Florida Senate - 2011             CONFERENCE COMMITTEE AMENDMENT
       Bill No. SB 2002, 1st Eng.
       
       
       
       
       
       
                                Barcode 182684                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             05/06/2011 11:21 PM       .                                
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       The Conference Committee on SB 2002, 1st Eng. recommended the
       following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. It is the intent of the Legislature that the
    7  implementing and administering provisions of this act apply to
    8  the General Appropriations Act for the 2011-2012 fiscal year.
    9         Section 2. In order to implement Specific Appropriations 6,
   10  7, 8, 68, and 69 of the 2011-2012 General Appropriations Act,
   11  the calculations of the Florida Education Finance Program for
   12  the 2011-2012 fiscal year in the document entitled “Public
   13  School Funding-The Florida Education Finance Program,” dated May
   14  3, 2011, and filed with the Secretary of the Senate, are
   15  incorporated by reference for the purpose of displaying the
   16  calculations used by the Legislature, consistent with the
   17  requirements of the Florida Statutes, in making appropriations
   18  for the Florida Education Finance Program.
   19         Section 3. In order to implement Specific Appropriations
   20  15A and 15B of the 2011-2012 General Appropriations Act,
   21  paragraph (c) of subsection (3) of section 216.292, Florida
   22  Statutes, is amended to read:
   23         216.292 Appropriations nontransferable; exceptions.—
   24         (3) The following transfers are authorized with the
   25  approval of the Executive Office of the Governor for the
   26  executive branch or the Chief Justice for the judicial branch,
   27  subject to the notice and objection provisions of s. 216.177:
   28         (c) The transfer of appropriations for fixed capital outlay
   29  from the Survey Recommended Needs-Public Schools appropriation
   30  category to the Maintenance, Repair, Renovation and Remodeling
   31  appropriation category. The allocation of transferred funds must
   32  shall be in accordance with s. 1013.62 1013.64(1). This
   33  paragraph expires July 1, 2012 2011.
   34         Section 4. Notwithstanding ss. 440.50 and 1010.87, Florida
   35  Statutes, for the 2011-2012 fiscal year, funds provided in
   36  Specific Appropriation 98 of the 2011-2012 General
   37  Appropriations Act from the Workers’ Compensation Administration
   38  Trust Fund shall be used for the Ready to Work Program created
   39  under s. 1004.99, Florida Statutes. This section expires July 1,
   40  2012.
   41         Section 5. In order to implement Specific Appropriation 119
   42  of the 2011-2012 General Appropriations Act and notwithstanding
   43  any other law, for the 2011-2012 fiscal year only, a university
   44  board of trustees may expend reserve or carry-forward balances
   45  from prior year operational and programmatic appropriations for
   46  legislatively approved fixed capital outlay projects authorized
   47  for the establishment of a new campus.
   48         Section 6. In order to implement Specific Appropriations
   49  310 through 339 of the 2011-2012 General Appropriations Act,
   50  paragraphs (b) and (c) of subsection (3) of section 394.908,
   51  Florida Statutes, are amended to read:
   52         394.908 Substance abuse and mental health funding equity;
   53  distribution of appropriations.—In recognition of the historical
   54  inequity in the funding of substance abuse and mental health
   55  services for the department’s districts and regions and to
   56  rectify this inequity and provide for equitable funding in the
   57  future throughout the state, the following funding process shall
   58  be used:
   59         (3)
   60         (b) Notwithstanding paragraph (a) and for the 2011-2012
   61  2010-2011 fiscal year only, funds appropriated for forensic
   62  mental health treatment services shall be allocated to the areas
   63  of the state having the greatest demand for services and
   64  treatment capacity. This paragraph expires July 1, 2012 2011.
   65         (c) Notwithstanding paragraph (a) and for the 2011-2012
   66  2010-2011 fiscal year only, additional funds appropriated for
   67  substance abuse and mental health services from funds available
   68  through the Community-Based Medicaid Administrative Claiming
   69  Program shall be allocated as provided in the 2010-2011 General
   70  Appropriations Act and in proportion to contributed provider
   71  earnings. This paragraph expires July 1, 2012 2011.
   72         Section 7. In order to implement Specific Appropriation 465
   73  of the 2011-2012 General Appropriations Act, and for the 2011
   74  2012 fiscal year only, the following requirements govern the
   75  completion of Phase 2 and Phase 3 of the Department of Health’s
   76  Florida Onsite Sewage Nitrogen Reduction Strategies Study:
   77         (1) The Department of Health’s underlying contract for the
   78  study remains in full force and effect and funding for
   79  completion of Phase 2 and Phase 3 is through the Department of
   80  Health.
   81         (2) The Department of Health, the Department of Health’s
   82  Research Review and Advisory Committee, and the Department of
   83  Environmental Protection shall work together to provide the
   84  necessary technical oversight of the completion of Phase 2 and
   85  Phase 3 of the project.
   86         (3) Management and oversight of the completion of Phase 2
   87  and Phase 3 must be consistent with the terms of the existing
   88  contract. However, the main focus and priority to be completed
   89  during Phase 3 shall be developing, testing, and recommending
   90  cost-effective passive technology design criteria for nitrogen
   91  reduction.
   92         (4) The systems installed at homesites are experimental in
   93  nature and shall be installed with significant field testing and
   94  monitoring. The Department of Health is specifically authorized
   95  to allow installation of these experimental systems.
   96  Notwithstanding any other law, before Phase 3 of the study is
   97  completed, a state agency may not adopt or implement a rule or
   98  policy that:
   99         (a) Mandates, establishes, or implements more restrictive
  100  nitrogen-reduction standards to existing or new onsite sewage
  101  treatment systems or modification of such systems; or
  102         (b) Directly or indirectly requires the use of performance
  103  based treatment systems or similar technology, such as through
  104  an administrative order developed by the Department of
  105  Environmental Protection as part of a basin management action
  106  plan adopted pursuant to s. 403.067, Florida Statutes. However,
  107  the implementation of more restrictive nitrogen-reduction
  108  standards for onsite systems may be required through a basin
  109  management action plan if such plan is phased in after
  110  completion of Phase 3.
  111         Section 8. Effective June 29, 2011, in order to implement
  112  Specific Appropriations 259 through 357 of the 2011-2012 General
  113  Appropriations Act, subsection (3) of section 1 of chapter 2007
  114  174, Laws of Florida, is amended to read:
  115         Section 1. Flexibility for the Department of Children and
  116  Family Services.—
  117         (3) This section expires July 1, 2012 June 30, 2008.
  118         Section 9. In order to implement Specific Appropriations
  119  171 and 177 through 179 and 182 of the 2011-2012 General
  120  Appropriations Act, the calculations of the Medicaid Low-Income
  121  Pool, Disproportionate Share Hospital, and Hospital Exemptions
  122  Programs for the 2011-2012 fiscal year in the document entitled
  123  “Medicaid Supplemental Hospital Funding Programs” dated May 3,
  124  2011, and filed with the Secretary of the Senate, are
  125  incorporated by reference for the purpose of displaying the
  126  calculations used by the Legislature, consistent with the
  127  requirements of the Florida Statutes, in making appropriations
  128  for the Low-Income Pool, Disproportionate Share Hospital, and
  129  Hospital Exemptions Programs.
  130         Section 10. In order to implement Specific Appropriation
  131  536 of the 2011-2012 General Appropriations Act, notwithstanding
  132  s. 216.177, Florida Statutes, requiring only 3 days’ notice to
  133  the Legislature for the release of funds, budget amendments
  134  recommending the release of funds must be provided at least 14
  135  days before the effective date of the action and are subject to
  136  the objection procedures in s. 216.177(2)(b), Florida Statutes.
  137         Section 11.In order to implement Specific Appropriation
  138  177 of the 2011-2012 General Appropriations Act, and for the
  139  2011-2012 fiscal year only, the third and tenth paragraph of
  140  proviso following the appropriation is repealed and replaced
  141  with:
  142         Funds in Specific Appropriation 177 reflect a
  143         reduction of $173,477,299 from the General Revenue
  144         Fund, $220,252,391 from the Medical Care Trust Fund,
  145         and $1,199,158 from the Refugee Assistance Trust Fund
  146         as a result of modifying the reimbursement for
  147         inpatient hospital rates. The agency shall implement a
  148         recurring methodology in the Title XIX Inpatient
  149         Hospital Reimbursement Plan to achieve this reduction.
  150         In establishing rates through the normal process,
  151         before including this reduction, if the unit cost is
  152         equal to or less than the unit cost used in
  153         establishing the budget, then no additional reduction
  154         in rates is necessary; however, if the unit cost is
  155         greater than the unit cost used in establishing the
  156         budget, then rates shall be reduced by an amount
  157         required to achieve this reduction, but may not be
  158         reduced below the unit cost used in establishing the
  159         budget. Hospitals that are licensed as a children’s
  160         specialty hospital and whose Medicaid days plus
  161         charity care days divided by total adjusted patient
  162         days equals or exceeds 30 percent and rural hospitals,
  163         as defined in s. 395.602, Florida Statutes, are
  164         excluded from this reduction.
  165  
  166         From the funds in Specific Appropriation 177,
  167         $239,417,562 from the Grants and Donations Trust Fund
  168         and $303,972,274 from the Medical Care Trust Fund are
  169         provided for public hospitals, including any leased
  170         public hospital determined to be covered under the
  171         state’s sovereign immunity; teaching hospitals, as
  172         defined in s. 408.07 or s. 395.805, Florida Statutes,
  173         which have 70 or more full-time equivalent resident
  174         physicians; hospitals that have graduate medical
  175         education positions that do not otherwise qualify; and
  176         designated trauma hospitals to buy back the Medicaid
  177         inpatient trend adjustment applied to their individual
  178         hospital rates and other Medicaid reductions to their
  179         inpatient rates up to actual Medicaid inpatient cost.
  180         The payments under this proviso are contingent on the
  181         state share being provided through grants and
  182         donations from state, county, or other governmental
  183         funds. This section of proviso does not include the
  184         buy back of the Medicaid inpatient trend adjustment
  185         applied to the individual state mental health
  186         hospitals.
  187  
  188         Section 12.In order to implement Specific Appropriation
  189  182 of the 2011-2012 General Appropriations Act, and for the
  190  2011-2012 fiscal year only, the second paragraph of proviso
  191  following the appropriation is repealed and replaced with:
  192  
  193         Funds in Specific Appropriation 182 reflect a
  194         reduction of $43,572,721 from the General Revenue
  195         Fund, $55,321,338 from the Medical Care Trust Fund,
  196         and $151,174 from the Refugee Assistance Trust Fund as
  197         a result of implementing a reduction in outpatient
  198         hospital reimbursement rates. The agency shall
  199         implement a recurring methodology in the Title XIX
  200         Outpatient Hospital Reimbursement Plan to achieve this
  201         reduction. In establishing rates through the normal
  202         process, prior to including this reduction, if the
  203         unit cost is equal to or less than the unit cost used
  204         in establishing the budget, then no additional
  205         reduction in rates is necessary. In establishing rates
  206         through the normal process, prior to including this
  207         reduction, if the unit cost is greater than the unit
  208         cost used in establishing the budget, then rates shall
  209         be reduced by an amount required to achieve this
  210         reduction, but shall not be reduced below the unit
  211         cost used in establishing the budget. Hospitals that
  212         are licensed as a children’s specialty hospital and
  213         whose Medicaid days plus charity care days divided by
  214         total adjusted patient days equals or exceeds 30
  215         percent and rural hospitals as defined in s. 395.602,
  216         Florida Statutes, are excluded from this reduction.
  217  
  218         Section 13. In order to implement Specific Appropriations
  219  459 through 469 of the 2011-2012 General Appropriations Act,
  220  before the implementation of the onsite sewage treatment and
  221  disposal system evaluation program described in s.
  222  381.0065(5)(a), Florida Statutes, the Department of Health shall
  223  submit a plan for approval by the Legislative Budget Commission
  224  which includes an estimate of agency workload and funding needs.
  225  The department may not expend funds in furtherance of the
  226  evaluation program before the plan is approved by the
  227  commission.
