Florida Senate - 2011         (PROPOSED COMMITTEE BILL) SPB 7086
       
       
       
       FOR CONSIDERATION By the Committee on Budget
       
       
       
       
       576-02444E-11                                         20117086__
    1                        A bill to be entitled                      
    2         An act implementing the 2011-2012 General
    3         Appropriations Act; providing legislative intent;
    4         incorporating by reference certain calculations of the
    5         Florida Education Finance Program for the 2011-2012
    6         fiscal year; amending s. 216.292, F.S.; authorizing
    7         the transfer of funds between appropriation categories
    8         to fund fixed capital outlay projects for public
    9         schools upon certain approval; amending s. 394.908,
   10         F.S.; providing allocation requirements for specified
   11         funds appropriated for forensic mental health
   12         services; providing requirements relating to
   13         implementing phase 3 of the Department of Health’s
   14         Florida Onsite Sewage Nitrogen Reduction Strategies
   15         Study; requiring certain budget amendments
   16         recommending the release of funds to provide more
   17         notice and be subject to certain objection procedures;
   18         prohibiting an appropriation to pay for the lease of
   19         unneeded space due to reductions at the Department of
   20         Children and Family Services; authorizing the
   21         Department of Corrections and the Department of
   22         Juvenile Justice to make certain expenditures to
   23         defray costs incurred by a municipality or county as a
   24         result of opening or operating a facility under the
   25         authority of the respective entity; amending s.
   26         216.262, F.S.; providing for additional positions to
   27         operate additional prison bed capacity under certain
   28         circumstances; amending s. 945.025, F.S.; requiring
   29         the Department of Corrections to obtain certain
   30         approval before closing any correctional institution;
   31         authorizing the Department of Legal Affairs to
   32         transfer certain funds to pay salaries and benefits;
   33         authorizing the Department of Legal Affairs to spend
   34         certain appropriated funds on programs that were
   35         funded by the department from specific appropriations
   36         in general appropriations acts in previous years;
   37         amending s. 932.7055, F.S.; authorizing a municipality
   38         to expend funds from its special law enforcement trust
   39         fund to reimburse the municipality’s general fund;
   40         requiring that the Department of Juvenile Justice
   41         comply with specified reimbursement limitations with
   42         respect to payments to hospitals or health care
   43         providers for health care services; authorizing
   44         certain payments pursuant to a contracted rate only
   45         until the contract expires or is renewed; defining the
   46         term “hospital” for purposes of such limitations;
   47         amending s. 44.108, F.S.; authorizing use of moneys in
   48         the Mediation and Arbitration Trust Fund as specified
   49         in the General Appropriations Act; relieving the state
   50         court system of certain loan repayment obligations;
   51         authorizing the chief justice to request a loan under
   52         certain circumstances; creating the Judicial Caseload
   53         Incentive Plan; providing the purpose, performance
   54         goals, and financial awards of the program; requiring
   55         a report to the Legislature; amending s. 282.709,
   56         F.S.; allowing funds from the State Agency Law
   57         Enforcement Radio System Trust Fund to be used for
   58         mutual aid buildout maintenance and sustainment;
   59         requiring the Department of Management Services to
   60         issue a competitive solicitation for the Statewide Law
   61         Enforcement Radio System by a certain date and award
   62         the contract by a certain date; requiring the Florida
   63         Catastrophic Storm Risk Management Center at Florida
   64         State University to conduct an analysis using certain
   65         data; amending s. 253.034, F.S.; authorizing the
   66         deposit of funds derived from the sale of property by
   67         the Department of Citrus into the Citrus Advertising
   68         Trust Fund; amending s. 373.59, F.S.; providing for
   69         the allocation of moneys from the Water Management
   70         Lands Trust Fund for certain purposes; amending s.
   71         403.7095, F.S.; requiring that the Department of
   72         Environmental Protection award a specified amount in
   73         grants to certain counties for solid waste programs;
   74         authorizing the Department of Agriculture and Consumer
   75         Services to extend, revise, and renew current
   76         contracts or agreements created or entered into for
   77         the purpose of promotion of agriculture; providing
   78         that the acquisition and disposition of state-owned
   79         lands are exempt from appraisal requirements;
   80         requiring state agencies to provide a list of lands
   81         that are immediately available for lease or are
   82         surplus lands; requiring that the proceeds from the
   83         sale of such lands be deposited into the Florida
   84         Forever Trust Fund; authorizing the transfer of funds
   85         and positions to implement the transfer of certain
   86         agencies and offices; amending s. 339.08, F.S.;
   87         delaying the expiration of provisions relating to the
   88         use of moneys in the State Transportation Trust Fund
   89         for certain administrative expenses; authorizing funds
   90         in the State Transportation Trust Fund to be used for
   91         the County Incentive Grant Program, the Small County
   92         Outreach Program, the Transportation Regional
   93         Incentive Program, and certain transportation project
   94         contracts; providing for all vehicles within the
   95         Office of Motor Carrier Compliance to be transferred
   96         to the Department of Highway Safety and Motor Vehicles
   97         without the payment of certain fees; amending s.
