SB 2002                                         Second Engrossed
       
       
       
       
       
       
       
       
       20112002e2
       
    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; authorizing the use of
   10         funds from the Workers’ Compensation Administration
   11         Trust Fund for the Ready to Work Program; authorizing
   12         a university board of trustees to expend reserve or
   13         carry-forward balances for the establishment of a new
   14         campus; amending s. 394.908, F.S.; providing
   15         allocation requirements for specified funds
   16         appropriated for forensic mental health services;
   17         providing requirements relating to implementing phase
   18         3 of the Department of Health’s Florida Onsite Sewage
   19         Nitrogen Reduction Strategies Study; amending s. 1 of
   20         chapter 2007-174, Laws of Florida; revising the
   21         expiration of provisions authorizing certain
   22         flexibility for the Department of Children and Family
   23         Services with respect to its organizational structure;
   24         incorporating by reference certain calculations of the
   25         Medicaid Low-Income Pool, Disproportionate Share
   26         Hospital, and Hospital Exemptions Programs; requiring
   27         certain budget amendments recommending the release of
   28         funds to provide more notice and be subject to certain
   29         objection procedures; revising specified
   30         appropriations in the General Appropriations Act with
   31         respect to the rates for the Title XIX Inpatient
   32         Hospital Reimbursement Plan; providing an
   33         appropriation for certain public hospitals; revising
   34         an appropriation in the General Appropriations Act to
   35         implement rates for the Title XIX Outpatient Hospital
   36         Reimbursement Plan; requiring the Department of Health
   37         to present a plan to the Legislative Budget Commission
   38         which estimates the workload and funding needs to
   39         implement the onsite sewage treatment and disposal
   40         system evaluation program; authorizing the Department
   41         of Corrections and the Department of Juvenile Justice
   42         to make certain expenditures to defray costs incurred
   43         by a municipality or county as a result of opening or
   44         operating a facility under the authority of the
   45         respective entity; amending s. 216.262, F.S.;
   46         providing for additional positions to operate
   47         additional prison bed capacity under certain
   48         circumstances; authorizing the Department of Legal
   49         Affairs to transfer certain funds to pay salaries and
   50         benefits; authorizing the Department of Legal Affairs
   51         to spend certain appropriated funds on programs that
   52         were funded by the department from specific
   53         appropriations in general appropriations acts in
   54         previous years; amending s. 932.7055, F.S.;
   55         authorizing a municipality to expend funds from its
   56         special law enforcement trust fund to reimburse the
   57         municipality’s general fund; requiring that the
   58         Department of Juvenile Justice comply with specified
   59         reimbursement limitations with respect to payments to
   60         hospitals or health care providers for health care
   61         services; authorizing certain payments pursuant to a
   62         contracted rate only until the contract expires or is
   63         renewed; defining the term “hospital” for purposes of
   64         such limitations; relieving the state court system of
   65         certain loan repayment obligations; amending s.
   66         215.18, F.S.; providing for trust fund loans to the
   67         state court system sufficient to meet its
   68         appropriation; providing that any funds remaining in
   69         the Clerks of the Courts Trust Fund remain available
   70         to the clerks; amending s. 29.008, F.S.; providing
   71         counties with an exemption from the requirement to
   72         annually increase certain expenditures by a specified
   73         percentage; amending s. 282.709, F.S.; allowing funds
   74         from the State Agency Law Enforcement Radio System
   75         Trust Fund to be used for mutual aid buildout
   76         maintenance and sustainment; requiring the Florida
   77         Catastrophic Storm Risk Management Center at Florida
   78         State University to conduct an analysis using certain
   79         data; requiring the Department of Management Services
   80         to use certain interest earnings to fund the
   81         administration of the MyFlorida.com portal; amending
   82         s. 253.034, F.S.; authorizing the deposit of funds
   83         derived from the sale of property by the Department of
   84         Citrus into the Citrus Advertising Trust Fund;
   85         amending s. 601.15, F.S.; specifying the maximum tax
   86         rate for standard-packed boxes of citrus fruit;
   87         providing for the future expiration of such amendment
   88         and for the reversion of statutory text; amending s.
   89         601.10, F.S.; providing for the executive director of
   90         the Department of Citrus to be appointed by a majority
   91         vote of the commission, subject to confirmation by the
   92         Senate; providing for the future expiration of such
   93         amendment and for the reversion of statutory text;
   94         amending s. 375.041, F.S.; providing for the transfer
   95         of moneys from the Land Acquisition Trust Fund to
   96         support the Total Maximum Daily Loads programs;
   97         amending s. 373.59, F.S.; providing for the allocation
   98         of moneys from the Water Management Lands Trust Fund
   99         for certain purposes; reenacting s. 403.1651(1)(g),
  100         F.S., relating to the use of funds from the Ecosystem
  101         Management and Restoration Trust Fund for the purpose
  102         of funding activities to preserve and repair the
  103         state’s beaches; providing for the future expiration
  104         of certain amendments to such provision and for the
  105         reversion of statutory text; amending s. 570.20, F.S.;
  106         delaying the expiration of provisions authorizing the
  107         Department of Agriculture and Consumer Services to use
  108         funds from the General Inspection Trust Fund for
  109         certain programs; amending s. 403.7095, F.S.;
  110         requiring that the Department of Environmental
  111         Protection award a specified amount in grants to
  112         certain counties for solid waste programs; authorizing
  113         the Department of Agriculture and Consumer Services to
  114         extend, revise, and renew current contracts or
  115         agreements created or entered into for the purpose of
  116         promotion of agriculture; providing that the
  117         disposition of state-owned lands is exempt from
  118         appraisal requirements and disposition requirements
  119         under certain circumstances; requiring state agencies
  120         to provide a list of lands that are immediately
  121         available for lease or are surplus lands; requiring
  122         that the proceeds from the sale of such lands be
  123         deposited into the Florida Forever Trust Fund;
  124         amending s. 379.204, F.S.; authorizing the Fish and
  125         Wildlife Conservation Commission to transfer funds to
  126         the Federal Grants Trust Fund to support cash flow
  127         needs; requiring the Fish and Wildlife Conservation
  128         Commission to suspend publication of the Florida
  129         Wildlife Magazine and the operations of the advisory
  130         council for the 2011-2012 fiscal year; amending s.
  131         339.135, F.S.; delaying the expiration of certain
  132         provisions that permit the Department of
  133         Transportation to reduce work program levels to
  134         balance the finance plan to revised funding levels;
  135         delaying the expiration of certain provisions relating
  136         to the specifications of the department’s cash
  137         balances before a project or phase may be deferred;
  138         delaying the expiration of certain provisions relating
  139         to the specifications of the department’s cash
  140         balances before a project or phase may be deferred;
  141         providing that certain reductions do not negatively
  142         impact safety or maintenance or project contingency
  143         percentage levels as of a specified date; providing
  144         for use of transportation revenues; amending s.
  145         339.08, F.S.; delaying the expiration of provisions
  146         relating to the use of moneys in the State
  147         Transportation Trust Fund for certain administrative
  148         expenses; authorizing the transfer of funds from the
  149         State Transportation Trust Fund to the State School
  150         Trust Fund under certain circumstances; providing for
  151         all vehicles within the Office of Motor Carrier
  152         Compliance to be transferred to the Department of
  153         Highway Safety and Motor Vehicles without the payment
  154         of certain fees; amending s. 445.009, F.S.; providing
  155         that a participant in an adult or youth work
  156         experience activity under ch. 445, F.S., is an
  157         employee of the state for purposes of workers’
  158         compensation coverage; reenacting s. 163.3247(3)(d),
  159         F.S., relating to members of the Century Commission
  160         for a Sustainable Florida serving without
  161         compensation; providing for the future expiration of
  162         certain amendments to such provision and for the
  163         reversion of statutory text; reenacting s.
  164         201.15(1)(c), F.S., relating to funds deposited into
  165         the Grants and Donations Trust Fund in the Department
  166         of Community Affairs which are used to fund technical
  167         assistance to local governments and school boards;
  168         providing for the future expiration of certain
  169         amendments to such provision and for the reversion of
  170         statutory text; amending s. 206.608, F.S.; providing
  171         for continued use of certain taxes deposited into the
  172         State Transportation Trust Fund by the Department of
  173         Transportation; prohibiting the transfer of funds from
  174         the Highway Safety Operating Trust Fund to the
  175         Transportation Disadvantaged Trust Fund; including
  176         funding for passenger rail in the Transportation
  177         Systems Development budget entity; providing that
  178         certain sworn law enforcement positions in the Office
  179         of Motor Carrier Compliance be placed in the career
  180         service upon transfer to the Department of Highway
  181         Safety and Motor Vehicles; providing for permanent
  182         status upon the transfer of certain positions;
  183         authorizing the Department of Transportation to use
  184         funds from the Toll Facilities Revolving Trust Fund
  185         for certain purposes; authorizing the Executive Office
  186         of the Governor to transfer funds between departments
  187         for purposes of aligning amounts paid for risk
  188         management premiums and for purposes of aligning
  189         amounts paid for human resource management services;
  190         amending s. 110.123, F.S., relating to the state group
  191         insurance program; providing that the state
  192         contribution toward the cost of a plan is the
  193         difference between the overall premium and the
  194         employee contribution; amending s. 112.24, F.S.;
  195         providing conditions on the assignment of an employee
  196         of a state agency without reimbursement from the
  197         receiving agency; providing that the annual salary of
  198         the members of the Legislature be maintained at a
  199         specified level; amending s. 27.710, F.S.; clarifying
  200         certain duties of the executive director of the
  201         Justice Administration Commission on Capital Cases;
  202         providing for the future expiration of the amendment
  203         to such provision and for the reversion of statutory
  204         text; reenacting and amending s. 215.32(2)(b), F.S.,
  205         relating to the source and use of certain trust funds
  206         in order to implement the transfer of moneys in the
  207         General Revenue Fund from trust funds in the 2011-2012
  208         General Appropriations Act; providing for the future
  209         expiration of certain amendments to such provision and
  210         for the reversion of statutory text; reenacting and
  211         amending s. 215.5601(4)(b), F.S., relating to the
  212         administration of the Lawton Chiles Endowment Fund;
  213         providing for the future expiration of certain
  214         amendments to such provision and for the reversion of
  215         statutory text; providing a legislative finding that
  216         the issuance of new debt is in the best interests of
  217         the state and necessary to address a critical state
  218         emergency; limiting the use of travel funds to
  219         activities that are critical to an agency’s mission;
  220         providing exceptions; authorizing agencies scheduled
  221         for data center consolidation to accelerate such
  222         consolidation; authorizing the establishment of data
  223         center positions in exchange for agency positions
  224         placed in reserve; authorizing the Executive Office of
  225         the Governor to transfer funds between agencies in
  226         order to allocate a reduction relating to SUNCOM;
  227         reenacting s. 110.12315(7)(a), F.S., relating to
  228         copayments for the state employees’ prescription drug
  229         program; providing for the future expiration of
  230         certain amendments to such provision and for the
  231         reversion of statutory text; directing the Department
  232         of Management Services to use a tenant broker to
  233         renegotiate certain leases and provide a report to the
  234         Legislature; requiring the department to renegotiate
  235         certain leases and report to the Legislature;
  236         requiring the department to issue a solicitation for
  237         the Minnesota Multistate Contracting Alliance for
  238         Pharmacy agreement as a state term contract; requiring
  239         the department to use generic drugs were feasible in
  240         developing its preferred drug list; requiring the
  241         Agency for Health Care Administration to reprocure the
  242         Florida Discount Drug Card Program; providing
  243         requirements for the program; providing that revenues
  244         derived from the contract be deposited into the
  245         agency’s Grants and Donations Trust Fund; amending s.
  246         946.515, F.S.; requiring each state agency to submit a
  247         report to the Legislature listing products or services
  248         obtained from sources other than the prison industries
  249         corporation; providing for the effect of a veto of one
  250         or more specific appropriations or proviso to which
  251         implementing language refers; providing for reversion
  252         of statutory text of certain provisions; providing for
  253         the continued operation of certain provisions
  254         notwithstanding a future repeal or expiration provided
  255         by the act; providing for severability; providing
  256         effective dates.