  228         Section 14. In order to fulfill legislative intent
  229  regarding the use of funds contained in Specific Appropriations
  230  605, 616, 628, and 1135 of the 2011-2012 General Appropriations
  231  Act, the Department of Corrections and the Department of
  232  Juvenile Justice may expend appropriated funds to assist in
  233  defraying costs that are incurred by a municipality or county
  234  and are associated with opening or operating a facility under
  235  the authority of the respective department. The amount paid for
  236  any facility may not exceed 1 percent of the cost to construct
  237  the facility, less building impact fees imposed by the
  238  municipality or county. This section expires July 1, 2012.
  239         Section 15. In order to implement Specific Appropriations
  240  570 through 688A and 726 through 759 of the 2011-2012 General
  241  Appropriations Act, subsection (4) of section 216.262, Florida
  242  Statutes, is amended to read:
  243         216.262 Authorized positions.—
  244         (4) Notwithstanding the provisions of this chapter relating
  245  to on increasing the number of authorized positions, and for the
  246  2011-2012 2010-2011 fiscal year only, if the actual inmate
  247  population of the Department of Corrections exceeds the inmate
  248  population projections of the February 21, 2011 19, 2010,
  249  Criminal Justice Estimating Conference by 1 percent for 2
  250  consecutive months or 2 percent for any month, the Executive
  251  Office of the Governor, with the approval of the Legislative
  252  Budget Commission, shall immediately notify the Criminal Justice
  253  Estimating Conference, which shall convene as soon as possible
  254  to revise the estimates. The Department of Corrections may then
  255  submit a budget amendment requesting the establishment of
  256  positions in excess of the number authorized by the Legislature
  257  and additional appropriations from unallocated general revenue
  258  sufficient to provide for essential staff, fixed capital
  259  improvements, and other resources to provide classification,
  260  security, food services, health services, and other variable
  261  expenses within the institutions to accommodate the estimated
  262  increase in the inmate population. All actions taken pursuant to
  263  the authority granted in this subsection are shall be subject to
  264  review and approval by the Legislative Budget Commission. This
  265  subsection expires July 1, 2012 2011.
  266         Section 16. In order to implement Specific Appropriations
  267  1253, 1267, 1274, 1295, and 1305 of the 2011-2012 General
  268  Appropriations Act, the Department of Legal Affairs may transfer
  269  cash remaining after required disbursements for Attorney General
  270  case numbers 09-CV-51614, 16-2008-CA-01-3142CV-C, and
  271  CACE08022328 from FLAIR account 41-74-2-601001-41100100-00
  272  181076-00 to the Operating Trust Fund to pay salaries and
  273  benefits. This section expires July 1, 2012.
  274         Section 17. In order to implement Specific Appropriations
  275  1289 and 1290 of the 2011-2012 General Appropriations Act, the
  276  Department of Legal Affairs may expend appropriated funds in
  277  those specific appropriations on the same programs that were
  278  funded by the department pursuant to specific appropriations
  279  made in general appropriations acts in prior years. This section
  280  expires July 1, 2012.
  281         Section 18. In order to implement Specific Appropriations
  282  1192 and 1198 of the 2011-2012 General Appropriations Act,
  283  paragraph (d) of subsection (4) of section 932.7055, Florida
  284  Statutes, is amended to read:
  285         932.7055 Disposition of liens and forfeited property.—
  286         (4) The proceeds from the sale of forfeited property shall
  287  be disbursed in the following priority:
  288         (d) Notwithstanding any other provision of this subsection,
  289  and for the 2011-2012 2010-2011 fiscal year only, the funds in a
  290  special law enforcement trust fund established by the governing
  291  body of a municipality may be expended to reimburse the general
  292  fund of the municipality for moneys advanced from the general
  293  fund to the special law enforcement trust fund before prior to
  294  October 1, 2001. This paragraph expires July 1, 2012 2011.
  295         Section 19. (1) In order to implement Specific
  296  Appropriations 1069, 1070, 1074, 1075, 1115, 1116, 1120, 1121,
  297  1123, 1126, 1127, 1130, 1131, 1132, 1141, and 1146 of the 2011
  298  2012 General Appropriations Act, the Department of Juvenile
  299  Justice must comply with the following reimbursement
  300  limitations:
  301         (a) Payments to a hospital or a health care provider may
  302  not exceed 110 percent of the Medicare allowable rate for any
  303  health care services provided if no contract exists between the
  304  department and the hospital or the health care provider
  305  providing services at a hospital;
  306         (b) The department may continue to make payments for health
  307  care services at the currently contracted rates through the
  308  current term of the contract if a contract has been executed
  309  between the department and a hospital or a health care provider
  310  providing services to a hospital; however, payments may not
  311  exceed 110 percent of the Medicare allowable rate after the
  312  current term of the contract expires or after the contract is
  313  renewed during the 2011-2012 fiscal year;
  314         (c) Payments may not exceed 110 percent of the Medicare
  315  allowable rate under a contract executed on or after July 1,
  316  2011, between the department and a hospital or health care
  317  provider providing services at a hospital;
  318         (d) Notwithstanding paragraphs (a), (b), and (c), the
  319  department may pay up to 125 percent of the Medicare allowable
  320  rate for health care services at a hospital that reports or has
  321  reported a negative operating margin for the previous fiscal
  322  year to the Agency for Health Care Administration through
  323  hospital-audited financial data; and
  324         (e) The department may not execute a contract for health
  325  care services at a hospital for rates other than rates based on
  326  a percentage of the Medicare allowable rate.
  327         (2) For purposes of this section, the term “hospital” means
  328  a hospital licensed under chapter 395, Florida Statutes.
  329         (3) This section expires July 1, 2012.
  330         Section 20. In order to implement section 7 of the 2011
  331  2012 General Appropriations Act, and notwithstanding s. 215.18,
  332  Florida Statutes, the state court system is relieved of loan
  333  repayment obligations for loans made from the Mediation and
  334  Arbitration Trust Fund and the Court Education Trust Fund to the
  335  state court system during the 2010-2011 fiscal year. This
  336  section is effective upon this act becoming a law.
  337         Section 21. In order to implement Section 7 of the 2011
  338  2012 General Appropriations Act, section 215.18, Florida
  339  Statutes, is amended to read:
  340         215.18 Transfers between funds; limitation.—
  341         (1) Whenever there is a deficiency exists in any fund
  342  provided for by s. 215.32 a deficiency which would render such
  343  fund insufficient to meet its just requirements, and there shall
  344  exist in the other funds in the State Treasury have moneys which
  345  are for the time being or otherwise in excess of the amounts
  346  necessary to meet the just requirements of such last-mentioned
  347  funds, the Governor may order a temporary transfer of moneys
  348  from one fund to another in order to meet temporary deficiencies
  349  in a particular fund without resorting to the necessity of
  350  borrowing money and paying interest thereon. Any action proposed
  351  under this section is subject to the notice and objection
  352  procedures set forth in s. 216.177, and the Governor shall
  353  provide notice of such action at least 7 days before prior to
  354  the effective date of the transfer of funds. Except as otherwise
  355  provided in s. 216.222(1)(a)2., the fund from which any money is
  356  temporarily transferred must shall be repaid the amount
  357  transferred from it by not later than the end of the fiscal year
  358  in which such transfer is made, the date of repayment to be
  359  specified in the order of the Governor.
  360         (2) The Chief Justice of the Supreme Court may receive one
  361  or more trust fund loans of up to $54 million in total, the
  362  purpose of which is to ensure that the state court system has
  363  funds sufficient to meet its appropriations in the 2011-2012
  364  General Appropriations Act. If the Chief Justice accesses the
  365  loan, he or she must notify the Governor and the chairs of the
  366  legislative appropriations committees in writing. The loan must
  367  come from other funds in the State Treasury which are for the
  368  time being or otherwise in excess of the amounts necessary to
  369  meet the just requirements of such last-mentioned funds. The
  370  Governor shall order the transfer of funds within 5 days after
  371  the written notification from the Chief Justice. If the Governor
  372  does not order the transfer, the Chief Financial Officer shall
  373  transfer the requested funds. The loan of funds from which any
  374  money is temporarily transferred must be repaid by the end of
  375  the 2011-2012 fiscal year. This subsection expires July 1, 2012.
  376         Section 22. In order to implement Specific Appropriation
  377  791 of the 2011-2012 General Appropriations Act, and not
  378  withstanding s. 28.2455, Florida Statutes, any funds remaining
  379  in the Clerks of Court Trust Fund may not be transferred to the
  380  General Revenue Fund and remain available to the clerks of court
  381  for expenditures during the 2011-2012 fiscal year. This section
  382  shall take effect upon becoming a law and expires July 1, 2012.
  383         Section 23. In order to implement section 7 of the 2011
  384  2012 General Appropriations Act, paragraph (c) of subsection (4)
  385  of section 29.008, Florida Statutes, is amended to read:
  386         29.008 County funding of court-related functions.—
  387         (4)
  388         (c) Counties are exempt from all requirements and
  389  provisions of paragraph (a) for the 2011-2012 2010-2011 fiscal
  390  year. Accordingly, for the 2011-2012 2010-2011 fiscal year,
  391  counties shall maintain, but are not required to increase, their
  392  expenditures for the items specified in paragraphs (1)(a)-(h)
  393  and subsection (3). The requirements described in paragraph (a)
  394  shall be reinstated beginning with the 2012-2013 2011-2012
  395  fiscal year. This paragraph expires July 1, 2012 2011.
  396         Section 24. In order to implement Specific Appropriation
  397  2701A of the 2011-2012 General Appropriation Act, subsection (3)
  398  of section 282.709, Florida Statutes, is amended to read:
  399         282.709 State agency law enforcement radio system and
  400  interoperability network.—
  401         (3)(a) The State Agency Law Enforcement Radio System Trust
  402  Fund is established in the department and funded from surcharges
  403  collected under ss. 318.18, 320.0802, and 328.72. Upon
  404  appropriation, moneys in the trust fund may be used by the
  405  department to acquire by competitive procurement the equipment,
  406  software, and engineering, administrative, and maintenance
  407  services it needs to construct, operate, and maintain the
  408  statewide radio system. Moneys in the trust fund from collected
  409  as a result of the surcharges set forth in ss. 318.18, 320.0802,
  410  and 328.72 shall be used to help fund the costs of the system.
  411  Upon completion of the system, moneys in the trust fund may also
  412  be used by the department for payment of the recurring
  413  maintenance costs of the system.
  414         (b) Funds from the State Agency Law Enforcement Radio
  415  System Trust Fund may be used by the department to fund mutual
  416  aid buildout maintenance and sustainment as appropriated by law.
  417  This paragraph expires July 1, 2012.
  418         Section 25. In order to implement Specific Appropriation
  419  2341A of the 2011-2012 General Appropriations Act, the Florida
  420  Catastrophic Storm Risk Management Center at Florida State
  421  University shall conduct the analysis as originally required in
  422  s. 164 of chapter 2004-390, Laws of Florida. Notwithstanding
  423  that section, the center shall use the most recent and available
  424  premium data for personal lines property and casualty insurance
  425  in completing the analysis.
  426         Section 26. In order to implement Specific Appropriations
  427  2574 through 2584 of the 2011-2012 General Appropriations Act,
  428  the Department of Management Services shall use interest
  429  earnings of the Communications Working Capital Trust Fund as the
  430  funding source for its responsibilities for the administration
  431  of the MyFlorida.com portal.
  432         Section 27. In order to implement Specific Appropriations
  433  2173 through 2195 of the 2011-2012 General Appropriations Act,
  434  subsection (13) of section 253.034, Florida Statutes, as amended
  435  by chapter 2010-280, Laws of Florida, is amended to read:
  436         253.034 State-owned lands; uses.—
  437         (13) Notwithstanding the provisions of this section, funds
  438  derived from the sale of the Department of Citrus’ property
  439  located in Lakeland, Florida, shall are authorized to be
  440  deposited into the Citrus Advertising Trust Fund. This
  441  subsection expires July 1, 2012 2011.
  442         Section 28. In order to implement Specific Appropriations
  443  2173 through 2195 of the 2011-2012 General Appropriations Act,
  444  paragraph (a) of subsection (3) of section 601.15, Florida
  445  Statutes, is amended to read:
  446         601.15 Advertising campaign; methods of conducting; excise
  447  tax; emergency reserve fund; citrus research.—
  448         (3)(a) There is hereby levied and imposed upon each
  449  standard-packed box of citrus fruit grown and placed into the
  450  primary channel of trade in this state an excise tax at maximum
  451  annual rates for each citrus season as determined from the
  452  tables in this paragraph and based upon the previous season’s
  453  actual statewide production as reported in the United States
  454  Department of Agriculture Citrus Crop Production Forecast as of
  455  June 1. The rates may be set at any lower rate in any year
  456  pursuant to paragraph (e).