   98         445.009, F.S.; providing that a participant in an
   99         adult or youth work experience activity under ch. 445,
  100         F.S., is an employee of the state for purposes of
  101         workers’ compensation coverage; creating the Florida
  102         Base Realignment and Closure Task Force; specifying
  103         the mission of the task force; providing for
  104         membership; requiring a progress report and work plan;
  105         authorizing the Executive Office of the Governor to
  106         transfer funds between departments for purposes of
  107         aligning amounts paid for risk management premiums and
  108         for purposes of aligning amounts paid for human
  109         resource management services; amending s. 110.123,
  110         F.S.; providing that the state contribution toward the
  111         cost of a plan is the difference between the overall
  112         premium and the employee contribution; amending s.
  113         112.24, F.S.; providing conditions on the assignment
  114         of an employee of a state agency without reimbursement
  115         from the receiving agency; providing that the annual
  116         salary of the members of the Legislature be reduced by
  117         a specified percentage; reenacting and amending s.
  118         215.32(2)(b), F.S., relating to the source and use of
  119         certain trust funds in order to implement the transfer
  120         of moneys in the General Revenue Fund from trust funds
  121         in the 2011-2012 General Appropriations Act;
  122         reenacting and amending s. 215.5601(4)(b), F.S.,
  123         relating to the administration of the Lawton Chiles
  124         Endowment Fund; providing for the authorization and
  125         issuance of new debt; limiting the use of travel funds
  126         to activities that are critical to an agency’s
  127         mission; providing exceptions; authorizing agencies
  128         scheduled for data center consolidation to accelerate
  129         such consolidation; authorizing the establishment of
  130         data center positions in exchange for agency positions
  131         placed in reserve; authoring an agency to transfer
  132         funds in order to support its e-mail system until its
  133         system is transferred to the statewide service vendor;
  134         authorizing the Executive Office of the Governor to
  135         transfer funds between agencies in order to allocate a
  136         reduction relating to SUNCOM; authorizing the
  137         Executive Office of the Governor to transfer
  138         appropriations into categories for the purpose of
  139         tracking American Recovery and Reinvestment Act funds;
  140         amending s. 216.292, F.S.; authorizing the Executive
  141         Office of the Governor to recommend the initiation of
  142         fixed capital outlay projects funded through the
  143         American Recovery and Reinvestment Act of 2009;
  144         reenacting s. 110.12315(7)(a), F.S., relating to
  145         copayments for the state employees’ prescription drug
  146         program; directing the Department of Management
  147         Services to use a tenant broker to renegotiate all
  148         leases involving multiple state agency tenants;
  149         requiring a report to the Legislative Budget
  150         Commission; requiring the department to renegotiate
  151         certain leases in order to achieve a reduction in cost
  152         and provide a report to the Governor and Legislature
  153         on such activities by a certain date; requiring the
  154         department to issue a solicitation for the Minnesota
  155         Multistate Contracting Alliance for Pharmacy agreement
  156         as a state term contract; requiring the department to
  157         use generic drugs were feasible in developing its
  158         preferred drug list; requiring the Agency for Health
  159         Care Administration to reprocure the Florida Discount
  160         Drug Card Program; providing requirements for the
  161         program; providing that revenues derived from the
  162         contract be deposited into the agency’s Grants and
  163         Donations Trust Fund; providing for the effect of a
  164         veto of one or more specific appropriations or proviso
  165         to which implementing language refers; providing for
  166         reversion of statutory text of certain provisions;
  167         providing for the continued operation of certain
  168         provisions notwithstanding a future repeal or
  169         expiration provided by the act; providing for
  170         severability; providing effective dates.
  171  
  172  Be It Enacted by the Legislature of the State of Florida:
  173  
  174         Section 1. It is the intent of the Legislature that the
  175  implementing and administering provisions of this act apply to
  176  the General Appropriations Act for the 2011-2012 fiscal year.
  177         Section 2. In order to implement Specific Appropriations 6,
  178  7, 8, 68, and 69 of the 2011-2012 General Appropriations Act,
  179  the calculations of the Florida Education Finance Program for
  180  the 2011-2012 fiscal year in the document entitled “Public
  181  School Funding-The Florida Education Finance Program,” dated
  182  April 6, 2011, and filed with the Secretary of the Senate, are
  183  incorporated by reference for the purpose of displaying the
  184  calculations used by the Legislature, consistent with the
  185  requirements of the Florida Statutes, in making appropriations
  186  for the Florida Education Finance Program.
  187         Section 3. In order to implement Specific Appropriations
  188  15A and 15B of the 2011-2012 General Appropriations Act,
  189  paragraph (c) of subsection (3) of section 216.292, Florida
  190  Statutes, is amended to read:
  191         216.292 Appropriations nontransferable; exceptions.—
  192         (3) The following transfers are authorized with the
  193  approval of the Executive Office of the Governor for the
  194  executive branch or the Chief Justice for the judicial branch,
  195  subject to the notice and objection provisions of s. 216.177:
  196         (c) The transfer of appropriations for fixed capital outlay
  197  from the Survey Recommended Needs-Public Schools appropriation
  198  category to the Maintenance, Repair, Renovation and Remodeling
  199  appropriation category. The allocation of transferred funds must
  200  shall be in accordance with s. 1013.62 1013.64(1). This
  201  paragraph expires July 1, 2012 2011.
