Florida Senate - 2011                                    SB 2002
       
       
       
       By the Committee on Budget
       
       
       
       
       576-03531-11                                          20112002__
    1                        A bill to be entitled                      
    2         An act implementing the 2011-2012 General
    3         Appropriations Act; providing legislative intent;
    4         incorporating by reference certain calculations of the
    5         Florida Education Finance Program for the 2011-2012
    6         fiscal year; amending s. 216.292, F.S.; authorizing
    7         the transfer of funds between appropriation categories
    8         to fund fixed capital outlay projects for public
    9         schools upon certain approval; amending s. 394.908,
   10         F.S.; providing allocation requirements for specified
   11         funds appropriated for forensic mental health
   12         services; providing requirements relating to
   13         implementing phase 3 of the Department of Health’s
   14         Florida Onsite Sewage Nitrogen Reduction Strategies
   15         Study; requiring certain budget amendments
   16         recommending the release of funds to provide more
   17         notice and be subject to certain objection procedures;
   18         prohibiting an appropriation to pay for the lease of
   19         unneeded space due to reductions at the Department of
   20         Children and Family Services; authorizing the
   21         Department of Corrections and the Department of
   22         Juvenile Justice to make certain expenditures to
   23         defray costs incurred by a municipality or county as a
   24         result of opening or operating a facility under the
   25         authority of the respective entity; amending s.
   26         216.262, F.S.; providing for additional positions to
   27         operate additional prison bed capacity under certain
   28         circumstances; amending s. 945.025, F.S.; requiring
   29         the Department of Corrections to obtain certain
   30         approval before closing any correctional institution;
   31         authorizing the Department of Legal Affairs to
   32         transfer certain funds to pay salaries and benefits;
   33         authorizing the Department of Legal Affairs to spend
   34         certain appropriated funds on programs that were
   35         funded by the department from specific appropriations
   36         in general appropriations acts in previous years;
   37         amending s. 932.7055, F.S.; authorizing a municipality
   38         to expend funds from its special law enforcement trust
   39         fund to reimburse the municipality’s general fund;
   40         requiring that the Department of Juvenile Justice
   41         comply with specified reimbursement limitations with
   42         respect to payments to hospitals or health care
   43         providers for health care services; authorizing
   44         certain payments pursuant to a contracted rate only
   45         until the contract expires or is renewed; defining the
   46         term “hospital” for purposes of such limitations;
   47         amending s. 44.108, F.S.; authorizing use of moneys in
   48         the Mediation and Arbitration Trust Fund as specified
   49         in the General Appropriations Act; relieving the state
   50         court system of certain loan repayment obligations;
   51         authorizing the chief justice to request a loan under
   52         certain circumstances; creating the Judicial Caseload
   53         Incentive Plan; providing the purpose, performance
   54         goals, and financial awards of the program; requiring
   55         a report to the Legislature; amending s. 282.709,
   56         F.S.; allowing funds from the State Agency Law
   57         Enforcement Radio System Trust Fund to be used for
   58         mutual aid buildout maintenance and sustainment;
   59         requiring the Department of Management Services to
   60         issue a competitive solicitation for the Statewide Law
   61         Enforcement Radio System by a certain date and award
   62         the contract by a certain date; requiring the Florida
   63         Catastrophic Storm Risk Management Center at Florida
   64         State University to conduct an analysis using certain
   65         data; amending s. 253.034, F.S.; authorizing the
   66         deposit of funds derived from the sale of property by
   67         the Department of Citrus into the Citrus Advertising
   68         Trust Fund; amending s. 373.59, F.S.; providing for
   69         the allocation of moneys from the Water Management
   70         Lands Trust Fund for certain purposes; amending s.
   71         403.7095, F.S.; requiring that the Department of
   72         Environmental Protection award a specified amount in
   73         grants to certain counties for solid waste programs;
   74         authorizing the Department of Agriculture and Consumer
   75         Services to extend, revise, and renew current
   76         contracts or agreements created or entered into for
   77         the purpose of promotion of agriculture; providing
   78         that the disposition of state-owned lands is exempt
   79         from appraisal requirements and disposition
   80         requirements under certain circumstances; requiring
   81         state agencies to provide a list of lands that are
   82         immediately available for lease or are surplus lands;
   83         requiring that the proceeds from the sale of such
   84         lands be deposited into the Florida Forever Trust
   85         Fund; authorizing the transfer of funds and positions
   86         to implement the transfer of certain agencies and
   87         offices; amending s. 339.08, F.S.; delaying the
   88         expiration of provisions relating to the use of moneys
   89         in the State Transportation Trust Fund for certain
   90         administrative expenses; authorizing funds in the
   91         State Transportation Trust Fund to be used for the
   92         County Incentive Grant Program, the Small County
   93         Outreach Program, the Transportation Regional
   94         Incentive Program, and certain transportation project
   95         contracts; providing for all vehicles within the
   96         Office of Motor Carrier Compliance to be transferred
   97         to the Department of Highway Safety and Motor Vehicles
   98         without the payment of certain fees; amending s.
   99         445.009, F.S.; providing that a participant in an
  100         adult or youth work experience activity under ch. 445,
  101         F.S., is an employee of the state for purposes of
  102         workers’ compensation coverage; creating the Florida
  103         Base Realignment and Closure Task Force; specifying
  104         the mission of the task force; providing for
  105         membership; requiring a progress report and work plan;
  106         authorizing the Executive Office of the Governor to
  107         transfer funds between departments for purposes of
  108         aligning amounts paid for risk management premiums and
  109         for purposes of aligning amounts paid for human
  110         resource management services; amending s. 110.123,
  111         F.S.; providing that the state contribution toward the
  112         cost of a plan is the difference between the overall
  113         premium and the employee contribution; amending s.
  114         112.24, F.S.; providing conditions on the assignment
  115         of an employee of a state agency without reimbursement
  116         from the receiving agency; providing that the annual
  117         salary of the members of the Legislature be reduced by
  118         a specified percentage; reenacting and amending s.
  119         215.32(2)(b), F.S., relating to the source and use of
  120         certain trust funds in order to implement the transfer
  121         of moneys in the General Revenue Fund from trust funds
  122         in the 2011-2012 General Appropriations Act;
  123         reenacting and amending s. 215.5601(4)(b), F.S.,
  124         relating to the administration of the Lawton Chiles
  125         Endowment Fund; providing for the authorization and
  126         issuance of new debt; limiting the use of travel funds
  127         to activities that are critical to an agency’s
  128         mission; providing exceptions; authorizing agencies
  129         scheduled for data center consolidation to accelerate
  130         such consolidation; authorizing the establishment of
  131         data center positions in exchange for agency positions
  132         placed in reserve; authoring an agency to transfer
  133         funds in order to support its e-mail system until its
  134         system is transferred to the statewide service vendor;
  135         authorizing the Executive Office of the Governor to
  136         transfer funds between agencies in order to allocate a
  137         reduction relating to SUNCOM; authorizing the
  138         Executive Office of the Governor to transfer
  139         appropriations into categories for the purpose of
  140         tracking American Recovery and Reinvestment Act funds;
  141         amending s. 216.292, F.S.; authorizing the Executive
  142         Office of the Governor to recommend the initiation of
  143         fixed capital outlay projects funded through the
  144         American Recovery and Reinvestment Act of 2009;
  145         reenacting s. 110.12315(7)(a), F.S., relating to
  146         copayments for the state employees’ prescription drug
  147         program; directing the Department of Management
  148         Services to use a tenant broker to renegotiate all
  149         leases involving multiple state agency tenants;
  150         requiring a report to the Legislative Budget
  151         Commission; requiring the department to renegotiate
  152         certain leases in order to achieve a reduction in cost
  153         and provide a report to the Governor and Legislature
  154         on such activities by a certain date; requiring the
  155         department to issue a solicitation for the Minnesota
  156         Multistate Contracting Alliance for Pharmacy agreement
  157         as a state term contract; requiring the department to
  158         use generic drugs were feasible in developing its
  159         preferred drug list; requiring the Agency for Health
  160         Care Administration to reprocure the Florida Discount
  161         Drug Card Program; providing requirements for the
  162         program; providing that revenues derived from the
  163         contract be deposited into the agency’s Grants and
  164         Donations Trust Fund; providing for the effect of a
  165         veto of one or more specific appropriations or proviso
  166         to which implementing language refers; providing for
  167         reversion of statutory text of certain provisions;
  168         providing for the continued operation of certain
  169         provisions notwithstanding a future repeal or
  170         expiration provided by the act; providing for
  171         severability; providing effective dates.
