1, 2011, the tax rate per box on 811 tangerines and citrus hybrids regulated by the Department of 812 Citrus which enter the primary channel of trade for use in fresh 813 form may not exceed the tax rate per box in effect on May 1, 814 2011. 815 Section 29. The amendment to s. 601.15(3)(a), Florida 816 Statutes, shall expire July 1, 2012, and the text of that 817 subsection shall revert to that in existence on June 30, 2010, 818 except that any amendments to such text enacted other than by 819 this act shall be preserved and continue to operate to the 820 extent that such amendments are not dependent upon the portions 821 of text which expire pursuant to this section. 822 Section 30. Effective upon this act becoming a law and in 823 order to implement Specific Appropriations 2173 through 2195 of 824 the 2011-2012 General Appropriations Act, subsection (3) of 825 section 601.10, Florida Statutes, is amended to read: 826 601.10 Powers of the Department of Citrus.—The Department 827 of Citrus shall have and shall exercise such general and 828 specific powers as are delegated to it by this chapter and other 829 statutes of the state, which powers shall include, but shall not 830 be confined to, the following: 831 (3) To employ and, at its pleasure, discharge an executive 832 director, a secretary, and such attorneys, clerks, and employees833 as it deems necessary and to outline his or hertheirpowers and 834 duties and fix his or hertheircompensation. 835 (a) The executive director of the department shall be 836 appointed by a majority vote of the commission for a term of 4 837 years, except for the initial term, and is subject to 838 confirmation by the Senate in the legislative session following 839 appointment. 840 1. The initial term of the executive director ends June 30, 841 2011, and each subsequent 4-year term begins July 1, and shall 842 be filled in the same manner as the original appointment. 843 2. A vacancy for the executive director shall be filled for 844 the unexpired portion of the term in the same manner as the 845 original appointment. 846 (b) The Department of Citrus may pay, or participate in the 847 payment of, premiums for health, accident, and life insurance 848 for its full-time employees, pursuant to such rules or 849 regulations as it may adopt; and such payments areshall bein 850 addition to the regular salaries of such full-time employees. 851 The payment of such or similar benefits to its employees in 852 foreign countries, including, but not limited to, social 853 security, retirement, and other similar fringe benefit costs, 854 may be in accordance with laws in effect in the country of 855 employment, except that no benefits will be payable to employees 856 not authorized for other state employees, as provided in the 857 Career Service System. 858 Section 31. The amendment to s. 601.10(3), Florida 859 Statutes, shall expire July 1, 2012, and the text of that 860 subsection shall revert to that in existence on June 30, 2010, 861 except that any amendments to such text enacted other than by 862 this act shall be preserved and continue to operate to the 863 extent that such amendments are not dependent upon the portions 864 of text which expire pursuant to this section. 865 Section 32. In order to implement Specific Appropriation 866 1648A of the 2011-2012 General Appropriations Act, paragraph (b) 867 of subsection (3) of section 375.041, Florida Statutes, is 868 amended to read: 869 375.041 Land Acquisition Trust Fund.— 870 (3) 871 (b) In addition to the uses allowed underinparagraph (a), 872 for the 2011-20122010-2011fiscal year, moneys in the Land 873 Acquisition Trust Fund are authorized for transfer to support 874 the Total Maximum Daily Loads ProgramClean Water State875Revolving Fund, the Drinking Water State Revolving Fund, the876Total Maximum Daily Loads programs, and the Marine Spatial877Planning programsas provided in the General Appropriations Act. 878 This paragraph expires July 1, 20122011. 879 Section 33. In order to implement Specific Appropriation 880 1580A of the 2011-2012 General Appropriations Act, subsection 881 (12) of section 373.59, Florida Statutes, is amended to read: 882 373.59 Water Management Lands Trust Fund.— 883 (12) Notwithstanding subsection (8), and for the 2011-2012 8842010-2011fiscal year only, the moneys from the Water Management 885 Lands Trust Fund areshall beallocated as follows: 886 (a) An amount necessary to pay debt service on bonds issued 887 before February 1, 2009, by the South Florida Water Management 888 District and the St. Johns River Water Management District, 889 which are secured by revenues provided pursuant to this section, 890 or to fund debt service reserve funds, rebate obligations, or 891 other amounts payable with respect to such bonds; 892 (b) Eight million dollars to be transferred to the General 893 Revenue Fund; and 894 (c) The remaining funds to be distributed toequally895betweenthe Suwannee River Water Management District, of which 896 $500,000 may be used for minimum flows and levels.and the897Northwest Florida Water Management District; and898(d) For the 2010-2011 fiscal year only, the sum of $50,000899from the Water Management Lands Trust Fund shall be transferred900to the General Inspection Trust Fund in the Department of901Agriculture and Consumer Services for the soil and water902conservation districts for support services.903 904 This subsection expires July 1, 20122011. 905 Section 34. In order to implement Specific Appropriations 906 1649 through 1651, 1653, and section 34 of the 2011-2012 General 907 Appropriations Act, paragraph (g) of subsection (1) of section 908 403.1651, Florida Statutes, is reenacted to read: 909 403.1651 Ecosystem Management and Restoration Trust Fund.— 910 (1) There is created the Ecosystem Management and 911 Restoration Trust Fund to be administered by the Department of 912 Environmental Protection for the purposes of: 913 (g) Funding activities to preserve and repair the state’s 914 beaches as provided in ss. 161.091-161.212. 915 Section 35. The amendment to s. 403.1651(1)(g), Florida 916 Statutes, as carried forward by this act from chapter 2010-153, 917 Laws of Florida, shall expire July 1, 2012, and the text of that 918 subsection shall revert to that in existence on June 30, 2009, 919 except that any amendments to such text enacted other than by 920 this act shall be preserved and continue to operate to the 921 extent that such amendments are not dependent upon the portions 922 of text which expire pursuant to this section. 923 Section 36. In order to implement Specific Appropriations 924 1324 through 1475 of the 2011-2012 General Appropriations Act, 925 subsection (2) of section 570.20, Florida Statutes, is amended 926 to read: 927 570.20 General Inspection Trust Fund.— 928 (2) For the 2011-20122010-2011fiscal year only and 929 notwithstanding any other provision of lawto the contrary, in 930 addition to the spending authorized in subsection (1), moneys in 931 the General Inspection Trust Fund may be appropriated for 932 programs operated by the department which are related to the 933 programs authorized by this chapter. This subsection expires 934 July 1, 20122011. 935 Section 37. In order to implement Specific Appropriation 936 1703AA of the 2011-2012 General Appropriations Act, subsection 937 (5) of section 403.7095, Florida Statutes, is amended to read: 938 403.7095 Solid waste management grant program.— 939 (5) Notwithstanding any other provision of this sectionto940the contrary, and for the 2011-20122010-2011fiscal year only, 941 the Department of Environmental Protection shall award the sum 942 of $2,400,000 in grants equally to counties having populations 943 of fewer than 100,000 for waste tire and litter prevention, 944 recycling education, and general solid waste programs. This 945 subsection expires July 1, 20122011. 