  202         Section 4. In order to implement Specific Appropriations
  203  310 through 339 of the 2011-2012 General Appropriations Act,
  204  paragraphs (b) and (c) of subsection (3) of section 394.908,
  205  Florida Statutes, are amended to read:
  206         394.908 Substance abuse and mental health funding equity;
  207  distribution of appropriations.—In recognition of the historical
  208  inequity in the funding of substance abuse and mental health
  209  services for the department’s districts and regions and to
  210  rectify this inequity and provide for equitable funding in the
  211  future throughout the state, the following funding process shall
  212  be used:
  213         (3)
  214         (b) Notwithstanding paragraph (a) and for the 2011-2012
  215  2010-2011 fiscal year only, funds appropriated for forensic
  216  mental health treatment services shall be allocated to the areas
  217  of the state having the greatest demand for services and
  218  treatment capacity. This paragraph expires July 1, 2012 2011.
  219         (c) Notwithstanding paragraph (a) and for the 2011-2012
  220  2010-2011 fiscal year only, additional funds appropriated for
  221  substance abuse and mental health services from funds available
  222  through the Community-Based Medicaid Administrative Claiming
  223  Program shall be allocated as provided in the 2010-2011 General
  224  Appropriations Act and in proportion to contributed provider
  225  earnings. This paragraph expires July 1, 2012 2011.
  226         Section 5. In order to implement Specific Appropriation 465
  227  of the 2011-2012 General Appropriations Act, and for the 2011
  228  2012 fiscal year only, the following requirements govern Phase 3
  229  of the Department of Health’s Florida Onsite Sewage Nitrogen
  230  Reduction Strategies Study:
  231         (1) The Department of Health’s underlying contract for the
  232  study remains in full force and effect and funding for Phase 3
  233  is through the Department of Health.
  234         (2) The Department of Health, the Department of Health’s
  235  Research Review and Advisory Committee, and the Department of
  236  Environmental Protection shall work together to provide the
  237  necessary technical oversight of Phase 3.
  238         (3) Management and oversight of Phase 3 must be consistent
  239  with the terms of the existing contract. However, the main focus
  240  and priority to be completed during Phase 3 shall be developing,
  241  testing, and recommending cost-effective passive technology
  242  design criteria for nitrogen reduction.
  243         (4) The systems installed at homesites are experimental in
  244  nature and shall be installed with significant field testing and
  245  monitoring. The Department of Health is specifically authorized
  246  to allow installation of these experimental systems.
  247  Notwithstanding any other law, before Phase 3 of the study is
  248  completed, a state agency may not adopt or implement a rule or
  249  policy that:
  250         (a) Mandates, establishes, or implements more restrictive
  251  nitrogen-reduction standards to existing or new onsite sewage
  252  treatment systems or modification of such systems; or
  253         (b) Directly or indirectly requires the use of performance
  254  based treatment systems or similar technology if the Department
  255  of Environmental Protection’s administrative orders recognizing
  256  onsite system modifications, developed through a basin
  257  management action plan adopted pursuant to s. 403.067, Florida
  258  Statutes, are not subject to the restrictions if the
  259  implementation of onsite system modifications is to be phased in
  260  after completion of Phase 3.
  261         Section 6. In order to implement Specific Appropriation 536
  262  of the 2011-2012 General Appropriations Act, notwithstanding s.
  263  216.177, Florida Statutes, requiring only 3 days’ notice to the
  264  Legislature for the release of funds, budget amendments
  265  recommending the release of funds shall be provided at least 14
  266  days before the effective date of the action and are subject to
  267  the objection procedures in s. 216.177(2)(b), Florida Statutes.
  268         Section 7. Funds in Specific Appropriations 259 through
  269  357, may not be used to pay for any leased space identified in
  270  writing by the Secretary of Children and Family Services as no
  271  longer needed due to reductions in authorized department
  272  functions and positions. The department shall provide affected
  273  landlords at least 6 months’ notification of lease termination.
  274  In the event of termination, the department may negotiate a
  275  lease for less space at the same location.
  276         Section 8. In order to fulfill legislative intent regarding
  277  the use of funds contained in Specific Appropriations 605, 616,
  278  628 and 1135 of the 2011-2012 General Appropriations Act, the
  279  Department of Corrections and the Department of Juvenile Justice
  280  may expend appropriated funds to assist in defraying costs that
  281  are incurred by a municipality or county and are associated with
  282  opening or operating a facility under the authority of the
  283  respective department. The amount paid for any facility may not
  284  exceed 1 percent of the cost to construct the facility, less
  285  building impact fees imposed by the municipality or county. This
  286  section expires July 1, 2012.
  287         Section 9. In order to implement Specific Appropriations
  288  570 through 688A and 726 through 759 of the 2011-2012 General
  289  Appropriations Act, subsection (4) of section 216.262, Florida
  290  Statutes, is amended to read:
  291         216.262 Authorized positions.—
  292         (4) Notwithstanding the provisions of this chapter relating
  293  to on increasing the number of authorized positions, and for the
  294  2011-2012 2010-2011 fiscal year only, if the actual inmate
  295  population of the Department of Corrections exceeds the inmate
  296  population projections of the February 21, 2011 19, 2010,
  297  Criminal Justice Estimating Conference by 1 percent for 2
  298  consecutive months or 2 percent for any month, the Executive
  299  Office of the Governor, with the approval of the Legislative
  300  Budget Commission, shall immediately notify the Criminal Justice
  301  Estimating Conference, which shall convene as soon as possible
  302  to revise the estimates. The Department of Corrections may then
  303  submit a budget amendment requesting the establishment of
  304  positions in excess of the number authorized by the Legislature
  305  and additional appropriations from unallocated general revenue
  306  sufficient to provide for essential staff, fixed capital
  307  improvements, and other resources to provide classification,
  308  security, food services, health services, and other variable
  309  expenses within the institutions to accommodate the estimated
  310  increase in the inmate population. All actions taken pursuant to
  311  the authority granted in this subsection are shall be subject to
  312  review and approval by the Legislative Budget Commission. This
  313  subsection expires July 1, 2012 2011.