  172  
  173  Be It Enacted by the Legislature of the State of Florida:
  174  
  175         Section 1. It is the intent of the Legislature that the
  176  implementing and administering provisions of this act apply to
  177  the General Appropriations Act for the 2011-2012 fiscal year.
  178         Section 2. In order to implement Specific Appropriations 6,
  179  7, 8, 68, and 69 of the 2011-2012 General Appropriations Act,
  180  the calculations of the Florida Education Finance Program for
  181  the 2011-2012 fiscal year in the document entitled “Public
  182  School Funding-The Florida Education Finance Program,” dated
  183  April 6, 2011, and filed with the Secretary of the Senate, are
  184  incorporated by reference for the purpose of displaying the
  185  calculations used by the Legislature, consistent with the
  186  requirements of the Florida Statutes, in making appropriations
  187  for the Florida Education Finance Program.
  188         Section 3. In order to implement Specific Appropriations
  189  15A and 15B of the 2011-2012 General Appropriations Act,
  190  paragraph (c) of subsection (3) of section 216.292, Florida
  191  Statutes, is amended to read:
  192         216.292 Appropriations nontransferable; exceptions.—
  193         (3) The following transfers are authorized with the
  194  approval of the Executive Office of the Governor for the
  195  executive branch or the Chief Justice for the judicial branch,
  196  subject to the notice and objection provisions of s. 216.177:
  197         (c) The transfer of appropriations for fixed capital outlay
  198  from the Survey Recommended Needs-Public Schools appropriation
  199  category to the Maintenance, Repair, Renovation and Remodeling
  200  appropriation category. The allocation of transferred funds must
  201  shall be in accordance with s. 1013.62 1013.64(1). This
  202  paragraph expires July 1, 2012 2011.
  203         Section 4. In order to implement Specific Appropriations
  204  310 through 339 of the 2011-2012 General Appropriations Act,
  205  paragraphs (b) and (c) of subsection (3) of section 394.908,
  206  Florida Statutes, are amended to read:
  207         394.908 Substance abuse and mental health funding equity;
  208  distribution of appropriations.—In recognition of the historical
  209  inequity in the funding of substance abuse and mental health
  210  services for the department’s districts and regions and to
  211  rectify this inequity and provide for equitable funding in the
  212  future throughout the state, the following funding process shall
  213  be used:
  214         (3)
  215         (b) Notwithstanding paragraph (a) and for the 2011-2012
  216  2010-2011 fiscal year only, funds appropriated for forensic
  217  mental health treatment services shall be allocated to the areas
  218  of the state having the greatest demand for services and
  219  treatment capacity. This paragraph expires July 1, 2012 2011.
  220         (c) Notwithstanding paragraph (a) and for the 2011-2012
  221  2010-2011 fiscal year only, additional funds appropriated for
  222  substance abuse and mental health services from funds available
  223  through the Community-Based Medicaid Administrative Claiming
  224  Program shall be allocated as provided in the 2010-2011 General
  225  Appropriations Act and in proportion to contributed provider
  226  earnings. This paragraph expires July 1, 2012 2011.
  227         Section 5. In order to implement Specific Appropriation 465
  228  of the 2011-2012 General Appropriations Act, and for the 2011
  229  2012 fiscal year only, the following requirements govern Phase 3
  230  of the Department of Health’s Florida Onsite Sewage Nitrogen
  231  Reduction Strategies Study:
  232         (1) The Department of Health’s underlying contract for the
  233  study remains in full force and effect and funding for Phase 3
  234  is through the Department of Health.
  235         (2) The Department of Health, the Department of Health’s
  236  Research Review and Advisory Committee, and the Department of
  237  Environmental Protection shall work together to provide the
  238  necessary technical oversight of Phase 3.
  239         (3) Management and oversight of Phase 3 must be consistent
  240  with the terms of the existing contract. However, the main focus
  241  and priority to be completed during Phase 3 shall be developing,
  242  testing, and recommending cost-effective passive technology
  243  design criteria for nitrogen reduction.
  244         (4) The systems installed at homesites are experimental in
  245  nature and shall be installed with significant field testing and
  246  monitoring. The Department of Health is specifically authorized
  247  to allow installation of these experimental systems.
  248  Notwithstanding any other law, before Phase 3 of the study is
  249  completed, a state agency may not adopt or implement a rule or
  250  policy that:
  251         (a) Mandates, establishes, or implements more restrictive
  252  nitrogen-reduction standards to existing or new onsite sewage
  253  treatment systems or modification of such systems; or
  254         (b) Directly or indirectly requires the use of performance
  255  based treatment systems or similar technology if the Department
  256  of Environmental Protection’s administrative orders recognizing
  257  onsite system modifications, developed through a basin
  258  management action plan adopted pursuant to s. 403.067, Florida
  259  Statutes, are not subject to the restrictions if the
  260  implementation of onsite system modifications is to be phased in
  261  after completion of Phase 3.
  262         Section 6. In order to implement Specific Appropriation 536
  263  of the 2011-2012 General Appropriations Act, notwithstanding s.
  264  216.177, Florida Statutes, requiring only 3 days’ notice to the
  265  Legislature for the release of funds, budget amendments
  266  recommending the release of funds shall be provided at least 14
  267  days before the effective date of the action and are subject to
  268  the objection procedures in s. 216.177(2)(b), Florida Statutes.
  269         Section 7. Funds in Specific Appropriations 259 through
  270  357, may not be used to pay for any leased space identified in
  271  writing by the Secretary of Children and Family Services as no
  272  longer needed due to reductions in authorized department
  273  functions and positions. The department shall provide affected
  274  landlords at least 6 months’ notification of lease termination.
  275  In the event of termination, the department may negotiate a
  276  lease for less space at the same location.
  277         Section 8. In order to fulfill legislative intent regarding
  278  the use of funds contained in Specific Appropriations 605, 616,
  279  628 and 1135 of the 2011-2012 General Appropriations Act, the
  280  Department of Corrections and the Department of Juvenile Justice
  281  may expend appropriated funds to assist in defraying costs that
  282  are incurred by a municipality or county and are associated with
  283  opening or operating a facility under the authority of the
  284  respective department. The amount paid for any facility may not
  285  exceed 1 percent of the cost to construct the facility, less
  286  building impact fees imposed by the municipality or county. This
  287  section expires July 1, 2012.
