Bill Text: FL S7088 | 2010 | Regular Session | Introduced
Bill Title: Implementing 2010-2011 General Appropriations Act
Spectrum: Unknown
Status: (N/A - Dead) 2010-03-25 - Submit as committee bill by Policy & Steering Committee on Ways and Means (SB 2702) [S7088 Detail]
Download: Florida-2010-S7088-Introduced.html
Florida Senate - 2010 (PROPOSED COMMITTEE BILL) SPB 7088 FOR CONSIDERATION By the Policy and Steering Committee on Ways and Means 576-02322E-10 20107088__ 1 A bill to be entitled 2 An act implementing the 2010-2011 General 3 Appropriations Act; providing legislative intent; 4 amending s. 216.292, F.S.; delaying the expiration of 5 provisions providing for the Legislative Budget 6 Commission to review and approve recommendations by 7 the Governor for fixed capital outlay projects funded 8 by grants awarded from the American Recovery and 9 Reinvestment Act of 2009; authorizing the Executive 10 Office of the Governor to transfer funds appropriated 11 for the American Recovery and Reinvestment Act of 2009 12 in traditional appropriation categories in the General 13 Appropriations Act to appropriation categories 14 established for the specific purpose of tracking funds 15 appropriated pursuant to that act; providing for 16 future expiration; amending s. 110.123, F.S., relating 17 to the state group insurance program; requiring that, 18 for the 2010-2011 fiscal year only, the state 19 contribution toward the cost of a plan is the 20 difference between the overall premium and the 21 employee contribution; authorizing the Executive 22 Office of the Governor to transfer funds between 23 departments for purposes of aligning amounts paid for 24 risk management premiums and for purposes of aligning 25 amounts paid for human resource management services; 26 providing that the annual salary of the members of the 27 Legislature be reduced by 7 percent; providing for 28 future expiration; amending s. 112.24, F.S.; delaying 29 the expiration of provisions providing conditions on 30 the assignment of an employee of a state agency 31 without reimbursement from the receiving agency; 32 reenacting s. 215.32(2)(b), F.S., relating to the 33 source and use of certain trust funds in order to 34 implement the transfer of moneys in the General 35 Revenue Fund from trust funds in the 2010-2011 General 36 Appropriations Act; reenacting s. 215.5601(4)(b), 37 F.S., relating to the administration of the Lawton 38 Chiles Endowment Fund; providing a statement of public 39 interest with respect to the issuance of new debt to 40 address a critical state emergency; requiring that the 41 Office of State Courts Administrator report to the 42 Legislature the number of assigned new and reopened 43 cases and the number of cases closed by each judge in 44 each division and circuit for a specified period; 45 authorizing the Department of Corrections and the 46 Department of Juvenile Justice to use certain 47 appropriated funds to assist in defraying the costs 48 incurred by a county or a municipality to open or 49 operate certain facilities; limiting the amount of 50 such assistance; providing for the expiration of the 51 authority to provide the assistance; amending s. 52 29.008, F.S.; providing counties with an exemption 53 from the requirement to annually increase certain 54 expenditures by a specified percentage for the 2010 55 2011 fiscal year; amending s. 216.262, F.S.; delaying 56 the expiration of provisions directing the Department 57 of Corrections to seek a budget amendment for 58 additional positions and appropriations if the inmate 59 population exceeds a certain estimate under certain 60 circumstances; authorizing the Department of Legal 61 Affairs to spend certain appropriated funds on 62 programs that were funded by the department from 63 specific appropriations in general appropriations acts 64 in prior years; providing for the expiration of the 65 authority to spend those appropriations; amending s. 66 394.908, F.S.; delaying the expiration of a provision 67 requiring that funds appropriated for forensic mental 68 health treatment services be allocated to certain 69 areas of the state; prohibiting a state agency from 70 adopting or implementing a rule or policy that 71 mandates new nitrogen-reduction limits that apply to 72 existing or new onsite sewage treatment systems, has 73 the effect of requiring the use of performance-based 74 treatment systems, or increases the cost of treatment 75 for nitrogen reduction from onsite systems before a 76 specified study is completed; providing for future 77 expiration; amending s. 253.034, F.S.; delaying the 78 expiration of provisions authorizing the deposit of 79 funds derived from the sale of property by the 80 Department of Citrus into the Citrus Advertising Trust 81 Fund; reenacting s. 255.518(1)(b), F.S., relating to 82 the payment of obligations during the construction of 83 a facility financed by such obligations; providing for 84 the future expiration of certain amendments to such 85 provision and for the reversion of statutory text; 86 amending s. 373.59, F.S.; delaying the expiration of 87 provisions providing for the allocation of moneys from 88 the Water Management Lands Trust Fund for certain 89 purposes; amending s. 375.041, F.S.; providing for the 90 transfer of moneys from the Land Acquisition Trust 91 Fund to support the Clean Water State Revolving Fund 92 and Drinking Water State Revolving Fund programs, 93 rather than to the Ecosystem Management and 94 Restoration Trust Fund for grants and aids to local 95 governments for water projects; providing for future 96 expiration; reenacting s. 403.1651(1)(g), F.S., 97 relating to the use of funds from the Ecosystem 98 Management and Restoration Trust Fund for the purpose 99 of funding activities to preserve and repair the 100 state’s beaches; providing for future expiration of 101 certain amendments to such provision and for the 102 reversion of statutory text; amending s. 403.1651, 103 F.S.; providing for the transfer of moneys from the 104 Ecosystem Management and Restoration Trust Fund to the 105 General Inspection Trust Fund for the Farm Share, Food 106 Banks, and Mosquito Control program and the 107 Technological Research and Development Authority; 108 providing for future expiration; amending s. 570.20, 109 F.S.; delaying the expiration of provisions 110 authorizing the Department of Agriculture and Consumer 111 Services to use funds from the General Inspection 112 Trust Fund for certain programs; amending s. 403.7095, 113 F.S.; delaying the expiration of provisions requiring 114 that the Department of Environmental Protection award 115 a specified amount in grants equally to certain 116 counties for waste tire and litter prevention, 117 recycling education, and general solid waste programs; 118 authorizing the Department of Agriculture and Consumer 119 Services to extend, revise, and renew current 120 contracts or agreements created or entered into for 121 the purpose of promoting agriculture; providing for 122 future expiration; requiring the Executive Office of 123 the Governor to sell the King Air 350 airplane; 124 requiring the receipts from the sale of the airplane 125 to be deposited into the Bureau of Aircraft Trust 126 Fund; requiring the Department of Financial Services 127 to issue a solicitation for office supplies and award 128 a multiple supplier contract by a specified date; 129 amending s. 339.135, F.S.; delaying the expiration of 130 provisions requiring that the Department of 131 Transportation