  257  
  258  Be It Enacted by the Legislature of the State of Florida:
  259  
  260         Section 1. It is the intent of the Legislature that the
  261  implementing and administering provisions of this act apply to
  262  the General Appropriations Act for the 2011-2012 fiscal year.
  263         Section 2. In order to implement Specific Appropriations 6,
  264  7, 8, 68, and 69 of the 2011-2012 General Appropriations Act,
  265  the calculations of the Florida Education Finance Program for
  266  the 2011-2012 fiscal year in the document entitled “Public
  267  School Funding-The Florida Education Finance Program,” dated May
  268  3, 2011, and filed with the Secretary of the Senate, are
  269  incorporated by reference for the purpose of displaying the
  270  calculations used by the Legislature, consistent with the
  271  requirements of the Florida Statutes, in making appropriations
  272  for the Florida Education Finance Program.
  273         Section 3. In order to implement Specific Appropriations
  274  15A and 15B of the 2011-2012 General Appropriations Act,
  275  paragraph (c) of subsection (3) of section 216.292, Florida
  276  Statutes, is amended to read:
  277         216.292 Appropriations nontransferable; exceptions.—
  278         (3) The following transfers are authorized with the
  279  approval of the Executive Office of the Governor for the
  280  executive branch or the Chief Justice for the judicial branch,
  281  subject to the notice and objection provisions of s. 216.177:
  282         (c) The transfer of appropriations for fixed capital outlay
  283  from the Survey Recommended Needs-Public Schools appropriation
  284  category to the Maintenance, Repair, Renovation and Remodeling
  285  appropriation category. The allocation of transferred funds must
  286  shall be in accordance with s. 1013.62 1013.64(1). This
  287  paragraph expires July 1, 2012 2011.
  288         Section 4. Notwithstanding ss. 440.50 and 1010.87, Florida
  289  Statutes, for the 2011-2012 fiscal year, funds provided in
  290  Specific Appropriation 98 of the 2011-2012 General
  291  Appropriations Act from the Workers’ Compensation Administration
  292  Trust Fund shall be used for the Ready to Work Program created
  293  under s. 1004.99, Florida Statutes. This section expires July 1,
  294  2012.
  295         Section 5. In order to implement Specific Appropriation 119
  296  of the 2011-2012 General Appropriations Act and notwithstanding
  297  any other law, for the 2011-2012 fiscal year only, a university
  298  board of trustees may expend reserve or carry-forward balances
  299  from prior year operational and programmatic appropriations for
  300  legislatively approved fixed capital outlay projects authorized
  301  for the establishment of a new campus.
  302         Section 6. In order to implement Specific Appropriations
  303  310 through 339 of the 2011-2012 General Appropriations Act,
  304  paragraphs (b) and (c) of subsection (3) of section 394.908,
  305  Florida Statutes, are amended to read:
  306         394.908 Substance abuse and mental health funding equity;
  307  distribution of appropriations.—In recognition of the historical
  308  inequity in the funding of substance abuse and mental health
  309  services for the department’s districts and regions and to
  310  rectify this inequity and provide for equitable funding in the
  311  future throughout the state, the following funding process shall
  312  be used:
  313         (3)
  314         (b) Notwithstanding paragraph (a) and for the 2011-2012
  315  2010-2011 fiscal year only, funds appropriated for forensic
  316  mental health treatment services shall be allocated to the areas
  317  of the state having the greatest demand for services and
  318  treatment capacity. This paragraph expires July 1, 2012 2011.
  319         (c) Notwithstanding paragraph (a) and for the 2011-2012
  320  2010-2011 fiscal year only, additional funds appropriated for
  321  substance abuse and mental health services from funds available
  322  through the Community-Based Medicaid Administrative Claiming
  323  Program shall be allocated as provided in the 2010-2011 General
  324  Appropriations Act and in proportion to contributed provider
  325  earnings. This paragraph expires July 1, 2012 2011.
  326         Section 7. In order to implement Specific Appropriation 465
  327  of the 2011-2012 General Appropriations Act, and for the 2011
  328  2012 fiscal year only, the following requirements govern the
  329  completion of Phase 2 and Phase 3 of the Department of Health’s
  330  Florida Onsite Sewage Nitrogen Reduction Strategies Study:
  331         (1) The Department of Health’s underlying contract for the
  332  study remains in full force and effect and funding for
  333  completion of Phase 2 and Phase 3 is through the Department of
  334  Health.
  335         (2) The Department of Health, the Department of Health’s
  336  Research Review and Advisory Committee, and the Department of
  337  Environmental Protection shall work together to provide the
  338  necessary technical oversight of the completion of Phase 2 and
  339  Phase 3 of the project.
  340         (3) Management and oversight of the completion of Phase 2
  341  and Phase 3 must be consistent with the terms of the existing
  342  contract. However, the main focus and priority to be completed
  343  during Phase 3 shall be developing, testing, and recommending
  344  cost-effective passive technology design criteria for nitrogen
  345  reduction.
  346         (4) The systems installed at homesites are experimental in
  347  nature and shall be installed with significant field testing and
  348  monitoring. The Department of Health is specifically authorized
  349  to allow installation of these experimental systems.
  350  Notwithstanding any other law, before Phase 3 of the study is
  351  completed, a state agency may not adopt or implement a rule or
  352  policy that:
  353         (a) Mandates, establishes, or implements more restrictive
  354  nitrogen-reduction standards to existing or new onsite sewage
  355  treatment systems or modification of such systems; or
  356         (b) Directly or indirectly requires the use of performance
  357  based treatment systems or similar technology, such as through
  358  an administrative order developed by the Department of
  359  Environmental Protection as part of a basin management action
  360  plan adopted pursuant to s. 403.067, Florida Statutes. However,
  361  the implementation of more restrictive nitrogen-reduction
  362  standards for onsite systems may be required through a basin
  363  management action plan if such plan is phased in after
  364  completion of Phase 3.
  365         Section 8. Effective June 29, 2011, in order to implement
  366  Specific Appropriations 259 through 357 of the 2011-2012 General
  367  Appropriations Act, subsection (3) of section 1 of chapter 2007
  368  174, Laws of Florida, is amended to read:
  369         Section 1. Flexibility for the Department of Children and
  370  Family Services.—
  371         (3) This section expires July 1, 2012 June 30, 2008.
  372         Section 9. In order to implement Specific Appropriations
  373  171 and 177 through 179 and 182 of the 2011-2012 General
  374  Appropriations Act, the calculations of the Medicaid Low-Income
  375  Pool, Disproportionate Share Hospital, and Hospital Exemptions
  376  Programs for the 2011-2012 fiscal year in the document entitled
  377  “Medicaid Supplemental Hospital Funding Programs” dated May 3,
  378  2011, and filed with the Secretary of the Senate, are
  379  incorporated by reference for the purpose of displaying the
  380  calculations used by the Legislature, consistent with the
  381  requirements of the Florida Statutes, in making appropriations
  382  for the Low-Income Pool, Disproportionate Share Hospital, and
  383  Hospital Exemptions Programs.
  384         Section 10. In order to implement Specific Appropriation
  385  536 of the 2011-2012 General Appropriations Act, notwithstanding
  386  s. 216.177, Florida Statutes, requiring only 3 days’ notice to
  387  the Legislature for the release of funds, budget amendments
  388  recommending the release of funds must be provided at least 14
  389  days before the effective date of the action and are subject to
  390  the objection procedures in s. 216.177(2)(b), Florida Statutes.
  391         Section 11.In order to implement Specific Appropriation
  392  177 of the 2011-2012 General Appropriations Act, and for the
  393  2011-2012 fiscal year only, the third and tenth paragraph of
  394  proviso following the appropriation is repealed and replaced
  395  with:
  396  
  397         Funds in Specific Appropriation 177 reflect a
  398         reduction of $173,477,299 from the General Revenue
  399         Fund, $220,252,391 from the Medical Care Trust Fund,
  400         and $1,199,158 from the Refugee Assistance Trust Fund
  401         as a result of modifying the reimbursement for
  402         inpatient hospital rates. The agency shall implement a
  403         recurring methodology in the Title XIX Inpatient
  404         Hospital Reimbursement Plan to achieve this reduction.
  405         In establishing rates through the normal process,
  406         before including this reduction, if the unit cost is
  407         equal to or less than the unit cost used in
  408         establishing the budget, then no additional reduction
  409         in rates is necessary; however, if the unit cost is
  410         greater than the unit cost used in establishing the
  411         budget, then rates shall be reduced by an amount
  412         required to achieve this reduction, but may not be
  413         reduced below the unit cost used in establishing the
  414         budget. Hospitals that are licensed as a children’s
  415         specialty hospital and whose Medicaid days plus
  416         charity care days divided by total adjusted patient
  417         days equals or exceeds 30 percent and rural hospitals,
  418         as defined in s. 395.602, Florida Statutes, are
  419         excluded from this reduction.
  420  
  421         From the funds in Specific Appropriation 177,
  422         $239,417,562 from the Grants and Donations Trust Fund
  423         and $303,972,274 from the Medical Care Trust Fund are
  424         provided for public hospitals, including any leased
  425         public hospital determined to be covered under the
  426         state’s sovereign immunity; teaching hospitals, as
  427         defined in s. 408.07 or s. 395.805, Florida Statutes,
  428         which have 70 or more full-time equivalent resident
  429         physicians; hospitals that have graduate medical
  430         education positions that do not otherwise qualify; and
  431         designated trauma hospitals to buy back the Medicaid
  432         inpatient trend adjustment applied to their individual
  433         hospital rates and other Medicaid reductions to their
  434         inpatient rates up to actual Medicaid inpatient cost.
  435         The payments under this proviso are contingent on the
  436         state share being provided through grants and
  437         donations from state, county, or other governmental
  438         funds. This section of proviso does not include the
  439         buy back of the Medicaid inpatient trend adjustment
  440         applied to the individual state mental health
  441         hospitals.
  442  
  443         Section 12.In order to implement Specific Appropriation
  444  182 of the 2011-2012 General Appropriations Act, and for the
  445  2011-2012 fiscal year only, the second paragraph of proviso
  446  following the appropriation is repealed and replaced with:
  447  
  448         Funds in Specific Appropriation 182 reflect a
  449         reduction of $43,572,721 from the General Revenue
  450         Fund, $55,321,338 from the Medical Care Trust Fund,
  451         and $151,174 from the Refugee Assistance Trust Fund as
  452         a result of implementing a reduction in outpatient
  453         hospital reimbursement rates. The agency shall
  454         implement a recurring methodology in the Title XIX
  455         Outpatient Hospital Reimbursement Plan to achieve this
  456         reduction. In establishing rates through the normal
  457         process, prior to including this reduction, if the
  458         unit cost is equal to or less than the unit cost used
  459         in establishing the budget, then no additional
  460         reduction in rates is necessary. In establishing rates
  461         through the normal process, prior to including this
  462         reduction, if the unit cost is greater than the unit
  463         cost used in establishing the budget, then rates shall
  464         be reduced by an amount required to achieve this
  465         reduction, but shall not be reduced below the unit
  466         cost used in establishing the budget. Hospitals that
  467         are licensed as a children’s specialty hospital and
  468         whose Medicaid days plus charity care days divided by
  469         total adjusted patient days equals or exceeds 30
  470         percent and rural hospitals as defined in s. 395.602,
  471         Florida Statutes, are excluded from this reduction.
  472  
  473         Section 13. In order to implement Specific Appropriations
  474  459 through 469 of the 2011-2012 General Appropriations Act,
  475  before the implementation of the onsite sewage treatment and
  476  disposal system evaluation program described in s.
  477  381.0065(5)(a), Florida Statutes, the Department of Health shall
  478  submit a plan for approval by the Legislative Budget Commission
  479  which includes an estimate of agency workload and funding needs.
  480  The department may not expend funds in furtherance of the
  481  evaluation program before the plan is approved by the
  482  commission.
  483         Section 14. In order to fulfill legislative intent
  484  regarding the use of funds contained in Specific Appropriations
  485  605, 616, 628, and 1135 of the 2011-2012 General Appropriations
  486  Act, the Department of Corrections and the Department of
  487  Juvenile Justice may expend appropriated funds to assist in
  488  defraying costs that are incurred by a municipality or county
  489  and are associated with opening or operating a facility under
  490  the authority of the respective department. The amount paid for
  491  any facility may not exceed 1 percent of the cost to construct
  492  the facility, less building impact fees imposed by the
  493  municipality or county. This section expires July 1, 2012.