  314         Section 10. In order to implement Specific Appropriations
  315  570 through 759, subsection (5) is added to section 945.025,
  316  Florida Statutes, to read:
  317         945.025 Jurisdiction of department.—
  318         (5) The department must receive prior approval from the
  319  Governor’s Office of Policy and Budget and the Legislative
  320  Budget Commission before closing, substantially reducing the use
  321  of, or changing the purpose of any state correctional
  322  institution as defined in s. 944.02. This subsection expires
  323  July 1, 2012.
  324         Section 11. In order to implement Specific Appropriations
  325  1253, 1267, 1274, 1295, and 1305 of the 2011-2012 General
  326  Appropriations Act, the Department of Legal Affairs may transfer
  327  cash remaining after required disbursements for Attorney General
  328  case numbers 09-CV-51614, 16-2008-CA-01-3142CV-C, and
  329  CACE08022328 from FLAIR account 41-74-2-601001-41100100-00
  330  181076-00 to the Operating Trust Fund to pay salaries and
  331  benefits. This section expires July 1, 2012.
  332         Section 12. In order to implement Specific Appropriation
  333  1290 of the 2011-2012 General Appropriations Act, the Department
  334  of Legal Affairs may expend appropriated funds in those specific
  335  appropriations on the same programs that were funded by the
  336  department pursuant to specific appropriations made in general
  337  appropriations acts in prior years. This section expires July 1,
  338  2012.
  339         Section 13. In order to implement Specific Appropriations
  340  1192 and 1198 of the 2011-2012 General Appropriations Act,
  341  paragraph (d) of subsection (4) of section 932.7055, Florida
  342  Statutes, is amended to read:
  343         932.7055 Disposition of liens and forfeited property.—
  344         (4) The proceeds from the sale of forfeited property shall
  345  be disbursed in the following priority:
  346         (d) Notwithstanding any other provision of this subsection,
  347  and for the 2011-2012 2010-2011 fiscal year only, the funds in a
  348  special law enforcement trust fund established by the governing
  349  body of a municipality may be expended to reimburse the general
  350  fund of the municipality for moneys advanced from the general
  351  fund to the special law enforcement trust fund before prior to
  352  October 1, 2001. This paragraph expires July 1, 2012 2011.
  353         Section 14. (1) In order to implement Specific
  354  Appropriations 1069, 1070, 1074, 1075, 1115, 1116, 1120, 1121,
  355  1126, 1127, 1130, 1131, 1132, 1141, and 1146 of the 2011-2012
  356  General Appropriations Act, the Department of Juvenile Justice
  357  must comply with the following reimbursement limitations:
  358         (a) Payments to a hospital or a health care provider may
  359  not exceed 110 percent of the Medicare allowable rate for any
  360  health care services provided if no contract exists between the
  361  department and the hospital or the health care provider
  362  providing services at a hospital;
  363         (b) The department may continue to make payments for health
  364  care services at the currently contracted rates through the
  365  current term of the contract if a contract has been executed
  366  between the department and a hospital or a health care provider
  367  providing services to a hospital; however, payments may not
  368  exceed 110 percent of the Medicare allowable rate after the
  369  current term of the contract expires or after the contract is
  370  renewed during the 2011-2012 fiscal year;
  371         (c) Payments may not exceed 110 percent of the Medicare
  372  allowable rate under a contract executed on or after July 1,
  373  2011, between the department and a hospital or health care
  374  provider providing services at a hospital;
  375         (d) Notwithstanding paragraphs (a), (b), and (c), the
  376  department may pay up to 125 percent of the Medicare allowable
  377  rate for health care services at a hospital that reports or has
  378  reported a negative operating margin for the previous fiscal
  379  year to the Agency for Health Care Administration through
  380  hospital-audited financial data; and
  381         (e) The department may not execute a contract for health
  382  care services at a hospital for rates other than rates based on
  383  a percentage of the Medicare allowable rate.
  384         (2) For purposes of this section, the term “hospital” means
  385  a hospital licensed under chapter 395, Florida Statutes.
  386         (3) This section expires July 1, 2012.
  387         Section 15. In order to implement section 7 of the 2011
  388  2012 General Appropriations Act, subsection (3) of section
  389  44.108, Florida Statutes, is amended to read:
  390         44.108 Funding of mediation and arbitration.—
  391         (3) For the 2011-2012 2010-2011 fiscal year only and
  392  notwithstanding any other provision of law to the contrary,
  393  moneys in the Mediation and Arbitration Trust Fund may be used
  394  as specified in the General Appropriations Act. This subsection
  395  expires July 1, 2012 2011.