transfer funds to the Office of 132 Tourism, Trade, and Economic Development for the 133 purpose of funding transportation-related needs of 134 economic development; authorizing such funds to be 135 used for the additional purposes of space and 136 aerospace infrastructure and urban redevelopment 137 infrastructure projects; amending s. 339.08, F.S.; 138 delaying the expiration of provisions relating to the 139 use of moneys in the State Transportation Trust Fund 140 for certain administrative expenses; delaying the 141 expiration of provisions authorizing the Department of 142 Transportation to use moneys from the State 143 Transportation Trust Fund to pay for county and school 144 district transportation infrastructure improvements; 145 amending s. 445.009, F.S.; delaying the expiration of 146 provisions designating participants in an adult or 147 youth work experience activity under ch. 445, F.S., as 148 employees of the state for purposes of workers’ 149 compensation coverage; amending s. 163.3247, F.S.; 150 removing a provision that entitles members of the 151 Century Commission for a Sustainable Florida to 152 receive per diem and travel expenses; providing for 153 future expiration of the amendment to such provision 154 and for the reversion of statutory text; amending s. 155 201.15, F.S.; revising provisions relating to funds 156 deposited into the Grants and Donations Trust Fund in 157 the Department of Community Affairs which are used to 158 fund the Century Commission; providing for future 159 expiration of the amendment to such provision and for 160 the reversion of statutory text; amending s. 215.559, 161 F.S.; delaying the expiration of provisions relating 162 to the Hurricane Loss Mitigation Program; revising the 163 amount appropriated for the purpose of inspecting and 164 improving tie-downs for mobile homes; providing an 165 appropriation to the State Logistics Response Center 166 for certain purposes; providing an appropriation to be 167 competitively bid to improve the wind resistance of 168 residences and mobile homes; revising the amount 169 allocated for the operational purposes; reenacting s. 170 332.007(8), F.S., relating to the funding of security 171 projects at publicly owned public-use airports; 172 providing for the future expiration of certain 173 amendments to such provision and for the reversion of 174 statutory text; amending s. 216.292, F.S.; authorizing 175 the transfer of funds for fixed capital outlay between 176 specified appropriation categories; providing for 177 future expiration; authorizing the Executive Office of 178 the Governor to transfer funds for use by the state’s 179 designated primary data centers, pursuant to statutory 180 procedures for notice, review, and objection; 181 authorizing agencies to transfer funds from data 182 processing appropriation categories to other 183 appropriation categories in order to support and 184 manage computer resources, notwithstanding other 185 provisions of law; authorizing the Executive Office of 186 the Governor to transfer funds between agencies in 187 order to allocate a reduction relating to SUNCOM; 188 providing for future expiration; requiring that the 189 Department of Juvenile Justice comply with specified 190 reimbursement limitations with respect to payments to 191 hospitals or health care providers for health care 192 services; authorizing certain payments pursuant to a 193 contracted rate only until the contract expires or is 194 renewed; defining the term “hospital” for purposes of 195 such limitations; providing for future expiration; 196 providing for the effect of a veto of one or more 197 specific appropriations or proviso provisions to which 198 implementing language refers; providing for the 199 continued operation of certain provisions, 200 notwithstanding a future repeal or expiration provided 201 by the act; providing for severability; providing for 202 contingent retroactive application; providing an 203 effective date. 204 205 Be It Enacted by the Legislature of the State of Florida: 206 207 Section 1. It is the intent of the Legislature that the 208 implementing and administering provisions of this act apply to 209 the General Appropriations Act for the 2010-2011 fiscal year. 210 Section 2. In order to implement sections 2 through 7 of 211 the 2010-2011 General Appropriations Act, paragraph (b) of 212 subsection (5) of section 216.292, Florida Statutes, is amended 213 to read: 214 216.292 Appropriations nontransferable; exceptions.— 215 (5) 216 (b) Notwithstanding paragraph (a), and for the 2010-2011 2172009-2010fiscal year only, the Governor may recommend the 218 initiation of fixed capital outlay projects funded by grants 219 awarded by the Federal Government through the American Recovery 220 and Reinvestment Act of 2009. All actions taken pursuant to the 221 authority granted in the paragraph are subject to review and 222 approval by the Legislative Budget Commission. This paragraph 223 expires July 1, 20112010. 224 Section 3. In order to implement sections 2 through 7 of 225 the 2010-2011 General Appropriations Act, the Executive Office 226 of the Governor is authorized to transfer funds appropriated for 227 the American Recovery and Reinvestment Act of 2009 (ARRA) in 228 traditional appropriation categories in the 2010-2011 General 229 Appropriations Act to appropriation categories established for 230 the specific purpose of tracking funds appropriated for the 231 ARRA. This section expires July 1, 2011. 232 Section 4. In order to implement section 8 of the 2010-2011 233 General Appropriations Act, paragraph (j) is added to subsection 234 (3) of section 110.123, Florida Statutes, to read 235 110.123 State group insurance program.— 236 (3) STATE GROUP INSURANCE PROGRAM.— 237 (j) Notwithstanding the provisions of paragraph (f) 238 requiring uniform contributions, and for the 2010-2011 fiscal 239 year only, the state contribution toward the cost of any plan in 240 the state group insurance plan shall be the difference between 241 the overall premium and the employee contribution. This section 242 expires June 30, 2011. 243 Section 5. In order to implement the appropriation of funds 244 in Special Categories-Risk Management Insurance of the 2010-2011 245 General Appropriations Act, and pursuant to the notice, review, 246 and objection procedures of s. 216.177, Florida Statutes, the 247 Executive Office of the Governor is authorized to transfer funds 248 appropriated in the appropriation category “Special Categories 249 Risk Management Insurance” of the 2010-2011 General 250 Appropriations Act between departments in order to align the 251 budget authority granted with the premiums paid by each 252 department for risk management insurance. This section expires 253 July 1, 2011. 254 Section 6. In order to implement the appropriation of funds 255 in Special Categories-Transfer to Department of Management 256 Services-Human Resources Services Purchased Per Statewide 257 Contract of the 2010-2011 General Appropriations Act, and 258 pursuant to the notice, review, and objection procedures of s. 259 216.177, Florida Statutes, the Executive Office of the Governor 260 is authorized to transfer funds appropriated in the 261 appropriation category “Special Categories-Transfer to 262 Department of Management Services-Human Resources Services 263 Purchased Per Statewide Contract” of the 2010-2011 General 264 Appropriations Act between departments in order to align the 265 budget authority granted with the assessments that must be paid 266 by each agency to the Department of Management Services for 267 human resource management services. This section expires July 1, 268 2011. 