946 Section 38. In order to implement Specific Appropriation 947 1430 of the 2011-2012 General Appropriations Act and to provide 948 consistency and continuity in the promotion of agriculture 949 throughout the state, notwithstanding s. 287.057, Florida 950 Statutes, the Department of Agriculture and Consumer Services 951 may extend, revise, and renew current contracts or agreements 952 created or entered into pursuant to chapter 2006-25, Laws of 953 Florida. This section expires July 1, 2012. 954 Section 39. In order to implement Specific Appropriation 955 1578A of the 2011-2012 General Appropriations Act, and 956 notwithstanding ss. 253.034, 253.0341, and 259.041, Florida 957 Statutes, the disposition of state-owned lands is exempt from 958 appraisal requirements under s. 253.034(6)(g)1., Florida 959 Statutes, and disposition requirements under s. 253.034(15), 960 Florida Statutes, if the proceeds of such conveyance will be 961 used to purchase state-owned lands for preservation, 962 conservation, or recreation purposes. On or before October 1, 963 2011, all agencies shall submit a list of state-owned lands to 964 the Board of Trustees of the Internal Improvement Trust Fund, to 965 which the lands are titled, which are immediately available for 966 lease or are surplus lands. Proceeds from the sale of such lands 967 shall be deposited into the Florida Forever Trust Fund created 968 by s. 259.1051, Florida Statutes, and used to acquire lands for 969 preservation, conservation, or recreation purposes pursuant to 970 the requirements of s. 259.105, Florida Statutes. The board of 971 trustees shall ensure that, where appropriate, surplus or leased 972 conservation lands are subject to perpetual conservation 973 easements or other such restrictive covenants that run with the 974 land and are duly recorded in the same manner as any other 975 instrument affecting title to real property. This section 976 expires July 1, 2012. 977 Section 40. In order to implement Specific Appropriations 978 1814, 1831, 1895, and 1907, subsection (3) is added to section 979 379.204, Florida Statutes, to read: 980 379.204 Federal Grants Trust Fund.— 981 (3) The commission may transfer the cash balance 982 originating from hunting and fishing license fees from other 983 trust funds into the Federal Grants Trust Fund for the purpose 984 of supporting cash flow needs. This subsection expires July 1, 985 2012. 986 Section 41. In order to implement Specific Appropriation 987 1806 and notwithstanding the provisions of s. 379.2342(2), 988 Florida Statutes, for the 2011-2012 fiscal year only, the Fish 989 and Wildlife Conservation Commission shall suspend the 990 publication of a printed version the Florida Wildlife Magazine 991 and the operations of the Florida Wildlife Magazine Advisory 992 Council. 993 Section 42. In order to implement Specific Appropriations 994 1918A through 1919, 1938A through 1938C, 1938E through 1938V, 995 and 1976A through 1976K of the 2011-2012 General Appropriations 996 Act, paragraph (a) of subsection (4) of section 339.135, Florida 997 Statutes, is amended to read: 998 339.135 Work program; legislative budget request; 999 definitions; preparation, adoption, execution, and amendment.— 1000 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.— 1001 (a)1. To assure that no district or county is penalized for 1002 local efforts to improve the State Highway System, the 1003 department shall, for the purpose of developing a tentative work 1004 program, allocate funds for new construction to the districts, 1005 except for the turnpike enterprise, based on equal parts of 1006 population and motor fuel tax collections. Funds for 1007 resurfacing, bridge repair and rehabilitation, bridge fender 1008 system construction or repair, public transit projects except 1009 public transit block grants as provided in s. 341.052, and other 1010 programs with quantitative needs assessments shall be allocated 1011 based on the results of these assessments. The department may 1012 not transfer any funds allocated to a district under this 1013 paragraph to any other district except as provided in subsection 1014 (7). Funds for public transit block grants shall be allocated to 1015 the districts pursuant to s. 341.052. Funds for the intercity 1016 bus program provided for under s. 5311(f) of the federal 1017 nonurbanized area formula program shall be administered and 1018 allocated directly to eligible bus carriers as defined in s. 1019 341.031(12) at the state level rather than the district. In 1020 order to provide state funding to support the intercity bus 1021 program provided for under provisions of the federal 5311(f) 1022 program, the department shall allocate an amount equal to the 1023 federal share of the 5311(f) program from amounts calculated 1024 pursuant to s. 206.46(3). 1025 2. Notwithstanding the provisions of subparagraph 1., the 1026 department shall allocate at least 50 percent of any new 1027 discretionary highway capacity funds to the Florida Strategic 1028 Intermodal System created pursuant to s. 339.61. Any remaining 1029 new discretionary highway capacity funds shall be allocated to 1030 the districts for new construction as provided in subparagraph 1031 1. For the purposes of this subparagraph, the term “new 1032 discretionary highway capacity funds” means any funds available 1033 to the department above the prior year funding level for 1034 capacity improvements, which the department has the discretion 1035 to allocate to highway projects. 1036 3. Notwithstanding subparagraphs 1. and 2. and ss. 1037 201.15(1)(c)1.a.-d., 206.46(3), 334.044(26), and 339.2819(3), 1038 and for the 2011-20122010-2011fiscal year only, the department 1039 shall reduce work program levels to balance the finance plan to 1040 the revised funding levels resulting from any reduction in the 1041 2011-20122010-2011General Appropriations Act. This 1042 subparagraph expires July 1, 20122011. 1043 4. For the 2011-20122009-2010fiscal year only, before 1044prior toany project or phase thereof isbeingdeferred, the 1045 department’s cash balances shall be as provided in paragraph 1046 (6)(b), and the reductions in subparagraph 3. shall be made to 1047 financial projects not programmed for contract letting as 1048 identified with a work program contract class code 8 and the box 1049 code RV. These reductions shall not negatively impact safety or 1050 maintenance or project contingency percentage levels as of April 1051 21, 20112009. This subparagraph expires July 1, 20122010. 1052 5. Notwithstanding subparagraphs 1. and 2. and ss. 1053 206.46(3) and 334.044(26), and for fiscal years 2009-2010 1054 through 2013-2014 only, the department shall annually allocate 1055 up to $15 million of the first proceeds of the increased 1056 revenues estimated by the November 2009 Revenue Estimating 1057 Conference to be deposited into the State Transportation Trust 1058 Fund to provide for the portion of the transfer of funds 1059 included in s. 343.58(4)(a)1.a. or 2.a., aswhichever is1060 applicable. The transfer of funds included in s. 343.58(4) shall 1061 not negatively impact projects included in fiscal years 2009 1062 2010 through 2013-2014 of the work program as of July 1, 2009, 1063 as amended pursuant to subsection (7). This subparagraph expires 1064 July 1, 2014. 1065 Section 43. In order to implement Specific Appropriations 1066 1918B and 1938S of the 2011-2012 General Appropriations Act, 1067 subsection (5) of section 339.135, Florida Statutes, is amended 1068 to read: 1069 339.135 Work program; legislative budget request; 1070 definitions; preparation, adoption, execution, and amendment.