  494         Section 15. In order to implement Specific Appropriations
  495  570 through 688A and 726 through 759 of the 2011-2012 General
  496  Appropriations Act, subsection (4) of section 216.262, Florida
  497  Statutes, is amended to read:
  498         216.262 Authorized positions.—
  499         (4) Notwithstanding the provisions of this chapter relating
  500  to on increasing the number of authorized positions, and for the
  501  2011-2012 2010-2011 fiscal year only, if the actual inmate
  502  population of the Department of Corrections exceeds the inmate
  503  population projections of the February 21, 2011 19, 2010,
  504  Criminal Justice Estimating Conference by 1 percent for 2
  505  consecutive months or 2 percent for any month, the Executive
  506  Office of the Governor, with the approval of the Legislative
  507  Budget Commission, shall immediately notify the Criminal Justice
  508  Estimating Conference, which shall convene as soon as possible
  509  to revise the estimates. The Department of Corrections may then
  510  submit a budget amendment requesting the establishment of
  511  positions in excess of the number authorized by the Legislature
  512  and additional appropriations from unallocated general revenue
  513  sufficient to provide for essential staff, fixed capital
  514  improvements, and other resources to provide classification,
  515  security, food services, health services, and other variable
  516  expenses within the institutions to accommodate the estimated
  517  increase in the inmate population. All actions taken pursuant to
  518  the authority granted in this subsection are shall be subject to
  519  review and approval by the Legislative Budget Commission. This
  520  subsection expires July 1, 2012 2011.
  521         Section 16. In order to implement Specific Appropriations
  522  1253, 1267, 1274, 1295, and 1305 of the 2011-2012 General
  523  Appropriations Act, the Department of Legal Affairs may transfer
  524  cash remaining after required disbursements for Attorney General
  525  case numbers 09-CV-51614, 16-2008-CA-01-3142CV-C, and
  526  CACE08022328 from FLAIR account 41-74-2-601001-41100100-00
  527  181076-00 to the Operating Trust Fund to pay salaries and
  528  benefits. This section expires July 1, 2012.
  529         Section 17. In order to implement Specific Appropriations
  530  1289 and 1290 of the 2011-2012 General Appropriations Act, the
  531  Department of Legal Affairs may expend appropriated funds in
  532  those specific appropriations on the same programs that were
  533  funded by the department pursuant to specific appropriations
  534  made in general appropriations acts in prior years. This section
  535  expires July 1, 2012.
  536         Section 18. In order to implement Specific Appropriations
  537  1192 and 1198 of the 2011-2012 General Appropriations Act,
  538  paragraph (d) of subsection (4) of section 932.7055, Florida
  539  Statutes, is amended to read:
  540         932.7055 Disposition of liens and forfeited property.—
  541         (4) The proceeds from the sale of forfeited property shall
  542  be disbursed in the following priority:
  543         (d) Notwithstanding any other provision of this subsection,
  544  and for the 2011-2012 2010-2011 fiscal year only, the funds in a
  545  special law enforcement trust fund established by the governing
  546  body of a municipality may be expended to reimburse the general
  547  fund of the municipality for moneys advanced from the general
  548  fund to the special law enforcement trust fund before prior to
  549  October 1, 2001. This paragraph expires July 1, 2012 2011.
  550         Section 19. (1) In order to implement Specific
  551  Appropriations 1069, 1070, 1074, 1075, 1115, 1116, 1120, 1121,
  552  1123, 1126, 1127, 1130, 1131, 1132, 1141, and 1146 of the 2011
  553  2012 General Appropriations Act, the Department of Juvenile
  554  Justice must comply with the following reimbursement
  555  limitations:
  556         (a) Payments to a hospital or a health care provider may
  557  not exceed 110 percent of the Medicare allowable rate for any
  558  health care services provided if no contract exists between the
  559  department and the hospital or the health care provider
  560  providing services at a hospital;
  561         (b) The department may continue to make payments for health
  562  care services at the currently contracted rates through the
  563  current term of the contract if a contract has been executed
  564  between the department and a hospital or a health care provider
  565  providing services to a hospital; however, payments may not
  566  exceed 110 percent of the Medicare allowable rate after the
  567  current term of the contract expires or after the contract is
  568  renewed during the 2011-2012 fiscal year;
  569         (c) Payments may not exceed 110 percent of the Medicare
  570  allowable rate under a contract executed on or after July 1,
  571  2011, between the department and a hospital or health care
  572  provider providing services at a hospital;
  573         (d) Notwithstanding paragraphs (a), (b), and (c), the
  574  department may pay up to 125 percent of the Medicare allowable
  575  rate for health care services at a hospital that reports or has
  576  reported a negative operating margin for the previous fiscal
  577  year to the Agency for Health Care Administration through
  578  hospital-audited financial data; and
  579         (e) The department may not execute a contract for health
  580  care services at a hospital for rates other than rates based on
  581  a percentage of the Medicare allowable rate.
  582         (2) For purposes of this section, the term “hospital” means
  583  a hospital licensed under chapter 395, Florida Statutes.
  584         (3) This section expires July 1, 2012.
  585         Section 20. In order to implement section 7 of the 2011
  586  2012 General Appropriations Act, and notwithstanding s. 215.18,
  587  Florida Statutes, the state court system is relieved of loan
  588  repayment obligations for loans made from the Mediation and
  589  Arbitration Trust Fund and the Court Education Trust Fund to the
  590  state court system during the 2010-2011 fiscal year. This
  591  section is effective upon this act becoming a law.
  592         Section 21. In order to implement Section 7 of the 2011
  593  2012 General Appropriations Act, section 215.18, Florida
  594  Statutes, is amended to read:
  595         215.18 Transfers between funds; limitation.—
  596         (1) Whenever there is a deficiency exists in any fund
  597  provided for by s. 215.32 a deficiency which would render such
  598  fund insufficient to meet its just requirements, and there shall
  599  exist in the other funds in the State Treasury have moneys which
  600  are for the time being or otherwise in excess of the amounts
  601  necessary to meet the just requirements of such last-mentioned
  602  funds, the Governor may order a temporary transfer of moneys
  603  from one fund to another in order to meet temporary deficiencies
  604  in a particular fund without resorting to the necessity of
  605  borrowing money and paying interest thereon. Any action proposed
  606  under this section is subject to the notice and objection
  607  procedures set forth in s. 216.177, and the Governor shall
  608  provide notice of such action at least 7 days before prior to
  609  the effective date of the transfer of funds. Except as otherwise
  610  provided in s. 216.222(1)(a)2., the fund from which any money is
  611  temporarily transferred must shall be repaid the amount
  612  transferred from it by not later than the end of the fiscal year
  613  in which such transfer is made, the date of repayment to be
  614  specified in the order of the Governor.
  615         (2) The Chief Justice of the Supreme Court may receive one
  616  or more trust fund loans of up to $54 million in total, the
  617  purpose of which is to ensure that the state court system has
  618  funds sufficient to meet its appropriations in the 2011-2012
  619  General Appropriations Act. If the Chief Justice accesses the
  620  loan, he or she must notify the Governor and the chairs of the
  621  legislative appropriations committees in writing. The loan must
  622  come from other funds in the State Treasury which are for the
  623  time being or otherwise in excess of the amounts necessary to
  624  meet the just requirements of such last-mentioned funds. The
  625  Governor shall order the transfer of funds within 5 days after
  626  the written notification from the Chief Justice. If the Governor
  627  does not order the transfer, the Chief Financial Officer shall
  628  transfer the requested funds. The loan of funds from which any
  629  money is temporarily transferred must be repaid by the end of
  630  the 2011-2012 fiscal year. This subsection expires July 1, 2012.
  631         Section 22. In order to implement Specific Appropriation
  632  791 of the 2011-2012 General Appropriations Act, and not
  633  withstanding s. 28.2455, Florida Statutes, any funds remaining
  634  in the Clerks of Court Trust Fund may not be transferred to the
  635  General Revenue Fund and remain available to the clerks of court
  636  for expenditures during the 2011-2012 fiscal year. This section
  637  shall take effect upon becoming a law and expires July 1, 2012.
  638         Section 23. In order to implement section 7 of the 2011
  639  2012 General Appropriations Act, paragraph (c) of subsection (4)
  640  of section 29.008, Florida Statutes, is amended to read:
  641         29.008 County funding of court-related functions.—
  642         (4)
  643         (c) Counties are exempt from all requirements and
  644  provisions of paragraph (a) for the 2011-2012 2010-2011 fiscal
  645  year. Accordingly, for the 2011-2012 2010-2011 fiscal year,
  646  counties shall maintain, but are not required to increase, their
  647  expenditures for the items specified in paragraphs (1)(a)-(h)
  648  and subsection (3). The requirements described in paragraph (a)
  649  shall be reinstated beginning with the 2012-2013 2011-2012
  650  fiscal year. This paragraph expires July 1, 2012 2011.
  651         Section 24. In order to implement Specific Appropriation
  652  2701A of the 2011-2012 General Appropriation Act, subsection (3)
  653  of section 282.709, Florida Statutes, is amended to read:
  654         282.709 State agency law enforcement radio system and
  655  interoperability network.—
  656         (3)(a) The State Agency Law Enforcement Radio System Trust
  657  Fund is established in the department and funded from surcharges
  658  collected under ss. 318.18, 320.0802, and 328.72. Upon
  659  appropriation, moneys in the trust fund may be used by the
  660  department to acquire by competitive procurement the equipment,
  661  software, and engineering, administrative, and maintenance
  662  services it needs to construct, operate, and maintain the
  663  statewide radio system. Moneys in the trust fund from collected
  664  as a result of the surcharges set forth in ss. 318.18, 320.0802,
  665  and 328.72 shall be used to help fund the costs of the system.
  666  Upon completion of the system, moneys in the trust fund may also
  667  be used by the department for payment of the recurring
  668  maintenance costs of the system.
  669         (b) Funds from the State Agency Law Enforcement Radio
  670  System Trust Fund may be used by the department to fund mutual
  671  aid buildout maintenance and sustainment as appropriated by law.
  672  This paragraph expires July 1, 2012.
  673         Section 25. In order to implement Specific Appropriation
  674  2341A of the 2011-2012 General Appropriations Act, the Florida
  675  Catastrophic Storm Risk Management Center at Florida State
  676  University shall conduct the analysis as originally required in
  677  s. 164 of chapter 2004-390, Laws of Florida. Notwithstanding
  678  that section, the center shall use the most recent and available
  679  premium data for personal lines property and casualty insurance
  680  in completing the analysis.
  681         Section 26. In order to implement Specific Appropriations
  682  2574 through 2584 of the 2011-2012 General Appropriations Act,
  683  the Department of Management Services shall use interest
  684  earnings of the Communications Working Capital Trust Fund as the
  685  funding source for its responsibilities for the administration
  686  of the MyFlorida.com portal.
  687         Section 27. In order to implement Specific Appropriations
  688  2173 through 2195 of the 2011-2012 General Appropriations Act,
  689  subsection (13) of section 253.034, Florida Statutes, as amended
  690  by chapter 2010-280, Laws of Florida, is amended to read:
  691         253.034 State-owned lands; uses.—
  692         (13) Notwithstanding the provisions of this section, funds
  693  derived from the sale of the Department of Citrus’ property
  694  located in Lakeland, Florida, shall are authorized to be
  695  deposited into the Citrus Advertising Trust Fund. This
  696  subsection expires July 1, 2012 2011.
  697         Section 28. In order to implement Specific Appropriations
  698  2173 through 2195 of the 2011-2012 General Appropriations Act,
  699  paragraph (a) of subsection (3) of section 601.15, Florida
  700  Statutes, is amended to read:
  701         601.15 Advertising campaign; methods of conducting; excise
  702  tax; emergency reserve fund; citrus research.—
  703         (3)(a) There is hereby levied and imposed upon each
  704  standard-packed box of citrus fruit grown and placed into the
  705  primary channel of trade in this state an excise tax at maximum
  706  annual rates for each citrus season as determined from the
  707  tables in this paragraph and based upon the previous season’s
  708  actual statewide production as reported in the United States
  709  Department of Agriculture Citrus Crop Production Forecast as of
  710  June 1. The rates may be set at any lower rate in any year
  711  pursuant to paragraph (e).