269 Section 7. In order to implement Specific Appropriations 270 2768 and 2769 of the 2010-2011 General Appropriations Act: 271 (1) Notwithstanding the provisions of s. 11.13(1), Florida 272 Statutes, relating to the annual adjustment of salaries for 273 members of the Legislature, to the contrary, for the 2010-2011 274 fiscal year only, the authorized salaries of members of the 275 Legislature in effect on June 30, 2010, shall be reduced by 7 276 percent. 277 (2) Effective June 30, 2011, the annual salaries of members 278 of the Legislature shall be set at the amounts authorized and in 279 effect on June 30, 2010, pursuant to subsection (2) of section 280 48 of chapter 2009-82, Laws of Florida. 281 (3) This section expires July 1, 2011. 282 Section 8. In order to implement Specific Appropriations 283 for salaries and benefits in the 2010-2011 General 284 Appropriations Act, paragraph (b) of subsection (3) of section 285 112.24, Florida Statutes, is amended to read: 286 112.24 Intergovernmental interchange of public employees. 287 To encourage economical and effective utilization of public 288 employees in this state, the temporary assignment of employees 289 among agencies of government, both state and local, and 290 including school districts and public institutions of higher 291 education is authorized under terms and conditions set forth in 292 this section. State agencies, municipalities, and political 293 subdivisions are authorized to enter into employee interchange 294 agreements with other state agencies, the Federal Government, 295 another state, a municipality, or a political subdivision 296 including a school district, or with a public institution of 297 higher education. State agencies are also authorized to enter 298 into employee interchange agreements with private institutions 299 of higher education and other nonprofit organizations under the 300 terms and conditions provided in this section. In addition, the 301 Governor or the Governor and Cabinet may enter into employee 302 interchange agreements with a state agency, the Federal 303 Government, another state, a municipality, or a political 304 subdivision including a school district, or with a public 305 institution of higher learning to fill, subject to the 306 requirements of chapter 20, appointive offices which are within 307 the executive branch of government and which are filled by 308 appointment by the Governor or the Governor and Cabinet. Under 309 no circumstances shall employee interchange agreements be 310 utilized for the purpose of assigning individuals to participate 311 in political campaigns. Duties and responsibilities of 312 interchange employees shall be limited to the mission and goals 313 of the agencies of government. 314 (3) Salary, leave, travel and transportation, and 315 reimbursements for an employee of a sending party that is 316 participating in an interchange program shall be handled as 317 follows: 318 (b)1. The assignment of an employee of a state agency 319 either on detail or on leave of absence may be made without 320 reimbursement by the receiving party for the travel and 321 transportation expenses to or from the place of the assignment 322 or for the pay and benefits, or a part thereof, of the employee 323 during the assignment. 324 2. For the 2010-20112009-2010fiscal year only, the 325 assignment of an employee of a state agency as provided in 326 subparagraph 1. may be made if recommended by the Governor or 327 Chief Justice, as appropriate, and approved by the chairs of the 328 Senate Policy and Steering Committee on Ways and Means and the 329 House Full Appropriations Council on General Government and 330 Health Care. Such actions shall be deemed approved if neither 331 chair provides written notice of objection within 14 days after 332 the chair’s receiving notice of the action pursuant to s. 333 216.177. This subparagraph expires July 1, 20112010. 334 Section 9. In order to implement the transfer of moneys to 335 the General Revenue Fund from trust funds in the 2010-2011 336 General Appropriations Act, paragraph (b) of subsection (2) of 337 section 215.32, Florida Statutes, is reenacted to read: 338 215.32 State funds; segregation.— 339 (2) The source and use of each of these funds shall be as 340 follows: 341 (b)1. The trust funds shall consist of moneys received by 342 the state which under law or under trust agreement are 343 segregated for a purpose authorized by law. The state agency or 344 branch of state government receiving or collecting such moneys 345 shall be responsible for their proper expenditure as provided by 346 law. Upon the request of the state agency or branch of state 347 government responsible for the administration of the trust fund, 348 the Chief Financial Officer may establish accounts within the 349 trust fund at a level considered necessary for proper 350 accountability. Once an account is established within a trust 351 fund, the Chief Financial Officer may authorize payment from 352 that account only upon determining that there is sufficient cash 353 and releases at the level of the account. 354 2. In addition to other trust funds created by law, to the 355 extent possible, each agency shall use the following trust funds 356 as described in this subparagraph for day-to-day operations: 357 a. Operations or operating trust fund, for use as a 358 depository for funds to be used for program operations funded by 359 program revenues, with the exception of administrative 360 activities when the operations or operating trust fund is a 361 proprietary fund. 362 b. Operations and maintenance trust fund, for use as a 363 depository for client services funded by third-party payors. 364 c. Administrative trust fund, for use as a depository for 365 funds to be used for management activities that are departmental 366 in nature and funded by indirect cost earnings and assessments 367 against trust funds. Proprietary funds are excluded from the 368 requirement of using an administrative trust fund. 369 d. Grants and donations trust fund, for use as a depository 370 for funds to be used for allowable grant or donor agreement 371 activities funded by restricted contractual revenue from private 372 and public nonfederal sources. 373 e. Agency working capital trust fund, for use as a 374 depository for funds to be used pursuant to s. 216.272. 375 f. Clearing funds trust fund, for use as a depository for 376 funds to account for collections pending distribution to lawful 377 recipients. 378 g. Federal grant trust fund, for use as a depository for 379 funds to be used for allowable grant activities funded by 380 restricted program revenues from federal sources. 381 382 To the extent possible, each agency must adjust its internal 383 accounting to use existing trust funds consistent with the 384 requirements of this subparagraph. If an agency does not have 385 trust funds listed in this subparagraph and cannot make such 386 adjustment, the agency must recommend the creation of the 387 necessary trust funds to the Legislature no later than the next 388 scheduled review of the agency’s trust funds pursuant to s. 389 215.3206. 390 3. All such moneys are hereby appropriated to be expended 391 in accordance with the law or trust agreement under which they 392 were received, subject always to the provisions of chapter 216 393 relating to the appropriation of funds and to the applicable 394 laws relating to the deposit or expenditure of moneys in the 395 State Treasury. 