— 1071 (5) ADOPTION OF THE WORK PROGRAM.— 1072 (a) The original approved budget for operational and fixed 1073 capital expenditures for the department shall be the Governor’s 1074 budget recommendation and the first year of the tentative work 1075 program, as both are amended by the General Appropriations Act 1076 and any other act containing appropriations. In accordance with 1077 the appropriations act, the department shall, beforeprior to1078 the beginning of the fiscal year, adopt a final work program 1079 which shall only include the original approved budget for the 1080 department for the ensuing fiscal year, together with any roll 1081 forwards approved pursuant to paragraph (6)(c), and the portion 1082 of the tentative work program for the following 4 fiscal years 1083 revised in accordance with the original approved budget for the 1084 department for the ensuing fiscal year together with thesaid1085 roll forwards. The adopted work program may include only those 1086 projects submitted as part of the tentative work program 1087 developed under the provisions of subsection (4), plus any 1088 projects which are separately identified by specific 1089 appropriation in the General Appropriations Act and any roll 1090 forwards approved pursuant to paragraph (6)(c). However, any 1091 transportation project of the department which is identified by 1092 specific appropriation in the General Appropriations Act shall 1093 be deducted from the funds annually distributed to the 1094 respective district pursuant to paragraph (4)(a). In addition, 1095 the department shall not in any year include any project or 1096 allocate funds to a program in the adopted work program that is 1097 contrary to existing law for that particular year. Projects 1098 shall not be undertaken unless they are listed in the adopted 1099 work program. 1100 (b) Notwithstanding paragraph (a), and for the 2011-2012 11012010-2011fiscal year only, the Department of Transportation 1102 shall transfer funds to the Office of Tourism, Trade, and 1103 Economic Development in an amount equal to $15 million 1104$20,300,000for the purpose of funding transportation-related 1105 needs of economic development projects. This transfer shall not 1106 reduce, delete, or defer any existing projects funded, as of 1107 July 1, 20112009, in the Department of Transportation’s 5-year 1108 work program. This paragraph expires July 1, 20122011. 1109 (c) Notwithstanding paragraph (a), and for the 2011-2012 1110 fiscal year only, the Department of Transportation shall fund 1111 airport development projects specified in the General 1112 Appropriations Act and, unless requested by the airport sponsor, 1113 may not reduce, delete, or defer any existing projects funded as 1114 of July 1, 2011, in the Department of Transportation’s 5-year 1115 work program. This paragraph expires July 1, 2012. 1116 Section 44. In order to implement section 69 of the 2011 1117 2012 General Appropriations Act, paragraph (n) of subsection (1) 1118 of section 339.08, Florida Statutes, is amended to read: 1119 339.08 Use of moneys in State Transportation Trust Fund.— 1120 (1) The department shall expend moneys in the State 1121 Transportation Trust Fund accruing to the department, in 1122 accordance with its annual budget. The use of such moneys shall 1123 be restricted to the following purposes: 1124 (n) To pay administrative expenses incurred in accordance 1125 with applicable laws for a multicounty transportation or 1126 expressway authority created under chapter 343 or chapter 348 1127 if, wherejurisdiction for the authority includes a portion of 1128 the State Highway System and the administrative expenses are in 1129 furtherance of the duties and responsibilities of the authority 1130 in the development of improvements to the State Highway System. 1131 This paragraph expires July 1, 20122011. 1132 Section 45. In order to implement section 110 of the 2011 1133 2012 General Appropriations Act, subsection (4) of section 1134 339.08, Florida Statutes, is amended to read: 1135 339.08 Use of moneys in State Transportation Trust Fund.— 1136 (4) For the 2011-20122010-2011fiscal year only and 1137 notwithstandingthe provisions ofthis section and ss. 339.09(1) 1138 and 215.32(2)(b)4., funds may be transferred from the State 1139 Transportation Trust Fund to the State School Trust Fund or the 1140 General Revenue Fund as specified in the General Appropriations 1141 Act. Notwithstanding ss. 206.46(3) and 206.606(2), the total 1142 amount transferred shall be reduced from total state revenues 1143 deposited into the State Transportation Trust Fund for the 1144 calculation requirements of ss. 206.46(3) and 206.606(2). This 1145 subsection expires July 1, 20122011. 1146 Section 46. In order to implement Specific Appropriations 1147 2484A through 2484K of the 2011-2012 General Appropriations Act 1148 and notwithstanding chapters 319 and 320, Florida Statutes, the 1149 ownership of all vehicles currently used by the Office of Motor 1150 Carrier Compliance within the Department of Transportation shall 1151 be transferred to the Department of Highway Safety and Motor 1152 Vehicles effective July 1, 2011, without payment of any titling 1153 or registration fees. 1154 Section 47. In order to implement Specific Appropriation 1155 2008 of the 2011-2012 General Appropriations Act, subsection 1156 (11) of section 445.009, Florida Statutes, is amended to read: 1157 445.009 One-stop delivery system.— 1158 (11)(a)A participant in an adult or youth work experience 1159 activity administered under this chapter shall be deemed an 1160 employee of the state for purposes of workers’ compensation 1161 coverage. In determining the average weekly wage, all 1162 remuneration received from the employer shall be considered a 1163 gratuity, and the participant shall not be entitled to any 1164 benefits otherwise payable under s. 440.15, regardless of 1165 whether the participant may be receiving wages and remuneration 1166 from other employment with another employer and regardless of 1167 his or her future wage-earning capacity. 1168(b)This subsection expires July 1, 20122011. 1169 Section 48. In order to implement Specific Appropriation 1170 1498 of the 2011-2012 General Appropriations Act, paragraph (d) 1171 of subsection (3) of section 163.3247, Florida Statutes, is 1172 reenacted to read: 1173 163.3247 Century Commission for a Sustainable Florida.— 1174 (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; CREATION; 1175 ORGANIZATION.—The Century Commission for a Sustainable Florida 1176 is created as a standing body to help the citizens of this state 1177 envision and plan their collective future with an eye towards 1178 both 25-year and 50-year horizons. 1179 (d) Members of the commission shall serve without 1180 compensation. 1181 Section 49. The amendment to s. 163.3247(3)(d), Florida 1182 Statutes, as carried forward by this act from chapter 2010-153, 1183 Laws of Florida, shall expire July 1, 2012, and the text of that 1184 subsection shall revert to that in existence on June 30, 2010, 1185 except that any amendments to such text enacted other than by 1186 this act shall be preserved and continue to operate to the 1187 extent that such amendments are not dependent upon the portions 1188 of text which expire pursuant to this section. 1189 Section 50. In order to implement Specific Appropriation 1190 1498 of the 2011-2012 General Appropriations Act, paragraph (c) 1191 of subsection (1) of section 201.15, Florida Statutes, is 1192 reenacted to read: 1193 201.15 Distribution of taxes collected.