  712         1. The following maximum tax rates, expressed in cents per
  713  box, shall apply to grapefruit which enters the primary channel
  714  of trade for use in fresh form:
  715                  
  716  Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
  717   80 andgreater     33       34       35       36           37        
  718      75-79.99       35       36       37       38           39        
  719      70-74.99       37       38       39       41           42        
  720      65-69.99       40       41       42       44           45        
  721      60-64.99       43       44       46       47           49        
  722      55-59.99       47       48       50       51           53        
  723      50-54.99       51       53       55       56           58        
  724      45-49.99       57       59       60       62           64        
  725      40-44.99       63       65       67       69           71        
  726    Less than 40     72       74       76       79           81        
  727  However, effective July 1, 2011, the tax rate per box on
  728  grapefruit that enters the primary channel of trade for use in
  729  fresh form may not exceed the tax rate per box in effect on May
  730  1, 2011.
  731         2. The following maximum tax rates, expressed in cents per
  732  box, shall apply to grapefruit which enters the primary channel
  733  of trade for use in processed forms:
  734                  
  735  Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
  736   80 andgreater     23       24       25       25           26        
  737      75-79.99       25       25       26       27           28        
  738      70-74.99       26       27       28       29           30        
  739      65-69.99       28       29       30       31           32        
  740      60-64.99       31       32       32       33           34        
  741      55-59.99       33       34       35       36           37        
  742      50-54.99       36       38       39       40           41        
  743      45-49.99       40       41       43       44           45        
  744      40-44.99       45       46       48       49           51        
  745    Less than 40     51       53       54       56           57        
  746  However, effective July 1, 2011, the tax rate per box on
  747  grapefruit that enters the primary channel of trade for use in
  748  processed forms may not exceed the tax rate per box in effect on
  749  May 1, 2011.
  750         3. The following maximum tax rates, expressed in cents per
  751  box, shall apply to oranges which enter the primary channel of
  752  trade for use in fresh form:
  753                  
  754  Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
  755   255 andgreater    23       24       25       26           26        
  756     245-254.9       24       25       26       27           27        
  757     235-244.9       25       26       27       28           28        
  758     225-234.9       26       27       28       29           30        
  759     215-224.9       28       28       29       30           31        
  760     205-214.9       29       30       31       32           33        
  761     195-204.9       30       31       32       33           34        
  762     185-194.9       32       33       34       35           36        
  763     175-184.9       34       35       36       37           38        
  764     165-174.9       36       37       38       39           40        
  765     155-164.9       38       39       40       41           43        
  766   Less than 155     41       42       43       44           46        
  767  However, effective July 1, 2011, the tax rate per box on oranges
  768  that enter the primary channel of trade for use in fresh form
  769  may not exceed the tax rate per box in effect on May 1, 2011.
  770         4. The following maximum tax rates, expressed in cents per
  771  box, shall apply to oranges which enter the primary channel of
  772  trade for use in processed form:
  773                  
  774  Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
  775   255 andgreater    15       16       16       17           17        
  776     245-254.9       16       16       17       17           18        
  777     235-244.9       17       17       18       18           19        
  778     225-234.9       17       18       18       19           19        
  779     215-224.9       18       19       19       20           20        
  780     205-214.9       19       20       20       21           21        
  781     195-204.9       20       21       21       22           22        
  782     185-194.9       21       22       22       23           24        
  783     175-184.9       22       23       23       24           25        
  784     165-174.9       23       24       25       26           26        
  785     155-164.9       25       26       26       27           28        
  786   Less than 155     27       27       28       29           30        
  787  However, effective July 1, 2011, the tax rate per box on oranges
  788  that enter the primary channel of trade for use in processed
  789  form may not exceed 25 cents per box.
  790         5. The actual tax rate levied each year upon oranges which
  791  enter the primary channel of trade for use in processed form,
  792  pursuant to this paragraph, paragraph (e), and subsection (4),
  793  shall also apply in that year to tangerines and citrus hybrids
  794  regulated by the Department of Citrus which enter the primary
  795  channel of trade for use in processed form.
  796         6. The following maximum tax rates, expressed in cents per
  797  box, shall apply to tangerines and citrus hybrids regulated by
  798  the Department of Citrus which enter the primary channel of
  799  trade for use in fresh form:
  800                  
  801  Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
  802   13 andgreater     24       24       25       26           27        
  803     12 - 12.99      26       26       27       28           29        
  804     11 - 11.99      28       29       30       30           31        
  805     10 - 10.99      31       31       32       33           34        
  806      9 - 9.99       34       35       36       37           38        
  807      8 - 8.99       38       39       40       41           42        
  808      7 - 7.99       43       44       45       47           48        
  809    Less than 7      49       51       52       54           56        
  810  However, effective July 1, 2011, the tax rate per box on
  811  tangerines and citrus hybrids regulated by the Department of
  812  Citrus which enter the primary channel of trade for use in fresh
  813  form may not exceed the tax rate per box in effect on May 1,
  814  2011.
  815         Section 29. The amendment to s. 601.15(3)(a), Florida
  816  Statutes, shall expire July 1, 2012, and the text of that
  817  subsection shall revert to that in existence on June 30, 2010,
  818  except that any amendments to such text enacted other than by
  819  this act shall be preserved and continue to operate to the
  820  extent that such amendments are not dependent upon the portions
  821  of text which expire pursuant to this section.
  822         Section 30. Effective upon this act becoming a law and in
  823  order to implement Specific Appropriations 2173 through 2195 of
  824  the 2011-2012 General Appropriations Act, subsection (3) of
  825  section 601.10, Florida Statutes, is amended to read:
  826         601.10 Powers of the Department of Citrus.—The Department
  827  of Citrus shall have and shall exercise such general and
  828  specific powers as are delegated to it by this chapter and other
  829  statutes of the state, which powers shall include, but shall not
  830  be confined to, the following:
  831         (3) To employ and, at its pleasure, discharge an executive
  832  director, a secretary, and such attorneys, clerks, and employees
  833  as it deems necessary and to outline his or her their powers and
  834  duties and fix his or her their compensation.
  835         (a) The executive director of the department shall be
  836  appointed by a majority vote of the commission for a term of 4
  837  years, except for the initial term, and is subject to
  838  confirmation by the Senate in the legislative session following
  839  appointment.
  840         1. The initial term of the executive director ends June 30,
  841  2011, and each subsequent 4-year term begins July 1, and shall
  842  be filled in the same manner as the original appointment.
  843         2. A vacancy for the executive director shall be filled for
  844  the unexpired portion of the term in the same manner as the
  845  original appointment.
  846         (b) The Department of Citrus may pay, or participate in the
  847  payment of, premiums for health, accident, and life insurance
  848  for its full-time employees, pursuant to such rules or
  849  regulations as it may adopt; and such payments are shall be in
  850  addition to the regular salaries of such full-time employees.
  851  The payment of such or similar benefits to its employees in
  852  foreign countries, including, but not limited to, social
  853  security, retirement, and other similar fringe benefit costs,
  854  may be in accordance with laws in effect in the country of
  855  employment, except that no benefits will be payable to employees
  856  not authorized for other state employees, as provided in the
  857  Career Service System.
  858         Section 31. The amendment to s. 601.10(3), Florida
  859  Statutes, shall expire July 1, 2012, and the text of that
  860  subsection shall revert to that in existence on June 30, 2010,
  861  except that any amendments to such text enacted other than by
  862  this act shall be preserved and continue to operate to the
  863  extent that such amendments are not dependent upon the portions
  864  of text which expire pursuant to this section.
  865         Section 32. In order to implement Specific Appropriation
  866  1648A of the 2011-2012 General Appropriations Act, paragraph (b)
  867  of subsection (3) of section 375.041, Florida Statutes, is
  868  amended to read:
  869         375.041 Land Acquisition Trust Fund.—
  870         (3)
  871         (b) In addition to the uses allowed under in paragraph (a),
  872  for the 2011-2012 2010-2011 fiscal year, moneys in the Land
  873  Acquisition Trust Fund are authorized for transfer to support
  874  the Total Maximum Daily Loads Program Clean Water State
  875  Revolving Fund, the Drinking Water State Revolving Fund, the
  876  Total Maximum Daily Loads programs, and the Marine Spatial
  877  Planning programs as provided in the General Appropriations Act.
  878  This paragraph expires July 1, 2012 2011.
  879         Section 33. In order to implement Specific Appropriation
  880  1580A of the 2011-2012 General Appropriations Act, subsection
  881  (12) of section 373.59, Florida Statutes, is amended to read:
  882         373.59 Water Management Lands Trust Fund.—
  883         (12) Notwithstanding subsection (8), and for the 2011-2012
  884  2010-2011 fiscal year only, the moneys from the Water Management
  885  Lands Trust Fund are shall be allocated as follows:
  886         (a) An amount necessary to pay debt service on bonds issued
  887  before February 1, 2009, by the South Florida Water Management
  888  District and the St. Johns River Water Management District,
  889  which are secured by revenues provided pursuant to this section,
  890  or to fund debt service reserve funds, rebate obligations, or
  891  other amounts payable with respect to such bonds;
  892         (b) Eight million dollars to be transferred to the General
  893  Revenue Fund; and
  894         (c) The remaining funds to be distributed to equally
  895  between the Suwannee River Water Management District, of which
  896  $500,000 may be used for minimum flows and levels. and the
  897  Northwest Florida Water Management District; and
  898         (d) For the 2010-2011 fiscal year only, the sum of $50,000
  899  from the Water Management Lands Trust Fund shall be transferred
  900  to the General Inspection Trust Fund in the Department of
  901  Agriculture and Consumer Services for the soil and water
  902  conservation districts for support services.
  903  
  904  This subsection expires July 1, 2012 2011.
  905         Section 34. In order to implement Specific Appropriations
  906  1649 through 1651, 1653, and section 34 of the 2011-2012 General
  907  Appropriations Act, paragraph (g) of subsection (1) of section
  908  403.1651, Florida Statutes, is reenacted to read:
  909         403.1651 Ecosystem Management and Restoration Trust Fund.—
  910         (1) There is created the Ecosystem Management and
  911  Restoration Trust Fund to be administered by the Department of
  912  Environmental Protection for the purposes of:
  913         (g) Funding activities to preserve and repair the state’s
  914  beaches as provided in ss. 161.091-161.212.
  915         Section 35. The amendment to s. 403.1651(1)(g), Florida
  916  Statutes, as carried forward by this act from chapter 2010-153,
  917  Laws of Florida, shall expire July 1, 2012, and the text of that
  918  subsection shall revert to that in existence on June 30, 2009,
  919  except that any amendments to such text enacted other than by
  920  this act shall be preserved and continue to operate to the
  921  extent that such amendments are not dependent upon the portions
  922  of text which expire pursuant to this section.
  923         Section 36. In order to implement Specific Appropriations
  924  1324 through 1475 of the 2011-2012 General Appropriations Act,
  925  subsection (2) of section 570.20, Florida Statutes, is amended
  926  to read:
  927         570.20 General Inspection Trust Fund.—
  928         (2) For the 2011-2012 2010-2011 fiscal year only and
  929  notwithstanding any other provision of law to the contrary, in
  930  addition to the spending authorized in subsection (1), moneys in
  931  the General Inspection Trust Fund may be appropriated for
  932  programs operated by the department which are related to the
  933  programs authorized by this chapter. This subsection expires
  934  July 1, 2012 2011.
  935         Section 37. In order to implement Specific Appropriation
  936  1703AA of the 2011-2012 General Appropriations Act, subsection
  937  (5) of section 403.7095, Florida Statutes, is amended to read:
  938         403.7095 Solid waste management grant program.—
  939         (5) Notwithstanding any other provision of this section to
  940  the contrary, and for the 2011-2012 2010-2011 fiscal year only,
  941  the Department of Environmental Protection shall award the sum
  942  of $2,400,000 in grants equally to counties having populations
  943  of fewer than 100,000 for waste tire and litter prevention,
  944  recycling education, and general solid waste programs. This
  945  subsection expires July 1, 2012 2011.