  288         Section 9. In order to implement Specific Appropriations
  289  570 through 688A and 726 through 759 of the 2011-2012 General
  290  Appropriations Act, subsection (4) of section 216.262, Florida
  291  Statutes, is amended to read:
  292         216.262 Authorized positions.—
  293         (4) Notwithstanding the provisions of this chapter relating
  294  to on increasing the number of authorized positions, and for the
  295  2011-2012 2010-2011 fiscal year only, if the actual inmate
  296  population of the Department of Corrections exceeds the inmate
  297  population projections of the February 21, 2011 19, 2010,
  298  Criminal Justice Estimating Conference by 1 percent for 2
  299  consecutive months or 2 percent for any month, the Executive
  300  Office of the Governor, with the approval of the Legislative
  301  Budget Commission, shall immediately notify the Criminal Justice
  302  Estimating Conference, which shall convene as soon as possible
  303  to revise the estimates. The Department of Corrections may then
  304  submit a budget amendment requesting the establishment of
  305  positions in excess of the number authorized by the Legislature
  306  and additional appropriations from unallocated general revenue
  307  sufficient to provide for essential staff, fixed capital
  308  improvements, and other resources to provide classification,
  309  security, food services, health services, and other variable
  310  expenses within the institutions to accommodate the estimated
  311  increase in the inmate population. All actions taken pursuant to
  312  the authority granted in this subsection are shall be subject to
  313  review and approval by the Legislative Budget Commission. This
  314  subsection expires July 1, 2012 2011.
  315         Section 10. In order to implement Specific Appropriations
  316  570 through 759, subsection (5) is added to section 945.025,
  317  Florida Statutes, to read:
  318         945.025 Jurisdiction of department.—
  319         (5) The department must receive prior approval from the
  320  Governor’s Office of Policy and Budget and the Legislative
  321  Budget Commission before closing, substantially reducing the use
  322  of, or changing the purpose of any state correctional
  323  institution as defined in s. 944.02. This subsection expires
  324  July 1, 2012.
  325         Section 11. In order to implement Specific Appropriations
  326  1253, 1267, 1274, 1295, and 1305 of the 2011-2012 General
  327  Appropriations Act, the Department of Legal Affairs may transfer
  328  cash remaining after required disbursements for Attorney General
  329  case numbers 09-CV-51614, 16-2008-CA-01-3142CV-C, and
  330  CACE08022328 from FLAIR account 41-74-2-601001-41100100-00
  331  181076-00 to the Operating Trust Fund to pay salaries and
  332  benefits. This section expires July 1, 2012.
  333         Section 12. In order to implement Specific Appropriation
  334  1290 of the 2011-2012 General Appropriations Act, the Department
  335  of Legal Affairs may expend appropriated funds in those specific
  336  appropriations on the same programs that were funded by the
  337  department pursuant to specific appropriations made in general
  338  appropriations acts in prior years. This section expires July 1,
  339  2012.
  340         Section 13. In order to implement Specific Appropriations
  341  1192 and 1198 of the 2011-2012 General Appropriations Act,
  342  paragraph (d) of subsection (4) of section 932.7055, Florida
  343  Statutes, is amended to read:
  344         932.7055 Disposition of liens and forfeited property.—
  345         (4) The proceeds from the sale of forfeited property shall
  346  be disbursed in the following priority:
  347         (d) Notwithstanding any other provision of this subsection,
  348  and for the 2011-2012 2010-2011 fiscal year only, the funds in a
  349  special law enforcement trust fund established by the governing
  350  body of a municipality may be expended to reimburse the general
  351  fund of the municipality for moneys advanced from the general
  352  fund to the special law enforcement trust fund before prior to
  353  October 1, 2001. This paragraph expires July 1, 2012 2011.
  354         Section 14. (1) In order to implement Specific
  355  Appropriations 1069, 1070, 1074, 1075, 1115, 1116, 1120, 1121,
  356  1126, 1127, 1130, 1131, 1132, 1141, and 1146 of the 2011-2012
  357  General Appropriations Act, the Department of Juvenile Justice
  358  must comply with the following reimbursement limitations:
  359         (a) Payments to a hospital or a health care provider may
  360  not exceed 110 percent of the Medicare allowable rate for any
  361  health care services provided if no contract exists between the
  362  department and the hospital or the health care provider
  363  providing services at a hospital;
  364         (b) The department may continue to make payments for health
  365  care services at the currently contracted rates through the
  366  current term of the contract if a contract has been executed
  367  between the department and a hospital or a health care provider
  368  providing services to a hospital; however, payments may not
  369  exceed 110 percent of the Medicare allowable rate after the
  370  current term of the contract expires or after the contract is
  371  renewed during the 2011-2012 fiscal year;
  372         (c) Payments may not exceed 110 percent of the Medicare
  373  allowable rate under a contract executed on or after July 1,
  374  2011, between the department and a hospital or health care
  375  provider providing services at a hospital;
  376         (d) Notwithstanding paragraphs (a), (b), and (c), the
  377  department may pay up to 125 percent of the Medicare allowable
  378  rate for health care services at a hospital that reports or has
  379  reported a negative operating margin for the previous fiscal
  380  year to the Agency for Health Care Administration through
  381  hospital-audited financial data; and
  382         (e) The department may not execute a contract for health
  383  care services at a hospital for rates other than rates based on
  384  a percentage of the Medicare allowable rate.
  385         (2) For purposes of this section, the term “hospital” means
  386  a hospital licensed under chapter 395, Florida Statutes.
  387         (3) This section expires July 1, 2012.
  388         Section 15. In order to implement section 7 of the 2011
  389  2012 General Appropriations Act, subsection (3) of section
  390  44.108, Florida Statutes, is amended to read:
  391         44.108 Funding of mediation and arbitration.—
  392         (3) For the 2011-2012 2010-2011 fiscal year only and
  393  notwithstanding any other provision of law to the contrary,
  394  moneys in the Mediation and Arbitration Trust Fund may be used
  395  as specified in the General Appropriations Act. This subsection
  396  expires July 1, 2012 2011.
  397         Section 16. In order to implement section 7 of the 2011
  398  2012 General Appropriations Act, and notwithstanding s. 215.18,
  399  Florida Statutes, the state court system is relieved of loan
  400  repayment obligations for loans made from the Mediation and
  401  Arbitration Trust Fund and the Court Education Trust Fund to the
  402  state court system during the 2010-2011 fiscal year. This
  403  section is effective upon this act becoming a law.
  404         Section 17. In order to implement section 7 of the 2011
  405  2012 General Appropriations Act, the Chief Justice of the
  406  Supreme Court may request a loan of funds pursuant to s. 215.18,
  407  Florida Statutes, notwithstanding the trust fund’s ability to
  408  repay the loan by the end of the fiscal year, if, at any time
  409  during the 2011-2012 fiscal year, the Revenue Estimating
  410  Conference projects that revenue deposited into the State Courts
  411  Revenue Trust Fund, less payment of the general revenue service
  412  charge, will be less than 98 percent of the amount appropriated
  413  from the trust fund in the General Appropriations Act for the
  414  2011-2012 fiscal year.