—All taxes collected 1194 under this chapter are subject to the service charge imposed in 1195 s. 215.20(1). Prior to distribution under this section, the 1196 Department of Revenue shall deduct amounts necessary to pay the 1197 costs of the collection and enforcement of the tax levied by 1198 this chapter. Such costs and the service charge may not be 1199 levied against any portion of taxes pledged to debt service on 1200 bonds to the extent that the costs and service charge are 1201 required to pay any amounts relating to the bonds. After 1202 distributions are made pursuant to subsection (1), all of the 1203 costs of the collection and enforcement of the tax levied by 1204 this chapter and the service charge shall be available and 1205 transferred to the extent necessary to pay debt service and any 1206 other amounts payable with respect to bonds authorized before 1207 January 1, 2010, secured by revenues distributed pursuant to 1208 subsection (1). All taxes remaining after deduction of costs and 1209 the service charge shall be distributed as follows: 1210 (1) Sixty-three and thirty-one hundredths percent of the 1211 remaining taxes shall be used for the following purposes: 1212 (c) After the required payments under paragraphs (a) and 1213 (b), the remainder shall be paid into the State Treasury to the 1214 credit of: 1215 1. The State Transportation Trust Fund in the Department of 1216 Transportation in the amount of the lesser of 38.2 percent of 1217 the remainder or $541.75 million in each fiscal year, to be used 1218 for the following specified purposes, notwithstanding any other 1219 law to the contrary: 1220 a. For the purposes of capital funding for the New Starts 1221 Transit Program, authorized by Title 49, U.S.C. s. 5309 and 1222 specified in s. 341.051, 10 percent of these funds; 1223 b. For the purposes of the Small County Outreach Program 1224 specified in s. 339.2818, 5 percent of these funds. Effective 1225 July 1, 2014, the percentage allocated under this sub 1226 subparagraph shall be increased to 10 percent; 1227 c. For the purposes of the Strategic Intermodal System 1228 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent 1229 of these funds after allocating for the New Starts Transit 1230 Program described in sub-subparagraph a. and the Small County 1231 Outreach Program described in sub-subparagraph b.; and 1232 d. For the purposes of the Transportation Regional 1233 Incentive Program specified in s. 339.2819, 25 percent of these 1234 funds after allocating for the New Starts Transit Program 1235 described in sub-subparagraph a. and the Small County Outreach 1236 Program described in sub-subparagraph b. Effective July 1, 2014, 1237 the first $60 million of the funds allocated pursuant to this 1238 sub-subparagraph shall be allocated annually to the Florida Rail 1239 Enterprise for the purposes established in s. 341.303(5). 1240 2. The Grants and Donations Trust Fund in the Department of 1241 Community Affairs in the amount of the lesser of .23 percent of 1242 the remainder or $3.25 million in each fiscal year to fund 1243 technical assistance to local governments and school boards on 1244 the requirements and implementation of this act. 1245 3. The Ecosystem Management and Restoration Trust Fund in 1246 the amount of the lesser of 2.12 percent of the remainder or $30 1247 million in each fiscal year, to be used for the preservation and 1248 repair of the state’s beaches as provided in ss. 161.091 1249 161.212. 1250 4. General Inspection Trust Fund in the amount of the 1251 lesser of .02 percent of the remainder or $300,000 in each 1252 fiscal year to be used to fund oyster management and restoration 1253 programs as provided in s. 379.362(3). 1254 1255 Moneys distributed pursuant to this paragraph may not be pledged 1256 for debt service unless such pledge is approved by referendum of 1257 the voters. 1258 Section 51. The amendment to s. 201.15(1)(c)2., Florida 1259 Statutes, as carried forward by this act from chapter 2010-153, 1260 Laws of Florida, shall expire July 1, 2012, and the text of that 1261 subsection shall revert to that in existence on June 30, 2010, 1262 except that any amendments to such text enacted other than by 1263 this act shall be preserved and continue to operate to the 1264 extent that such amendments are not dependent upon the portions 1265 of text which expire pursuant to this section. 1266 Section 52. In order to implement Specific Appropriations 1267 1918A through 1919, 1938A through 1938C, 1938E through 1939V, 1268 and 1976A through 1976K of the 2011-2012 General Appropriations 1269 Act, subsection (3) of section 206.608, Florida Statutes, is 1270 amended to read: 1271 206.608 State Comprehensive Enhanced Transportation System 1272 Tax; deposit of proceeds; distribution.—Moneys received pursuant 1273 to ss. 206.41(1)(f) and 206.87(1)(d) shall be deposited in the 1274 Fuel Tax Collection Trust Fund, and, after deducting the service 1275 charge imposed in chapter 215 and administrative costs incurred 1276 by the department in collecting, administering, enforcing, and 1277 distributing the tax, which administrative costs may not exceed 1278 2 percent of collections, shall be distributed as follows: 1279 (3) For the 2011-20122010-2011fiscal year only, and 1280 notwithstandingthe provisions ofsubsection (2), the remaining 1281 proceeds of the tax levied pursuant to s. 206.41(1)(f) and all 1282 of the proceeds from the tax imposed by s. 206.87(1)(d) shall be 1283 transferred into the State Transportation Trust Fund andshall1284 be used for the purposes stated in s. 339.08. This subsection 1285 expires July 1, 20122011. 1286 Section 53. In order to implement Specific Appropriations 1287 2453 through 2535A and notwithstanding s. 320.204, Florida 1288 Statutes, for the 2011-2012 fiscal year only, funds may not be 1289 transferred from the Highway Safety Operating Trust Fund to the 1290 Transportation Disadvantaged Trust Fund in the Department of 1291 Transportation. 1292 Section 54. In order to implement Specific Appropriations 1293 1918C, 1918H, 1918I and 1918J, and notwithstanding s. 1294 341.303(6)(a), Florida Statutes, funding for passenger rail for 1295 the 2011-2012 fiscal year is included in the Transportations 1296 Systems Development budget entity. 1297 Section 55. In order to implement Specific Appropriation 1298 2484A, all sworn law enforcement employee positions classified 1299 as “captain” or “major” in the Office of Motor Carrier 1300 Compliance who are exempt from the career service in accordance 1301 with s. 110.205(2)(m)3., Florida Statutes, shall be placed in 1302 the career service upon transfer to the Florida Highway Patrol 1303 in the Department of Highway Safety and Motor Vehicles. 1304 Incumbents of captains and majors positions in the Office of 1305 Motor Carrier Compliance as of June 30, 2011, who have 1 year of 1306 satisfactory service in their positions shall receive permanent 1307 status in that position within the Department of Highway Safety 1308 and Motor Vehicles. It is the intent of the Legislature that the 1309 incumbent of any career service position in the Office of Motor 1310 Carrier Compliance as of June 30, 2011, retain his or her 1311 current status upon transfer to the Department of Highway Safety 1312 and Motor Vehicles as provided in the General Appropriations 1313 Act. 1314 Section 56. In order to implement Specific Appropriation 1315 1938Q, for the 2011-2012 fiscal year only, and notwithstanding 1316 s. 338.251, Florida Statutes, the Department of Transportation 1317 is authorized to grant not more than $3 million in total from 1318 the Toll Facilities Revolving Trust Fund to authorities created 1319 under chapter 348, Florida Statutes, for preliminary 1320 engineering, traffic, and revenue studies, environmental impact 1321 studies, financial advisory services, engineering design, right 1322 of-way map preparation, operations, other appropriate project 1323 related professional services, and advanced right-of-way 1324 acquisition. 