  457         1. The following maximum tax rates, expressed in cents per
  458  box, shall apply to grapefruit which enters the primary channel
  459  of trade for use in fresh form:
  460  Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
  461                  
  462   80 andgreater     33       34       35       36            37        
  463      75-79.99       35       36       37       38            39        
  464      70-74.99       37       38       39       41            42        
  465      65-69.99       40       41       42       44            45        
  466      60-64.99       43       44       46       47            49        
  467      55-59.99       47       48       50       51            53        
  468      50-54.99       51       53       55       56            58        
  469      45-49.99       57       59       60       62            64        
  470      40-44.99       63       65       67       69            71        
  471    Less than 40     72       74       76       79            81        
  472  However, effective July 1, 2011, the tax rate per box on
  473  grapefruit that enters the primary channel of trade for use in
  474  fresh form may not exceed the tax rate per box in effect on May
  475  1, 2011.
  476         2. The following maximum tax rates, expressed in cents per
  477  box, shall apply to grapefruit which enters the primary channel
  478  of trade for use in processed forms:
  479  Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
  480                  
  481   80 andgreater     23       24       25       25            26        
  482      75-79.99       25       25       26       27            28        
  483      70-74.99       26       27       28       29            30        
  484      65-69.99       28       29       30       31            32        
  485      60-64.99       31       32       32       33            34        
  486      55-59.99       33       34       35       36            37        
  487      50-54.99       36       38       39       40            41        
  488      45-49.99       40       41       43       44            45        
  489      40-44.99       45       46       48       49            51        
  490    Less than 40     51       53       54       56            57        
  491  However, effective July 1, 2011, the tax rate per box on
  492  grapefruit that enters the primary channel of trade for use in
  493  processed forms may not exceed the tax rate per box in effect on
  494  May 1, 2011.
  495         3. The following maximum tax rates, expressed in cents per
  496  box, shall apply to oranges which enter the primary channel of
  497  trade for use in fresh form:
  498  Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
  499                  
  500   255 andgreater    23       24       25       26            26        
  501     245-254.9       24       25       26       27            27        
  502     235-244.9       25       26       27       28            28        
  503     225-234.9       26       27       28       29            30        
  504     215-224.9       28       28       29       30            31        
  505     205-214.9       29       30       31       32            33        
  506     195-204.9       30       31       32       33            34        
  507     185-194.9       32       33       34       35            36        
  508     175-184.9       34       35       36       37            38        
  509     165-174.9       36       37       38       39            40        
  510     155-164.9       38       39       40       41            43        
  511   Less than 155     41       42       43       44            46        
  512  However, effective July 1, 2011, the tax rate per box on oranges
  513  that enter the primary channel of trade for use in fresh form
  514  may not exceed the tax rate per box in effect on May 1, 2011.
  515         4. The following maximum tax rates, expressed in cents per
  516  box, shall apply to oranges which enter the primary channel of
  517  trade for use in processed form:
  518  Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
  519                  
  520   255 andgreater    15       16       16       17            17        
  521     245-254.9       16       16       17       17            18        
  522     235-244.9       17       17       18       18            19        
  523     225-234.9       17       18       18       19            19        
  524     215-224.9       18       19       19       20            20        
  525     205-214.9       19       20       20       21            21        
  526     195-204.9       20       21       21       22            22        
  527     185-194.9       21       22       22       23            24        
  528     175-184.9       22       23       23       24            25        
  529     165-174.9       23       24       25       26            26        
  530     155-164.9       25       26       26       27            28        
  531   Less than 155     27       27       28       29            30        
  532  However, effective July 1, 2011, the tax rate per box on oranges
  533  that enter the primary channel of trade for use in processed
  534  form may not exceed 25 cents per box.
  535         5. The actual tax rate levied each year upon oranges which
  536  enter the primary channel of trade for use in processed form,
  537  pursuant to this paragraph, paragraph (e), and subsection (4),
  538  shall also apply in that year to tangerines and citrus hybrids
  539  regulated by the Department of Citrus which enter the primary
  540  channel of trade for use in processed form.
  541         6. The following maximum tax rates, expressed in cents per
  542  box, shall apply to tangerines and citrus hybrids regulated by
  543  the Department of Citrus which enter the primary channel of
  544  trade for use in fresh form:
  545  Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
  546                  
  547   13 andgreater     24       24       25       26            27        
  548     12 - 12.99      26       26       27       28            29        
  549     11 - 11.99      28       29       30       30            31        
  550     10 - 10.99      31       31       32       33            34        
  551      9 - 9.99       34       35       36       37            38        
  552      8 - 8.99       38       39       40       41            42        
  553      7 - 7.99       43       44       45       47            48        
  554    Less than 7      49       51       52       54            56        
  555  However, effective July 1, 2011, the tax rate per box on
  556  tangerines and citrus hybrids regulated by the Department of
  557  Citrus which enter the primary channel of trade for use in fresh
  558  form may not exceed the tax rate per box in effect on May 1,
  559  2011.
  560         Section. 29. The amendment to s. 601.15(3)(a), Florida
  561  Statutes, shall expire July 1, 2012, and the text of that
  562  subsection shall revert to that in existence on June 30, 2010,
  563  except that any amendments to such text enacted other than by
  564  this act shall be preserved and continue to operate to the
  565  extent that such amendments are not dependent upon the portions
  566  of text which expire pursuant to this section.
  567         Section 30. Effective upon become this act becoming a law
  568  and in order to implement Specific Appropriations 2173 through
  569  2195 of the 2011-2012 General Appropriations Act, subsection (3)
  570  of section 601.10, Florida Statutes, is amended to read:
  571         601.10 Powers of the Department of Citrus.—The Department
  572  of Citrus shall have and shall exercise such general and
  573  specific powers as are delegated to it by this chapter and other
  574  statutes of the state, which powers shall include, but shall not
  575  be confined to, the following:
  576         (3) To employ and, at its pleasure, discharge an executive
  577  director, a secretary, and such attorneys, clerks, and employees
  578  as it deems necessary and to outline his or her their powers and
  579  duties and fix his or her their compensation.
  580         (a) The executive director of the department shall be
  581  appointed by a majority vote of the commission for a term of 4
  582  years, except for the initial term, and is subject to
  583  confirmation by the Senate in the legislative session following
  584  appointment.
  585         1. The initial term of the executive director ends June 30,
  586  2011, and each subsequent 4-year term begins July 1, and shall
  587  be filled in the same manner as the original appointment.
  588         2. A vacancy for the executive director shall be filled for
  589  the unexpired portion of the term in the same manner as the
  590  original appointment.
  591         (b) The Department of Citrus may pay, or participate in the
  592  payment of, premiums for health, accident, and life insurance
  593  for its full-time employees, pursuant to such rules or
  594  regulations as it may adopt; and such payments are shall be in
  595  addition to the regular salaries of such full-time employees.
  596  The payment of such or similar benefits to its employees in
  597  foreign countries, including, but not limited to, social
  598  security, retirement, and other similar fringe benefit costs,
  599  may be in accordance with laws in effect in the country of
  600  employment, except that no benefits will be payable to employees
  601  not authorized for other state employees, as provided in the
  602  Career Service System.
  603         Section 31. The amendment to s. 601.10(3), Florida
  604  Statutes, shall expire July 1, 2012, and the text of that
  605  subsection shall revert to that in existence on June 30, 2010,
  606  except that any amendments to such text enacted other than by
  607  this act shall be preserved and continue to operate to the
  608  extent that such amendments are not dependent upon the portions
  609  of text which expire pursuant to this section.
  610         Section 32. In order to implement Specific Appropriation
  611  1648A of the 2011-2012 General Appropriations Act, paragraph (b)
  612  of subsection (3) of section 375.041, Florida Statutes, is
  613  amended to read:
  614         375.041 Land Acquisition Trust Fund.—
  615         (3)
  616         (b) In addition to the uses allowed under in paragraph (a),
  617  for the 2011-2012 2010-2011 fiscal year, moneys in the Land
  618  Acquisition Trust Fund are authorized for transfer to support
  619  the Total Maximum Daily Loads Program Clean Water State
  620  Revolving Fund, the Drinking Water State Revolving Fund, the
  621  Total Maximum Daily Loads programs, and the Marine Spatial
  622  Planning programs as provided in the General Appropriations Act.
  623  This paragraph expires July 1, 2012 2011.
  624         Section 33. In order to implement Specific Appropriation
  625  1580A of the 2011-2012 General Appropriations Act, subsection
  626  (12) of section 373.59, Florida Statutes, is amended to read:
  627         373.59 Water Management Lands Trust Fund.—
  628         (12) Notwithstanding subsection (8), and for the 2011-2012
  629  2010-2011 fiscal year only, the moneys from the Water Management
  630  Lands Trust Fund are shall be allocated as follows:
  631         (a) An amount necessary to pay debt service on bonds issued
  632  before February 1, 2009, by the South Florida Water Management
  633  District and the St. Johns River Water Management District,
  634  which are secured by revenues provided pursuant to this section,
  635  or to fund debt service reserve funds, rebate obligations, or
  636  other amounts payable with respect to such bonds;
  637         (b) Eight million dollars to be transferred to the General
  638  Revenue Fund; and
  639         (c) The remaining funds to be distributed to equally
  640  between the Suwannee River Water Management District, of which
  641  $500,000 may be used for minimum flows and levels. and the
  642  Northwest Florida Water Management District; and
  643         (d) For the 2010-2011 fiscal year only, the sum of $50,000
  644  from the Water Management Lands Trust Fund shall be transferred
  645  to the General Inspection Trust Fund in the Department of
  646  Agriculture and Consumer Services for the soil and water
  647  conservation districts for support services.
  648  
  649  This subsection expires July 1, 2012 2011.
  650         Section 34. In order to implement Specific Appropriations
  651  1649 through 1651, 1653, and section 34 of the 2011-2012 General
  652  Appropriations Act, paragraph (g) of subsection (1) of section
  653  403.1651, Florida Statutes, is reenacted to read:
  654         403.1651 Ecosystem Management and Restoration Trust Fund.—
  655         (1) There is created the Ecosystem Management and
  656  Restoration Trust Fund to be administered by the Department of
  657  Environmental Protection for the purposes of:
  658         (g) Funding activities to preserve and repair the state’s
  659  beaches as provided in ss. 161.091-161.212.
  660         Section 35. The amendment to s. 403.1651(1)(g), Florida
  661  Statutes, as carried forward by this act from chapter 2010-153,
  662  Laws of Florida, shall expire July 1, 2012, and the text of that
  663  subsection shall revert to that in existence on June 30, 2009,
  664  except that any amendments to such text enacted other than by
  665  this act shall be preserved and continue to operate to the
  666  extent that such amendments are not dependent upon the portions
  667  of text which expire pursuant to this section.
  668         Section 36. In order to implement Specific Appropriations
  669  1324 through 1475 of the 2011-2012 General Appropriations Act,
  670  subsection (2) of section 570.20, Florida Statutes, is amended
  671  to read:
  672         570.20 General Inspection Trust Fund.—
  673         (2) For the 2011-2012 2010-2011 fiscal year only and
  674  notwithstanding any other provision of law to the contrary, in
  675  addition to the spending authorized in subsection (1), moneys in
  676  the General Inspection Trust Fund may be appropriated for
  677  programs operated by the department which are related to the
  678  programs authorized by this chapter. This subsection expires
  679  July 1, 2012 2011.
  680         Section 37. In order to implement Specific Appropriation
  681  1703AA of the 2011-2012 General Appropriations Act, subsection
  682  (5) of section 403.7095, Florida Statutes, is amended to read:
  683         403.7095 Solid waste management grant program.—
  684         (5) Notwithstanding any other provision of this section to
  685  the contrary, and for the 2011-2012 2010-2011 fiscal year only,
  686  the Department of Environmental Protection shall award the sum
  687  of $2,400,000 in grants equally to counties having populations
  688  of fewer than 100,000 for waste tire and litter prevention,
  689  recycling education, and general solid waste programs. This
  690  subsection expires July 1, 2012 2011.