  396         Section 16. In order to implement section 7 of the 2011
  397  2012 General Appropriations Act, and notwithstanding s. 215.18,
  398  Florida Statutes, the state court system is relieved of loan
  399  repayment obligations for loans made from the Mediation and
  400  Arbitration Trust Fund and the Court Education Trust Fund to the
  401  state court system during the 2010-2011 fiscal year. This
  402  section is effective upon this act becoming a law.
  403         Section 17. In order to implement section 7 of the 2011
  404  2012 General Appropriations Act, the Chief Justice of the
  405  Supreme Court may request a loan of funds pursuant to s. 215.18,
  406  Florida Statutes, notwithstanding the trust fund’s ability to
  407  repay the loan by the end of the fiscal year, if, at any time
  408  during the 2011-2012 fiscal year, the Revenue Estimating
  409  Conference projects that revenue deposited into the State Courts
  410  Revenue Trust Fund, less payment of the general revenue service
  411  charge, will be less than 98 percent of the amount appropriated
  412  from the trust fund in the General Appropriations Act for the
  413  2011-2012 fiscal year.
  414         Section 18. In order to implement Specific Appropriation
  415  2989A of the 2011-2012 General Appropriations Act, the Judicial
  416  Caseload Incentive Plan is established.
  417         (1) PURPOSE.—There is created the Judicial Caseload
  418  Incentive Plan, the purpose of which is to resolve civil
  419  disputes in a timely manner and to reduce legal costs in the
  420  state courts system by allowing judges within each judicial
  421  circuit who meet the established performance goals to earn a
  422  nonrecurring award.
  423         (2)PERFORMANCE GOALS.—The Legislature shall prescribe
  424  annual performance goals in the General Appropriations Act for
  425  specified case types in each judicial circuit. The Office of the
  426  State Courts Administrator shall calculate the performance of a
  427  circuit toward meeting its performance goal using data collected
  428  from the clerks of court. The office shall divide the annual
  429  performance goals into equal quarterly goals.
  430         (3)AWARDS.—
  431         (a)Based on data collected from the clerks of court, the
  432  Office of the State Courts Administrator shall collect data to
  433  determine if a circuit meets the performance goals for a
  434  quarter. The office shall evaluate performance relating to each
  435  goal separately, but may not consider performance data from
  436  prior quarters.
  437         (b) If the office determines that a circuit meets all of
  438  the performance goals for a quarter, each judge assigned the
  439  types of cases specified in the General Appropriations Act as
  440  part of the Judicial Caseload Incentive Plan shall receive an
  441  award for that quarter equal to $3,000.
  442         1. The office shall prorate the award of a judge who takes
  443  office during the quarter that the circuit meets its quarterly
  444  goals or who transfers into or out of the relevant divisions
  445  handling the types of cases specified in the Judicial Caseload
  446  Incentive Plan.
  447         2. A judge may not receive more than one full award per
  448  quarter.
  449         3. An award under this section is contingent upon the
  450  appropriation of, and shall be paid from, funds in the General
  451  Appropriations Act.
  452         (4)REPORTS.—Within 30 days after the end of each quarter,
  453  the Office of the State Courts Administrator shall report
  454  electronically to the chairs of the appropriations committees of
  455  the Senate and the House of Representatives the progress of each
  456  circuit in meeting performance goals for the quarter and the
  457  number and amount of awards provided.
  458         (5) EXPIRATION.—This section expires July 1, 2012.
  459         Section 19. In order to implement Specific Appropriation
  460  2701A of the 2011-2012 General Appropriation Act, subsection (3)
  461  of section 282.709, Florida Statutes, is amended to read:
  462         282.709 State agency law enforcement radio system and
  463  interoperability network.—
  464         (3)(a) The State Agency Law Enforcement Radio System Trust
  465  Fund is established in the department and funded from surcharges
  466  collected under ss. 318.18, 320.0802, and 328.72. Upon
  467  appropriation, moneys in the trust fund may be used by the
  468  department to acquire by competitive procurement the equipment,
  469  software, and engineering, administrative, and maintenance
  470  services it needs to construct, operate, and maintain the
  471  statewide radio system. Moneys in the trust fund from collected
  472  as a result of the surcharges set forth in ss. 318.18, 320.0802,
  473  and 328.72 shall be used to help fund the costs of the system.
  474  Upon completion of the system, moneys in the trust fund may also
  475  be used by the department for payment of the recurring
  476  maintenance costs of the system.
  477         (b) Funds from the State Agency Law Enforcement Radio
  478  System Trust Fund may be used by the department to fund mutual
  479  aid buildout maintenance and sustainment as appropriated by law.
  480  This paragraph expires July 1, 2012.
  481         Section 20. In order to implement Specific Appropriation
  482  2704 of the 2011-2012 General Appropriations Act, and
  483  notwithstanding chapter 287, Florida Statutes, the Department of
  484  Management Services shall issue a competitive solicitation for
  485  the operation of the Statewide Law Enforcement Radio System by
  486  September 1, 2011, to be awarded by December 31, 2011. The
  487  current contract for the system shall become null and void no
  488  later than June 30, 2012. This section expires July 1, 2012.