  946         Section 38. In order to implement Specific Appropriation
  947  1430 of the 2011-2012 General Appropriations Act and to provide
  948  consistency and continuity in the promotion of agriculture
  949  throughout the state, notwithstanding s. 287.057, Florida
  950  Statutes, the Department of Agriculture and Consumer Services
  951  may extend, revise, and renew current contracts or agreements
  952  created or entered into pursuant to chapter 2006-25, Laws of
  953  Florida. This section expires July 1, 2012.
  954         Section 39. In order to implement Specific Appropriation
  955  1578A of the 2011-2012 General Appropriations Act, and
  956  notwithstanding ss. 253.034, 253.0341, and 259.041, Florida
  957  Statutes, the disposition of state-owned lands is exempt from
  958  appraisal requirements under s. 253.034(6)(g)1., Florida
  959  Statutes, and disposition requirements under s. 253.034(15),
  960  Florida Statutes, if the proceeds of such conveyance will be
  961  used to purchase state-owned lands for preservation,
  962  conservation, or recreation purposes. On or before October 1,
  963  2011, all agencies shall submit a list of state-owned lands to
  964  the Board of Trustees of the Internal Improvement Trust Fund, to
  965  which the lands are titled, which are immediately available for
  966  lease or are surplus lands. Proceeds from the sale of such lands
  967  shall be deposited into the Florida Forever Trust Fund created
  968  by s. 259.1051, Florida Statutes, and used to acquire lands for
  969  preservation, conservation, or recreation purposes pursuant to
  970  the requirements of s. 259.105, Florida Statutes. The board of
  971  trustees shall ensure that, where appropriate, surplus or leased
  972  conservation lands are subject to perpetual conservation
  973  easements or other such restrictive covenants that run with the
  974  land and are duly recorded in the same manner as any other
  975  instrument affecting title to real property. This section
  976  expires July 1, 2012.
  977         Section 40. In order to implement Specific Appropriations
  978  1814, 1831, 1895, and 1907, subsection (3) is added to section
  979  379.204, Florida Statutes, to read:
  980         379.204 Federal Grants Trust Fund.—
  981         (3) The commission may transfer the cash balance
  982  originating from hunting and fishing license fees from other
  983  trust funds into the Federal Grants Trust Fund for the purpose
  984  of supporting cash flow needs. This subsection expires July 1,
  985  2012.
  986         Section 41. In order to implement Specific Appropriation
  987  1806 and notwithstanding the provisions of s. 379.2342(2),
  988  Florida Statutes, for the 2011-2012 fiscal year only, the Fish
  989  and Wildlife Conservation Commission shall suspend the
  990  publication of a printed version the Florida Wildlife Magazine
  991  and the operations of the Florida Wildlife Magazine Advisory
  992  Council.
  993         Section 42. In order to implement Specific Appropriations
  994  1918A through 1919, 1938A through 1938C, 1938E through 1938V,
  995  and 1976A through 1976K of the 2011-2012 General Appropriations
  996  Act, paragraph (a) of subsection (4) of section 339.135, Florida
  997  Statutes, is amended to read:
  998         339.135 Work program; legislative budget request;
  999  definitions; preparation, adoption, execution, and amendment.—
 1000         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
 1001         (a)1. To assure that no district or county is penalized for
 1002  local efforts to improve the State Highway System, the
 1003  department shall, for the purpose of developing a tentative work
 1004  program, allocate funds for new construction to the districts,
 1005  except for the turnpike enterprise, based on equal parts of
 1006  population and motor fuel tax collections. Funds for
 1007  resurfacing, bridge repair and rehabilitation, bridge fender
 1008  system construction or repair, public transit projects except
 1009  public transit block grants as provided in s. 341.052, and other
 1010  programs with quantitative needs assessments shall be allocated
 1011  based on the results of these assessments. The department may
 1012  not transfer any funds allocated to a district under this
 1013  paragraph to any other district except as provided in subsection
 1014  (7). Funds for public transit block grants shall be allocated to
 1015  the districts pursuant to s. 341.052. Funds for the intercity
 1016  bus program provided for under s. 5311(f) of the federal
 1017  nonurbanized area formula program shall be administered and
 1018  allocated directly to eligible bus carriers as defined in s.
 1019  341.031(12) at the state level rather than the district. In
 1020  order to provide state funding to support the intercity bus
 1021  program provided for under provisions of the federal 5311(f)
 1022  program, the department shall allocate an amount equal to the
 1023  federal share of the 5311(f) program from amounts calculated
 1024  pursuant to s. 206.46(3).
 1025         2. Notwithstanding the provisions of subparagraph 1., the
 1026  department shall allocate at least 50 percent of any new
 1027  discretionary highway capacity funds to the Florida Strategic
 1028  Intermodal System created pursuant to s. 339.61. Any remaining
 1029  new discretionary highway capacity funds shall be allocated to
 1030  the districts for new construction as provided in subparagraph
 1031  1. For the purposes of this subparagraph, the term “new
 1032  discretionary highway capacity funds” means any funds available
 1033  to the department above the prior year funding level for
 1034  capacity improvements, which the department has the discretion
 1035  to allocate to highway projects.
 1036         3. Notwithstanding subparagraphs 1. and 2. and ss.
 1037  201.15(1)(c)1.a.-d., 206.46(3), 334.044(26), and 339.2819(3),
 1038  and for the 2011-2012 2010-2011 fiscal year only, the department
 1039  shall reduce work program levels to balance the finance plan to
 1040  the revised funding levels resulting from any reduction in the
 1041  2011-2012 2010-2011 General Appropriations Act. This
 1042  subparagraph expires July 1, 2012 2011.
 1043         4. For the 2011-2012 2009-2010 fiscal year only, before
 1044  prior to any project or phase thereof is being deferred, the
 1045  department’s cash balances shall be as provided in paragraph
 1046  (6)(b), and the reductions in subparagraph 3. shall be made to
 1047  financial projects not programmed for contract letting as
 1048  identified with a work program contract class code 8 and the box
 1049  code RV. These reductions shall not negatively impact safety or
 1050  maintenance or project contingency percentage levels as of April
 1051  21, 2011 2009. This subparagraph expires July 1, 2012 2010.
 1052         5. Notwithstanding subparagraphs 1. and 2. and ss.
 1053  206.46(3) and 334.044(26), and for fiscal years 2009-2010
 1054  through 2013-2014 only, the department shall annually allocate
 1055  up to $15 million of the first proceeds of the increased
 1056  revenues estimated by the November 2009 Revenue Estimating
 1057  Conference to be deposited into the State Transportation Trust
 1058  Fund to provide for the portion of the transfer of funds
 1059  included in s. 343.58(4)(a)1.a. or 2.a., as whichever is
 1060  applicable. The transfer of funds included in s. 343.58(4) shall
 1061  not negatively impact projects included in fiscal years 2009
 1062  2010 through 2013-2014 of the work program as of July 1, 2009,
 1063  as amended pursuant to subsection (7). This subparagraph expires
 1064  July 1, 2014.
 1065         Section 43. In order to implement Specific Appropriations
 1066  1918B and 1938S of the 2011-2012 General Appropriations Act,
 1067  subsection (5) of section 339.135, Florida Statutes, is amended
 1068  to read:
 1069         339.135 Work program; legislative budget request;
 1070  definitions; preparation, adoption, execution, and amendment.—
 1071         (5) ADOPTION OF THE WORK PROGRAM.—
 1072         (a) The original approved budget for operational and fixed
 1073  capital expenditures for the department shall be the Governor’s
 1074  budget recommendation and the first year of the tentative work
 1075  program, as both are amended by the General Appropriations Act
 1076  and any other act containing appropriations. In accordance with
 1077  the appropriations act, the department shall, before prior to
 1078  the beginning of the fiscal year, adopt a final work program
 1079  which shall only include the original approved budget for the
 1080  department for the ensuing fiscal year, together with any roll
 1081  forwards approved pursuant to paragraph (6)(c), and the portion
 1082  of the tentative work program for the following 4 fiscal years
 1083  revised in accordance with the original approved budget for the
 1084  department for the ensuing fiscal year together with the said
 1085  roll forwards. The adopted work program may include only those
 1086  projects submitted as part of the tentative work program
 1087  developed under the provisions of subsection (4), plus any
 1088  projects which are separately identified by specific
 1089  appropriation in the General Appropriations Act and any roll
 1090  forwards approved pursuant to paragraph (6)(c). However, any
 1091  transportation project of the department which is identified by
 1092  specific appropriation in the General Appropriations Act shall
 1093  be deducted from the funds annually distributed to the
 1094  respective district pursuant to paragraph (4)(a). In addition,
 1095  the department shall not in any year include any project or
 1096  allocate funds to a program in the adopted work program that is
 1097  contrary to existing law for that particular year. Projects
 1098  shall not be undertaken unless they are listed in the adopted
 1099  work program.
 1100         (b) Notwithstanding paragraph (a), and for the 2011-2012
 1101  2010-2011 fiscal year only, the Department of Transportation
 1102  shall transfer funds to the Office of Tourism, Trade, and
 1103  Economic Development in an amount equal to $15 million
 1104  $20,300,000 for the purpose of funding transportation-related
 1105  needs of economic development projects. This transfer shall not
 1106  reduce, delete, or defer any existing projects funded, as of
 1107  July 1, 2011 2009, in the Department of Transportation’s 5-year
 1108  work program. This paragraph expires July 1, 2012 2011.
 1109         (c) Notwithstanding paragraph (a), and for the 2011-2012
 1110  fiscal year only, the Department of Transportation shall fund
 1111  airport development projects specified in the General
 1112  Appropriations Act and, unless requested by the airport sponsor,
 1113  may not reduce, delete, or defer any existing projects funded as
 1114  of July 1, 2011, in the Department of Transportation’s 5-year
 1115  work program. This paragraph expires July 1, 2012.
 1116         Section 44. In order to implement section 69 of the 2011
 1117  2012 General Appropriations Act, paragraph (n) of subsection (1)
 1118  of section 339.08, Florida Statutes, is amended to read:
 1119         339.08 Use of moneys in State Transportation Trust Fund.—
 1120         (1) The department shall expend moneys in the State
 1121  Transportation Trust Fund accruing to the department, in
 1122  accordance with its annual budget. The use of such moneys shall
 1123  be restricted to the following purposes:
 1124         (n) To pay administrative expenses incurred in accordance
 1125  with applicable laws for a multicounty transportation or
 1126  expressway authority created under chapter 343 or chapter 348
 1127  if, where jurisdiction for the authority includes a portion of
 1128  the State Highway System and the administrative expenses are in
 1129  furtherance of the duties and responsibilities of the authority
 1130  in the development of improvements to the State Highway System.
 1131  This paragraph expires July 1, 2012 2011.
 1132         Section 45. In order to implement section 110 of the 2011
 1133  2012 General Appropriations Act, subsection (4) of section
 1134  339.08, Florida Statutes, is amended to read:
 1135         339.08 Use of moneys in State Transportation Trust Fund.—
 1136         (4) For the 2011-2012 2010-2011 fiscal year only and
 1137  notwithstanding the provisions of this section and ss. 339.09(1)
 1138  and 215.32(2)(b)4., funds may be transferred from the State
 1139  Transportation Trust Fund to the State School Trust Fund or the
 1140  General Revenue Fund as specified in the General Appropriations
 1141  Act. Notwithstanding ss. 206.46(3) and 206.606(2), the total
 1142  amount transferred shall be reduced from total state revenues
 1143  deposited into the State Transportation Trust Fund for the
 1144  calculation requirements of ss. 206.46(3) and 206.606(2). This
 1145  subsection expires July 1, 2012 2011.
 1146         Section 46. In order to implement Specific Appropriations
 1147  2484A through 2484K of the 2011-2012 General Appropriations Act
 1148  and notwithstanding chapters 319 and 320, Florida Statutes, the
 1149  ownership of all vehicles currently used by the Office of Motor
 1150  Carrier Compliance within the Department of Transportation shall
 1151  be transferred to the Department of Highway Safety and Motor
 1152  Vehicles effective July 1, 2011, without payment of any titling
 1153  or registration fees.