  691         Section 38. In order to implement Specific Appropriation
  692  1430 of the 2011-2012 General Appropriations Act and to provide
  693  consistency and continuity in the promotion of agriculture
  694  throughout the state, notwithstanding s. 287.057, Florida
  695  Statutes, the Department of Agriculture and Consumer Services
  696  may extend, revise, and renew current contracts or agreements
  697  created or entered into pursuant to chapter 2006-25, Laws of
  698  Florida. This section expires July 1, 2012.
  699         Section 39. In order to implement Specific Appropriation
  700  1578A of the 2011-2012 General Appropriations Act, and
  701  notwithstanding ss. 253.034, 253.0341, and 259.041, Florida
  702  Statutes, the disposition of state-owned lands is exempt from
  703  appraisal requirements under s. 253.034(6)(g)1., Florida
  704  Statutes, and disposition requirements under s. 253.034(15),
  705  Florida Statutes, if the proceeds of such conveyance will be
  706  used to purchase state-owned lands for preservation,
  707  conservation, or recreation purposes. On or before October 1,
  708  2011, all agencies shall submit a list of state-owned lands to
  709  the Board of Trustees of the Internal Improvement Trust Fund, to
  710  which the lands are titled, which are immediately available for
  711  lease or are surplus lands. Proceeds from the sale of such lands
  712  shall be deposited into the Florida Forever Trust Fund created
  713  by s. 259.1051, Florida Statutes, and used to acquire lands for
  714  preservation, conservation, or recreation purposes pursuant to
  715  the requirements of s. 259.105, Florida Statutes. The board of
  716  trustees shall ensure that, where appropriate, surplus or leased
  717  conservation lands are subject to perpetual conservation
  718  easements or other such restrictive covenants that run with the
  719  land and are duly recorded in the same manner as any other
  720  instrument affecting title to real property. This section
  721  expires July 1, 2012.
  722         Section 40. In order to implement Specific Appropriations
  723  1814, 1831, 1895, and 1907, subsection (3) is added to section
  724  379.204, Florida Statutes, to read:
  725         379.204 Federal Grants Trust Fund.—
  726         (3) The commission may transfer the cash balance
  727  originating from hunting and fishing license fees from other
  728  trust funds into the Federal Grants Trust Fund for the purpose
  729  of supporting cash flow needs. This subsection expires July 1,
  730  2012.
  731         Section 41. In order to implement Specific Appropriation
  732  1806 and notwithstanding the provisions of s. 379.2342(2),
  733  Florida Statutes, for the 2011-2012 fiscal year only, the Fish
  734  and Wildlife Conservation Commission shall suspend the
  735  publication of a printed version the Florida Wildlife Magazine
  736  and the operations of the Florida Wildlife Magazine Advisory
  737  Council.
  738         Section 42. In order to implement Specific Appropriations
  739  1918A through 1919, 1938A through 1938C, 1938E through 1938V,
  740  and 1976A through 1976K of the 2011-2012 General Appropriations
  741  Act, paragraph (a) of subsection (4) of section 339.135, Florida
  742  Statutes, is amended to read:
  743         339.135 Work program; legislative budget request;
  744  definitions; preparation, adoption, execution, and amendment.—
  745         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
  746         (a)1. To assure that no district or county is penalized for
  747  local efforts to improve the State Highway System, the
  748  department shall, for the purpose of developing a tentative work
  749  program, allocate funds for new construction to the districts,
  750  except for the turnpike enterprise, based on equal parts of
  751  population and motor fuel tax collections. Funds for
  752  resurfacing, bridge repair and rehabilitation, bridge fender
  753  system construction or repair, public transit projects except
  754  public transit block grants as provided in s. 341.052, and other
  755  programs with quantitative needs assessments shall be allocated
  756  based on the results of these assessments. The department may
  757  not transfer any funds allocated to a district under this
  758  paragraph to any other district except as provided in subsection
  759  (7). Funds for public transit block grants shall be allocated to
  760  the districts pursuant to s. 341.052. Funds for the intercity
  761  bus program provided for under s. 5311(f) of the federal
  762  nonurbanized area formula program shall be administered and
  763  allocated directly to eligible bus carriers as defined in s.
  764  341.031(12) at the state level rather than the district. In
  765  order to provide state funding to support the intercity bus
  766  program provided for under provisions of the federal 5311(f)
  767  program, the department shall allocate an amount equal to the
  768  federal share of the 5311(f) program from amounts calculated
  769  pursuant to s. 206.46(3).
  770         2. Notwithstanding the provisions of subparagraph 1., the
  771  department shall allocate at least 50 percent of any new
  772  discretionary highway capacity funds to the Florida Strategic
  773  Intermodal System created pursuant to s. 339.61. Any remaining
  774  new discretionary highway capacity funds shall be allocated to
  775  the districts for new construction as provided in subparagraph
  776  1. For the purposes of this subparagraph, the term “new
  777  discretionary highway capacity funds” means any funds available
  778  to the department above the prior year funding level for
  779  capacity improvements, which the department has the discretion
  780  to allocate to highway projects.
  781         3. Notwithstanding subparagraphs 1. and 2. and ss.
  782  201.15(1)(c)1.a.-d., 206.46(3), 334.044(26), and 339.2819(3),
  783  and for the 2011-2012 2010-2011 fiscal year only, the department
  784  shall reduce work program levels to balance the finance plan to
  785  the revised funding levels resulting from any reduction in the
  786  2011-2012 2010-2011 General Appropriations Act. This
  787  subparagraph expires July 1, 2012 2011.
  788         4. For the 2011-2012 2009-2010 fiscal year only, before
  789  prior to any project or phase thereof is being deferred, the
  790  department’s cash balances shall be as provided in paragraph
  791  (6)(b), and the reductions in subparagraph 3. shall be made to
  792  financial projects not programmed for contract letting as
  793  identified with a work program contract class code 8 and the box
  794  code RV. These reductions shall not negatively impact safety or
  795  maintenance or project contingency percentage levels as of April
  796  21, 2011 2009. This subparagraph expires July 1, 2012 2010.
  797         5. Notwithstanding subparagraphs 1. and 2. and ss.
  798  206.46(3) and 334.044(26), and for fiscal years 2009-2010
  799  through 2013-2014 only, the department shall annually allocate
  800  up to $15 million of the first proceeds of the increased
  801  revenues estimated by the November 2009 Revenue Estimating
  802  Conference to be deposited into the State Transportation Trust
  803  Fund to provide for the portion of the transfer of funds
  804  included in s. 343.58(4)(a)1.a. or 2.a., as whichever is
  805  applicable. The transfer of funds included in s. 343.58(4) shall
  806  not negatively impact projects included in fiscal years 2009
  807  2010 through 2013-2014 of the work program as of July 1, 2009,
  808  as amended pursuant to subsection (7). This subparagraph expires
  809  July 1, 2014.
  810         Section 43. In order to implement Specific Appropriations
  811  1918B and 1938S of the 2011-2012 General Appropriations Act,
  812  subsection (5) of section 339.135, Florida Statutes, is amended
  813  to read:
  814         339.135 Work program; legislative budget request;
  815  definitions; preparation, adoption, execution, and amendment.—
  816         (5) ADOPTION OF THE WORK PROGRAM.—
  817         (a) The original approved budget for operational and fixed
  818  capital expenditures for the department shall be the Governor’s
  819  budget recommendation and the first year of the tentative work
  820  program, as both are amended by the General Appropriations Act
  821  and any other act containing appropriations. In accordance with
  822  the appropriations act, the department shall, before prior to
  823  the beginning of the fiscal year, adopt a final work program
  824  which shall only include the original approved budget for the
  825  department for the ensuing fiscal year, together with any roll
  826  forwards approved pursuant to paragraph (6)(c), and the portion
  827  of the tentative work program for the following 4 fiscal years
  828  revised in accordance with the original approved budget for the
  829  department for the ensuing fiscal year together with the said
  830  roll forwards. The adopted work program may include only those
  831  projects submitted as part of the tentative work program
  832  developed under the provisions of subsection (4), plus any
  833  projects which are separately identified by specific
  834  appropriation in the General Appropriations Act and any roll
  835  forwards approved pursuant to paragraph (6)(c). However, any
  836  transportation project of the department which is identified by
  837  specific appropriation in the General Appropriations Act shall
  838  be deducted from the funds annually distributed to the
  839  respective district pursuant to paragraph (4)(a). In addition,
  840  the department shall not in any year include any project or
  841  allocate funds to a program in the adopted work program that is
  842  contrary to existing law for that particular year. Projects
  843  shall not be undertaken unless they are listed in the adopted
  844  work program.
  845         (b) Notwithstanding paragraph (a), and for the 2011-2012
  846  2010-2011 fiscal year only, the Department of Transportation
  847  shall transfer funds to the Office of Tourism, Trade, and
  848  Economic Development in an amount equal to $15 million
  849  $20,300,000 for the purpose of funding transportation-related
  850  needs of economic development projects. This transfer shall not
  851  reduce, delete, or defer any existing projects funded, as of
  852  July 1, 2011 2009, in the Department of Transportation’s 5-year
  853  work program. This paragraph expires July 1, 2012 2011.
  854         (c) Notwithstanding paragraph (a), and for the 2011-2012
  855  fiscal year only, the Department of Transportation shall fund
  856  airport development projects specified in the General
  857  Appropriations Act and, unless requested by the airport sponsor,
  858  may not reduce, delete, or defer any existing projects funded as
  859  of July 1, 2011, in the Department of Transportation’s 5-year
  860  work program. This paragraph expires July 1, 2012.
  861         Section 44. In order to implement section 69 of the 2011
  862  2012 General Appropriations Act, paragraph (n) of subsection (1)
  863  of section 339.08, Florida Statutes, is amended to read:
  864         339.08 Use of moneys in State Transportation Trust Fund.—
  865         (1) The department shall expend moneys in the State
  866  Transportation Trust Fund accruing to the department, in
  867  accordance with its annual budget. The use of such moneys shall
  868  be restricted to the following purposes:
  869         (n) To pay administrative expenses incurred in accordance
  870  with applicable laws for a multicounty transportation or
  871  expressway authority created under chapter 343 or chapter 348
  872  if, where jurisdiction for the authority includes a portion of
  873  the State Highway System and the administrative expenses are in
  874  furtherance of the duties and responsibilities of the authority
  875  in the development of improvements to the State Highway System.
  876  This paragraph expires July 1, 2012 2011.
  877         Section 45. In order to implement section 110 of the 2011
  878  2012 General Appropriations Act, subsection (4) of section
  879  339.08, Florida Statutes, is amended to read:
  880         339.08 Use of moneys in State Transportation Trust Fund.—
  881         (4) For the 2011-2012 2010-2011 fiscal year only and
  882  notwithstanding the provisions of this section and ss. 339.09(1)
  883  and 215.32(2)(b)4., funds may be transferred from the State
  884  Transportation Trust Fund to the State School Trust Fund or the
  885  General Revenue Fund as specified in the General Appropriations
  886  Act. Notwithstanding ss. 206.46(3) and 206.606(2), the total
  887  amount transferred shall be reduced from total state revenues
  888  deposited into the State Transportation Trust Fund for the
  889  calculation requirements of ss. 206.46(3) and 206.606(2). This
  890  subsection expires July 1, 2012 2011.
  891         Section 46. In order to implement Specific Appropriations
  892  2484A through 2484K of the 2011-2012 General Appropriations Act
  893  and notwithstanding chapters 319 and 320, Florida Statutes, the
  894  ownership of all vehicles currently used by the Office of Motor
  895  Carrier Compliance within the Department of Transportation shall
  896  be transferred to the Department of Highway Safety and Motor
  897  Vehicles effective July 1, 2011, without payment of any titling
  898  or registration fees.
  899         Section 47. In order to implement Specific Appropriation
  900  2008 of the 2011-2012 General Appropriations Act, subsection
  901  (11) of section 445.009, Florida Statutes, is amended to read:
  902         445.009 One-stop delivery system.—
  903         (11)(a) A participant in an adult or youth work experience
  904  activity administered under this chapter shall be deemed an
  905  employee of the state for purposes of workers’ compensation
  906  coverage. In determining the average weekly wage, all
  907  remuneration received from the employer shall be considered a
  908  gratuity, and the participant shall not be entitled to any
  909  benefits otherwise payable under s. 440.15, regardless of
  910  whether the participant may be receiving wages and remuneration
  911  from other employment with another employer and regardless of
  912  his or her future wage-earning capacity.