  415         Section 18. In order to implement Specific Appropriation
  416  2989A of the 2011-2012 General Appropriations Act, the Judicial
  417  Caseload Incentive Plan is established.
  418         (1) PURPOSE.—There is created the Judicial Caseload
  419  Incentive Plan, the purpose of which is to resolve civil
  420  disputes in a timely manner and to reduce legal costs in the
  421  state courts system by allowing judges within each judicial
  422  circuit who meet the established performance goals to earn a
  423  nonrecurring award.
  424         (2)PERFORMANCE GOALS.—The Legislature shall prescribe
  425  annual performance goals in the General Appropriations Act for
  426  specified case types in each judicial circuit. The Office of the
  427  State Courts Administrator shall calculate the performance of a
  428  circuit toward meeting its performance goal using data collected
  429  from the clerks of court. The office shall divide the annual
  430  performance goals into equal quarterly goals.
  431         (3)AWARDS.—
  432         (a)Based on data collected from the clerks of court, the
  433  Office of the State Courts Administrator shall collect data to
  434  determine if a circuit meets the performance goals for a
  435  quarter. The office shall evaluate performance relating to each
  436  goal separately, but may not consider performance data from
  437  prior quarters.
  438         (b) If the office determines that a circuit meets all of
  439  the performance goals for a quarter, each judge assigned the
  440  types of cases specified in the General Appropriations Act as
  441  part of the Judicial Caseload Incentive Plan shall receive an
  442  award for that quarter equal to $3,000.
  443         1. The office shall prorate the award of a judge who takes
  444  office during the quarter that the circuit meets its quarterly
  445  goals or who transfers into or out of the relevant divisions
  446  handling the types of cases specified in the Judicial Caseload
  447  Incentive Plan.
  448         2. A judge may not receive more than one full award per
  449  quarter.
  450         3. An award under this section is contingent upon the
  451  appropriation of, and shall be paid from, funds in the General
  452  Appropriations Act.
  453         (4)REPORTS.—Within 30 days after the end of each quarter,
  454  the Office of the State Courts Administrator shall report
  455  electronically to the chairs of the appropriations committees of
  456  the Senate and the House of Representatives the progress of each
  457  circuit in meeting performance goals for the quarter and the
  458  number and amount of awards provided.
  459         (5) EXPIRATION.—This section expires July 1, 2012.
  460         Section 19. In order to implement Specific Appropriation
  461  2701A of the 2011-2012 General Appropriation Act, subsection (3)
  462  of section 282.709, Florida Statutes, is amended to read:
  463         282.709 State agency law enforcement radio system and
  464  interoperability network.—
  465         (3)(a) The State Agency Law Enforcement Radio System Trust
  466  Fund is established in the department and funded from surcharges
  467  collected under ss. 318.18, 320.0802, and 328.72. Upon
  468  appropriation, moneys in the trust fund may be used by the
  469  department to acquire by competitive procurement the equipment,
  470  software, and engineering, administrative, and maintenance
  471  services it needs to construct, operate, and maintain the
  472  statewide radio system. Moneys in the trust fund from collected
  473  as a result of the surcharges set forth in ss. 318.18, 320.0802,
  474  and 328.72 shall be used to help fund the costs of the system.
  475  Upon completion of the system, moneys in the trust fund may also
  476  be used by the department for payment of the recurring
  477  maintenance costs of the system.
  478         (b) Funds from the State Agency Law Enforcement Radio
  479  System Trust Fund may be used by the department to fund mutual
  480  aid buildout maintenance and sustainment as appropriated by law.
  481  This paragraph expires July 1, 2012.
  482         Section 20. In order to implement Specific Appropriation
  483  2704 of the 2011-2012 General Appropriations Act, and
  484  notwithstanding chapter 287, Florida Statutes, the Department of
  485  Management Services shall issue a competitive solicitation for
  486  the operation of the Statewide Law Enforcement Radio System by
  487  September 1, 2011, to be awarded by December 31, 2011. The
  488  current contract for the system shall become null and void no
  489  later than June 30, 2012. This section expires July 1, 2012.
  490         Section 21. In order to implement specific appropriation
  491  2341A of the 2011-2012 General Appropriations Act, the Florida
  492  Catastrophic Storm Risk Management Center at Florida State
  493  University shall conduct the analysis as originally required in
  494  s. 164 of chapter 2004-390, Laws of Florida. Notwithstanding
  495  that section, the center shall use the most recent and available
  496  premium data for personal lines property and casualty insurance
  497  in completing the analysis.
  498         Section 22. In order to implement Specific Appropriations
  499  2173 through 2195 of the 2011-2012 General Appropriations Act,
  500  subsection (13) of section 253.034, Florida Statutes, as amended
  501  by chapter 2010-280, Laws of Florida, is amended to read:
  502         253.034 State-owned lands; uses.—
  503         (13) Notwithstanding the provisions of this section, funds
  504  derived from the sale of the Department of Citrus’ property
  505  located in Lakeland, Florida, shall are authorized to be
  506  deposited into the Citrus Advertising Trust Fund. This
  507  subsection expires July 1, 2012 2011.
  508         Section 23. In order to implement Specific Appropriation
  509  1580A of the 2011-2012 General Appropriations Act, subsection
  510  (12) of section 373.59, Florida Statutes, is amended to read:
  511         373.59 Water Management Lands Trust Fund.—
  512         (12) Notwithstanding subsection (8), and for the 2011-2012
  513  2010-2011 fiscal year only, the moneys from the Water Management
  514  Lands Trust Fund are shall be allocated as follows:
  515         (a) An amount necessary to pay debt service on bonds issued
  516  before February 1, 2009, by the South Florida Water Management
  517  District and the St. Johns River Water Management District,
  518  which are secured by revenues provided pursuant to this section,
  519  or to fund debt service reserve funds, rebate obligations, or
  520  other amounts payable with respect to such bonds;
  521         (b) Eight million dollars to be transferred to the General
  522  Revenue Fund; and
  523         (c) The remaining funds to be distributed to equally
  524  between the Suwannee River Water Management District. and the
  525  Northwest Florida Water Management District; and
  526         (d) For the 2010-2011 fiscal year only, the sum of $50,000
  527  from the Water Management Lands Trust Fund shall be transferred
  528  to the General Inspection Trust Fund in the Department of
  529  Agriculture and Consumer Services for the soil and water
  530  conservation districts for support services.
  531  
  532  This subsection expires July 1, 2012 2011.
  533         Section 24. In order to implement Specific Appropriation
  534  1703A of the 2011-2012 General Appropriations Act, subsection
  535  (5) of section 403.7095, Florida Statutes, is amended to read:
  536         403.7095 Solid waste management grant program.—
  537         (5) Notwithstanding any other provision of this section to
  538  the contrary, and for the 2011-2012 2010-2011 fiscal year only,
  539  the Department of Environmental Protection shall award the sum
  540  of $2,400,000 in grants equally to counties having populations
  541  of fewer than 100,000 for waste tire and litter prevention,
  542  recycling education, and general solid waste programs. This
  543  subsection expires July 1, 2012 2011.