 1154         Section 47. In order to implement Specific Appropriation
 1155  2008 of the 2011-2012 General Appropriations Act, subsection
 1156  (11) of section 445.009, Florida Statutes, is amended to read:
 1157         445.009 One-stop delivery system.—
 1158         (11)(a) A participant in an adult or youth work experience
 1159  activity administered under this chapter shall be deemed an
 1160  employee of the state for purposes of workers’ compensation
 1161  coverage. In determining the average weekly wage, all
 1162  remuneration received from the employer shall be considered a
 1163  gratuity, and the participant shall not be entitled to any
 1164  benefits otherwise payable under s. 440.15, regardless of
 1165  whether the participant may be receiving wages and remuneration
 1166  from other employment with another employer and regardless of
 1167  his or her future wage-earning capacity.
 1168         (b) This subsection expires July 1, 2012 2011.
 1169         Section 48. In order to implement Specific Appropriation
 1170  1498 of the 2011-2012 General Appropriations Act, paragraph (d)
 1171  of subsection (3) of section 163.3247, Florida Statutes, is
 1172  reenacted to read:
 1173         163.3247 Century Commission for a Sustainable Florida.—
 1174         (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; CREATION;
 1175  ORGANIZATION.—The Century Commission for a Sustainable Florida
 1176  is created as a standing body to help the citizens of this state
 1177  envision and plan their collective future with an eye towards
 1178  both 25-year and 50-year horizons.
 1179         (d) Members of the commission shall serve without
 1180  compensation.
 1181         Section 49. The amendment to s. 163.3247(3)(d), Florida
 1182  Statutes, as carried forward by this act from chapter 2010-153,
 1183  Laws of Florida, shall expire July 1, 2012, and the text of that
 1184  subsection shall revert to that in existence on June 30, 2010,
 1185  except that any amendments to such text enacted other than by
 1186  this act shall be preserved and continue to operate to the
 1187  extent that such amendments are not dependent upon the portions
 1188  of text which expire pursuant to this section.
 1189         Section 50. In order to implement Specific Appropriation
 1190  1498 of the 2011-2012 General Appropriations Act, paragraph (c)
 1191  of subsection (1) of section 201.15, Florida Statutes, is
 1192  reenacted to read:
 1193         201.15 Distribution of taxes collected.—All taxes collected
 1194  under this chapter are subject to the service charge imposed in
 1195  s. 215.20(1). Prior to distribution under this section, the
 1196  Department of Revenue shall deduct amounts necessary to pay the
 1197  costs of the collection and enforcement of the tax levied by
 1198  this chapter. Such costs and the service charge may not be
 1199  levied against any portion of taxes pledged to debt service on
 1200  bonds to the extent that the costs and service charge are
 1201  required to pay any amounts relating to the bonds. After
 1202  distributions are made pursuant to subsection (1), all of the
 1203  costs of the collection and enforcement of the tax levied by
 1204  this chapter and the service charge shall be available and
 1205  transferred to the extent necessary to pay debt service and any
 1206  other amounts payable with respect to bonds authorized before
 1207  January 1, 2010, secured by revenues distributed pursuant to
 1208  subsection (1). All taxes remaining after deduction of costs and
 1209  the service charge shall be distributed as follows:
 1210         (1) Sixty-three and thirty-one hundredths percent of the
 1211  remaining taxes shall be used for the following purposes:
 1212         (c) After the required payments under paragraphs (a) and
 1213  (b), the remainder shall be paid into the State Treasury to the
 1214  credit of:
 1215         1. The State Transportation Trust Fund in the Department of
 1216  Transportation in the amount of the lesser of 38.2 percent of
 1217  the remainder or $541.75 million in each fiscal year, to be used
 1218  for the following specified purposes, notwithstanding any other
 1219  law to the contrary:
 1220         a. For the purposes of capital funding for the New Starts
 1221  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
 1222  specified in s. 341.051, 10 percent of these funds;
 1223         b. For the purposes of the Small County Outreach Program
 1224  specified in s. 339.2818, 5 percent of these funds. Effective
 1225  July 1, 2014, the percentage allocated under this sub
 1226  subparagraph shall be increased to 10 percent;
 1227         c. For the purposes of the Strategic Intermodal System
 1228  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
 1229  of these funds after allocating for the New Starts Transit
 1230  Program described in sub-subparagraph a. and the Small County
 1231  Outreach Program described in sub-subparagraph b.; and
 1232         d. For the purposes of the Transportation Regional
 1233  Incentive Program specified in s. 339.2819, 25 percent of these
 1234  funds after allocating for the New Starts Transit Program
 1235  described in sub-subparagraph a. and the Small County Outreach
 1236  Program described in sub-subparagraph b. Effective July 1, 2014,
 1237  the first $60 million of the funds allocated pursuant to this
 1238  sub-subparagraph shall be allocated annually to the Florida Rail
 1239  Enterprise for the purposes established in s. 341.303(5).
 1240         2. The Grants and Donations Trust Fund in the Department of
 1241  Community Affairs in the amount of the lesser of .23 percent of
 1242  the remainder or $3.25 million in each fiscal year to fund
 1243  technical assistance to local governments and school boards on
 1244  the requirements and implementation of this act.
 1245         3. The Ecosystem Management and Restoration Trust Fund in
 1246  the amount of the lesser of 2.12 percent of the remainder or $30
 1247  million in each fiscal year, to be used for the preservation and
 1248  repair of the state’s beaches as provided in ss. 161.091
 1249  161.212.
 1250         4. General Inspection Trust Fund in the amount of the
 1251  lesser of .02 percent of the remainder or $300,000 in each
 1252  fiscal year to be used to fund oyster management and restoration
 1253  programs as provided in s. 379.362(3).
 1254  
 1255  Moneys distributed pursuant to this paragraph may not be pledged
 1256  for debt service unless such pledge is approved by referendum of
 1257  the voters.
 1258         Section 51. The amendment to s. 201.15(1)(c)2., Florida
 1259  Statutes, as carried forward by this act from chapter 2010-153,
 1260  Laws of Florida, shall expire July 1, 2012, and the text of that
 1261  subsection shall revert to that in existence on June 30, 2010,
 1262  except that any amendments to such text enacted other than by
 1263  this act shall be preserved and continue to operate to the
 1264  extent that such amendments are not dependent upon the portions
 1265  of text which expire pursuant to this section.
 1266         Section 52. In order to implement Specific Appropriations
 1267  1918A through 1919, 1938A through 1938C, 1938E through 1939V,
 1268  and 1976A through 1976K of the 2011-2012 General Appropriations
 1269  Act, subsection (3) of section 206.608, Florida Statutes, is
 1270  amended to read:
 1271         206.608 State Comprehensive Enhanced Transportation System
 1272  Tax; deposit of proceeds; distribution.—Moneys received pursuant
 1273  to ss. 206.41(1)(f) and 206.87(1)(d) shall be deposited in the
 1274  Fuel Tax Collection Trust Fund, and, after deducting the service
 1275  charge imposed in chapter 215 and administrative costs incurred
 1276  by the department in collecting, administering, enforcing, and
 1277  distributing the tax, which administrative costs may not exceed
 1278  2 percent of collections, shall be distributed as follows:
 1279         (3) For the 2011-2012 2010-2011 fiscal year only, and
 1280  notwithstanding the provisions of subsection (2), the remaining
 1281  proceeds of the tax levied pursuant to s. 206.41(1)(f) and all
 1282  of the proceeds from the tax imposed by s. 206.87(1)(d) shall be
 1283  transferred into the State Transportation Trust Fund and shall
 1284  be used for the purposes stated in s. 339.08. This subsection
 1285  expires July 1, 2012 2011.
 1286         Section 53. In order to implement Specific Appropriations
 1287  2453 through 2535A and notwithstanding s. 320.204, Florida
 1288  Statutes, for the 2011-2012 fiscal year only, funds may not be
 1289  transferred from the Highway Safety Operating Trust Fund to the
 1290  Transportation Disadvantaged Trust Fund in the Department of
 1291  Transportation.
 1292         Section 54. In order to implement Specific Appropriations
 1293  1918C, 1918H, 1918I and 1918J, and notwithstanding s.
 1294  341.303(6)(a), Florida Statutes, funding for passenger rail for
 1295  the 2011-2012 fiscal year is included in the Transportations
 1296  Systems Development budget entity.
 1297         Section 55. In order to implement Specific Appropriation
 1298  2484A, all sworn law enforcement employee positions classified
 1299  as “captain” or “major” in the Office of Motor Carrier
 1300  Compliance who are exempt from the career service in accordance
 1301  with s. 110.205(2)(m)3., Florida Statutes, shall be placed in
 1302  the career service upon transfer to the Florida Highway Patrol
 1303  in the Department of Highway Safety and Motor Vehicles.
 1304  Incumbents of captains and majors positions in the Office of
 1305  Motor Carrier Compliance as of June 30, 2011, who have 1 year of
 1306  satisfactory service in their positions shall receive permanent
 1307  status in that position within the Department of Highway Safety
 1308  and Motor Vehicles. It is the intent of the Legislature that the
 1309  incumbent of any career service position in the Office of Motor
 1310  Carrier Compliance as of June 30, 2011, retain his or her
 1311  current status upon transfer to the Department of Highway Safety
 1312  and Motor Vehicles as provided in the General Appropriations
 1313  Act.
 1314         Section 56. In order to implement Specific Appropriation
 1315  1938Q, for the 2011-2012 fiscal year only, and notwithstanding
 1316  s. 338.251, Florida Statutes, the Department of Transportation
 1317  is authorized to grant not more than $3 million in total from
 1318  the Toll Facilities Revolving Trust Fund to authorities created
 1319  under chapter 348, Florida Statutes, for preliminary
 1320  engineering, traffic, and revenue studies, environmental impact
 1321  studies, financial advisory services, engineering design, right
 1322  of-way map preparation, operations, other appropriate project
 1323  related professional services, and advanced right-of-way
 1324  acquisition.
 1325         Section 57. In order to implement the appropriation of
 1326  funds in appropriation category “Special Categories-Risk
 1327  Management Insurance” in the 2011-2012 General Appropriations
 1328  Act, and pursuant to the notice, review, and objection
 1329  procedures of s. 216.177, Florida Statutes, the Executive Office
 1330  of the Governor may transfer funds appropriated in that category
 1331  between departments in order to align the budget authority
 1332  granted with the premiums paid by each department for risk
 1333  management insurance. This section expires July 1, 2012.
 1334         Section 58. In order to implement the appropriation of
 1335  funds in the appropriation category “Special Categories-Transfer
 1336  to Department of Management Services-Human Resources Services
 1337  Purchased Per Statewide Contract” in the 2011-2012 General
 1338  Appropriations Act,” and pursuant to the notice, review, and
 1339  objection procedures of s. 216.177, Florida Statutes, the
 1340  Executive Office of the Governor may transfer funds appropriated
 1341  in that category between departments in order to align the
 1342  budget authority granted with the assessments that must be paid
 1343  by each agency to the Department of Management Services for
 1344  human resource management services. This section expires July 1,
 1345  2012.
 1346         Section 59. In order to implement specific appropriations
 1347  for salaries and benefits in the 2011-2012 General
 1348  Appropriations Act, paragraph (a) of subsection (12) of section
 1349  110.123, Florida Statutes, is amended to read:
 1350         110.123 State group insurance program.—
 1351         (12) HEALTH SAVINGS ACCOUNTS.—The department is authorized
 1352  to establish health savings accounts for full-time and part-time
 1353  state employees in association with a health insurance plan
 1354  option authorized by the Legislature and conforming to the
 1355  requirements and limitations of federal provisions relating to
 1356  the Medicare Prescription Drug, Improvement, and Modernization
 1357  Act of 2003.
 1358         (a)1. A member participating in this health insurance plan
 1359  option is shall be eligible to receive an employer contribution
 1360  into the employee’s health savings account from the State
 1361  Employees Health Insurance Trust Fund in an amount to be
 1362  determined by the Legislature. A member is not eligible for an
 1363  employer contribution upon termination of employment. For the
 1364  2011-2012 2010-2011 fiscal year, the state’s monthly
 1365  contribution for employees having individual coverage shall be
 1366  $41.66 and the monthly contribution for employees having family
 1367  coverage shall be $83.33.
 1368         2. A member participating in this health insurance plan
 1369  option is shall be eligible to deposit the member’s own funds
 1370  into a health savings account.