  489         Section 21. In order to implement specific appropriation
  490  2341A of the 2011-2012 General Appropriations Act, the Florida
  491  Catastrophic Storm Risk Management Center at Florida State
  492  University shall conduct the analysis as originally required in
  493  s. 164 of chapter 2004-390, Laws of Florida. Notwithstanding
  494  that section, the center shall use the most recent and available
  495  premium data for personal lines property and casualty insurance
  496  in completing the analysis.
  497         Section 22. In order to implement Specific Appropriations
  498  2173 through 2195 of the 2011-2012 General Appropriations Act,
  499  subsection (13) of section 253.034, Florida Statutes, as amended
  500  by chapter 2010-280, Laws of Florida, is amended to read:
  501         253.034 State-owned lands; uses.—
  502         (13) Notwithstanding the provisions of this section, funds
  503  derived from the sale of the Department of Citrus’ property
  504  located in Lakeland, Florida, shall are authorized to be
  505  deposited into the Citrus Advertising Trust Fund. This
  506  subsection expires July 1, 2012 2011.
  507         Section 23. In order to implement Specific Appropriation
  508  1580A of the 2011-2012 General Appropriations Act, subsection
  509  (12) of section 373.59, Florida Statutes, is amended to read:
  510         373.59 Water Management Lands Trust Fund.—
  511         (12) Notwithstanding subsection (8), and for the 2011-2012
  512  2010-2011 fiscal year only, the moneys from the Water Management
  513  Lands Trust Fund are shall be allocated as follows:
  514         (a) An amount necessary to pay debt service on bonds issued
  515  before February 1, 2009, by the South Florida Water Management
  516  District and the St. Johns River Water Management District,
  517  which are secured by revenues provided pursuant to this section,
  518  or to fund debt service reserve funds, rebate obligations, or
  519  other amounts payable with respect to such bonds;
  520         (b) Eight million dollars to be transferred to the General
  521  Revenue Fund; and
  522         (c) The remaining funds to be distributed to equally
  523  between the Suwannee River Water Management District. and the
  524  Northwest Florida Water Management District; and
  525         (d) For the 2010-2011 fiscal year only, the sum of $50,000
  526  from the Water Management Lands Trust Fund shall be transferred
  527  to the General Inspection Trust Fund in the Department of
  528  Agriculture and Consumer Services for the soil and water
  529  conservation districts for support services.
  530  
  531  This subsection expires July 1, 2012 2011.
  532         Section 24. In order to implement Specific Appropriation
  533  1703A of the 2011-2012 General Appropriations Act, subsection
  534  (5) of section 403.7095, Florida Statutes, is amended to read:
  535         403.7095 Solid waste management grant program.—
  536         (5) Notwithstanding any other provision of this section to
  537  the contrary, and for the 2011-2012 2010-2011 fiscal year only,
  538  the Department of Environmental Protection shall award the sum
  539  of $2,400,000 in grants equally to counties having populations
  540  of fewer than 100,000 for waste tire and litter prevention,
  541  recycling education, and general solid waste programs. This
  542  subsection expires July 1, 2012 2011.
  543         Section 25. In order to implement Specific Appropriation
  544  1430 of the 2011-2012 General Appropriations Act and to provide
  545  consistency and continuity in the promotion of agriculture
  546  throughout the state, notwithstanding s. 287.057, Florida
  547  Statutes, the Department of Agriculture and Consumer Services
  548  may extend, revise, and renew current contracts or agreements
  549  created or entered into pursuant to chapter 2006-25, Laws of
  550  Florida. This section expires July 1, 2012.
  551         Section 26. In order to implement Specific Appropriation
  552  1578A of the 2011-2012 General Appropriations Act, and
  553  notwithstanding ss. 253.034 and 259.041, Florida Statutes, the
  554  acquisition and disposition of state-owned lands are exempt from
  555  appraisal requirements if the proceeds of such conveyance will
  556  be used to purchase state-owned lands for preservation,
  557  conservation, or recreation purposes. On or before October 1,
  558  2011, all executive agencies shall submit a list of state-owned
  559  lands to the Board of Trustees of the Internal Improvement Trust
  560  Fund, to which the lands are titled, that are immediately
  561  available for lease or are surplus lands. Proceeds from the sale
  562  of such lands shall be deposited into the Florida Forever Trust
  563  Fund created by s. 259.1051, Florida Statutes, and used to
  564  acquire state-owned lands for preservation, conservation, or
  565  recreation purposes pursuant to the requirements of chapter 259,
  566  Florida Statutes. The board of trustees shall ensure that all
  567  surplus or leased state-owned lands are subject to perpetual
  568  conservation easements or other such restrictive covenants that
  569  run with the land and are duly recorded in the same manner as
  570  any other instrument affecting title to real property. This
  571  section expires July 1, 2012.