1325 Section 57. In order to implement the appropriation of 1326 funds in appropriation category “Special Categories-Risk 1327 Management Insurance” in the 2011-2012 General Appropriations 1328 Act, and pursuant to the notice, review, and objection 1329 procedures of s. 216.177, Florida Statutes, the Executive Office 1330 of the Governor may transfer funds appropriated in that category 1331 between departments in order to align the budget authority 1332 granted with the premiums paid by each department for risk 1333 management insurance. This section expires July 1, 2012. 1334 Section 58. In order to implement the appropriation of 1335 funds in the appropriation category “Special Categories-Transfer 1336 to Department of Management Services-Human Resources Services 1337 Purchased Per Statewide Contract” in the 2011-2012 General 1338 Appropriations Act,” and pursuant to the notice, review, and 1339 objection procedures of s. 216.177, Florida Statutes, the 1340 Executive Office of the Governor may transfer funds appropriated 1341 in that category between departments in order to align the 1342 budget authority granted with the assessments that must be paid 1343 by each agency to the Department of Management Services for 1344 human resource management services. This section expires July 1, 1345 2012. 1346 Section 59. In order to implement specific appropriations 1347 for salaries and benefits in the 2011-2012 General 1348 Appropriations Act, paragraph (a) of subsection (12) of section 1349 110.123, Florida Statutes, is amended to read: 1350 110.123 State group insurance program.— 1351 (12) HEALTH SAVINGS ACCOUNTS.—The department is authorized 1352 to establish health savings accounts for full-time and part-time 1353 state employees in association with a health insurance plan 1354 option authorized by the Legislature and conforming to the 1355 requirements and limitations of federal provisions relating to 1356 the Medicare Prescription Drug, Improvement, and Modernization 1357 Act of 2003. 1358 (a)1. A member participating in this health insurance plan 1359 option isshall beeligible to receive an employer contribution 1360 into the employee’s health savings account from the State 1361 Employees Health Insurance Trust Fund in an amount to be 1362 determined by the Legislature. A member is not eligible for an 1363 employer contribution upon termination of employment. For the 1364 2011-20122010-2011fiscal year, the state’s monthly 1365 contribution for employees having individual coverage shall be 1366 $41.66 and the monthly contribution for employees having family 1367 coverage shall be $83.33. 1368 2. A member participating in this health insurance plan 1369 option isshall beeligible to deposit the member’s own funds 1370 into a health savings account. 1371 Section 60. In order to implement section 8 of the 2011 1372 2012 General Appropriations Act, paragraph (j) of subsection (3) 1373 of section 110.123, Florida Statutes, is amended to read: 1374 110.123 State group insurance program.— 1375 (3) STATE GROUP INSURANCE PROGRAM.— 1376 (j) Notwithstandingthe provisions ofparagraph (f) 1377 requiring uniform contributions, and for the 2011-20122010-20111378 fiscal year only, the state contribution toward the cost of any 1379 plan in the state group insurance plan isshall bethe 1380 difference between the overall premium and the employee 1381 contribution. This subsection expires June 30, 20122011. 1382 Section 61. In order to implement specific appropriations 1383 for salaries and benefits in the 2011-2012 General 1384 Appropriations Act, paragraph (b) of subsection (3) of section 1385 112.24, Florida Statutes, is amended to read: 1386 112.24 Intergovernmental interchange of public employees. 1387 To encourage economical and effective utilization of public 1388 employees in this state, the temporary assignment of employees 1389 among agencies of government, both state and local, and 1390 including school districts and public institutions of higher 1391 education is authorized under terms and conditions set forth in 1392 this section. State agencies, municipalities, and political 1393 subdivisions are authorized to enter into employee interchange 1394 agreements with other state agencies, the Federal Government, 1395 another state, a municipality, or a political subdivision 1396 including a school district, or with a public institution of 1397 higher education. State agencies are also authorized to enter 1398 into employee interchange agreements with private institutions 1399 of higher education and other nonprofit organizations under the 1400 terms and conditions provided in this section. In addition, the 1401 Governor or the Governor and Cabinet may enter into employee 1402 interchange agreements with a state agency, the Federal 1403 Government, another state, a municipality, or a political 1404 subdivision including a school district, or with a public 1405 institution of higher learning to fill, subject to the 1406 requirements of chapter 20, appointive offices which are within 1407 the executive branch of government and which are filled by 1408 appointment by the Governor or the Governor and Cabinet. Under 1409 no circumstances shall employee interchange agreements be 1410 utilized for the purpose of assigning individuals to participate 1411 in political campaigns. Duties and responsibilities of 1412 interchange employees shall be limited to the mission and goals 1413 of the agencies of government. 1414 (3) Salary, leave, travel and transportation, and 1415 reimbursements for an employee of a sending party that is 1416 participating in an interchange program shall be handled as 1417 follows: 1418 (b)1. The assignment of an employee of a state agency 1419eitheron detail or on leave of absence may be made without 1420 reimbursement by the receiving party for the travel and 1421 transportation expenses to or from the place of the assignment 1422 or for the pay and benefits, or a part thereof, of the employee 1423 during the assignment. 1424 2. For the 2011-20122010-2011fiscal year only, the 1425 assignment of an employee of a state agency as provided in 1426 subparagraph 1. may be made if recommended by the Governor or 1427 Chief Justice, as appropriate, and approved by the chairs of the 1428 legislative appropriations committeesSenate Policy and Steering1429Committee on Ways and Means and the House Full appropriations1430Council on Education and Economic Development. Such actions 1431 shall be deemed approved if neither chair provides written 1432 notice of objection within 14 days after the chair’s receiving 1433 notice of the action pursuant to s. 216.177. This subparagraph 1434 expires July 1, 20122011. 1435 Section 62. In order to implement Specific Appropriations 1436 2536 and 2537 of the 2011-2012 General Appropriations Act and 1437 notwithstanding the provisions of s. 11.13(1), Florida Statutes, 1438 the authorized salaries for members of the Legislature for the 1439 2011-2012 fiscal year shall be set at the same level in effect 1440 on July 1, 2010. This section expires July 1, 2012. 1441 Section 63. If HB 5011 or similar legislation fails to 1442 become law and notwithstanding s. 27.709, Florida Statutes, in 1443 order to implement Specific Appropriations 760 through 762 of 1444 the 2011-2012 General Appropriations Act, subsection (1) of 1445 section 27.710, Florida Statutes, is amended to read: 1446 27.710 Registry of attorneys applying to represent persons 1447 in postconviction capital collateral proceedings; certification 1448 of minimum requirements; appointment by trial court.