  544         Section 25. In order to implement Specific Appropriation
  545  1430 of the 2011-2012 General Appropriations Act and to provide
  546  consistency and continuity in the promotion of agriculture
  547  throughout the state, notwithstanding s. 287.057, Florida
  548  Statutes, the Department of Agriculture and Consumer Services
  549  may extend, revise, and renew current contracts or agreements
  550  created or entered into pursuant to chapter 2006-25, Laws of
  551  Florida. This section expires July 1, 2012.
  552         Section 26. In order to implement Specific Appropriation
  553  1578A of the 2011-2012 General Appropriations Act, and
  554  notwithstanding ss. 253.034, 253.0341, and 259.041, Florida
  555  Statutes, the disposition of state-owned lands is exempt from
  556  appraisal requirements under s. 253.034(6)(g)1., Florida
  557  Statutes, and disposition requirements under s. 253.034(15),
  558  Florida Statutes, if the proceeds of such conveyance will be
  559  used to purchase state-owned lands for preservation,
  560  conservation, or recreation purposes. On or before October 1,
  561  2011, all agencies shall submit a list of state-owned lands to
  562  the Board of Trustees of the Internal Improvement Trust Fund, to
  563  which the lands are titled, which are immediately available for
  564  lease or are surplus lands. Proceeds from the sale of such lands
  565  shall be deposited into the Florida Forever Trust Fund created
  566  by s. 259.1051, Florida Statutes, and used to acquire lands for
  567  preservation, conservation, or recreation purposes pursuant to
  568  the requirements of s. 259.105, Florida Statutes. The board of
  569  trustees shall ensure that, where appropriate, surplus or leased
  570  conservation lands are subject to perpetual conservation
  571  easements or other such restrictive covenants that run with the
  572  land and are duly recorded in the same manner as any other
  573  instrument affecting title to real property. This section
  574  expires July 1, 2012.
  575         Section 27. Notwithstanding ss. 216.292 and 216.351,
  576  Florida Statutes, upon approval by the Legislative Budget
  577  Commission, the Executive Office of the Governor may, if
  578  necessary, transfer funds and positions among agencies to
  579  implement the transfer of all or portions of the Department of
  580  Community Affairs, the Agency for Workforce Innovation, the
  581  Department of Education, and the Office of Tourism, Trade, and
  582  Economic Development to the Department of Jobs Florida; the
  583  Department of Community Affairs to the Department of
  584  Environmental Protection or the Department of Business and
  585  Professional Regulation; the Agency for Workforce Innovation to
  586  the Department of Education; and the Office of Motor Carrier
  587  Compliance within the Department of Transportation to the
  588  Department of Highway Safety and Motor Vehicles.
  589         Section 28. In order to implement section 99 of the 2011
  590  2012 General Appropriations Act, paragraph (n) of subsection (1)
  591  of section 339.08, Florida Statutes, is amended to read:
  592         339.08 Use of moneys in State Transportation Trust Fund.—
  593         (1) The department shall expend moneys in the State
  594  Transportation Trust Fund accruing to the department, in
  595  accordance with its annual budget. The use of such moneys shall
  596  be restricted to the following purposes:
  597         (n) To pay administrative expenses incurred in accordance
  598  with applicable laws for a multicounty transportation or
  599  expressway authority created under chapter 343 or chapter 348
  600  if, where jurisdiction for the authority includes a portion of
  601  the State Highway System and the administrative expenses are in
  602  furtherance of the duties and responsibilities of the authority
  603  in the development of improvements to the State Highway System.
  604  This paragraph expires July 1, 2012 2011.
  605         Section 29. In order to implement Specific Appropriation
  606  1938E of the 2011-2012 General Appropriations Act, and
  607  notwithstanding any other law, for the 2011-2012 fiscal year,
  608  $80,007,529 from the State Transportation Trust Fund shall be
  609  used for the County Incentive Grant Program created under s.
  610  339.2817, Florida Statutes. This section expires July 1, 2012.
  611         Section 30. In order to implement Specific Appropriation
  612  1938C of the 2011-2012 General Appropriations Act, and
  613  notwithstanding any other law, for the 2011-2012 fiscal year,
  614  $42,410,085 from the State Transportation Trust Fund shall be
  615  used for the Small County Outreach Program created under s.
  616  339.2818, Florida Statutes. This section expires July 1, 2012.
  617         Section 31. In order to implement Specific Appropriation
  618  1938I of the 2011-2012 General Appropriations Act, and
  619  notwithstanding any other law, for the 2011-2012 fiscal year,
  620  $72,242,353 from the State Transportation Trust Fund shall be
  621  used for the Transportation Regional Incentive Program created
  622  under s. 339.2819, Florida Statutes. This section expires July
  623  1, 2012.
  624         Section 32. In order to implement Specific Appropriation
  625  1938S of the 2011-2012 General Appropriations Act, and
  626  notwithstanding any other law, for the 2011-2012 fiscal year,
  627  $19,000,000 from the State Transportation Trust Fund shall be
  628  used for contracts for transportation projects under s.
  629  339.2821, Florida Statutes, as created by SB 7198. This section
  630  expires July 1, 2012.
  631         Section 33. Notwithstanding chapters 319 and 320, Florida
  632  Statutes, the ownership of all vehicles currently used by the
  633  Office of Motor Carrier Compliance within the Department of
  634  Transportation shall be transferred to the Department of Highway
  635  Safety and Motor Vehicles effective July 1, 2011, without
  636  payment of any titling or registration fees.
  637         Section 34. In order to implement Specific Appropriation
  638  2535BW of the 2011-2012 General Appropriations Act, subsection
  639  (11) of section 445.009, Florida Statutes, is amended to read:
  640         445.009 One-stop delivery system.—
  641         (11)(a) A participant in an adult or youth work experience
  642  activity administered under this chapter is shall be deemed an
  643  employee of the state for purposes of workers’ compensation
  644  coverage. In determining the average weekly wage, all
  645  remuneration received from the employer is shall be considered a
  646  gratuity, and the participant is shall not be entitled to any
  647  benefits otherwise payable under s. 440.15, regardless of
  648  whether the participant may be receiving wages and remuneration
  649  from other employment with another employer and regardless of
  650  his or her future wage-earning capacity.
  651         (b) This subsection expires July 1, 2012 2011.
  652         Section 35. In order to implement Specific Appropriation
  653  2535AH, the Florida Base Realignment and Closure Task Force is
  654  created. The mission of the task force is to make
  655  recommendations to prepare the state to effectively compete in
  656  any federal base realignment and closure action, to support the
  657  state’s position in research and development related to or
  658  arising out of military missions and contracting, and to improve
  659  the state’s military-friendly environment for serving members,
  660  military dependents, and military retirees and for businesses
  661  that bring military and base-related jobs to the state. The task
  662  force shall be comprised of the Governor or a designee, who
  663  shall be chair of the commission, the President of the Senate
  664  and Speaker of the House of Representatives, or their designees,
  665  who shall be vice chairs, and 10 members appointed as follows:
  666  four members appointed by the Governor, three members appointed
  667  by the President of the Senate, and three members appointed by
  668  the Speaker of the House of Representatives. The Commissioner of
  669  Jobs Florida or a designee shall be the ex officio, nonvoting
  670  executive director of the task force. Appointed members must
  671  represent defense-related industries and communities that host
  672  military bases and installations. All appointments must be made
  673  by August 15, 2011, and the Governor or a designee shall
  674  schedule and conduct the first meeting of the task force by
  675  October 1, 2011. The task force shall submit a progress report
  676  and work plan for the remainder of the 2011-2012 fiscal year to
  677  the Governor, the President of the Senate, and the Speaker of
  678  the House of Representatives by February 1, 2012. Funding for
  679  the task force shall be as provided in the General
  680  Appropriations Act. This section expires July 1, 2012.
  681         Section 36. In order to implement the appropriation of
  682  funds in appropriation category “Special Categories-Risk
  683  Management Insurance” in the 2011-2012 General Appropriations
  684  Act, and pursuant to the notice, review, and objection
  685  procedures of s. 216.177, Florida Statutes, the Executive Office
  686  of the Governor may transfer funds appropriated in that category
  687  between departments in order to align the budget authority
  688  granted with the premiums paid by each department for risk
  689  management insurance. This section expires July 1, 2012.