396 4.a. Notwithstanding any provision of law restricting the 397 use of trust funds to specific purposes, unappropriated cash 398 balances from selected trust funds may be authorized by the 399 Legislature for transfer to the Budget Stabilization Fund and 400 General Revenue Fund in the General Appropriations Act. 401 b. This subparagraph does not apply to trust funds required 402 by federal programs or mandates; trust funds established for 403 bond covenants, indentures, or resolutions whose revenues are 404 legally pledged by the state or public body to meet debt service 405 or other financial requirements of any debt obligations of the 406 state or any public body; the State Transportation Trust Fund; 407 the trust fund containing the net annual proceeds from the 408 Florida Education Lotteries; the Florida Retirement System Trust 409 Fund; trust funds under the management of the State Board of 410 Education or the Board of Governors of the State University 411 System, where such trust funds are for auxiliary enterprises, 412 self-insurance, and contracts, grants, and donations, as those 413 terms are defined by general law; trust funds that serve as 414 clearing funds or accounts for the Chief Financial Officer or 415 state agencies; trust funds that account for assets held by the 416 state in a trustee capacity as an agent or fiduciary for 417 individuals, private organizations, or other governmental units; 418 and other trust funds authorized by the State Constitution. 419 Section 10. Paragraph (b) of subsection (4) of section 420 215.5601, Florida Statutes, is reenacted to read: 421 215.5601 Lawton Chiles Endowment Fund.— 422 (4) ADMINISTRATION.— 423 (b) The endowment shall be managed as an annuity. The 424 investment objective shall be long-term preservation of the real 425 value of the net contributed principal and a specified regular 426 annual cash outflow for appropriation, as nonrecurring revenue. 427 From the annual cash outflow, a pro rata share shall be used 428 solely for biomedical research activities as provided in 429 paragraph (3)(d), until such time as cures are found for 430 tobacco-related cancer and heart and lung disease. Five percent 431 of the annual cash outflow dedicated to the biomedical research 432 portion of the endowment shall be reinvested and applied to that 433 portion of the endowment’s principal, with the remainder to be 434 spent on biomedical research activities consistent with this 435 section. The schedule of annual cash outflow shall be included 436 within the investment plan adopted under paragraph (a). 437 Withdrawals other than specified regular cash outflow shall be 438 considered reductions in contributed principal for the purposes 439 of this subsection. 440 Section 11. In order to implement the issuance of new debt 441 authorized in the 2010-2011 General Appropriations Act, and 442 pursuant to the requirements of s. 215.98, Florida Statutes, the 443 Legislature determines that the authorization and issuance of 444 debt for the 2010-2011 fiscal year should be implemented and is 445 in the best interest of the state and necessary to address a 446 critical state emergency. 447 Section 12. In order to implement Specific Appropriations 448 3238 through 3260 of the 2010-2011 General Appropriations Act, 449 the Office of State Courts Administrator shall report by 450 February 15, 2011, to the chairs of the Senate Policy and 451 Steering Committee on Ways and Means and the House Full 452 Appropriations Council on Education and Economic Development, 453 the number of assigned new and reopened cases and the number of 454 cases closed by each judge in each division and circuit for the 455 period January 1, 2010, through December 31, 2010. 456 Section 13. In order to fulfill legislative intent 457 regarding the use of funds contained in Specific Appropriations 458 639, 651, 663, and 1188 of the 2010-2011 General Appropriations 459 Act, the Department of Corrections and the Department of 460 Juvenile Justice may expend appropriated funds to assist in 461 defraying the costs of impacts that are incurred by a 462 municipality or county and that are associated with opening or 463 operating a facility under the authority of the respective 464 department. The amount paid for any facility may not exceed 1 465 percent of the cost to construct the facility, less building 466 impact fees imposed by the municipality or county. This section 467 expires July 1, 2011. 468 Section 14. In order to implement section VII of the 2010 469 2011 General Appropriations Act, paragraph (c) is added to 470 subsection (4) of section 29.008, Florida Statutes, to read: 471 29.008 County funding of court-related functions.— 472 (4) 473 (c) Counties are exempt from all requirements and 474 provisions of paragraph (a) for the 2010-2011 fiscal year. 475 Accordingly, for the 2010-2011 fiscal year, counties shall 476 maintain, but are not required to increase, their expenditures 477 for the items specified in paragraphs (1)(a)-(h) and subsection 478 (3). The requirements described in paragraph (a) shall be 479 reinstated beginning with the 2011-2012 fiscal year. This 480 paragraph expires July 1, 2011. 481 Section 15. In order to implement Specific Appropriations 482 629 through 728 and 747 through 781 of the 2010-2011 General 483 Appropriations Act, subsection (4) of section 216.262, Florida 484 Statutes, is amended to read: 485 216.262 Authorized positions.— 486 (4) Notwithstanding the provisions of this chapter on 487 increasing the number of authorized positions, and for the 2010 488 20112009-2010fiscal year only, if the actual inmate population 489 of the Department of Corrections exceeds the inmate population 490 projections of the February 19, 2010April 30, 2009, Criminal 491 Justice Estimating Conference by 1 percent for 2 consecutive 492 months or 2 percent for any month, the Executive Office of the 493 Governor, with the approval of the Legislative Budget 494 Commission, shall immediately notify the Criminal Justice 495 Estimating Conference, which shall convene as soon as possible 496 to revise the estimates. The Department of Corrections may then 497 submit a budget amendment requesting the establishment of 498 positions in excess of the number authorized by the Legislature 499 and additional appropriations from unallocated general revenue 500 sufficient to provide for essential staff, fixed capital 501 improvements, and other resources to provide classification, 502 security, food services, health services, and other variable 503 expenses within the institutions to accommodate the estimated 504 increase in the inmate population. All actions taken pursuant to 505 the authority granted in this subsection shall be subject to 506 review and approval by the Legislative Budget Commission. This 507 subsection expires July 1, 20112010. 508 Section 16. In order to implement Specific Appropriations 509 1343 and 1344 of the 2010-2011 General Appropriations Act, the 510 Department of Legal Affairs is authorized to expend appropriated 511 funds in those specific appropriations on the same programs that 512 were funded by the department pursuant to specific 513 appropriations made in general appropriations acts in prior 514 years. This section expires July 1, 2011. 