  913         (b) This subsection expires July 1, 2012 2011.
  914         Section 48. In order to implement Specific Appropriation
  915  1498 of the 2011-2012 General Appropriations Act, paragraph (d)
  916  of subsection (3) of section 163.3247, Florida Statutes, is
  917  reenacted to read:
  918         163.3247 Century Commission for a Sustainable Florida.—
  919         (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; CREATION;
  920  ORGANIZATION.—The Century Commission for a Sustainable Florida
  921  is created as a standing body to help the citizens of this state
  922  envision and plan their collective future with an eye towards
  923  both 25-year and 50-year horizons.
  924         (d) Members of the commission shall serve without
  925  compensation.
  926         Section 49. The amendment to s. 163.3247(3)(d), Florida
  927  Statutes, as carried forward by this act from chapter 2010-153,
  928  Laws of Florida, shall expire July 1, 2012, and the text of that
  929  subsection shall revert to that in existence on June 30, 2010,
  930  except that any amendments to such text enacted other than by
  931  this act shall be preserved and continue to operate to the
  932  extent that such amendments are not dependent upon the portions
  933  of text which expire pursuant to this section.
  934         Section 50. In order to implement Specific Appropriation
  935  1498 of the 2011-2012 General Appropriations Act, paragraph (c)
  936  of subsection (1) of section 201.15, Florida Statutes, is
  937  reenacted to read:
  938         201.15 Distribution of taxes collected.—All taxes collected
  939  under this chapter are subject to the service charge imposed in
  940  s. 215.20(1). Prior to distribution under this section, the
  941  Department of Revenue shall deduct amounts necessary to pay the
  942  costs of the collection and enforcement of the tax levied by
  943  this chapter. Such costs and the service charge may not be
  944  levied against any portion of taxes pledged to debt service on
  945  bonds to the extent that the costs and service charge are
  946  required to pay any amounts relating to the bonds. After
  947  distributions are made pursuant to subsection (1), all of the
  948  costs of the collection and enforcement of the tax levied by
  949  this chapter and the service charge shall be available and
  950  transferred to the extent necessary to pay debt service and any
  951  other amounts payable with respect to bonds authorized before
  952  January 1, 2010, secured by revenues distributed pursuant to
  953  subsection (1). All taxes remaining after deduction of costs and
  954  the service charge shall be distributed as follows:
  955         (1) Sixty-three and thirty-one hundredths percent of the
  956  remaining taxes shall be used for the following purposes:
  957         (c) After the required payments under paragraphs (a) and
  958  (b), the remainder shall be paid into the State Treasury to the
  959  credit of:
  960         1. The State Transportation Trust Fund in the Department of
  961  Transportation in the amount of the lesser of 38.2 percent of
  962  the remainder or $541.75 million in each fiscal year, to be used
  963  for the following specified purposes, notwithstanding any other
  964  law to the contrary:
  965         a. For the purposes of capital funding for the New Starts
  966  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
  967  specified in s. 341.051, 10 percent of these funds;
  968         b. For the purposes of the Small County Outreach Program
  969  specified in s. 339.2818, 5 percent of these funds. Effective
  970  July 1, 2014, the percentage allocated under this sub
  971  subparagraph shall be increased to 10 percent;
  972         c. For the purposes of the Strategic Intermodal System
  973  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
  974  of these funds after allocating for the New Starts Transit
  975  Program described in sub-subparagraph a. and the Small County
  976  Outreach Program described in sub-subparagraph b.; and
  977         d. For the purposes of the Transportation Regional
  978  Incentive Program specified in s. 339.2819, 25 percent of these
  979  funds after allocating for the New Starts Transit Program
  980  described in sub-subparagraph a. and the Small County Outreach
  981  Program described in sub-subparagraph b. Effective July 1, 2014,
  982  the first $60 million of the funds allocated pursuant to this
  983  sub-subparagraph shall be allocated annually to the Florida Rail
  984  Enterprise for the purposes established in s. 341.303(5).
  985         2. The Grants and Donations Trust Fund in the Department of
  986  Community Affairs in the amount of the lesser of .23 percent of
  987  the remainder or $3.25 million in each fiscal year to fund
  988  technical assistance to local governments and school boards on
  989  the requirements and implementation of this act.
  990         3. The Ecosystem Management and Restoration Trust Fund in
  991  the amount of the lesser of 2.12 percent of the remainder or $30
  992  million in each fiscal year, to be used for the preservation and
  993  repair of the state’s beaches as provided in ss. 161.091
  994  161.212.
  995         4. General Inspection Trust Fund in the amount of the
  996  lesser of .02 percent of the remainder or $300,000 in each
  997  fiscal year to be used to fund oyster management and restoration
  998  programs as provided in s. 379.362(3).
  999  
 1000  Moneys distributed pursuant to this paragraph may not be pledged
 1001  for debt service unless such pledge is approved by referendum of
 1002  the voters.
 1003         Section 51. The amendment to s. 201.15(1)(c)2., Florida
 1004  Statutes, as carried forward by this act from chapter 2010-153,
 1005  Laws of Florida, shall expire July 1, 2012, and the text of that
 1006  subsection shall revert to that in existence on June 30, 2010,
 1007  except that any amendments to such text enacted other than by
 1008  this act shall be preserved and continue to operate to the
 1009  extent that such amendments are not dependent upon the portions
 1010  of text which expire pursuant to this section.
 1011         Section 52. In order to implement Specific Appropriations
 1012  1918A through 1919, 1938A through 1938C, 1938E through 1939V,
 1013  and 1976A through 1976K of the 2011-2012 General Appropriations
 1014  Act, subsection (3) of section 206.608, Florida Statutes, is
 1015  amended to read:
 1016         206.608 State Comprehensive Enhanced Transportation System
 1017  Tax; deposit of proceeds; distribution.—Moneys received pursuant
 1018  to ss. 206.41(1)(f) and 206.87(1)(d) shall be deposited in the
 1019  Fuel Tax Collection Trust Fund, and, after deducting the service
 1020  charge imposed in chapter 215 and administrative costs incurred
 1021  by the department in collecting, administering, enforcing, and
 1022  distributing the tax, which administrative costs may not exceed
 1023  2 percent of collections, shall be distributed as follows:
 1024         (3) For the 2011-2012 2010-2011 fiscal year only, and
 1025  notwithstanding the provisions of subsection (2), the remaining
 1026  proceeds of the tax levied pursuant to s. 206.41(1)(f) and all
 1027  of the proceeds from the tax imposed by s. 206.87(1)(d) shall be
 1028  transferred into the State Transportation Trust Fund and shall
 1029  be used for the purposes stated in s. 339.08. This subsection
 1030  expires July 1, 2012 2011.
 1031         Section 53. In order to implement Specific Appropriations
 1032  2453 through 2535A and notwithstanding s. 320.204, Florida
 1033  Statutes, for the 2011-2012 fiscal year only, funds may not be
 1034  transferred from the Highway Safety Operating Trust Fund to the
 1035  Transportation Disadvantaged Trust Fund in the Department of
 1036  Transportation.
 1037         Section 54. In order to implement Specific Appropriations
 1038  1918C, 1918 H, 1918I and 1918J, and notwithstanding s.
 1039  341.303(6)(a), Florida Statutes, funding for passenger rail for
 1040  the 2011-2012 fiscal year is included in the Transportations
 1041  Systems Development budget entity.
 1042         Section 55. In order to implement Specific Appropriation
 1043  2484A, all sworn law enforcement employee positions classified
 1044  as “captain” or “major in the Office of Motor Carrier
 1045  Compliance who are exempt from the career service in accordance
 1046  with s. 110.205(2)(m)3., Florida Statutes, shall be placed in
 1047  the career service upon transfer to the Florida Highway Patrol
 1048  in the Department of Highway Safety and Motor Vehicles.
 1049  Incumbents of captains and majors positions in the Office of
 1050  Motor Carrier Compliance as of June 30, 2011, who have 1 year of
 1051  satisfactory service in their positions shall receive permanent
 1052  status in that position within the Department of Highway Safety
 1053  and Motor Vehicles. It is the intent of the Legislature that the
 1054  incumbent of any career service position in the Office of Motor
 1055  Carrier Compliance as of June 30, 2011, retain his or her
 1056  current status upon transfer to the Department of Highway Safety
 1057  and Motor Vehicles as provided in the General Appropriations
 1058  Act.
 1059         Section 56. In order to implement Specific Appropriation
 1060  1938Q, for the 2011-2012 fiscal year only, and notwithstanding
 1061  s. 338.251, Florida Statutes, the Department of Transportation
 1062  is authorized to grant not more than $3 million in total from
 1063  the Toll Facilities Revolving Trust Fund to authorities created
 1064  under chapter 348, Florida Statutes, for preliminary
 1065  engineering, traffic, and revenue studies, environmental impact
 1066  studies, financial advisory services, engineering design, right
 1067  of-way map preparation, operations, other appropriate project
 1068  related professional services, and advanced right-of-way
 1069  acquisition.
 1070         Section 57. In order to implement the appropriation of
 1071  funds in appropriation category “Special Categories-Risk
 1072  Management Insurance” in the 2011-2012 General Appropriations
 1073  Act, and pursuant to the notice, review, and objection
 1074  procedures of s. 216.177, Florida Statutes, the Executive Office
 1075  of the Governor may transfer funds appropriated in that category
 1076  between departments in order to align the budget authority
 1077  granted with the premiums paid by each department for risk
 1078  management insurance. This section expires July 1, 2012.
 1079         Section 58. In order to implement the appropriation of
 1080  funds in the appropriation category “Special Categories-Transfer
 1081  to Department of Management Services-Human Resources Services
 1082  Purchased Per Statewide Contract” in the 2011-2012 General
 1083  Appropriations Act,” and pursuant to the notice, review, and
 1084  objection procedures of s. 216.177, Florida Statutes, the
 1085  Executive Office of the Governor may transfer funds appropriated
 1086  in that category between departments in order to align the
 1087  budget authority granted with the assessments that must be paid
 1088  by each agency to the Department of Management Services for
 1089  human resource management services. This section expires July 1,
 1090  2012.
 1091         Section 59. In order to implement specific appropriations
 1092  for salaries and benefits in the 2011-2012 General
 1093  Appropriations Act, paragraph (a) of subsection (12) of section
 1094  110.123, Florida Statutes, is amended to read:
 1095         110.123 State group insurance program.—
 1096         (12) HEALTH SAVINGS ACCOUNTS.—The department is authorized
 1097  to establish health savings accounts for full-time and part-time
 1098  state employees in association with a health insurance plan
 1099  option authorized by the Legislature and conforming to the
 1100  requirements and limitations of federal provisions relating to
 1101  the Medicare Prescription Drug, Improvement, and Modernization
 1102  Act of 2003.
 1103         (a)1. A member participating in this health insurance plan
 1104  option is shall be eligible to receive an employer contribution
 1105  into the employee’s health savings account from the State
 1106  Employees Health Insurance Trust Fund in an amount to be
 1107  determined by the Legislature. A member is not eligible for an
 1108  employer contribution upon termination of employment. For the
 1109  2011-2012 2010-2011 fiscal year, the state’s monthly
 1110  contribution for employees having individual coverage shall be
 1111  $41.66 and the monthly contribution for employees having family
 1112  coverage shall be $83.33.
 1113         2. A member participating in this health insurance plan
 1114  option is shall be eligible to deposit the member’s own funds
 1115  into a health savings account.
 1116         Section 60. In order to implement section 8 of the 2011
 1117  2012 General Appropriations Act, paragraph (j) of subsection (3)
 1118  of section 110.123, Florida Statutes, is amended to read:
 1119         110.123 State group insurance program.—
 1120         (3) STATE GROUP INSURANCE PROGRAM.—
 1121         (j) Notwithstanding the provisions of paragraph (f)
 1122  requiring uniform contributions, and for the 2011-2012 2010-2011
 1123  fiscal year only, the state contribution toward the cost of any
 1124  plan in the state group insurance plan is shall be the
 1125  difference between the overall premium and the employee
 1126  contribution. This subsection expires June 30, 2012 2011.
 1127         Section 61. In order to implement specific appropriations
 1128  for salaries and benefits in the 2011-2012 General
 1129  Appropriations Act, paragraph (b) of subsection (3) of section
 1130  112.24, Florida Statutes, is amended to read:
 1131         112.24 Intergovernmental interchange of public employees.