— 1449 (1) The executive director of the Justice Administrative 1450 Commissionon Capital Casesshall compile and maintain a 1451 statewide registry of attorneys in private practice who have 1452 certified that they meet the minimum requirements of s. 1453 27.704(2), who are available for appointment by the court under 1454 this section to represent persons convicted and sentenced to 1455 death in this state in postconviction collateral proceedings, 1456 and who have attended within the last year a continuing legal 1457 education program of at least 10 hours’ duration devoted 1458 specifically to the defense of capital cases, if available. 1459 Continuing legal education programs meeting the requirements of 1460 this rule offered by The Florida Bar or another recognized 1461 provider and approved for continuing legal education credit by 1462 The Florida Barshallsatisfy this requirement. The failure to 1463 comply with this requirement may be cause for removal from the 1464 list until the requirement is fulfilled. To ensure that 1465 sufficient attorneys are available for appointment by the court, 1466 ifwhenthe number of attorneys on the registry falls below 50, 1467 the executive director shall notify the chief judge of each 1468 circuit by letter and request the chief judge to promptly submit 1469 the names of at least three private attorneys who regularly 1470 practice criminal law in that circuit and who appear to meet the 1471 minimum requirements to represent persons in postconviction 1472 capital collateral proceedings. The executive director shall 1473 send an application to each attorney identified by the chief 1474 judge so that the attorney may register for appointment as 1475 counsel in postconviction capital collateral proceedings. As 1476 necessary, the executive director may also advertise in legal 1477 publications and other appropriate media for qualified attorneys 1478 interested in registering for appointment as counsel in 1479 postconviction capital collateral proceedings. Not later than 1480 September 1 of each year, and as necessary thereafter, the 1481 executive director shall provide to the Chief Justice of the 1482 Supreme Court, the chief judge and state attorney in each 1483 judicial circuit, and the Attorney General a current copy of its 1484 registry of attorneys who are available for appointment as 1485 counsel in postconviction capital collateral proceedings. The 1486 registry must be indexed by judicial circuit and must contain 1487 the requisite information submitted by the applicants in 1488 accordance with this section. 1489 Section 64. The amendment to s. 27.710(1), Florida 1490 Statutes, shall expire July 1, 2012, and the text of that 1491 subsection shall revert to that in existence on June 30, 2011, 1492 except that any amendments to such text enacted other than by 1493 this act shall be preserved and continue to operate to the 1494 extent that such amendments are not dependent upon the portions 1495 of text which expire pursuant to this section. 1496 Section 65. In order to implement the transfer of funds to 1497 the State School Trust Fund from trust funds in the 2011-2012 1498 General Appropriations Act, paragraph (b) of subsection (2) of 1499 section 215.32, Florida Statutes, is reenacted and amended to 1500 read: 1501 215.32 State funds; segregation.— 1502 (2) The source and use of each of these funds shall be as 1503 follows: 1504 (b)1. The trust funds shall consist of moneys received by 1505 the state which under law or under trust agreement are 1506 segregated for a purpose authorized by law. The state agency or 1507 branch of state government receiving or collecting such moneys 1508 areshall beresponsible for their proper expenditure as 1509 provided by law. Upon the request of the state agency or branch 1510 of state government responsible for the administration of the 1511 trust fund, the Chief Financial Officer may establish accounts 1512 within the trust fund at a level considered necessary for proper 1513 accountability. Once an account is establishedwithin a trust1514fund, the Chief Financial Officer may authorize payment from 1515 that account only upon determining that there is sufficient cash 1516 and releases at the level of the account. 1517 2. In addition to other trust funds created by law, to the 1518 extent possible, each agency shall use the following trust funds 1519 as described in this subparagraph for day-to-day operations: 1520 a. Operations or operating trust fund, for use as a 1521 depository for funds to be used for program operations funded by 1522 program revenues, with the exception of administrative 1523 activities when the operations or operating trust fund is a 1524 proprietary fund. 1525 b. Operations and maintenance trust fund, for use as a 1526 depository for client services funded by third-party payors. 1527 c. Administrative trust fund, for use as a depository for 1528 funds to be used for management activities that are departmental 1529 in nature and funded by indirect cost earnings and assessments 1530 against trust funds. Proprietary funds are excluded from the 1531 requirement of using an administrative trust fund. 1532 d. Grants and donations trust fund, for use as a depository 1533 for funds to be used for allowable grant or donor agreement 1534 activities funded by restricted contractual revenue from private 1535 and public nonfederal sources. 1536 e. Agency working capital trust fund, for use as a 1537 depository for funds to be used pursuant to s. 216.272. 1538 f. Clearing funds trust fund, for use as a depository for 1539 funds to account for collections pending distribution to lawful 1540 recipients. 1541 g. Federal grant trust fund, for use as a depository for 1542 funds to be used for allowable grant activities funded by 1543 restricted program revenues from federal sources. 1544 1545 To the extent possible, each agency must adjust its internal 1546 accounting to use existing trust funds consistent with the 1547 requirements of this subparagraph. If an agency does not have 1548 trust funds listed in this subparagraph and cannot make such 1549 adjustment, the agency must recommend the creation of the 1550 necessary trust funds to the Legislature no later than the next 1551 scheduled review of the agency’s trust funds pursuant to s. 1552 215.3206. 1553 3. All such moneys are hereby appropriated to be expended 1554 in accordance with the law or trust agreement under which they 1555 were received, subject always to the provisions of chapter 216 1556 relating to the appropriation of funds and to the applicable 1557 laws relating to the deposit or expenditure of moneys in the 1558 State Treasury. 1559 4.a. Notwithstanding any provision of law restricting the 1560 use of trust funds to specific purposes, unappropriated cash 1561 balances from selected trust funds may be authorized by the 1562 Legislature for transfer to the State School Trust Fund, Budget 1563 Stabilization Fund, and General Revenue Fund in the General 1564 Appropriations Act. 1565 b. This subparagraph does not apply to trust funds required 1566 by federal programs or mandates; trust funds established for 1567 bond covenants, indentures, or resolutions whose revenues are 1568 legally pledged by the state or public body to meet debt service 1569 or other financial requirements of any debt obligations of the 1570 state or any public body; the Division of Licensing Trust Fund 1571 in the Department of Agriculture and Consumer Services; the 1572 State Transportation Trust Fund; the trust fund containing the 1573 net annual proceeds from the Florida Education Lotteries; the 1574 Florida Retirement System Trust Fund; trust funds under the 1575 management of the State Board of Education or the Board of 1576 Governors of the State University System, where such trust funds 1577 are for auxiliary enterprises, self-insurance, and contracts, 1578 grants, and donations, as those terms are defined by general 1579 law; trust funds that serve as clearing funds or accounts for 1580 the Chief Financial Officer or state agencies; trust funds that 1581 account for assets held by the state in a trustee capacity as an 1582 agent or fiduciary for individuals, private organizations, or 1583 other governmental units; and other trust funds authorized by 1584 the State Constitution. 