515 Section 17. In order to implement Specific Appropriations 516 324 through 345 of the 2010-2011 General Appropriations Act, 517 paragraph (b) of subsection (3) of section 394.908, Florida 518 Statutes, is amended to read: 519 394.908 Substance abuse and mental health funding equity; 520 distribution of appropriations.—In recognition of the historical 521 inequity in the funding of substance abuse and mental health 522 services for the department’s districts and regions and to 523 rectify this inequity and provide for equitable funding in the 524 future throughout the state, the following funding process shall 525 be used: 526 (3) 527 (b) Notwithstanding paragraph (a) and for the 2010-2011 5282009-2010fiscal year only, funds appropriated for forensic 529 mental health treatment services shall be allocated to the areas 530 of the state having the greatest demand for services and 531 treatment capacity. This paragraph expires July 1, 20112010. 532 Section 18. (1) In order to implement proviso following 533 Specific Appropriation 486 of the 2010-2011 General 534 Appropriations Act, and for the 2010-2011 fiscal year only, 535 notwithstanding any law to the contrary, a state agency may not 536 adopt or implement a rule or policy that: 537 (a) Mandates or establishes new nitrogen-reduction limits 538 that apply to existing or new onsite sewage treatment systems; 539 (b) Has the effect of requiring the use of performance 540 based treatment systems; or 541 (c) Increases the cost of treatment for nitrogen reduction 542 from onsite systems, before completion and reporting of phase II 543 of the study required in proviso following Specific 544 Appropriation 486 is completed. 545 (2) This section expires July 1, 2011. 546 Section 19. In order to implement Specific Appropriations 547 2379 through 2401 of the 2010-2011 General Appropriations Act, 548 subsection (14) of section 253.034, Florida Statutes, is amended 549 to read: 550 253.034 State-owned lands; uses.— 551 (14) Notwithstanding the provisions of this section, funds 552 derived from the sale of property by the Department of Citrus 553 located in Lakeland, Florida, are authorized to be deposited 554 into the Citrus Advertising Trust Fund. This subsection expires 555 July 1, 20112010. 556 Section 20. In order to implement Specific Appropriation 557 1708Q of the 2010-2011 General Appropriations Act, paragraph (b) 558 of subsection (1) of section 255.518, Florida Statutes, is 559 reenacted to read: 560 255.518 Obligations; purpose, terms, approval, 561 limitations.— 562 (1) 563 (b) Payment of debt service charges on obligations during 564 the construction of any facility financed by such obligations 565 shall be made from funds other than proceeds of obligations. 566 Section 21. The amendment to s. 255.518(1)(b), Florida 567 Statutes, as carried forward by this act from chapter 2008-153 568 and chapter 2009-82, Laws of Florida, shall expire July 1, 2011, 569 and the text of that paragraph shall revert to that in existence 570 on June 30, 2008, except that any amendments to such text 571 enacted other than by this act shall be preserved and continue 572 to operate to the extent that such amendments are not dependent 573 upon the portions of such text which expire pursuant to this 574 section. 575 Section 22. In order to implement Specific Appropriation 576 1692 of the 2010-2011 General Appropriations Act, subsection 577 (12) of section 373.59, Florida Statutes, is amended to read: 578 373.59 Water Management Lands Trust Fund.— 579 (12) Notwithstanding the provisions of subsection (8) and 580 for the 2010-20112009-2010fiscal year only, the moneys from 581 the Water Management Lands Trust Fund shall be allocated as 582 follows: 583 (a) An amount necessary to pay debt service on bonds issued 584 before February 1, 2009, by the South Florida Water Management 585 District and the St. Johns River Water Management District, 586 which are secured by revenues provided pursuant to this section, 587 or to fund debt service reserve funds, rebate obligations, or 588 other amounts payable with respect to such bonds; 589 (b) Eight million dollars to be transferred to the General 590 Revenue Fund; and 591 (c) The remaining funds to be distributed equally between 592 the Suwannee River Water Management District and the Northwest 593 Florida Water Management District. 594 595 This subsection expires July 1, 20112010. 596 Section 23. In order to implement Specific Appropriations 597 1763, 1789, and 1790 of the 2010-2011 General Appropriations 598 Act, paragraph (b) of subsection (3) of section 375.041, Florida 599 Statutes, is amended to read: 600 375.041 Land Acquisition Trust Fund.— 601 (3) 602 (b) In addition to the uses allowed in paragraph (a), for 603 the 2010-20112008-2009fiscal year, moneys in the Land 604 Acquisition Trust Fund are authorized for transfer to support 605 the Clean Water State Revolving Fund, the Drinking Water State 606 Revolving Fund, and the Total Maximum Daily Loads programsthe607Ecosystem Management and Restoration Trust Fund for grants and608aids to local governments for water projectsas provided in the 609 General Appropriations Act. This paragraph expires July 1, 2011 6102009. 611 Section 24. In order to implement Specific Appropriations 612 1765, 1766, 1767, 1769, and 1769A, paragraph (g) of subsection 613 (1) of section 403.1651, Florida Statutes, is reenacted to read: 614 403.1651 Ecosystem Management and Restoration Trust Fund.— 615 (1) There is created the Ecosystem Management and 616 Restoration Trust Fund to be administered by the Department of 617 Environmental Protection for the purposes of: 618 (g) Funding activities to preserve and repair the state’s 619 beaches as provided in ss. 161.091-161.212. 620 Section 25. The amendment to s. 403.1651(1)(g), Florida 621 Statutes, as carried forward by this act from chapter 2009-82, 622 Laws of Florida, shall expire July 1, 2011, and the text of that 623 subsection shall revert to that in existence on June 30, 2009, 624 except that any amendments to such text enacted other than by 625 this act shall be preserved and continue to operate to the 626 extent that such amendments are not dependent upon the portions 627 of such text which expire pursuant to this section. 628 Section 26. In order to implement Specific Appropriations 629 1396A, 1456, 1491A, and 1493A of the 2010-2011 General 630 Appropriations Act, subsection (3) is added to section 403.1651, 631 Florida Statutes, to read: 632 403.1651 Ecosystem Management and Restoration Trust Fund.— 633 (3) For the 2010-2011 fiscal year only, moneys in the 634 Ecosystems Management and Restoration Trust Fund are authorized 635 for transfer to the General Inspection Trust Fund in the 636 Department of Agriculture and Consumer Services for the Farm 637 Share, Food Banks, and Mosquito Control programs, and the 638 Technological Research and Development Authority. This 639 subsection expires July 1, 2011. 640 Section 27. In order to implement Specific Appropriations 641 1378 through 1538 of the 2010-2011 General Appropriations Act, 642 subsection (2) of section 570.20, Florida Statutes, is amended 643 to read: 644 570.20 General Inspection Trust Fund.— 645 (2) For the 2010-20112009-2010fiscal year only and 646 notwithstanding any other provision of law to the contrary, in 647 addition to the spending authorized in subsection (1), moneys in 648 the General Inspection Trust Fund may be appropriated for 649 programs operated by the department which are related to the 650 programs authorized by this chapter. This subsection expires 651 July 1, 20112010. 