 1132  To encourage economical and effective utilization of public
 1133  employees in this state, the temporary assignment of employees
 1134  among agencies of government, both state and local, and
 1135  including school districts and public institutions of higher
 1136  education is authorized under terms and conditions set forth in
 1137  this section. State agencies, municipalities, and political
 1138  subdivisions are authorized to enter into employee interchange
 1139  agreements with other state agencies, the Federal Government,
 1140  another state, a municipality, or a political subdivision
 1141  including a school district, or with a public institution of
 1142  higher education. State agencies are also authorized to enter
 1143  into employee interchange agreements with private institutions
 1144  of higher education and other nonprofit organizations under the
 1145  terms and conditions provided in this section. In addition, the
 1146  Governor or the Governor and Cabinet may enter into employee
 1147  interchange agreements with a state agency, the Federal
 1148  Government, another state, a municipality, or a political
 1149  subdivision including a school district, or with a public
 1150  institution of higher learning to fill, subject to the
 1151  requirements of chapter 20, appointive offices which are within
 1152  the executive branch of government and which are filled by
 1153  appointment by the Governor or the Governor and Cabinet. Under
 1154  no circumstances shall employee interchange agreements be
 1155  utilized for the purpose of assigning individuals to participate
 1156  in political campaigns. Duties and responsibilities of
 1157  interchange employees shall be limited to the mission and goals
 1158  of the agencies of government.
 1159         (3) Salary, leave, travel and transportation, and
 1160  reimbursements for an employee of a sending party that is
 1161  participating in an interchange program shall be handled as
 1162  follows:
 1163         (b)1. The assignment of an employee of a state agency
 1164  either on detail or on leave of absence may be made without
 1165  reimbursement by the receiving party for the travel and
 1166  transportation expenses to or from the place of the assignment
 1167  or for the pay and benefits, or a part thereof, of the employee
 1168  during the assignment.
 1169         2. For the 2011-2012 2010-2011 fiscal year only, the
 1170  assignment of an employee of a state agency as provided in
 1171  subparagraph 1. may be made if recommended by the Governor or
 1172  Chief Justice, as appropriate, and approved by the chairs of the
 1173  legislative appropriations committees Senate Policy and Steering
 1174  Committee on Ways and Means and the House Full appropriations
 1175  Council on Education and Economic Development. Such actions
 1176  shall be deemed approved if neither chair provides written
 1177  notice of objection within 14 days after the chair’s receiving
 1178  notice of the action pursuant to s. 216.177. This subparagraph
 1179  expires July 1, 2012 2011.
 1180         Section 62. In order to implement Specific Appropriations
 1181  2536 and 2537 of the 2011-2012 General Appropriations Act and
 1182  notwithstanding the provisions of s. 11.13(1), Florida Statutes,
 1183  the authorized salaries for members of the Legislature for the
 1184  2011-2012 fiscal year shall be set at the same level in effect
 1185  on July 1, 2010. This section expires July 1, 2012.
 1186         Section 63. If HB 5011 or similar legislation fails to
 1187  become law and notwithstanding s. 27.709, Florida Statutes, in
 1188  order to implement Specific Appropriations 760 through 762 of
 1189  the 2011-2012 General Appropriations Act, subsection (1) of
 1190  section 27.710, Florida Statutes, is amended to read:
 1191         27.710 Registry of attorneys applying to represent persons
 1192  in postconviction capital collateral proceedings; certification
 1193  of minimum requirements; appointment by trial court.—
 1194         (1) The executive director of the Justice Administrative
 1195  Commission on Capital Cases shall compile and maintain a
 1196  statewide registry of attorneys in private practice who have
 1197  certified that they meet the minimum requirements of s.
 1198  27.704(2), who are available for appointment by the court under
 1199  this section to represent persons convicted and sentenced to
 1200  death in this state in postconviction collateral proceedings,
 1201  and who have attended within the last year a continuing legal
 1202  education program of at least 10 hours’ duration devoted
 1203  specifically to the defense of capital cases, if available.
 1204  Continuing legal education programs meeting the requirements of
 1205  this rule offered by The Florida Bar or another recognized
 1206  provider and approved for continuing legal education credit by
 1207  The Florida Bar shall satisfy this requirement. The failure to
 1208  comply with this requirement may be cause for removal from the
 1209  list until the requirement is fulfilled. To ensure that
 1210  sufficient attorneys are available for appointment by the court,
 1211  if when the number of attorneys on the registry falls below 50,
 1212  the executive director shall notify the chief judge of each
 1213  circuit by letter and request the chief judge to promptly submit
 1214  the names of at least three private attorneys who regularly
 1215  practice criminal law in that circuit and who appear to meet the
 1216  minimum requirements to represent persons in postconviction
 1217  capital collateral proceedings. The executive director shall
 1218  send an application to each attorney identified by the chief
 1219  judge so that the attorney may register for appointment as
 1220  counsel in postconviction capital collateral proceedings. As
 1221  necessary, the executive director may also advertise in legal
 1222  publications and other appropriate media for qualified attorneys
 1223  interested in registering for appointment as counsel in
 1224  postconviction capital collateral proceedings. Not later than
 1225  September 1 of each year, and as necessary thereafter, the
 1226  executive director shall provide to the Chief Justice of the
 1227  Supreme Court, the chief judge and state attorney in each
 1228  judicial circuit, and the Attorney General a current copy of its
 1229  registry of attorneys who are available for appointment as
 1230  counsel in postconviction capital collateral proceedings. The
 1231  registry must be indexed by judicial circuit and must contain
 1232  the requisite information submitted by the applicants in
 1233  accordance with this section.
 1234         Section 64. The amendment to s. 27.710(1), Florida
 1235  Statutes, shall expire July 1, 2012, and the text of that
 1236  subsection shall revert to that in existence on June 30, 2011,
 1237  except that any amendments to such text enacted other than by
 1238  this act shall be preserved and continue to operate to the
 1239  extent that such amendments are not dependent upon the portions
 1240  of text which expire pursuant to this section.
 1241         Section 65. In order to implement the transfer of funds to
 1242  the State School Trust Fund from trust funds in the 2011-2012
 1243  General Appropriations Act, paragraph (b) of subsection (2) of
 1244  section 215.32, Florida Statutes, is reenacted and amended to
 1245  read:
 1246         215.32 State funds; segregation.—
 1247         (2) The source and use of each of these funds shall be as
 1248  follows:
 1249         (b)1. The trust funds shall consist of moneys received by
 1250  the state which under law or under trust agreement are
 1251  segregated for a purpose authorized by law. The state agency or
 1252  branch of state government receiving or collecting such moneys
 1253  are shall be responsible for their proper expenditure as
 1254  provided by law. Upon the request of the state agency or branch
 1255  of state government responsible for the administration of the
 1256  trust fund, the Chief Financial Officer may establish accounts
 1257  within the trust fund at a level considered necessary for proper
 1258  accountability. Once an account is established within a trust
 1259  fund, the Chief Financial Officer may authorize payment from
 1260  that account only upon determining that there is sufficient cash
 1261  and releases at the level of the account.
 1262         2. In addition to other trust funds created by law, to the
 1263  extent possible, each agency shall use the following trust funds
 1264  as described in this subparagraph for day-to-day operations:
 1265         a. Operations or operating trust fund, for use as a
 1266  depository for funds to be used for program operations funded by
 1267  program revenues, with the exception of administrative
 1268  activities when the operations or operating trust fund is a
 1269  proprietary fund.
 1270         b. Operations and maintenance trust fund, for use as a
 1271  depository for client services funded by third-party payors.
 1272         c. Administrative trust fund, for use as a depository for
 1273  funds to be used for management activities that are departmental
 1274  in nature and funded by indirect cost earnings and assessments
 1275  against trust funds. Proprietary funds are excluded from the
 1276  requirement of using an administrative trust fund.
 1277         d. Grants and donations trust fund, for use as a depository
 1278  for funds to be used for allowable grant or donor agreement
 1279  activities funded by restricted contractual revenue from private
 1280  and public nonfederal sources.
 1281         e. Agency working capital trust fund, for use as a
 1282  depository for funds to be used pursuant to s. 216.272.
 1283         f. Clearing funds trust fund, for use as a depository for
 1284  funds to account for collections pending distribution to lawful
 1285  recipients.
 1286         g. Federal grant trust fund, for use as a depository for
 1287  funds to be used for allowable grant activities funded by
 1288  restricted program revenues from federal sources.
 1289  
 1290  To the extent possible, each agency must adjust its internal
 1291  accounting to use existing trust funds consistent with the
 1292  requirements of this subparagraph. If an agency does not have
 1293  trust funds listed in this subparagraph and cannot make such
 1294  adjustment, the agency must recommend the creation of the
 1295  necessary trust funds to the Legislature no later than the next
 1296  scheduled review of the agency’s trust funds pursuant to s.
 1297  215.3206.
 1298         3. All such moneys are hereby appropriated to be expended
 1299  in accordance with the law or trust agreement under which they
 1300  were received, subject always to the provisions of chapter 216
 1301  relating to the appropriation of funds and to the applicable
 1302  laws relating to the deposit or expenditure of moneys in the
 1303  State Treasury.
 1304         4.a. Notwithstanding any provision of law restricting the
 1305  use of trust funds to specific purposes, unappropriated cash
 1306  balances from selected trust funds may be authorized by the
 1307  Legislature for transfer to the State School Trust Fund, Budget
 1308  Stabilization Fund, and General Revenue Fund in the General
 1309  Appropriations Act.
 1310         b. This subparagraph does not apply to trust funds required
 1311  by federal programs or mandates; trust funds established for
 1312  bond covenants, indentures, or resolutions whose revenues are
 1313  legally pledged by the state or public body to meet debt service
 1314  or other financial requirements of any debt obligations of the
 1315  state or any public body; the Division of Licensing Trust Fund
 1316  in the Department of Agriculture and Consumer Services; the
 1317  State Transportation Trust Fund; the trust fund containing the
 1318  net annual proceeds from the Florida Education Lotteries; the
 1319  Florida Retirement System Trust Fund; trust funds under the
 1320  management of the State Board of Education or the Board of
 1321  Governors of the State University System, where such trust funds
 1322  are for auxiliary enterprises, self-insurance, and contracts,
 1323  grants, and donations, as those terms are defined by general
 1324  law; trust funds that serve as clearing funds or accounts for
 1325  the Chief Financial Officer or state agencies; trust funds that
 1326  account for assets held by the state in a trustee capacity as an
 1327  agent or fiduciary for individuals, private organizations, or
 1328  other governmental units; and other trust funds authorized by
 1329  the State Constitution.
 1330         Section 66. The amendment to s. 215.32(2)(b), Florida
 1331  Statutes, as carried forward by this act from chapter 2010-153,
 1332  Laws of Florida, shall expire July 1, 2012, and the text of that
 1333  subsection shall revert to that in existence on June 30, 2010,
 1334  except that any amendments to such text enacted other than by
 1335  this act shall be preserved and continue to operate to the
 1336  extent that such amendments are not dependent upon the portions
 1337  of text which expire pursuant to this section.
 1338         Section 67. In order to implement the transfer of moneys to
 1339  the General Revenue Fund from trust funds in the 2011-2012
 1340  General Appropriations Act, paragraph (b) of subsection (4) of
 1341  section 215.5601, Florida Statutes, is reenacted and amended to
 1342  read:
 1343         215.5601 Lawton Chiles Endowment Fund.—
 1344         (4) ADMINISTRATION.—
 1345         (b) The endowment shall be managed as an annuity. The
 1346  investment objective is the shall be long-term preservation of
 1347  the real value of the net contributed principal and a specified
 1348  regular annual cash outflow for appropriation, as nonrecurring
 1349  revenue. From the annual cash outflow, a pro rata share shall be
 1350  used solely for biomedical research activities as provided in
 1351  paragraph (3)(d), until such time as cures are found for
 1352  tobacco-related cancer and heart and lung disease. Five percent
 1353  of the annual cash outflow dedicated to the biomedical research
 1354  portion of the endowment shall be reinvested and applied to that
 1355  portion of the endowment’s principal, with the remainder to be
 1356  spent on biomedical research activities consistent with this
 1357  section. The schedule of annual cash outflow must shall be
 1358  included within the investment plan adopted under paragraph (a).