1585 Section 66. The amendment to s. 215.32(2)(b), Florida 1586 Statutes, as carried forward by this act from chapter 2010-153, 1587 Laws of Florida, shall expire July 1, 2012, and the text of that 1588 subsection shall revert to that in existence on June 30, 2010, 1589 except that any amendments to such text enacted other than by 1590 this act shall be preserved and continue to operate to the 1591 extent that such amendments are not dependent upon the portions 1592 of text which expire pursuant to this section. 1593 Section 67. In order to implement the transfer of moneys to 1594 the General Revenue Fund from trust funds in the 2011-2012 1595 General Appropriations Act, paragraph (b) of subsection (4) of 1596 section 215.5601, Florida Statutes, is reenacted and amended to 1597 read: 1598 215.5601 Lawton Chiles Endowment Fund.— 1599 (4) ADMINISTRATION.— 1600 (b) The endowment shall be managed as an annuity. The 1601 investment objective is theshall belong-term preservation of 1602 the real value of the net contributed principal and a specified 1603 regular annual cash outflow for appropriation, as nonrecurring 1604 revenue. From the annual cash outflow, a pro rata share shall be 1605 used solely for biomedical research activities as provided in 1606 paragraph (3)(d), until such time as cures are found for 1607 tobacco-related cancer and heart and lung disease. Five percent 1608 of the annual cash outflow dedicated to the biomedical research 1609 portion of the endowment shall be reinvested and applied to that 1610 portion of the endowment’s principal, with the remainder to be 1611 spent on biomedical research activities consistent with this 1612 section. The schedule of annual cash outflow mustshallbe 1613 included within the investment plan adopted under paragraph (a). 1614 Withdrawals other than specified regular cash outflow areshall1615beconsidered reductions in contributed principal for the 1616 purposes of this subsection. 1617 Section 68. The amendment to s. 215.5601(b), Florida 1618 Statutes, as carried forward by this act from chapter 2010-153, 1619 Laws of Florida, shall expire July 1, 2012, and the text of that 1620 subsection shall revert to that in existence on June 30, 2010, 1621 except that any amendments to such text enacted other than by 1622 this act shall be preserved and continue to operate to the 1623 extent that such amendments are not dependent upon the portions 1624 of text which expire pursuant to this section. 1625 Section 69. In order to implement the issuance of new debt 1626 authorized in the 2011-2012 General Appropriations Act, and 1627 pursuant to s. 215.98, Florida Statutes, the Legislature 1628 determines that the authorization and issuance of debt for the 1629 2011-2012 fiscal year should be implemented, is in the best 1630 interest of the state, and necessary to address a critical state 1631 emergency. This section expires July 1, 2012. 1632 Section 70. In order to implement the funds appropriated in 1633 the 2011-2012 General Appropriations Act for state employee 1634 travel, the funds appropriated to each state agency, which may 1635 be used for travel by state employees, are limited during the 1636 2011-2012 fiscal year to travel for activities that are critical 1637 to each state agency’s mission. Funds may not be used to pay for 1638 travel by state employees to foreign countries, other states, 1639 conferences, staff-training activities, or other administrative 1640 functions unless the agency head has approved in writing that 1641 such activities are critical to the agency’s mission. The agency 1642 head must consider the use of teleconferencing and other forms 1643 of electronic communication to meet the needs of the proposed 1644 activity before approving mission-critical travel. This section 1645 does not apply to travel for law enforcement purposes, military 1646 purposes, emergency management activities, or public health 1647 activities. This section expires July 1, 2012. 1648 Section 71. In order to implement the appropriations 1649 authorized in the 2011-2012 General Appropriations Act for each 1650 of the state’s designated primary data centers, which are funded 1651 from the data processing appropriation category and other 1652 categories used to pay for computing services of user agencies, 1653 and pursuant to the notice, review, and objection procedures of 1654 s. 216.177, Florida Statutes, the Executive Office of the 1655 Governor may transfer funds appropriated in any appropriation 1656 category used to pay for data processing in the 2011-2012 1657 General Appropriations Act between agencies in order to align 1658 the budget authority granted with the utilization rate of each 1659 department. This section expires July 1, 2012. 1660 Section 72. State agencies that are required to begin 1661 planning for a data center consolidation scheduled for a 1662 subsequent fiscal year may accelerate the consolidation into the 1663 2011-2012 fiscal year, contingent upon approval by the 1664 Legislative Budget Commission of budget adjustments necessary to 1665 accomplish the consolidation. The primary data center may 1666 establish positions contingent on an equal or greater number of 1667 positions being placed in reserve from the agency data centers 1668 being consolidated. This section expires July 1, 2012. 1669 Section 73. In order to implement Specific Appropriation 1670 2690 of the 2011-2012 General Appropriations Act, the Executive 1671 Office of the Governor may transfer funds appropriated in the 1672 appropriation category “Expenses” of the 2011-2012 General 1673 Appropriations Act between agencies in order to allocate a 1674 reduction relating to SUNCOM Services. This section expires July 1675 1, 2012. 1676 Section 74. In order to implement section 8 of the General 1677 Appropriations Act for the 2011-2012 fiscal year, paragraph (a) 1678 of subsection (7) of section 110.12315, Florida Statutes, is 1679 reenacted to read: 1680 110.12315 Prescription drug program.—The state employees’ 1681 prescription drug program is established. This program shall be 1682 administered by the Department of Management Services, according 1683 to the terms and conditions of the plan as established by the 1684 relevant provisions of the annual General Appropriations Act and 1685 implementing legislation, subject to the following conditions: 1686 (7) Under the state employees’ prescription drug program 1687 copayments must be made as follows: 1688 (a) Effective January 1, 2011, for the State Group Health 1689 Insurance Standard Plan: 1690 1. For generic drug with card.........................$7. 1691 2. For preferred brand name drug with card...........$30. 1692 3. For nonpreferred brand name drug with card........$50. 1693 4. For generic mail order drug.......................$14. 1694 5. For preferred brand name mail order drug..........$60. 1695 6. For nonpreferred brand name mail order drug......$100. 