652 Section 28. In order to implement Specific Appropriation 653 1833 of the 2010-2011 General Appropriations Act, subsection (7) 654 of section 403.7095, Florida Statutes, is amended to read: 655 403.7095 Solid waste management grant program.— 656 (7) Notwithstanding any provision of this section to the 657 contrary, and for the 2010-20112009-2010fiscal year only, the 658 Department of Environmental Protection shall award the sum of 659 $1,775,207$2,600,000in grants equally to counties having 660 populations of fewer than 100,000 for waste tire and litter 661 prevention, recycling education, and general solid waste 662 programs. This subsection expires July 1, 20112010. 663 Section 29. In order to implement Specific Appropriation 664 1490 of the 2010-2011 General Appropriations Act and to provide 665 consistency and continuity in the promotion of agriculture 666 throughout the state, notwithstanding s. 287.057, Florida 667 Statutes, the Department of Agriculture and Consumer Services, 668 at its discretion, may extend, revise, and renew current 669 contracts or agreements created or entered into pursuant to 670 chapter 2006-25, Laws of Florida. This section expires July 1, 671 2011. 672 Section 30. In order to implement Specific Appropriations 673 2646H through 2646O provided in the 2010-2011 General 674 Appropriations Act, the Executive Office of the Governor shall 675 sell the King Air 350 airplane. The receipts from the sale shall 676 be deposited into the Bureau of Aircraft Trust Fund and expended 677 in accordance with s. 287.161, Florida Statutes. Receipts from 678 the sale are exempt from the service charge imposed pursuant to 679 s. 215.20, Florida Statutes. 680 Section 31. Notwithstanding any provision in chapter 287, 681 Florida Statutes, to the contrary, the Department of Financial 682 Services shall issue, by January 1, 2011, a solicitation for 683 office supplies, and subsequently award a multiple-supplier 684 contract with at least three awarded vendors. 685 Section 32. In order to implement Specific Appropriation 686 2125 in the 2010-2011 General Appropriations Act, subsection (5) 687 of section 339.135, Florida Statutes, is amended to read: 688 339.135 Work program; legislative budget request; 689 definitions; preparation, adoption, execution, and amendment.— 690 (5) ADOPTION OF THE WORK PROGRAM.— 691 (a) The original approved budget for operational and fixed 692 capital expenditures for the department shall be the Governor’s 693 budget recommendation and the first year of the tentative work 694 program, as both are amended by the General Appropriations Act 695 and any other act containing appropriations. In accordance with 696 the appropriations act, the department shall, prior to the 697 beginning of the fiscal year, adopt a final work program which 698 shall only include the original approved budget for the 699 department for the ensuing fiscal year together with any roll 700 forwards approved pursuant to paragraph (6)(c) and the portion 701 of the tentative work program for the following 4 fiscal years 702 revised in accordance with the original approved budget for the 703 department for the ensuing fiscal year together with said roll 704 forwards. The adopted work program may include only those 705 projects submitted as part of the tentative work program 706 developed under the provisions of subsection (4) plus any 707 projects which are separately identified by specific 708 appropriation in the General Appropriations Act and any roll 709 forwards approved pursuant to paragraph (6)(c). However, any 710 transportation project of the department which is identified by 711 specific appropriation in the General Appropriations Act shall 712 be deducted from the funds annually distributed to the 713 respective district pursuant to paragraph (4)(a). In addition, 714 the department shall not in any year include any project or 715 allocate funds to a program in the adopted work program that is 716 contrary to existing law for that particular year. Projects 717 shall not be undertaken unless they are listed in the adopted 718 work program. 719 (b) Notwithstanding paragraph (a), and for the 2010-2011 7202009-2010fiscal year only, the Department of Transportation 721 shall transfer funds to the Office of Tourism, Trade, and 722 Economic Development in an amount equal to $20,300,000 for the 723 purpose of funding transportation-related needs of economic 724 development projects, space and aerospace infrastructure, and 725 urban redevelopment infrastructure projects. This transfer does 726shallnot reduce, delete, or defer any existing projects funded, 727 as of July 1, 20102009, in the Department of Transportation’s 728 5-year work program. This paragraph expires July 1, 20112010. 729 Section 33. In order to implement section 34 of the 2010 730 2011 General Appropriations Act, paragraph (n) of subsection (1) 731 of section 339.08, Florida Statutes, is amended to read: 732 339.08 Use of moneys in State Transportation Trust Fund.— 733 (1) The department shall expend moneys in the State 734 Transportation Trust Fund accruing to the department, in 735 accordance with its annual budget. The use of such moneys shall 736 be restricted to the following purposes: 737 (n) To pay administrative expenses incurred in accordance 738 with applicable laws for a multicounty transportation or 739 expressway authority created under chapter 343 or chapter 348, 740 where jurisdiction for the authority includes a portion of the 741 State Highway System and the administrative expenses are in 742 furtherance of the duties and responsibilities of the authority 743 in the development of improvements to the State Highway System. 744 This paragraph expires July 1, 20112010. 745 Section 34. In order to implement Specific Appropriation 746 2112 of the 2010-2011 General Appropriations Act, paragraph (p) 747 of subsection (1) of section 339.08, Florida Statutes, is 748 amended to read: 749 339.08 Use of moneys in State Transportation Trust Fund.— 750 (1) The department shall expend moneys in the State 751 Transportation Trust Fund accruing to the department, in 752 accordance with its annual budget. The use of such moneys shall 753 be restricted to the following purposes: 754 (p) To pay for county and school district transportation 755 infrastructure improvements. This paragraph expires July 1, 2011 7562010. 757 Section 35. In order to implement Specific Appropriation 758 2214 of the 2010-2011 General Appropriations Act, subsection 759 (11) of section 445.009, Florida Statutes, is amended to read: 760 445.009 One-stop delivery system.— 761 (11)(a) A participant in an adult or youth work experience 762 activity administered under this chapter shall be deemed an 763 employee of the state for purposes of workers’ compensation 764 coverage. In determining the average weekly wage, all 765 remuneration received from the employer shall be considered a 766 gratuity, and the participant shall not be entitled to any 767 benefits otherwise payable under s. 440.15, regardless of 768 whether the participant may be receiving wages and remuneration 769 from other employment with another employer and regardless of 770 his or her future wage-earning capacity. 771 (b) This subsection expires July 1, 20112010. 772 Section 36. In order to implement Specific Appropriations 773 1557 through 1560 of the 2010-2011 General Appropriations Act, 774 paragraph (d) of subsection (3) of section 163.3247, Florida 775 Statutes, is amended to read: 776 163.3247 Century Commission for a Sustainable Florida.