  690         Section 37. In order to implement the appropriation of
  691  funds in the appropriation category “Special Categories-Transfer
  692  to Department of Management Services-Human Resources Services
  693  Purchased Per Statewide Contract” in the 2011-2012 General
  694  Appropriations Act,” and pursuant to the notice, review, and
  695  objection procedures of s. 216.177, Florida Statutes, the
  696  Executive Office of the Governor may transfer funds appropriated
  697  in that category between departments in order to align the
  698  budget authority granted with the assessments that must be paid
  699  by each agency to the Department of Management Services for
  700  human resource management services. This section expires July 1,
  701  2012.
  702         Section 38. In order to implement section 8 of the 2011
  703  2012 General Appropriations Act, paragraph (j) of subsection (3)
  704  of section 110.123, Florida Statutes, is amended to read:
  705         110.123 State group insurance program.—
  706         (3) STATE GROUP INSURANCE PROGRAM.—
  707         (j) Notwithstanding the provisions of paragraph (f)
  708  requiring uniform contributions, and for the 2011-2012 2010-2011
  709  fiscal year only, the state contribution toward the cost of any
  710  plan in the state group insurance plan is shall be the
  711  difference between the overall premium and the employee
  712  contribution. This subsection expires June 30, 2012 2011.
  713         Section 39. In order to implement specific appropriations
  714  for salaries and benefits in the 2011-2012 General
  715  Appropriations Act, paragraph (b) of subsection (3) of section
  716  112.24, Florida Statutes, is amended to read:
  717         112.24 Intergovernmental interchange of public employees.
  718  To encourage economical and effective utilization of public
  719  employees in this state, the temporary assignment of employees
  720  among agencies of government, both state and local, and
  721  including school districts and public institutions of higher
  722  education is authorized under terms and conditions set forth in
  723  this section. State agencies, municipalities, and political
  724  subdivisions are authorized to enter into employee interchange
  725  agreements with other state agencies, the Federal Government,
  726  another state, a municipality, or a political subdivision
  727  including a school district, or with a public institution of
  728  higher education. State agencies are also authorized to enter
  729  into employee interchange agreements with private institutions
  730  of higher education and other nonprofit organizations under the
  731  terms and conditions provided in this section. In addition, the
  732  Governor or the Governor and Cabinet may enter into employee
  733  interchange agreements with a state agency, the Federal
  734  Government, another state, a municipality, or a political
  735  subdivision including a school district, or with a public
  736  institution of higher learning to fill, subject to the
  737  requirements of chapter 20, appointive offices which are within
  738  the executive branch of government and which are filled by
  739  appointment by the Governor or the Governor and Cabinet. Under
  740  no circumstances shall employee interchange agreements be
  741  utilized for the purpose of assigning individuals to participate
  742  in political campaigns. Duties and responsibilities of
  743  interchange employees shall be limited to the mission and goals
  744  of the agencies of government.
  745         (3) Salary, leave, travel and transportation, and
  746  reimbursements for an employee of a sending party that is
  747  participating in an interchange program shall be handled as
  748  follows:
  749         (b)1. The assignment of an employee of a state agency
  750  either on detail or on leave of absence may be made without
  751  reimbursement by the receiving party for the travel and
  752  transportation expenses to or from the place of the assignment
  753  or for the pay and benefits, or a part thereof, of the employee
  754  during the assignment.
  755         2. For the 2011-2012 2010-2011 fiscal year only, the
  756  assignment of an employee of a state agency as provided in
  757  subparagraph 1. may be made if recommended by the Governor or
  758  Chief Justice, as appropriate, and approved by the chairs of the
  759  legislative appropriations committees Senate Policy and Steering
  760  Committee on Ways and Means and the House Full appropriations
  761  Council on Education and Economic Development. Such actions
  762  shall be deemed approved if neither chair provides written
  763  notice of objection within 14 days after the chair’s receiving
  764  notice of the action pursuant to s. 216.177. This subparagraph
  765  expires July 1, 2012 2011.
  766         Section 40. In order to implement Specific Appropriations
  767  2536 and 2537 of the 2011-2012 General Appropriations Act:
  768         (1) Notwithstanding s. 11.13(1), Florida Statutes, relating
  769  to the annual adjustment of salaries for members of the
  770  Legislature, for the 2011-2012 fiscal year only, the authorized
  771  salaries of members of the Legislature in effect on June 30,
  772  2010, are reduced by 7 percent.
  773         (2) Effective June 30, 2012, the annual salaries of members
  774  of the Legislature shall be set at the amounts authorized and in
  775  effect on June 30, 2010, pursuant to subsection (2) of section
  776  48 of chapter 2009-82, Laws of Florida.
  777         (3) This section expires July 1, 2012.
  778         Section 41. In order to implement the transfer of moneys to
  779  the General Revenue Fund from trust funds in the 2011-2012
  780  General Appropriations Act, paragraph (b) of subsection (2) of
  781  section 215.32, Florida Statutes, is reenacted and amended to
  782  read:
  783         215.32 State funds; segregation.—
  784         (2) The source and use of each of these funds shall be as
  785  follows:
  786         (b)1. The trust funds shall consist of moneys received by
  787  the state, which under law or under trust agreement are
  788  segregated for a purpose authorized by law. The state agency or
  789  branch of state government receiving or collecting such moneys
  790  is shall be responsible for their proper expenditure as provided
  791  by law.
  792         1. Upon the request of the state agency or branch of state
  793  government responsible for the administration of the trust fund,
  794  the Chief Financial Officer may establish accounts within the
  795  trust fund at a level considered necessary for proper
  796  accountability. Once an account is established within a trust
  797  fund, the Chief Financial Officer may authorize payment from
  798  that account only upon determining that there is sufficient cash
  799  and releases at the level of the account.
  800         2. In addition to other trust funds created by law, to the
  801  extent possible, each agency shall use the following trust funds
  802  as described in this subparagraph for day-to-day operations:
  803         a. Operations or operating trust fund, for use as a
  804  depository for funds to be used for program operations funded by
  805  program revenues, with the exception of administrative
  806  activities if when the operations or operating trust fund is a
  807  proprietary fund.
  808         b. Operations and maintenance trust fund, for use as a
  809  depository for client services funded by third-party payors.
  810         c. Administrative trust fund, for use as a depository for
  811  funds to be used for management activities that are departmental
  812  in nature and funded by indirect cost earnings and assessments
  813  against trust funds. Proprietary funds are excluded from the
  814  requirement of using an administrative trust fund.
  815         d. Grants and donations trust fund, for use as a depository
  816  for funds to be used for allowable grant or donor agreement
  817  activities funded by restricted contractual revenue from private
  818  and public nonfederal sources.
  819         e. Agency working capital trust fund, for use as a
  820  depository for funds to be used pursuant to s. 216.272.