1696 Section 75. The amendment to s. 110.12315(7)(a), Florida 1697 Statutes, as carried forward by this act from chapter 2010-153, 1698 Laws of Florida, shall expire on July 1, 2012, and the text of 1699 that paragraph shall revert to that in existence on December 31, 1700 2010, except that any amendments to such text enacted other than 1701 by this act shall be preserved and continue to operate to the 1702 extent that such amendments are not dependent upon the portions 1703 of text which expire pursuant to this section. 1704 Section 76. In order to implement Specific Appropriations 1705 2587 through 2597 of the 2011-2012 General Appropriations Act, 1706 and notwithstanding chapter 255, Florida Statutes, the 1707 Department of Management Services shall use the services of a 1708 tenant broker to renegotiate all leases over 150,000 square 1709 feet. Based on the renegotiations, and by September 30, 2011, 1710 the department shall report to the Legislative Budget Commission 1711 the projected savings, implementation costs, and recommendations 1712 for leases to terminate. 1713 (1) The report shall also identify any leases that do not 1714 comply with state law or the State Constitution, including 1715 noncompliance due to a nonappropriation clause, and include 1716 recommendations to bring such leases into compliance by June 30, 1717 2012. 1718 (2) State agencies shall propose budget amendments pursuant 1719 to chapter 216, Florida Statutes, to place the budget authority 1720 associated with the cost savings into reserve. If it is 1721 determined that additional savings may be derived from 1722 consolidating, collocating, and or restacking office space, the 1723 Executive Office of the Governor may transfer funds appropriated 1724 between agencies, subject to the notice, review, and objection 1725 procedures of s. 216.177, Florida Statutes. 1726 (3) This section expires July 1, 2012. 1727 Section 77. In order to implement appropriations used for 1728 the payments of existing lease contracts for private office or 1729 storage space in excess of 2,000 square feet, the Department of 1730 Management Services, together with the cooperation of the 1731 agencies having the existing lease contracts, shall seek to 1732 renegotiate or reprocure all private lease agreements expiring 1733 before June 30, 2013, in order to achieve a reduction in costs 1734 in future years. The department shall incorporate this 1735 initiative into its 2011 Master Leasing Report and may use 1736 tenant broker services to explore the possibilities of 1737 collocation, to review the space needs of each agency, and to 1738 review the length and terms of potential renewals or 1739 renegotiations. The department shall provide a report by March 1740 1, 2012, to the Executive Office of the Governor, the President 1741 of the Senate, and the Speaker of the House of Representatives 1742 which lists each lease contract for private office or storage 1743 space, the status of renegotiations, and the savings achieved. 1744 This section expires July 1, 2012. 1745 Section 78. In order to implement specific appropriations 1746 for the purchase of pharmacy products in the 2011-2012 General 1747 Appropriations Act the Department of Management Services shall 1748 issue by November 1, 2011, a competitive solicitation pursuant 1749 to chapter 287 for a pharmaceutical purchasing arrangement as a 1750 state term contract. The solicitation shall invite group 1751 purchasing organizations or other vendors to offer a system for 1752 drug purchasing, excluding those drugs purchased by Medicaid, 1753 which provides transparent pricing to the extent permitted by 1754 federal law, permits purchases outside the agreement if such 1755 purchases offer the best value to the state, and establishes a 1756 preferred drug list that utilizes generic drugs to the extent 1757 feasible and cost effective. The department shall work with 1758 other agencies with subject matter expertise in the 1759 implementation of this section. Award of any contract is 1760 contingent upon the approval of the Legislative Budget 1761 Commission that the requirements of this section have been met. 1762 Upon approval of the Legislative Budget Commission, the 1763 Department of Health shall terminate its participation in the 1764 Minnesota Multistate Contracting Alliance for Pharmacy. 1765 Section 79. In order to implement Specific Appropriation 1766 193 of the 2011-2012 General Appropriations Act and 1767 notwithstanding chapter 287, Florida Statutes, the Agency for 1768 Health Care Administration shall competitively reprocure a 1769 Florida Discount Drug Card Program to provide market competitive 1770 discounts through a broad network of retail pharmacies and a 1771 mail order pharmacy within the state and return money to the 1772 state on a per prescription dispensed basis. Discounts shall be 1773 available to Florida residents without income restrictions. 1774 Residents shall be able to enroll and acquire a member 1775 identification card from the participating pharmacies, online 1776 and through text messaging, without a charge. Revenues derived 1777 from this contract shall be deposited into the agency’s Grants 1778 and Donations Trust Fund to reduce the cost of Medicaid pharmacy 1779 purchases. This section expires July 1, 2012. 1780 Section 80. In order to implement specific appropriations 1781 for Expense and Other Capital Outlay in the 2011-2012 General 1782 Appropriations Act, subsection (8) is added to section 946.515, 1783 Florida Statutes, to read: 1784 946.515 Use of goods and services produced in correctional 1785 work programs.— 1786 (8) On June 30, 2012, each state agency must submit a 1787 report to the President of the Senate and the Speaker of the 1788 House of Representatives which lists products or services 1789 obtained from a source other than the corporation when a 1790 comparable product or service could have been obtained from the 1791 corporation. The report must include an explanation of why the 1792 product or service was not obtained from the corporation. This 1793 subsection expires July 1, 2012. 1794 Section 81. Any section of this act which implements a 1795 specific appropriation or specifically identified proviso 1796 language in the 2011-2012 General Appropriations Act is void if 1797 the specific appropriation or specifically identified proviso 1798 language is vetoed. Any section of this act which implements 1799 more than one specific appropriation or more than one portion of 1800 specifically identified proviso language in the 2011-2012 1801 General Appropriations Act is void if all the specific 1802 appropriations or portions of specifically identified proviso 1803 language are vetoed. 1804 Section 82. If any other act passed during the 2011 Regular 1805 Session contains a provision that is substantively the same as a 1806 provision in this act, but that removes or is otherwise not 1807 subject to the future repeal applied to such provision by this 1808 act, the Legislature intends that the provision in the other act 1809 takes precedence and continues to operate, notwithstanding the 1810 future repeal provided by this act. 1811 Section 83. If any provision of this act or its application 1812 to any person or circumstance is held invalid, the invalidity 1813 does not affect other provisions or applications of the act 1814 which can be given effect without the invalid provision or 1815 application, and to this end the provisions of this act are 1816 severable. 1817 Section 84. Except as otherwise expressly provided in this 1818 act and except for this section, which shall take effect upon 1819 this act becoming a law, this act shall take effect July 1, 1820 2011; or, if this act fails to become a law until after that 1821 date, it shall take effect upon becoming a law and shall operate 1822 retroactively to July 1, 2011.