— 777 (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; CREATION; 778 ORGANIZATION.—The Century Commission for a Sustainable Florida 779 is created as a standing body to help the citizens of this state 780 envision and plan their collective future with an eye towards 781 both 25-year and 50-year horizons. 782 (d) Members of the commission shall serve without 783 compensationbut shall be entitled to receive per diem and784travel expenses in accordance with s.112.061while in785performance of their duties. 786 Section 37. The amendment to s. 163.3247(3)(d), Florida 787 Statutes, made by this act shall expire July 1, 2011, and the 788 text of that paragraph shall revert to that in existence on June 789 30, 2010, except that any amendments to such text enacted other 790 than by this act shall be preserved and continue to operate to 791 the extent that such amendments are not dependent upon the 792 portions of such text which expire pursuant to this section. 793 Section 38. In order to implement Specific Appropriations 794 1557 through 1560 of the 2010-2011 General Appropriations Act, 795 paragraph (c) of subsection (1) of section 201.15, Florida 796 Statutes, as amended by section 2 of chapter 2009-271, Laws of 797 Florida, is amended to read: 798 201.15 Distribution of taxes collected.—All taxes collected 799 under this chapter are subject to the service charge imposed in 800 s. 215.20(1). Prior to distribution under this section, the 801 Department of Revenue shall deduct amounts necessary to pay the 802 costs of the collection and enforcement of the tax levied by 803 this chapter. Such costs and the service charge may not be 804 levied against any portion of taxes pledged to debt service on 805 bonds to the extent that the costs and service charge are 806 required to pay any amounts relating to the bonds. After 807 distributions are made pursuant to subsection (1), all of the 808 costs of the collection and enforcement of the tax levied by 809 this chapter and the service charge shall be available and 810 transferred to the extent necessary to pay debt service and any 811 other amounts payable with respect to bonds authorized before 812 January 1, 2010, secured by revenues distributed pursuant to 813 subsection (1). All taxes remaining after deduction of costs and 814 the service charge shall be distributed as follows: 815 (1) Sixty-three and thirty-one hundredths percent of the 816 remaining taxes shall be used for the following purposes: 817 (c) After the required payments under paragraphs (a) and 818 (b), the remainder shall be paid into the State Treasury to the 819 credit of: 820 1. The State Transportation Trust Fund in the Department of 821 Transportation in the amount of the lesser of 38.2 percent of 822 the remainder or $541.75 million in each fiscal year, to be used 823 for the following specified purposes, notwithstanding any other 824 law to the contrary: 825 a. For the purposes of capital funding for the New Starts 826 Transit Program, authorized by Title 49, U.S.C. s. 5309 and 827 specified in s. 341.051, 10 percent of these funds; 828 b. For the purposes of the Small County Outreach Program 829 specified in s. 339.2818, 5 percent of these funds. Effective 830 July 1, 2014, the percentage allocated under this sub 831 subparagraph shall be increased to 10 percent; 832 c. For the purposes of the Strategic Intermodal System 833 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent 834 of these funds after allocating for the New Starts Transit 835 Program described in sub-subparagraph a. and the Small County 836 Outreach Program described in sub-subparagraph b.; and 837 d. For the purposes of the Transportation Regional 838 Incentive Program specified in s. 339.2819, 25 percent of these 839 funds after allocating for the New Starts Transit Program 840 described in sub-subparagraph a. and the Small County Outreach 841 Program described in sub-subparagraph b. Effective July 1, 2014, 842 the first $60 million of the funds allocated pursuant to this 843 sub-subparagraph shall be allocated annually to the Florida Rail 844 Enterprise for the purposes established in s. 341.303(5). 845 2. The Grants and Donations Trust Fund in the Department of 846 Community Affairs in the amount of the lesser of .23 percent of 847 the remainder or $3.25 million in each fiscal year, with 92848percent to be usedto fund technical assistance to local 849 governments and school boards on the requirements and 850 implementation of this actand the remaining amount to be used851to fund the Century Commission established in s.163.3247. 852 3. The Ecosystem Management and Restoration Trust Fund in 853 the amount of the lesser of 2.12 percent of the remainder or $30 854 million in each fiscal year, to be used for the preservation and 855 repair of the state’s beaches as provided in ss. 161.091 856 161.212. 857 4. General Inspection Trust Fund in the amount of the 858 lesser of .02 percent of the remainder or $300,000 in each 859 fiscal year to be used to fund oyster management and restoration 860 programs as provided in s. 379.362(3). 861 862 Moneys distributed pursuant to this paragraph may not be pledged 863 for debt service unless such pledge is approved by referendum of 864 the voters. 865 Section 39. The amendment to s. 201.15(1)(c)2., Florida 866 Statutes, made by this act shall expire July 1, 2011, and the 867 text of that subparagraph shall revert to that in existence on 868 June 30, 2010, except that any amendments to such text enacted 869 other than by this act shall be preserved and continue to 870 operate to the extent that such amendments are not dependent 871 upon the portions of such text which expire pursuant to this 872 section. 873 Section 40. In order to implement Specific Appropriations 874 1567, 1569, 1571, 1575, 1594, 1596, 1598, and 1617 of the 2010 875 2011 General Appropriations Act, subsection (8) of section 876 215.559, Florida Statutes, is amended to read: 877 215.559 Hurricane Loss Mitigation Program.— 878 (8)(a) Notwithstanding any other provision of this section 879 and for the 2010-20112008-2009fiscal year only, the $10 880 million appropriation provided for in subsection (1) shall be 881 allocated as follows: 882 1. The sum of $2.7$2.8million shall be used to inspect 883 and improve tie-downs for mobile homes for the same purpose as 884 specified in paragraph (3)(a). 885 2. The sum of $3 million shall be used for operating costs 886 of the State Logistics Response Center and the original purposes 887 identified in paragraph (2)(b), as appropriated $700,000 shall888be allocated to the Florida International University for the889same purpose as specified in subsection (4). 890 3. The sum of $4,192,389$6,421,764shall be competitively 891 bid for the purposes provided in paragraph (2)(a)used to892install emergency power generators in special-needs hurricane893evacuation shelters as provided in s. 1, ch. 2006-71, Laws of894Florida, except that such funds may not be used for895administrative purposes. 896 4. The sum of $107,611$78,236shall be allocated for 897 operational purposes of the department as specified in the 2010 898 20112008-2009General Appropriations Act. 899 (b) This subsection expires July 1, 20112009. 900 Section 41. In order to implement Specific Appropriation 901 2072 of the 2010-2011 General Appropriations Act, subsection (8) 902 of section 332.007, Florida Statutes, is reenacted to read: 903 332.007 Administration and financing of aviation and 904 airport programs and projects; state plan.