  821         f. Clearing funds trust fund, for use as a depository for
  822  funds to account for collections pending distribution to lawful
  823  recipients.
  824         g. Federal grant trust fund, for use as a depository for
  825  funds to be used for allowable grant activities funded by
  826  restricted program revenues from federal sources.
  827  
  828  To the extent possible, each agency must adjust its internal
  829  accounting to use existing trust funds in accordance consistent
  830  with the requirements of this subparagraph. If an agency does
  831  not have trust funds listed in this subparagraph and cannot make
  832  such adjustment, the agency must recommend the creation of the
  833  necessary trust funds to the Legislature by the time of no later
  834  than the next scheduled review of the agency’s trust funds
  835  pursuant to s. 215.3206.
  836         3. All such moneys are hereby appropriated to be expended
  837  in accordance with the law or trust agreement under which they
  838  were received, subject always to the provisions of chapter 216
  839  relating to the appropriation of funds and to the applicable
  840  laws relating to the deposit or expenditure of moneys in the
  841  State Treasury.
  842         4.a. Notwithstanding any provision of law restricting the
  843  use of trust funds to specific purposes, unappropriated cash
  844  balances from selected trust funds may be authorized by the
  845  Legislature for transfer to the Budget Stabilization Fund and
  846  General Revenue Fund in the General Appropriations Act.
  847         b. This subparagraph does not apply to trust funds required
  848  by federal programs or mandates; trust funds established for
  849  bond covenants, indentures, or resolutions whose revenues are
  850  legally pledged by the state or public body to meet debt service
  851  or other financial requirements of any debt obligations of the
  852  state or any public body; the Division of Licensing Trust Fund
  853  in the Department of Agriculture and Consumer Services; the
  854  State Transportation Trust Fund; the trust fund containing the
  855  net annual proceeds from the Florida Education Lotteries; the
  856  Florida Retirement System Trust Fund; trust funds under the
  857  management of the State Board of Education or the Board of
  858  Governors of the State University System, if where such trust
  859  funds are for auxiliary enterprises, self-insurance, and
  860  contracts, grants, and donations, as those terms are defined by
  861  general law; trust funds that serve as clearing funds or
  862  accounts for the Chief Financial Officer or state agencies;
  863  trust funds that account for assets held by the state in a
  864  trustee capacity as an agent or fiduciary for individuals,
  865  private organizations, or other governmental units; and other
  866  trust funds authorized by the State Constitution.
  867         Section 42. In order to implement the transfer of moneys to
  868  the General Revenue Fund from trust funds in the 2011-2012
  869  General Appropriations Act, paragraph (b) of subsection (4) of
  870  section 215.5601, Florida Statutes, is reenacted and amended to
  871  read:
  872         215.5601 Lawton Chiles Endowment Fund.—
  873         (4) ADMINISTRATION.—
  874         (b) The endowment shall be managed as an annuity. The
  875  investment objective is the shall be long-term preservation of
  876  the real value of the net contributed principal and a specified
  877  regular annual cash outflow for appropriation, as nonrecurring
  878  revenue. From the annual cash outflow, a pro rata share shall be
  879  used solely for biomedical research activities as provided in
  880  paragraph (3)(d), until such time as cures are found for
  881  tobacco-related cancer and heart and lung disease. Five percent
  882  of the annual cash outflow dedicated to the biomedical research
  883  portion of the endowment shall be reinvested and applied to that
  884  portion of the endowment’s principal, with the remainder to be
  885  spent on biomedical research activities consistent with this
  886  section. The schedule of annual cash outflow must shall be
  887  included within the investment plan adopted under paragraph (a).
  888  Withdrawals other than specified regular cash outflow are shall
  889  be considered reductions in contributed principal for the
  890  purposes of this subsection.
  891         Section 43. In order to implement the issuance of new debt
  892  authorized in the 2011-2012 General Appropriations Act, and
  893  pursuant to s. 215.98, Florida Statutes, the Legislature
  894  determines that the authorization and issuance of debt for the
  895  2011-2012 fiscal year should be implemented, is in the best
  896  interest of the state, and necessary to address a critical state
  897  emergency. This section expires July 1, 2012.
  898         Section 44. In order to implement the funds appropriated in
  899  the 2011-2012 General Appropriations Act for state employee
  900  travel, the funds appropriated to each state agency, which may
  901  be used for travel by state employees, are limited during the
  902  2011-2012 fiscal year to travel for activities that are critical
  903  to each state agency’s mission. Funds may not be used to pay for
  904  travel by state employees to foreign countries, other states,
  905  conferences, staff-training activities, or other administrative
  906  functions unless the agency head has approved in writing that
  907  such activities are critical to the agency’s mission. The agency
  908  head must consider the use of teleconferencing and other forms
  909  of electronic communication to meet the needs of the proposed
  910  activity before approving mission-critical travel. This section
  911  does not apply to travel for law enforcement purposes, military
  912  purposes, emergency management activities, or public health
  913  activities. This section expires July 1, 2012.
  914         Section 45. In order to implement the appropriations
  915  authorized in the 2011-2012 General Appropriations Act for each
  916  of the state’s designated primary data centers, which are funded
  917  from the data processing appropriation category and other
  918  categories used to pay for computing services of user agencies,
  919  and pursuant to the notice, review, and objection procedures of
  920  s. 216.177, Florida Statutes, the Executive Office of the
  921  Governor may transfer funds appropriated in any appropriation
  922  category used to pay for data processing in the 2011-2012
  923  General Appropriations Act between agencies in order to align
  924  the budget authority granted with the utilization rate of each
  925  department. This section expires July 1, 2012.
  926         Section 46. State agencies that are required to begin
  927  planning for a data center consolidation scheduled for a
  928  subsequent fiscal year may accelerate the consolidation into the
  929  2011-2012 fiscal year, contingent upon approval by the
  930  Legislative Budget Commission of budget adjustments necessary to
  931  accomplish the consolidation. The primary data center may
  932  establish positions contingent on an equal or greater number of
  933  positions being placed in reserve from the agency data centers
  934  being consolidated. This section expires July 1, 2012.
  935         Section 47. In order to implement the appropriations in the
  936  2011-2012 General Appropriations Act for the statewide e-mail
  937  system established pursuant to s. 282.34, Florida Statutes, and
  938  notwithstanding s. 216.181(2)(c), Florida Statutes, an agency
  939  may transfer funds from the data processing appropriation
  940  categories established for the statewide e-mail system to
  941  another appropriation category for the purpose of supporting and
  942  managing its current e-mail system, subject to the limitations
  943  in s. 282.34(6), Florida Statutes, until the agency’s e-mail
  944  function is transferred to the statewide e-mail service vendor
  945  under contract with the Southwood Shared Resource Center. This
  946  section expires July 1, 2012.
  947         Section 48. In order to implement Specific Appropriation
  948  2187 of the 2011-2012 General Appropriations Act, the Executive
  949  Office of the Governor may transfer funds appropriated in the
  950  appropriation category “Expenses” of the 2011-2012 General
  951  Appropriations Act between agencies in order to allocate a
  952  reduction relating to SUNCOM Services. This section expires July
  953  1, 2012.