 1371         Section 60. In order to implement section 8 of the 2011
 1372  2012 General Appropriations Act, paragraph (j) of subsection (3)
 1373  of section 110.123, Florida Statutes, is amended to read:
 1374         110.123 State group insurance program.—
 1375         (3) STATE GROUP INSURANCE PROGRAM.—
 1376         (j) Notwithstanding the provisions of paragraph (f)
 1377  requiring uniform contributions, and for the 2011-2012 2010-2011
 1378  fiscal year only, the state contribution toward the cost of any
 1379  plan in the state group insurance plan is shall be the
 1380  difference between the overall premium and the employee
 1381  contribution. This subsection expires June 30, 2012 2011.
 1382         Section 61. In order to implement specific appropriations
 1383  for salaries and benefits in the 2011-2012 General
 1384  Appropriations Act, paragraph (b) of subsection (3) of section
 1385  112.24, Florida Statutes, is amended to read:
 1386         112.24 Intergovernmental interchange of public employees.
 1387  To encourage economical and effective utilization of public
 1388  employees in this state, the temporary assignment of employees
 1389  among agencies of government, both state and local, and
 1390  including school districts and public institutions of higher
 1391  education is authorized under terms and conditions set forth in
 1392  this section. State agencies, municipalities, and political
 1393  subdivisions are authorized to enter into employee interchange
 1394  agreements with other state agencies, the Federal Government,
 1395  another state, a municipality, or a political subdivision
 1396  including a school district, or with a public institution of
 1397  higher education. State agencies are also authorized to enter
 1398  into employee interchange agreements with private institutions
 1399  of higher education and other nonprofit organizations under the
 1400  terms and conditions provided in this section. In addition, the
 1401  Governor or the Governor and Cabinet may enter into employee
 1402  interchange agreements with a state agency, the Federal
 1403  Government, another state, a municipality, or a political
 1404  subdivision including a school district, or with a public
 1405  institution of higher learning to fill, subject to the
 1406  requirements of chapter 20, appointive offices which are within
 1407  the executive branch of government and which are filled by
 1408  appointment by the Governor or the Governor and Cabinet. Under
 1409  no circumstances shall employee interchange agreements be
 1410  utilized for the purpose of assigning individuals to participate
 1411  in political campaigns. Duties and responsibilities of
 1412  interchange employees shall be limited to the mission and goals
 1413  of the agencies of government.
 1414         (3) Salary, leave, travel and transportation, and
 1415  reimbursements for an employee of a sending party that is
 1416  participating in an interchange program shall be handled as
 1417  follows:
 1418         (b)1. The assignment of an employee of a state agency
 1419  either on detail or on leave of absence may be made without
 1420  reimbursement by the receiving party for the travel and
 1421  transportation expenses to or from the place of the assignment
 1422  or for the pay and benefits, or a part thereof, of the employee
 1423  during the assignment.
 1424         2. For the 2011-2012 2010-2011 fiscal year only, the
 1425  assignment of an employee of a state agency as provided in
 1426  subparagraph 1. may be made if recommended by the Governor or
 1427  Chief Justice, as appropriate, and approved by the chairs of the
 1428  legislative appropriations committees Senate Policy and Steering
 1429  Committee on Ways and Means and the House Full appropriations
 1430  Council on Education and Economic Development. Such actions
 1431  shall be deemed approved if neither chair provides written
 1432  notice of objection within 14 days after the chair’s receiving
 1433  notice of the action pursuant to s. 216.177. This subparagraph
 1434  expires July 1, 2012 2011.
 1435         Section 62. In order to implement Specific Appropriations
 1436  2536 and 2537 of the 2011-2012 General Appropriations Act and
 1437  notwithstanding the provisions of s. 11.13(1), Florida Statutes,
 1438  the authorized salaries for members of the Legislature for the
 1439  2011-2012 fiscal year shall be set at the same level in effect
 1440  on July 1, 2010. This section expires July 1, 2012.
 1441         Section 63. If HB 5011 or similar legislation fails to
 1442  become law and notwithstanding s. 27.709, Florida Statutes, in
 1443  order to implement Specific Appropriations 760 through 762 of
 1444  the 2011-2012 General Appropriations Act, subsection (1) of
 1445  section 27.710, Florida Statutes, is amended to read:
 1446         27.710 Registry of attorneys applying to represent persons
 1447  in postconviction capital collateral proceedings; certification
 1448  of minimum requirements; appointment by trial court.—
 1449         (1) The executive director of the Justice Administrative
 1450  Commission on Capital Cases shall compile and maintain a
 1451  statewide registry of attorneys in private practice who have
 1452  certified that they meet the minimum requirements of s.
 1453  27.704(2), who are available for appointment by the court under
 1454  this section to represent persons convicted and sentenced to
 1455  death in this state in postconviction collateral proceedings,
 1456  and who have attended within the last year a continuing legal
 1457  education program of at least 10 hours’ duration devoted
 1458  specifically to the defense of capital cases, if available.
 1459  Continuing legal education programs meeting the requirements of
 1460  this rule offered by The Florida Bar or another recognized
 1461  provider and approved for continuing legal education credit by
 1462  The Florida Bar shall satisfy this requirement. The failure to
 1463  comply with this requirement may be cause for removal from the
 1464  list until the requirement is fulfilled. To ensure that
 1465  sufficient attorneys are available for appointment by the court,
 1466  if when the number of attorneys on the registry falls below 50,
 1467  the executive director shall notify the chief judge of each
 1468  circuit by letter and request the chief judge to promptly submit
 1469  the names of at least three private attorneys who regularly
 1470  practice criminal law in that circuit and who appear to meet the
 1471  minimum requirements to represent persons in postconviction
 1472  capital collateral proceedings. The executive director shall
 1473  send an application to each attorney identified by the chief
 1474  judge so that the attorney may register for appointment as
 1475  counsel in postconviction capital collateral proceedings. As
 1476  necessary, the executive director may also advertise in legal
 1477  publications and other appropriate media for qualified attorneys
 1478  interested in registering for appointment as counsel in
 1479  postconviction capital collateral proceedings. Not later than
 1480  September 1 of each year, and as necessary thereafter, the
 1481  executive director shall provide to the Chief Justice of the
 1482  Supreme Court, the chief judge and state attorney in each
 1483  judicial circuit, and the Attorney General a current copy of its
 1484  registry of attorneys who are available for appointment as
 1485  counsel in postconviction capital collateral proceedings. The
 1486  registry must be indexed by judicial circuit and must contain
 1487  the requisite information submitted by the applicants in
 1488  accordance with this section.
 1489         Section 64. The amendment to s. 27.710(1), Florida
 1490  Statutes, shall expire July 1, 2012, and the text of that
 1491  subsection shall revert to that in existence on June 30, 2011,
 1492  except that any amendments to such text enacted other than by
 1493  this act shall be preserved and continue to operate to the
 1494  extent that such amendments are not dependent upon the portions
 1495  of text which expire pursuant to this section.
 1496         Section 65. In order to implement the transfer of funds to
 1497  the State School Trust Fund from trust funds in the 2011-2012
 1498  General Appropriations Act, paragraph (b) of subsection (2) of
 1499  section 215.32, Florida Statutes, is reenacted and amended to
 1500  read:
 1501         215.32 State funds; segregation.—
 1502         (2) The source and use of each of these funds shall be as
 1503  follows:
 1504         (b)1. The trust funds shall consist of moneys received by
 1505  the state which under law or under trust agreement are
 1506  segregated for a purpose authorized by law. The state agency or
 1507  branch of state government receiving or collecting such moneys
 1508  are shall be responsible for their proper expenditure as
 1509  provided by law. Upon the request of the state agency or branch
 1510  of state government responsible for the administration of the
 1511  trust fund, the Chief Financial Officer may establish accounts
 1512  within the trust fund at a level considered necessary for proper
 1513  accountability. Once an account is established within a trust
 1514  fund, the Chief Financial Officer may authorize payment from
 1515  that account only upon determining that there is sufficient cash
 1516  and releases at the level of the account.
 1517         2. In addition to other trust funds created by law, to the
 1518  extent possible, each agency shall use the following trust funds
 1519  as described in this subparagraph for day-to-day operations:
 1520         a. Operations or operating trust fund, for use as a
 1521  depository for funds to be used for program operations funded by
 1522  program revenues, with the exception of administrative
 1523  activities when the operations or operating trust fund is a
 1524  proprietary fund.
 1525         b. Operations and maintenance trust fund, for use as a
 1526  depository for client services funded by third-party payors.
 1527         c. Administrative trust fund, for use as a depository for
 1528  funds to be used for management activities that are departmental
 1529  in nature and funded by indirect cost earnings and assessments
 1530  against trust funds. Proprietary funds are excluded from the
 1531  requirement of using an administrative trust fund.
 1532         d. Grants and donations trust fund, for use as a depository
 1533  for funds to be used for allowable grant or donor agreement
 1534  activities funded by restricted contractual revenue from private
 1535  and public nonfederal sources.
 1536         e. Agency working capital trust fund, for use as a
 1537  depository for funds to be used pursuant to s. 216.272.
 1538         f. Clearing funds trust fund, for use as a depository for
 1539  funds to account for collections pending distribution to lawful
 1540  recipients.
 1541         g. Federal grant trust fund, for use as a depository for
 1542  funds to be used for allowable grant activities funded by
 1543  restricted program revenues from federal sources.
 1544  
 1545  To the extent possible, each agency must adjust its internal
 1546  accounting to use existing trust funds consistent with the
 1547  requirements of this subparagraph. If an agency does not have
 1548  trust funds listed in this subparagraph and cannot make such
 1549  adjustment, the agency must recommend the creation of the
 1550  necessary trust funds to the Legislature no later than the next
 1551  scheduled review of the agency’s trust funds pursuant to s.
 1552  215.3206.
 1553         3. All such moneys are hereby appropriated to be expended
 1554  in accordance with the law or trust agreement under which they
 1555  were received, subject always to the provisions of chapter 216
 1556  relating to the appropriation of funds and to the applicable
 1557  laws relating to the deposit or expenditure of moneys in the
 1558  State Treasury.
 1559         4.a. Notwithstanding any provision of law restricting the
 1560  use of trust funds to specific purposes, unappropriated cash
 1561  balances from selected trust funds may be authorized by the
 1562  Legislature for transfer to the State School Trust Fund, Budget
 1563  Stabilization Fund, and General Revenue Fund in the General
 1564  Appropriations Act.
 1565         b. This subparagraph does not apply to trust funds required
 1566  by federal programs or mandates; trust funds established for
 1567  bond covenants, indentures, or resolutions whose revenues are
 1568  legally pledged by the state or public body to meet debt service
 1569  or other financial requirements of any debt obligations of the
 1570  state or any public body; the Division of Licensing Trust Fund
 1571  in the Department of Agriculture and Consumer Services; the
 1572  State Transportation Trust Fund; the trust fund containing the
 1573  net annual proceeds from the Florida Education Lotteries; the
 1574  Florida Retirement System Trust Fund; trust funds under the
 1575  management of the State Board of Education or the Board of
 1576  Governors of the State University System, where such trust funds
 1577  are for auxiliary enterprises, self-insurance, and contracts,
 1578  grants, and donations, as those terms are defined by general
 1579  law; trust funds that serve as clearing funds or accounts for
 1580  the Chief Financial Officer or state agencies; trust funds that
 1581  account for assets held by the state in a trustee capacity as an
 1582  agent or fiduciary for individuals, private organizations, or
 1583  other governmental units; and other trust funds authorized by
 1584  the State Constitution.
 1585         Section 66. The amendment to s. 215.32(2)(b), Florida
 1586  Statutes, as carried forward by this act from chapter 2010-153,
 1587  Laws of Florida, shall expire July 1, 2012, and the text of that
 1588  subsection shall revert to that in existence on June 30, 2010,
 1589  except that any amendments to such text enacted other than by
 1590  this act shall be preserved and continue to operate to the
 1591  extent that such amendments are not dependent upon the portions
 1592  of text which expire pursuant to this section.