  572         Section 27. Notwithstanding ss. 216.292 and 216.351,
  573  Florida Statutes, upon approval by the Legislative Budget
  574  Commission, the Executive Office of the Governor may, if
  575  necessary, transfer funds and positions among agencies to
  576  implement the transfer of all or portions of the Department of
  577  Community Affairs, the Agency for Workforce Innovation, the
  578  Department of Education, and the Office of Tourism, Trade, and
  579  Economic Development to the Department of Jobs Florida; the
  580  Department of Community Affairs to the Department of
  581  Environmental Protection or the Department of Business and
  582  Professional Regulation; the Agency for Workforce Innovation to
  583  the Department of Education; and the Office of Motor Carrier
  584  Compliance within the Department of Transportation to the
  585  Department of Highway Safety and Motor Vehicles.
  586         Section 28. In order to implement section 98 of the 2011
  587  2012 General Appropriations Act, paragraph (n) of subsection (1)
  588  of section 339.08, Florida Statutes, is amended to read:
  589         339.08 Use of moneys in State Transportation Trust Fund.—
  590         (1) The department shall expend moneys in the State
  591  Transportation Trust Fund accruing to the department, in
  592  accordance with its annual budget. The use of such moneys shall
  593  be restricted to the following purposes:
  594         (n) To pay administrative expenses incurred in accordance
  595  with applicable laws for a multicounty transportation or
  596  expressway authority created under chapter 343 or chapter 348
  597  if, where jurisdiction for the authority includes a portion of
  598  the State Highway System and the administrative expenses are in
  599  furtherance of the duties and responsibilities of the authority
  600  in the development of improvements to the State Highway System.
  601  This paragraph expires July 1, 2012 2011.
  602         Section 29. In order to implement Specific Appropriation
  603  1938E of the 2011-2012 General Appropriations Act, and
  604  notwithstanding any other law, for the 2011-2012 fiscal year,
  605  $80,007,529 from the State Transportation Trust Fund shall be
  606  used for the County Incentive Grant Program created under s.
  607  339.2817, Florida Statutes. This section expires July 1, 2012.
  608         Section 30. In order to implement Specific Appropriation
  609  1938C of the 2011-2012 General Appropriations Act, and
  610  notwithstanding any other law, for the 2011-2012 fiscal year,
  611  $42,410,085 from the State Transportation Trust Fund shall be
  612  used for the Small County Outreach Program created under s.
  613  339.2818, Florida Statutes. This section expires July 1, 2012.
  614         Section 31. In order to implement Specific Appropriation
  615  1938I of the 2011-2012 General Appropriations Act, and
  616  notwithstanding any other law, for the 2011-2012 fiscal year,
  617  $72,242,353 from the State Transportation Trust Fund shall be
  618  used for the Transportation Regional Incentive Program created
  619  under s. 339.2819, Florida Statutes. This section expires July
  620  1, 2012.
  621         Section 32. In order to implement Specific Appropriation
  622  1938S of the 2011-2012 General Appropriations Act, and
  623  notwithstanding any other law, for the 2011-2012 fiscal year,
  624  $19,000,000 from the State Transportation Trust Fund shall be
  625  used for contracts for transportation projects under s.
  626  339.2821, Florida Statutes, as created by SB_7198. This section
  627  expires July 1, 2012.
  628         Section 33. Notwithstanding chapters 319 and 320, Florida
  629  Statutes, the ownership of all vehicles currently used by the
  630  Office of Motor Carrier Compliance within the Department of
  631  Transportation shall be transferred to the Department of Highway
  632  Safety and Motor Vehicles effective July 1, 2011, without
  633  payment of any titling or registration fees.
  634         Section 34. In order to implement Specific Appropriation
  635  2535BW of the 2011-2012 General Appropriations Act, subsection
  636  (11) of section 445.009, Florida Statutes, is amended to read:
  637         445.009 One-stop delivery system.—
  638         (11)(a) A participant in an adult or youth work experience
  639  activity administered under this chapter is shall be deemed an
  640  employee of the state for purposes of workers’ compensation
  641  coverage. In determining the average weekly wage, all
  642  remuneration received from the employer is shall be considered a
  643  gratuity, and the participant is shall not be entitled to any
  644  benefits otherwise payable under s. 440.15, regardless of
  645  whether the participant may be receiving wages and remuneration
  646  from other employment with another employer and regardless of
  647  his or her future wage-earning capacity.
  648         (b) This subsection expires July 1, 2012 2011.
  649         Section 35. In order to implement Specific Appropriation
  650  2535AH, the Florida Base Realignment and Closure Task Force is
  651  created. The mission of the task force is to make
  652  recommendations to prepare the state to effectively compete in
  653  any federal base realignment and closure action, to support the
  654  state’s position in research and development related to or
  655  arising out of military missions and contracting, and to improve
  656  the state’s military-friendly environment for serving members,
  657  military dependents, and military retirees and for businesses
  658  that bring military and base-related jobs to the state. The task
  659  force shall be comprised of the Governor or a designee, who
  660  shall be chair of the commission, the President of the Senate
  661  and Speaker of the House of Representatives, or their designees,
  662  who shall be vice chairs, and 10 members appointed as follows:
  663  four members appointed by the Governor, three members appointed
  664  by the President of the Senate, and three members appointed by
  665  the Speaker of the House of Representatives. The Commissioner of
  666  Jobs Florida or a designee shall be the ex officio, nonvoting
  667  executive director of the task force. Appointed members must
  668  represent defense-related industries and communities that host
  669  military bases and installations. All appointments must be made
  670  by August 15, 2011, and the Governor or a designee shall
  671  schedule and conduct the first meeting of the task force by
  672  October 1, 2011. The task force shall submit a progress report
  673  and work plan for the remainder of the 2011-2012 fiscal year to
  674  the Governor, the President of the Senate, and the Speaker of
  675  the House of Representatives by February 1, 2012. Funding for
  676  the task force shall be as provided in the General
  677  Appropriations Act. This section expires July 1, 2012.
  678         Section 36. In order to implement the appropriation of
  679  funds in appropriation category “Special Categories-Risk
  680  Management Insurance” in the 2011-2012 General Appropriations
  681  Act, and pursuant to the notice, review, and objection
  682  procedures of s. 216.177, Florida Statutes, the Executive Office
  683  of the Governor may transfer funds appropriated in that category
  684  between departments in order to align the budget authority
  685  granted with the premiums paid by each department for risk
  686  management insurance. This section expires July 1, 2012.