  954         Section 49. In order to implement Sections 2 through 7 of
  955  the 2011-2012 General Appropriations Act, the Executive Office
  956  of the Governor may transfer funds appropriated for the American
  957  Recovery and Reinvestment Act of 2009 (ARRA) in traditional
  958  appropriation categories in the 2011-2012 General Appropriations
  959  Act to appropriation categories established for the specific
  960  purpose of tracking funds appropriated for the ARRA. This
  961  section expires July 1, 2012.
  962         Section 50. In order to implement Sections 2 through 7 of
  963  the 2011-2012 General Appropriations Act, subsection (5) of
  964  section 216.292, Florida Statutes, is amended to read:
  965         216.292 Appropriations nontransferable; exceptions.—
  966         (5)(a) A transfer of funds may not result in the initiation
  967  of a fixed capital outlay project that has not received a
  968  specific legislative appropriation.
  969         (b) Notwithstanding paragraph (a), and for the 2011-2012
  970  2010-2011 fiscal year only, the Governor may recommend the
  971  initiation of fixed capital outlay projects funded by grants
  972  awarded by the Federal Government through the American Recovery
  973  and Reinvestment Act of 2009 or by any other federal economic
  974  stimulus grant funding received. All actions taken pursuant to
  975  the authority granted in the paragraph are subject to review and
  976  approval by the Legislative Budget Commission. This paragraph
  977  expires July 1, 2012 2011.
  978         Section 51. In order to implement Section 8 of the General
  979  Appropriations Act for the 2011-2012 fiscal year, effective
  980  January 1, 2011, paragraph (a) of subsection (7) of section
  981  110.12315, Florida Statutes, is reenacted to read:
  982         110.12315 Prescription drug program.—The state employees’
  983  prescription drug program is established. This program shall be
  984  administered by the Department of Management Services, according
  985  to the terms and conditions of the plan as established by the
  986  relevant provisions of the annual General Appropriations Act and
  987  implementing legislation, subject to the following conditions:
  988         (7) Under the state employees’ prescription drug program
  989  copayments must be made as follows:
  990         (a) Effective January 1, 2011, for the State Group Health
  991  Insurance Standard Plan:
  992         1. For generic drug with card.........................$7.
  993         2. For preferred brand name drug with card...........$30.
  994         3. For nonpreferred brand name drug with card........$50.
  995         4. For generic mail order drug.......................$14.
  996         5. For preferred brand name mail order drug..........$60.
  997         6. For nonpreferred brand name mail order drug......$100.
  998  
  999         Section 52. In order to implement Specific Appropriations
 1000  2587 through 2600 of the 2011-2012 General Appropriations Act,
 1001  and notwithstanding chapter 255, Florida Statutes, the
 1002  Department of Management Services shall use the services of a
 1003  tenant broker to renegotiate all leases involving multiple state
 1004  agency tenants. Based on the renegotiations, and no later than
 1005  September 30, 2011, the department shall report to the
 1006  Legislative Budget Commission the projected savings and
 1007  implementation costs from the renegotiations and any of the
 1008  multiple state agency leases that should be terminated pursuant
 1009  to any section of the lease agreements. The department may
 1010  propose one or more budget amendments pursuant to chapter 216,
 1011  Florida Statutes, to place any budget authority based on the
 1012  anticipated savings in reserve or transfer budget authority to a
 1013  different category. All leases as of September 30, 2011, which
 1014  do not comply with state law or the Florida Constitution,
 1015  including a nonappropriation clause, are null and void. This
 1016  section expires July 1, 2012.
 1017         Section 53. In order to implement appropriations used for
 1018  the payments of existing lease contracts for private office or
 1019  storage space, the Department of Management Services, with the
 1020  cooperation of the agencies having the existing lease contracts,
 1021  shall seek to renegotiate or reprocure all private lease
 1022  agreements expiring before June 30, 2013, to achieve a reduction
 1023  in costs in future years. The department shall use the
 1024  departments 2010 Master Leasing Report and may use tenant
 1025  broker services to explore the possibilities of collocation,
 1026  review the space needs of each agency, and to review the length
 1027  and terms of potential renewals or renegotiations. The
 1028  department shall provide a report by March 1, 2012, to the
 1029  Executive Office of the Governor, the President of the Senate,
 1030  and the Speaker of the House of Representatives which lists each
 1031  lease contract for private office or storage space, the status
 1032  of renegotiations, and the savings achieved. This section
 1033  expires July 1, 2012.
 1034         Section 54. Notwithstanding chapter 287, Florida Statutes,
 1035  the Department of Management Services shall issue by September
 1036  1, 2011, a solicitation for the Minnesota Multistate Contracting
 1037  Alliance for Pharmacy (MMCAP) agreement as a state term
 1038  contract. Provisions of the solicitation are subject to chapter
 1039  119, Florida Statutes, including drug cost per unit pricing.
 1040  Agencies that purchase drugs under the current MMCAP contract
 1041  shall provide subject matter expertise in the development of the
 1042  competitive procurement. The procurement shall be awarded to one
 1043  group purchasing organization or vendor. The department shall
 1044  use generic drugs where feasible in developing its preferred
 1045  drug list. This section expires July 1, 2012.
 1046         Section 55. In order to implement Specific Appropriation
 1047  193 of the 2011-2012 General Appropriations Act, and
 1048  notwithstanding chapter 287, Florida Statutes, the Agency for
 1049  Health Care Administration shall competitively reprocure a
 1050  Florida Discount Drug Card Program to provide market competitive
 1051  discounts through a broad network of retail pharmacies and a
 1052  mail order pharmacy within the state and return money to the
 1053  state on a per prescription dispensed basis. Discounts shall be
 1054  available to Florida residents without income restrictions.
 1055  Residents shall be able to enroll and acquire a member
 1056  identification card from the participating pharmacies, online
 1057  and through text messaging, without a charge. Revenues derived
 1058  from this contract shall be deposited into the agency’s Grants
 1059  and Donations Trust Fund to reduce the cost of Medicaid pharmacy
 1060  purchases. This section expires July 1, 2012.
 1061         Section 56. Any section of this act which implements a
 1062  specific appropriation or specifically identified proviso
 1063  language in the 2011-2012 General Appropriations Act is void if
 1064  the specific appropriation or specifically identified proviso
 1065  language is vetoed. Any section of this act which implements
 1066  more than one specific appropriation or more than one portion of
 1067  specifically identified proviso language in the 2011-2012
 1068  General Appropriations Act is void if all the specific
 1069  appropriations or portions of specifically identified proviso
 1070  language are vetoed.
 1071         Section 57. If any other act passed during the 2011 Regular
 1072  Session contains a provision that is substantively the same as a
 1073  provision in this act, but that removes or is otherwise not
 1074  subject to the future repeal applied to such provision by this
 1075  act, the Legislature intends that the provision in the other act
 1076  takes precedence and continues to operate, notwithstanding the
 1077  future repeal provided by this act.
 1078         Section 58. If any provision of this act or its application
 1079  to any person or circumstance is held invalid, the invalidity
 1080  does not affect other provisions or applications of the act
 1081  which can be given effect without the invalid provision or
 1082  application, and to this end the provisions of this act are
 1083  severable.
 1084         Section 59. Except as otherwise expressly provided in this
 1085  act and except for this section, which shall take effect June
 1086  29, 2011, this act shall take effect July 1, 2011; or, if this
 1087  act fails to become a law until after that date, it shall take
 1088  effect upon becoming a law and shall operate retroactively to
 1089  July 1, 2011.