 1359  Withdrawals other than specified regular cash outflow are shall
 1360  be considered reductions in contributed principal for the
 1361  purposes of this subsection.
 1362         Section 68. The amendment to s. 215.5601(b), Florida
 1363  Statutes, as carried forward by this act from chapter 2010-153,
 1364  Laws of Florida, shall expire July 1, 2012, and the text of that
 1365  subsection shall revert to that in existence on June 30, 2010,
 1366  except that any amendments to such text enacted other than by
 1367  this act shall be preserved and continue to operate to the
 1368  extent that such amendments are not dependent upon the portions
 1369  of text which expire pursuant to this section.
 1370         Section 69. In order to implement the issuance of new debt
 1371  authorized in the 2011-2012 General Appropriations Act, and
 1372  pursuant to s. 215.98, Florida Statutes, the Legislature
 1373  determines that the authorization and issuance of debt for the
 1374  2011-2012 fiscal year should be implemented, is in the best
 1375  interest of the state, and necessary to address a critical state
 1376  emergency. This section expires July 1, 2012.
 1377         Section 70. In order to implement the funds appropriated in
 1378  the 2011-2012 General Appropriations Act for state employee
 1379  travel, the funds appropriated to each state agency, which may
 1380  be used for travel by state employees, are limited during the
 1381  2011-2012 fiscal year to travel for activities that are critical
 1382  to each state agency’s mission. Funds may not be used to pay for
 1383  travel by state employees to foreign countries, other states,
 1384  conferences, staff-training activities, or other administrative
 1385  functions unless the agency head has approved in writing that
 1386  such activities are critical to the agency’s mission. The agency
 1387  head must consider the use of teleconferencing and other forms
 1388  of electronic communication to meet the needs of the proposed
 1389  activity before approving mission-critical travel. This section
 1390  does not apply to travel for law enforcement purposes, military
 1391  purposes, emergency management activities, or public health
 1392  activities. This section expires July 1, 2012.
 1393         Section 71. In order to implement the appropriations
 1394  authorized in the 2011-2012 General Appropriations Act for each
 1395  of the state’s designated primary data centers, which are funded
 1396  from the data processing appropriation category and other
 1397  categories used to pay for computing services of user agencies,
 1398  and pursuant to the notice, review, and objection procedures of
 1399  s. 216.177, Florida Statutes, the Executive Office of the
 1400  Governor may transfer funds appropriated in any appropriation
 1401  category used to pay for data processing in the 2011-2012
 1402  General Appropriations Act between agencies in order to align
 1403  the budget authority granted with the utilization rate of each
 1404  department. This section expires July 1, 2012.
 1405         Section 72. State agencies that are required to begin
 1406  planning for a data center consolidation scheduled for a
 1407  subsequent fiscal year may accelerate the consolidation into the
 1408  2011-2012 fiscal year, contingent upon approval by the
 1409  Legislative Budget Commission of budget adjustments necessary to
 1410  accomplish the consolidation. The primary data center may
 1411  establish positions contingent on an equal or greater number of
 1412  positions being placed in reserve from the agency data centers
 1413  being consolidated. This section expires July 1, 2012.
 1414         Section 73. In order to implement Specific Appropriation
 1415  2690 of the 2011-2012 General Appropriations Act, the Executive
 1416  Office of the Governor may transfer funds appropriated in the
 1417  appropriation category “Expenses” of the 2011-2012 General
 1418  Appropriations Act between agencies in order to allocate a
 1419  reduction relating to SUNCOM Services. This section expires July
 1420  1, 2012.
 1421         Section 74. In order to implement section 8 of the General
 1422  Appropriations Act for the 2011-2012 fiscal year, paragraph (a)
 1423  of subsection (7) of section 110.12315, Florida Statutes, is
 1424  reenacted to read:
 1425         110.12315 Prescription drug program.—The state employees’
 1426  prescription drug program is established. This program shall be
 1427  administered by the Department of Management Services, according
 1428  to the terms and conditions of the plan as established by the
 1429  relevant provisions of the annual General Appropriations Act and
 1430  implementing legislation, subject to the following conditions:
 1431         (7) Under the state employees’ prescription drug program
 1432  copayments must be made as follows:
 1433         (a) Effective January 1, 2011, for the State Group Health
 1434  Insurance Standard Plan:
 1435         1. For generic drug with card.........................$7.
 1436         2. For preferred brand name drug with card...........$30.
 1437         3. For nonpreferred brand name drug with card........$50.
 1438         4. For generic mail order drug.......................$14.
 1439         5. For preferred brand name mail order drug..........$60.
 1440         6. For nonpreferred brand name mail order drug......$100.
 1441         Section 75. The amendment to s. 110.12315(7)(a), Florida
 1442  Statutes, as carried forward by this act from chapter 2010-153,
 1443  Laws of Florida, shall expire on July 1, 2012, and the text of
 1444  that paragraph shall revert to that in existence on December 31,
 1445  2010, except that any amendments to such text enacted other than
 1446  by this act shall be preserved and continue to operate to the
 1447  extent that such amendments are not dependent upon the portions
 1448  of text which expire pursuant to this section.
 1449         Section 76. In order to implement Specific Appropriations
 1450  2587 through 2597 of the 2011-2012 General Appropriations Act,
 1451  and notwithstanding chapter 255, Florida Statutes, the
 1452  Department of Management Services shall use the services of a
 1453  tenant broker to renegotiate all leases over 150,000 square
 1454  feet. Based on the renegotiations, and by September 30, 2011,
 1455  the department shall report to the Legislative Budget Commission
 1456  the projected savings, implementation costs, and recommendations
 1457  for leases to terminate.
 1458         (1) The report shall also identify any leases that do not
 1459  comply with state law or the State Constitution, including
 1460  noncompliance due to a nonappropriation clause, and include
 1461  recommendations to bring such leases into compliance by June 30,
 1462  2012.
 1463         (2) State agencies shall propose budget amendments pursuant
 1464  to chapter 216, Florida Statutes, to place the budget authority
 1465  associated with the cost savings into reserve. If it is
 1466  determined that additional savings may be derived from
 1467  consolidating, collocating, and or restacking office space, the
 1468  Executive Office of the Governor may transfer funds appropriated
 1469  between agencies, subject to the notice, review, and objection
 1470  procedures of s. 216.177, Florida Statutes.
 1471         (3) This section expires July 1, 2012.
 1472         Section 77. In order to implement appropriations used for
 1473  the payments of existing lease contracts for private office or
 1474  storage space in excess of 2,000 square feet, the Department of
 1475  Management Services, together with the cooperation of the
 1476  agencies having the existing lease contracts, shall seek to
 1477  renegotiate or reprocure all private lease agreements expiring
 1478  before June 30, 2013, in order to achieve a reduction in costs
 1479  in future years. The department shall incorporate this
 1480  initiative into its 2011 Master Leasing Report and may use
 1481  tenant broker services to explore the possibilities of
 1482  collocation, to review the space needs of each agency, and to
 1483  review the length and terms of potential renewals or
 1484  renegotiations. The department shall provide a report by March
 1485  1, 2012, to the Executive Office of the Governor, the President
 1486  of the Senate, and the Speaker of the House of Representatives
 1487  which lists each lease contract for private office or storage
 1488  space, the status of renegotiations, and the savings achieved.
 1489  This section expires July 1, 2012.
 1490         Section 78. In order to implement specific appropriations
 1491  for the purchase of pharmacy products in the 2011-2012 General
 1492  Appropriations Act the Department of Management Services shall
 1493  issue by November 1, 2011, a competitive solicitation pursuant
 1494  to chapter 287 for a pharmaceutical purchasing arrangement as a
 1495  state term contract. The solicitation shall invite group
 1496  purchasing organizations or other vendors to offer a system for
 1497  drug purchasing, excluding those drugs purchased by Medicaid,
 1498  which provides transparent pricing to the extent permitted by
 1499  federal law, permits purchases outside the agreement if such
 1500  purchases offer the best value to the state, and establishes a
 1501  preferred drug list that utilizes generic drugs to the extent
 1502  feasible and cost effective. The department shall work with
 1503  other agencies with subject matter expertise in the
 1504  implementation of this section. Award of any contract is
 1505  contingent upon the approval of the Legislative Budget
 1506  Commission that the requirements of this section have been met.
 1507  Upon approval of the Legislative Budget Commission, the
 1508  Department of Health shall terminate its participation in the
 1509  Minnesota Multistate Contracting Alliance for Pharmacy.
 1510         Section 79. In order to implement Specific Appropriation
 1511  193 of the 2011-2012 General Appropriations Act and
 1512  notwithstanding chapter 287, Florida Statutes, the Agency for
 1513  Health Care Administration shall competitively reprocure a
 1514  Florida Discount Drug Card Program to provide market competitive
 1515  discounts through a broad network of retail pharmacies and a
 1516  mail order pharmacy within the state and return money to the
 1517  state on a per prescription dispensed basis. Discounts shall be
 1518  available to Florida residents without income restrictions.
 1519  Residents shall be able to enroll and acquire a member
 1520  identification card from the participating pharmacies, online
 1521  and through text messaging, without a charge. Revenues derived
 1522  from this contract shall be deposited into the agency’s Grants
 1523  and Donations Trust Fund to reduce the cost of Medicaid pharmacy
 1524  purchases. This section expires July 1, 2012.
 1525         Section 80. In order to implement specific appropriations
 1526  for Expense and Other Capital Outlay in the 2011-2012 General
 1527  Appropriations Act, subsection (8) is added to section 946.515,
 1528  Florida Statutes, to read:
 1529         946.515 Use of goods and services produced in correctional
 1530  work programs.—
 1531         (8) On June 30, 3012, each state agency must submit a
 1532  report to the President of the Senate and the Speaker of the
 1533  House of Representatives which lists products or services
 1534  obtained from a source other than the corporation when a
 1535  comparable product or service could have been obtained from the
 1536  corporation. The report must include an explanation of why the
 1537  product or service was not obtained from the corporation. This
 1538  subsection expires July 1, 2012.
 1539         Section 81. Any section of this act which implements a
 1540  specific appropriation or specifically identified proviso
 1541  language in the 2011-2012 General Appropriations Act is void if
 1542  the specific appropriation or specifically identified proviso
 1543  language is vetoed. Any section of this act which implements
 1544  more than one specific appropriation or more than one portion of
 1545  specifically identified proviso language in the 2011-2012
 1546  General Appropriations Act is void if all the specific
 1547  appropriations or portions of specifically identified proviso
 1548  language are vetoed.
 1549         Section 82. If any other act passed during the 2011 Regular
 1550  Session contains a provision that is substantively the same as a
 1551  provision in this act, but that removes or is otherwise not
 1552  subject to the future repeal applied to such provision by this
 1553  act, the Legislature intends that the provision in the other act
 1554  takes precedence and continues to operate, notwithstanding the
 1555  future repeal provided by this act.
 1556         Section 83. If any provision of this act or its application
 1557  to any person or circumstance is held invalid, the invalidity
 1558  does not affect other provisions or applications of the act
 1559  which can be given effect without the invalid provision or
 1560  application, and to this end the provisions of this act are
 1561  severable.
 1562         Section 84. Except as otherwise expressly provided in this
 1563  act and except for this section, which shall take effect upon
 1564  this act becoming a law, this act shall take effect July 1,
 1565  2011; or, if this act fails to become a law until after that
 1566  date, it shall take effect upon becoming a law and shall operate
 1567  retroactively to July 1, 2011.