— 905 (8) Notwithstanding any other provision of law to the 906 contrary, the department is authorized to fund security 907 projects, including operational and maintenance assistance, at 908 publicly owned public-use airports. For projects in the current 909 adopted work program, or projects added using the available 910 budget of the department, airports may request the department 911 change the project purpose in accordance with this provision 912 notwithstanding the provisions of s. 339.135(7). For purposes of 913 this subsection, the department may fund up to 100 percent of 914 eligible project costs that are not funded by the Federal 915 Government. This subsection shall expire on June 30, 2012. 916 Section 42. The amendment to s. 332.007(8), Florida 917 Statutes, as carried forward by this act from chapter 2009-82, 918 Laws of Florida, shall expire July 1, 2011, and the text of that 919 subsection shall revert to that in existence on June 30, 2009, 920 except that any amendments to such text enacted other than by 921 this act shall be preserved and continue to operate to the 922 extent that such amendments are not dependent upon the portions 923 of such text which expire pursuant to this section. 924 Section 43. In order to implement Specific Appropriation 18 925 of the 2010-2011 General Appropriations Act, paragraph (c) is 926 added to subsection (3) of section 216.292, Florida Statutes, to 927 read: 928 216.292 Appropriations nontransferable; exceptions.— 929 (3) The following transfers are authorized with the 930 approval of the Executive Office of the Governor for the 931 executive branch or the Chief Justice for the judicial branch, 932 subject to the notice and objection provisions of s. 216.177: 933 (c) The transfer of appropriations for fixed capital outlay 934 from the Survey Recommended Needs - Public Schools appropriation 935 category to the Maintenance, Repair, Renovation, and Remodeling 936 appropriation category. The allocation of transferred funds 937 shall be in accordance with s. 1013.64(1). This paragraph 938 expires July 1, 2011. 939 Section 44. In order to implement the appropriations 940 authorized in the 2010-2011 General Appropriations Act for each 941 of the state’s designated primary data centers, which are funded 942 from the data processing appropriation category and other 943 categories used to pay for computing services of user agencies, 944 and pursuant to the notice, review, and objection procedures of 945 s. 216.177, Florida Statutes, the Executive Office of the 946 Governor is authorized to transfer funds appropriated in any 947 appropriation category used to pay for data processing in the 948 2010-2011 General Appropriations Act between agencies in order 949 to align the budget authority granted with the utilization rate 950 of each department. 951 Section 45. In order to implement the appropriations 952 authorized in the 2010-2011 General Appropriations Act which 953 were submitted pursuant to the provisions of s. 17 of chapter 954 2008-116, Laws of Florida, and notwithstanding s. 216.181(1)(c), 955 Florida Statutes, an agency may transfer funds from the data 956 processing appropriation categories to another appropriation 957 category for the purpose of supporting and managing its computer 958 resources until such time as the agency’s data processing 959 function is transferred to the Southwood Shared Resource Center, 960 the Northwood Shared Resource Center, or the Northwest Regional 961 Data Center. 962 Section 46. In order to implement Specific Appropriation 963 2179B, the Executive Office of the Governor is authorized to 964 transfer funds appropriated in the appropriation category 965 “Expenses” of the 2010-2011 General Appropriations Act between 966 agencies in order to allocate a reduction relating to SUNCOM 967 Services. This section expires July 1, 2011. 968 Section 47. (1) In order to implement Specific 969 Appropriations 1119 through 1126, 1167 through 1185, 1194, and 970 1199, the Department of Juvenile Justice must comply with the 971 following reimbursement limitations: 972 (a) No payment to a hospital or a health care provider may 973 exceed 110 percent of the Medicare allowable rate for any health 974 care services provided if no contract exists between the 975 department and either the hospital or the health care provider 976 providing services at a hospital; 977 (b) The department may continue to make payments for health 978 care services at the currently contracted rates through the 979 current term of the contract if a contract has been executed 980 between the department and a hospital or a health care provider 981 providing services to a hospital; however, no payments may 982 exceed 110 percent of Medicare allowable rate after the current 983 term of the contract expires or after the contract is renewed 984 during the 2010-2011 fiscal year; 985 (c) Payments may not exceed 110 percent of the Medicare 986 allowable rates under a contract executed on or after July 1, 987 2010, between the department and a hospital or health care 988 provider providing services at a hospital; 989 (d) Notwithstanding the limitations of paragraphs (a), (b), 990 and (c), the department may pay up to 125 percent of the 991 Medicare allowable rate for health care services at a hospital 992 that reports or has reported a negative operating margin for the 993 prior fiscal year to the Agency for Health Care Administration 994 through hospital-audited financial data; and 995 (e) The department may not execute a contract for health 996 care services at hospitals for rates other than rates based on a 997 percentage of the Medicare allowable rate. 998 (2) For purposes of this section, “hospital” means any 999 hospital licensed under chapter 395, Florida Statutes. 1000 (3) This section expires July 1, 2011. 1001 Section 48. Any section of this act which implements a 1002 specific appropriation or specifically identified proviso 1003 language in the 2010-2011 General Appropriations Act is void if 1004 the specific appropriation or specifically identified proviso 1005 language is vetoed. Any section of this act which implements 1006 more than one specific appropriation or more than one portion of 1007 specifically identified proviso language in the 2010-2011 1008 General Appropriations Act is void if all the specific 1009 appropriations or portions of specifically identified proviso 1010 language are vetoed. 1011 Section 49. If any other act passed in 2010 contains a 1012 provision that is substantively the same as a provision in this 1013 act, but that removes or is otherwise not subject to the future 1014 repeal applied to such provision by this act, the Legislature 1015 intends that the provision in the other act shall take 1016 precedence and continue to operate, notwithstanding the future 1017 repeal provided by this act. 1018 Section 50. If any provision of this act or its application 1019 to any person or circumstance is held invalid, the invalidity 1020 does not affect other provisions or applications of the act 1021 which can be given effect without the invalid provision or 1022 application, and to this end the provisions of this act are 1023 severable. 1024 Section 51. This act shall take effect July 1, 2010; or, if 1025 this act fails to become a law until after that date, it shall 1026 take effect upon becoming a law and shall operate retroactively 1027 to July 1, 2010. 1028