 1593         Section 67. In order to implement the transfer of moneys to
 1594  the General Revenue Fund from trust funds in the 2011-2012
 1595  General Appropriations Act, paragraph (b) of subsection (4) of
 1596  section 215.5601, Florida Statutes, is reenacted and amended to
 1597  read:
 1598         215.5601 Lawton Chiles Endowment Fund.—
 1599         (4) ADMINISTRATION.—
 1600         (b) The endowment shall be managed as an annuity. The
 1601  investment objective is the shall be long-term preservation of
 1602  the real value of the net contributed principal and a specified
 1603  regular annual cash outflow for appropriation, as nonrecurring
 1604  revenue. From the annual cash outflow, a pro rata share shall be
 1605  used solely for biomedical research activities as provided in
 1606  paragraph (3)(d), until such time as cures are found for
 1607  tobacco-related cancer and heart and lung disease. Five percent
 1608  of the annual cash outflow dedicated to the biomedical research
 1609  portion of the endowment shall be reinvested and applied to that
 1610  portion of the endowment’s principal, with the remainder to be
 1611  spent on biomedical research activities consistent with this
 1612  section. The schedule of annual cash outflow must shall be
 1613  included within the investment plan adopted under paragraph (a).
 1614  Withdrawals other than specified regular cash outflow are shall
 1615  be considered reductions in contributed principal for the
 1616  purposes of this subsection.
 1617         Section 68. The amendment to s. 215.5601(b), Florida
 1618  Statutes, as carried forward by this act from chapter 2010-153,
 1619  Laws of Florida, shall expire July 1, 2012, and the text of that
 1620  subsection shall revert to that in existence on June 30, 2010,
 1621  except that any amendments to such text enacted other than by
 1622  this act shall be preserved and continue to operate to the
 1623  extent that such amendments are not dependent upon the portions
 1624  of text which expire pursuant to this section.
 1625         Section 69. In order to implement the issuance of new debt
 1626  authorized in the 2011-2012 General Appropriations Act, and
 1627  pursuant to s. 215.98, Florida Statutes, the Legislature
 1628  determines that the authorization and issuance of debt for the
 1629  2011-2012 fiscal year should be implemented, is in the best
 1630  interest of the state, and necessary to address a critical state
 1631  emergency. This section expires July 1, 2012.
 1632         Section 70. In order to implement the funds appropriated in
 1633  the 2011-2012 General Appropriations Act for state employee
 1634  travel, the funds appropriated to each state agency, which may
 1635  be used for travel by state employees, are limited during the
 1636  2011-2012 fiscal year to travel for activities that are critical
 1637  to each state agency’s mission. Funds may not be used to pay for
 1638  travel by state employees to foreign countries, other states,
 1639  conferences, staff-training activities, or other administrative
 1640  functions unless the agency head has approved in writing that
 1641  such activities are critical to the agency’s mission. The agency
 1642  head must consider the use of teleconferencing and other forms
 1643  of electronic communication to meet the needs of the proposed
 1644  activity before approving mission-critical travel. This section
 1645  does not apply to travel for law enforcement purposes, military
 1646  purposes, emergency management activities, or public health
 1647  activities. This section expires July 1, 2012.
 1648         Section 71. In order to implement the appropriations
 1649  authorized in the 2011-2012 General Appropriations Act for each
 1650  of the state’s designated primary data centers, which are funded
 1651  from the data processing appropriation category and other
 1652  categories used to pay for computing services of user agencies,
 1653  and pursuant to the notice, review, and objection procedures of
 1654  s. 216.177, Florida Statutes, the Executive Office of the
 1655  Governor may transfer funds appropriated in any appropriation
 1656  category used to pay for data processing in the 2011-2012
 1657  General Appropriations Act between agencies in order to align
 1658  the budget authority granted with the utilization rate of each
 1659  department. This section expires July 1, 2012.
 1660         Section 72. State agencies that are required to begin
 1661  planning for a data center consolidation scheduled for a
 1662  subsequent fiscal year may accelerate the consolidation into the
 1663  2011-2012 fiscal year, contingent upon approval by the
 1664  Legislative Budget Commission of budget adjustments necessary to
 1665  accomplish the consolidation. The primary data center may
 1666  establish positions contingent on an equal or greater number of
 1667  positions being placed in reserve from the agency data centers
 1668  being consolidated. This section expires July 1, 2012.
 1669         Section 73. In order to implement Specific Appropriation
 1670  2690 of the 2011-2012 General Appropriations Act, the Executive
 1671  Office of the Governor may transfer funds appropriated in the
 1672  appropriation category “Expenses” of the 2011-2012 General
 1673  Appropriations Act between agencies in order to allocate a
 1674  reduction relating to SUNCOM Services. This section expires July
 1675  1, 2012.
 1676         Section 74. In order to implement section 8 of the General
 1677  Appropriations Act for the 2011-2012 fiscal year, paragraph (a)
 1678  of subsection (7) of section 110.12315, Florida Statutes, is
 1679  reenacted to read:
 1680         110.12315 Prescription drug program.—The state employees’
 1681  prescription drug program is established. This program shall be
 1682  administered by the Department of Management Services, according
 1683  to the terms and conditions of the plan as established by the
 1684  relevant provisions of the annual General Appropriations Act and
 1685  implementing legislation, subject to the following conditions:
 1686         (7) Under the state employees’ prescription drug program
 1687  copayments must be made as follows:
 1688         (a) Effective January 1, 2011, for the State Group Health
 1689  Insurance Standard Plan:
 1690         1. For generic drug with card.........................$7.
 1691         2. For preferred brand name drug with card...........$30.
 1692         3. For nonpreferred brand name drug with card........$50.
 1693         4. For generic mail order drug.......................$14.
 1694         5. For preferred brand name mail order drug..........$60.
 1695         6. For nonpreferred brand name mail order drug......$100.
 1696         Section 75. The amendment to s. 110.12315(7)(a), Florida
 1697  Statutes, as carried forward by this act from chapter 2010-153,
 1698  Laws of Florida, shall expire on July 1, 2012, and the text of
 1699  that paragraph shall revert to that in existence on December 31,
 1700  2010, except that any amendments to such text enacted other than
 1701  by this act shall be preserved and continue to operate to the
 1702  extent that such amendments are not dependent upon the portions
 1703  of text which expire pursuant to this section.
 1704         Section 76. In order to implement Specific Appropriations
 1705  2587 through 2597 of the 2011-2012 General Appropriations Act,
 1706  and notwithstanding chapter 255, Florida Statutes, the
 1707  Department of Management Services shall use the services of a
 1708  tenant broker to renegotiate all leases over 150,000 square
 1709  feet. Based on the renegotiations, and by September 30, 2011,
 1710  the department shall report to the Legislative Budget Commission
 1711  the projected savings, implementation costs, and recommendations
 1712  for leases to terminate.
 1713         (1) The report shall also identify any leases that do not
 1714  comply with state law or the State Constitution, including
 1715  noncompliance due to a nonappropriation clause, and include
 1716  recommendations to bring such leases into compliance by June 30,
 1717  2012.
 1718         (2) State agencies shall propose budget amendments pursuant
 1719  to chapter 216, Florida Statutes, to place the budget authority
 1720  associated with the cost savings into reserve. If it is
 1721  determined that additional savings may be derived from
 1722  consolidating, collocating, and or restacking office space, the
 1723  Executive Office of the Governor may transfer funds appropriated
 1724  between agencies, subject to the notice, review, and objection
 1725  procedures of s. 216.177, Florida Statutes.
 1726         (3) This section expires July 1, 2012.
 1727         Section 77. In order to implement appropriations used for
 1728  the payments of existing lease contracts for private office or
 1729  storage space in excess of 2,000 square feet, the Department of
 1730  Management Services, together with the cooperation of the
 1731  agencies having the existing lease contracts, shall seek to
 1732  renegotiate or reprocure all private lease agreements expiring
 1733  before June 30, 2013, in order to achieve a reduction in costs
 1734  in future years. The department shall incorporate this
 1735  initiative into its 2011 Master Leasing Report and may use
 1736  tenant broker services to explore the possibilities of
 1737  collocation, to review the space needs of each agency, and to
 1738  review the length and terms of potential renewals or
 1739  renegotiations. The department shall provide a report by March
 1740  1, 2012, to the Executive Office of the Governor, the President
 1741  of the Senate, and the Speaker of the House of Representatives
 1742  which lists each lease contract for private office or storage
 1743  space, the status of renegotiations, and the savings achieved.
 1744  This section expires July 1, 2012.
 1745         Section 78. In order to implement specific appropriations
 1746  for the purchase of pharmacy products in the 2011-2012 General
 1747  Appropriations Act the Department of Management Services shall
 1748  issue by November 1, 2011, a competitive solicitation pursuant
 1749  to chapter 287 for a pharmaceutical purchasing arrangement as a
 1750  state term contract. The solicitation shall invite group
 1751  purchasing organizations or other vendors to offer a system for
 1752  drug purchasing, excluding those drugs purchased by Medicaid,
 1753  which provides transparent pricing to the extent permitted by
 1754  federal law, permits purchases outside the agreement if such
 1755  purchases offer the best value to the state, and establishes a
 1756  preferred drug list that utilizes generic drugs to the extent
 1757  feasible and cost effective. The department shall work with
 1758  other agencies with subject matter expertise in the
 1759  implementation of this section. Award of any contract is
 1760  contingent upon the approval of the Legislative Budget
 1761  Commission that the requirements of this section have been met.
 1762  Upon approval of the Legislative Budget Commission, the
 1763  Department of Health shall terminate its participation in the
 1764  Minnesota Multistate Contracting Alliance for Pharmacy.
 1765         Section 79. In order to implement Specific Appropriation
 1766  193 of the 2011-2012 General Appropriations Act and
 1767  notwithstanding chapter 287, Florida Statutes, the Agency for
 1768  Health Care Administration shall competitively reprocure a
 1769  Florida Discount Drug Card Program to provide market competitive
 1770  discounts through a broad network of retail pharmacies and a
 1771  mail order pharmacy within the state and return money to the
 1772  state on a per prescription dispensed basis. Discounts shall be
 1773  available to Florida residents without income restrictions.
 1774  Residents shall be able to enroll and acquire a member
 1775  identification card from the participating pharmacies, online
 1776  and through text messaging, without a charge. Revenues derived
 1777  from this contract shall be deposited into the agency’s Grants
 1778  and Donations Trust Fund to reduce the cost of Medicaid pharmacy
 1779  purchases. This section expires July 1, 2012.
 1780         Section 80. In order to implement specific appropriations
 1781  for Expense and Other Capital Outlay in the 2011-2012 General
 1782  Appropriations Act, subsection (8) is added to section 946.515,
 1783  Florida Statutes, to read:
 1784         946.515 Use of goods and services produced in correctional
 1785  work programs.—
 1786         (8) On June 30, 2012, each state agency must submit a
 1787  report to the President of the Senate and the Speaker of the
 1788  House of Representatives which lists products or services
 1789  obtained from a source other than the corporation when a
 1790  comparable product or service could have been obtained from the
 1791  corporation. The report must include an explanation of why the
 1792  product or service was not obtained from the corporation. This
 1793  subsection expires July 1, 2012.
 1794         Section 81. Any section of this act which implements a
 1795  specific appropriation or specifically identified proviso
 1796  language in the 2011-2012 General Appropriations Act is void if
 1797  the specific appropriation or specifically identified proviso
 1798  language is vetoed. Any section of this act which implements
 1799  more than one specific appropriation or more than one portion of
 1800  specifically identified proviso language in the 2011-2012
 1801  General Appropriations Act is void if all the specific
 1802  appropriations or portions of specifically identified proviso
 1803  language are vetoed.
 1804         Section 82. If any other act passed during the 2011 Regular
 1805  Session contains a provision that is substantively the same as a
 1806  provision in this act, but that removes or is otherwise not
 1807  subject to the future repeal applied to such provision by this
 1808  act, the Legislature intends that the provision in the other act
 1809  takes precedence and continues to operate, notwithstanding the
 1810  future repeal provided by this act.
 1811         Section 83. If any provision of this act or its application
 1812  to any person or circumstance is held invalid, the invalidity
 1813  does not affect other provisions or applications of the act
 1814  which can be given effect without the invalid provision or
 1815  application, and to this end the provisions of this act are
 1816  severable.
 1817         Section 84. Except as otherwise expressly provided in this
 1818  act and except for this section, which shall take effect upon
 1819  this act becoming a law, this act shall take effect July 1,
 1820  2011; or, if this act fails to become a law until after that
 1821  date, it shall take effect upon becoming a law and shall operate
 1822  retroactively to July 1, 2011.