 1568  
 1569  ================= T I T L E  A M E N D M E N T ================
 1570         And the title is amended as follows:
 1571         Delete everything before the enacting clause
 1572  and insert:
 1573                        A bill to be entitled                      
 1574         An act implementing the 2011-2012 General
 1575         Appropriations Act; providing legislative intent;
 1576         incorporating by reference certain calculations of the
 1577         Florida Education Finance Program for the 2011-2012
 1578         fiscal year; amending s. 216.292, F.S.; authorizing
 1579         the transfer of funds between appropriation categories
 1580         to fund fixed capital outlay projects for public
 1581         schools upon certain approval; authorizing the use of
 1582         funds from the Workers’ Compensation Administration
 1583         Trust Fund for the Ready to Work Program; authorizing
 1584         a university board of trustees to expend reserve or
 1585         carry-forward balances for the establishment of a new
 1586         campus; amending s. 394.908, F.S.; providing
 1587         allocation requirements for specified funds
 1588         appropriated for forensic mental health services;
 1589         providing requirements relating to implementing phase
 1590         3 of the Department of Health’s Florida Onsite Sewage
 1591         Nitrogen Reduction Strategies Study; amending s. 1 of
 1592         chapter 2007-174, Laws of Florida; revising the
 1593         expiration of provisions authorizing certain
 1594         flexibility for the Department of Children and Family
 1595         Services with respect to its organizational structure;
 1596         incorporating by reference certain calculations of the
 1597         Medicaid Low-Income Pool, Disproportionate Share
 1598         Hospital, and Hospital Exemptions Programs; requiring
 1599         certain budget amendments recommending the release of
 1600         funds to provide more notice and be subject to certain
 1601         objection procedures; revising specified
 1602         appropriations in the General Appropriations Act with
 1603         respect to the rates for the Title XIX Inpatient
 1604         Hospital Reimbursement Plan; providing an
 1605         appropriation for certain public hospitals; revising
 1606         an appropriation in the General Appropriations Act to
 1607         implement rates for the Title XIX Outpatient Hospital
 1608         Reimbursement Plan; requiring the Department of Health
 1609         to present a plan to the Legislative Budget Commission
 1610         which estimates the workload and funding needs to
 1611         implement the onsite sewage treatment and disposal
 1612         system evaluation program; authorizing the Department
 1613         of Corrections and the Department of Juvenile Justice
 1614         to make certain expenditures to defray costs incurred
 1615         by a municipality or county as a result of opening or
 1616         operating a facility under the authority of the
 1617         respective entity; amending s. 216.262, F.S.;
 1618         providing for additional positions to operate
 1619         additional prison bed capacity under certain
 1620         circumstances; authorizing the Department of Legal
 1621         Affairs to transfer certain funds to pay salaries and
 1622         benefits; authorizing the Department of Legal Affairs
 1623         to spend certain appropriated funds on programs that
 1624         were funded by the department from specific
 1625         appropriations in general appropriations acts in
 1626         previous years; amending s. 932.7055, F.S.;
 1627         authorizing a municipality to expend funds from its
 1628         special law enforcement trust fund to reimburse the
 1629         municipality’s general fund; requiring that the
 1630         Department of Juvenile Justice comply with specified
 1631         reimbursement limitations with respect to payments to
 1632         hospitals or health care providers for health care
 1633         services; authorizing certain payments pursuant to a
 1634         contracted rate only until the contract expires or is
 1635         renewed; defining the term “hospital” for purposes of
 1636         such limitations; relieving the state court system of
 1637         certain loan repayment obligations; amending s.
 1638         215.18, F.S.; providing for trust fund loans to the
 1639         state court system sufficient to meet its
 1640         appropriation; providing that any funds remaining in
 1641         the Clerks of the Courts Trust Fund remain available
 1642         to the clerks; amending s. 29.008, F.S.; providing
 1643         counties with an exemption from the requirement to
 1644         annually increase certain expenditures by a specified
 1645         percentage; amending s. 282.709, F.S.; allowing funds
 1646         from the State Agency Law Enforcement Radio System
 1647         Trust Fund to be used for mutual aid buildout
 1648         maintenance and sustainment; requiring the Florida
 1649         Catastrophic Storm Risk Management Center at Florida
 1650         State University to conduct an analysis using certain
 1651         data; requiring the Department of Management Services
 1652         to use certain interest earnings to fund the
 1653         administration of the MyFlorida.com portal; amending
 1654         s. 253.034, F.S.; authorizing the deposit of funds
 1655         derived from the sale of property by the Department of
 1656         Citrus into the Citrus Advertising Trust Fund;
 1657         amending s. 601.15, F.S.; specifying the maximum tax
 1658         rate for standard-packed boxes of citrus fruit;
 1659         providing for the future expiration of such amendment
 1660         and for the reversion of statutory text; amending s.
 1661         601.10, F.S.; providing for the executive director of
 1662         the Department of Citrus to be appointed by a majority
 1663         vote of the commission, subject to confirmation by the
 1664         Senate; providing for the future expiration of such
 1665         amendment and for the reversion of statutory text;
 1666         amending s. 375.041, F.S.; providing for the transfer
 1667         of moneys from the Land Acquisition Trust Fund to
 1668         support the Total Maximum Daily Loads programs;
 1669         amending s. 373.59, F.S.; providing for the allocation
 1670         of moneys from the Water Management Lands Trust Fund
 1671         for certain purposes; reenacting s. 403.1651(1)(g),
 1672         F.S., relating to the use of funds from the Ecosystem
 1673         Management and Restoration Trust Fund for the purpose
 1674         of funding activities to preserve and repair the
 1675         state’s beaches; providing for the future expiration
 1676         of certain amendments to such provision and for the
 1677         reversion of statutory text; amending s. 570.20, F.S.;
 1678         delaying the expiration of provisions authorizing the
 1679         Department of Agriculture and Consumer Services to use
 1680         funds from the General Inspection Trust Fund for
 1681         certain programs; amending s. 403.7095, F.S.;
 1682         requiring that the Department of Environmental
 1683         Protection award a specified amount in grants to
 1684         certain counties for solid waste programs; authorizing
 1685         the Department of Agriculture and Consumer Services to
 1686         extend, revise, and renew current contracts or
 1687         agreements created or entered into for the purpose of
 1688         promotion of agriculture; providing that the
 1689         disposition of state-owned lands is exempt from
 1690         appraisal requirements and disposition requirements
 1691         under certain circumstances; requiring state agencies
 1692         to provide a list of lands that are immediately
 1693         available for lease or are surplus lands; requiring
 1694         that the proceeds from the sale of such lands be
 1695         deposited into the Florida Forever Trust Fund;
 1696         amending s. 379.204, F.S.; authorizing the Fish and
 1697         Wildlife Conservation Commission to transfer funds to
 1698         the Federal Grants Trust Fund to support cash flow
 1699         needs; requiring the Fish and Wildlife Conservation
 1700         Commission to suspend publication of the Florida
 1701         Wildlife Magazine and the operations of the advisory
 1702         council for the 2011-2012 fiscal year; amending s.
 1703         339.135, F.S.; delaying the expiration of certain
 1704         provisions that permit the Department of
 1705         Transportation to reduce work program levels to
 1706         balance the finance plan to revised funding levels;
 1707         delaying the expiration of certain provisions relating
 1708         to the specifications of the department’s cash
 1709         balances before a project or phase may be deferred;
 1710         delaying the expiration of certain provisions relating
 1711         to the specifications of the department’s cash
 1712         balances before a project or phase may be deferred;
 1713         providing that certain reductions do not negatively
 1714         impact safety or maintenance or project contingency
 1715         percentage levels as of a specified date; providing
 1716         for use of transportation revenues; amending s.
 1717         339.08, F.S.; delaying the expiration of provisions
 1718         relating to the use of moneys in the State
 1719         Transportation Trust Fund for certain administrative
 1720         expenses; authorizing the transfer of funds from the
 1721         State Transportation Trust Fund to the State School
 1722         Trust Fund under certain circumstances; providing for
 1723         all vehicles within the Office of Motor Carrier
 1724         Compliance to be transferred to the Department of
 1725         Highway Safety and Motor Vehicles without the payment
 1726         of certain fees; amending s. 445.009, F.S.; providing
 1727         that a participant in an adult or youth work
 1728         experience activity under ch. 445, F.S., is an
 1729         employee of the state for purposes of workers’
 1730         compensation coverage; reenacting s. 163.3247(3)(d),
 1731         F.S., relating to members of the Century Commission
 1732         for a Sustainable Florida serving without
 1733         compensation; providing for the future expiration of
 1734         certain amendments to such provision and for the
 1735         reversion of statutory text; reenacting s.
 1736         201.15(1)(c), F.S., relating to funds deposited into
 1737         the Grants and Donations Trust Fund in the Department
 1738         of Community Affairs which are used to fund technical
 1739         assistance to local governments and school boards;
 1740         providing for the future expiration of certain
 1741         amendments to such provision and for the reversion of
 1742         statutory text; amending s. 206.608, F.S.; providing
 1743         for continued use of certain taxes deposited into the
 1744         State Transportation Trust Fund by the Department of
 1745         Transportation; prohibiting the transfer of funds from
 1746         the Highway Safety Operating Trust Fund to the
 1747         Transportation Disadvantaged Trust Fund; including
 1748         funding for passenger rail in the Transportation
 1749         Systems Development budget entity; providing that
 1750         certain sworn law enforcement positions in the Office
 1751         of Motor Carrier Compliance be placed in the career
 1752         service upon transfer to the Department of Highway
 1753         Safety and Motor Vehicles; providing for permanent
 1754         status upon the transfer of certain positions;
 1755         authorizing the Department of Transportation to use
 1756         funds from the Toll Facilities Revolving Trust Fund
 1757         for certain purposes; authorizing the Executive Office
 1758         of the Governor to transfer funds between departments
 1759         for purposes of aligning amounts paid for risk
 1760         management premiums and for purposes of aligning
 1761         amounts paid for human resource management services;
 1762         amending s. 110.123, F.S., relating to the state group
 1763         insurance program; providing that the state
 1764         contribution toward the cost of a plan is the
 1765         difference between the overall premium and the
 1766         employee contribution; amending s. 112.24, F.S.;
 1767         providing conditions on the assignment of an employee
 1768         of a state agency without reimbursement from the
 1769         receiving agency; providing that the annual salary of
 1770         the members of the Legislature be maintained at a
 1771         specified level; amending s. 27.710, F.S.; clarifying
 1772         certain duties of the executive director of the
 1773         Justice Administration Commission on Capital Cases;
 1774         providing for the future expiration of the amendment
 1775         to such provision and for the reversion of statutory
 1776         text; reenacting and amending s. 215.32(2)(b), F.S.,
 1777         relating to the source and use of certain trust funds
 1778         in order to implement the transfer of moneys in the
 1779         General Revenue Fund from trust funds in the 2011-2012
 1780         General Appropriations Act; providing for the future
 1781         expiration of certain amendments to such provision and
 1782         for the reversion of statutory text; reenacting and
 1783         amending s. 215.5601(4)(b), F.S., relating to the
 1784         administration of the Lawton Chiles Endowment Fund;
 1785         providing for the future expiration of certain
 1786         amendments to such provision and for the reversion of
 1787         statutory text; providing a legislative finding that
 1788         the issuance of new debt is in the best interests of
 1789         the state and necessary to address a critical state
 1790         emergency; limiting the use of travel funds to
 1791         activities that are critical to an agency’s mission;
 1792         providing exceptions; authorizing agencies scheduled
 1793         for data center consolidation to accelerate such
 1794         consolidation; authorizing the establishment of data
 1795         center positions in exchange for agency positions
 1796         placed in reserve; authorizing the Executive Office of
 1797         the Governor to transfer funds between agencies in
 1798         order to allocate a reduction relating to SUNCOM;
 1799         reenacting s. 110.12315(7)(a), F.S., relating to
 1800         copayments for the state employees’ prescription drug
 1801         program; providing for the future expiration of
 1802         certain amendments to such provision and for the
 1803         reversion of statutory text; directing the Department
 1804         of Management Services to use a tenant broker to
 1805         renegotiate certain leases and provide a report to the
 1806         Legislature; requiring the department to renegotiate
 1807         certain leases and report to the Legislature;
 1808         requiring the department to issue a solicitation for
 1809         the Minnesota Multistate Contracting Alliance for
 1810         Pharmacy agreement as a state term contract; requiring
 1811         the department to use generic drugs were feasible in
 1812         developing its preferred drug list; requiring the
 1813         Agency for Health Care Administration to reprocure the
 1814         Florida Discount Drug Card Program; providing
 1815         requirements for the program; providing that revenues
 1816         derived from the contract be deposited into the
 1817         agency’s Grants and Donations Trust Fund; amending s.
 1818         946.515, F.S.; requiring each state agency to submit a
 1819         report to the Legislature listing products or services
 1820         obtained from sources other than the prison industries
 1821         corporation; providing for the effect of a veto of one
 1822         or more specific appropriations or proviso to which
 1823         implementing language refers; providing for reversion
 1824         of statutory text of certain provisions; providing for
 1825         the continued operation of certain provisions
 1826         notwithstanding a future repeal or expiration provided
 1827         by the act; providing for severability; providing
 1828         effective dates.