  687         Section 37. In order to implement the appropriation of
  688  funds in the appropriation category “Special Categories-Transfer
  689  to Department of Management Services-Human Resources Services
  690  Purchased Per Statewide Contract” in the 2011-2012 General
  691  Appropriations Act,” and pursuant to the notice, review, and
  692  objection procedures of s. 216.177, Florida Statutes, the
  693  Executive Office of the Governor may transfer funds appropriated
  694  in that category between departments in order to align the
  695  budget authority granted with the assessments that must be paid
  696  by each agency to the Department of Management Services for
  697  human resource management services. This section expires July 1,
  698  2012.
  699         Section 38. In order to implement section 8 of the 2011
  700  2012 General Appropriations Act, paragraph (j) of subsection (3)
  701  of section 110.123, Florida Statutes, is amended to read:
  702         110.123 State group insurance program.—
  703         (3) STATE GROUP INSURANCE PROGRAM.—
  704         (j) Notwithstanding the provisions of paragraph (f)
  705  requiring uniform contributions, and for the 2011-2012 2010-2011
  706  fiscal year only, the state contribution toward the cost of any
  707  plan in the state group insurance plan is shall be the
  708  difference between the overall premium and the employee
  709  contribution. This subsection expires June 30, 2012 2011.
  710         Section 39. In order to implement specific appropriations
  711  for salaries and benefits in the 2011-2012 General
  712  Appropriations Act, paragraph (b) of subsection (3) of section
  713  112.24, Florida Statutes, is amended to read:
  714         112.24 Intergovernmental interchange of public employees.
  715  To encourage economical and effective utilization of public
  716  employees in this state, the temporary assignment of employees
  717  among agencies of government, both state and local, and
  718  including school districts and public institutions of higher
  719  education is authorized under terms and conditions set forth in
  720  this section. State agencies, municipalities, and political
  721  subdivisions are authorized to enter into employee interchange
  722  agreements with other state agencies, the Federal Government,
  723  another state, a municipality, or a political subdivision
  724  including a school district, or with a public institution of
  725  higher education. State agencies are also authorized to enter
  726  into employee interchange agreements with private institutions
  727  of higher education and other nonprofit organizations under the
  728  terms and conditions provided in this section. In addition, the
  729  Governor or the Governor and Cabinet may enter into employee
  730  interchange agreements with a state agency, the Federal
  731  Government, another state, a municipality, or a political
  732  subdivision including a school district, or with a public
  733  institution of higher learning to fill, subject to the
  734  requirements of chapter 20, appointive offices which are within
  735  the executive branch of government and which are filled by
  736  appointment by the Governor or the Governor and Cabinet. Under
  737  no circumstances shall employee interchange agreements be
  738  utilized for the purpose of assigning individuals to participate
  739  in political campaigns. Duties and responsibilities of
  740  interchange employees shall be limited to the mission and goals
  741  of the agencies of government.
  742         (3) Salary, leave, travel and transportation, and
  743  reimbursements for an employee of a sending party that is
  744  participating in an interchange program shall be handled as
  745  follows:
  746         (b)1. The assignment of an employee of a state agency
  747  either on detail or on leave of absence may be made without
  748  reimbursement by the receiving party for the travel and
  749  transportation expenses to or from the place of the assignment
  750  or for the pay and benefits, or a part thereof, of the employee
  751  during the assignment.
  752         2. For the 2011-2012 2010-2011 fiscal year only, the
  753  assignment of an employee of a state agency as provided in
  754  subparagraph 1. may be made if recommended by the Governor or
  755  Chief Justice, as appropriate, and approved by the chairs of the
  756  legislative appropriations committees Senate Policy and Steering
  757  Committee on Ways and Means and the House Full appropriations
  758  Council on Education and Economic Development. Such actions
  759  shall be deemed approved if neither chair provides written
  760  notice of objection within 14 days after the chair’s receiving
  761  notice of the action pursuant to s. 216.177. This subparagraph
  762  expires July 1, 2012 2011.
  763         Section 40. In order to implement Specific Appropriations
  764  2536 and 2537 of the 2011-2012 General Appropriations Act:
  765         (1) Notwithstanding s. 11.13(1), Florida Statutes, relating
  766  to the annual adjustment of salaries for members of the
  767  Legislature, for the 2011-2012 fiscal year only, the authorized
  768  salaries of members of the Legislature in effect on June 30,
  769  2010, are reduced by 7 percent.
  770         (2) Effective June 30, 2012, the annual salaries of members
  771  of the Legislature shall be set at the amounts authorized and in
  772  effect on June 30, 2010, pursuant to subsection (2) of section
  773  48 of chapter 2009-82, Laws of Florida.
  774         (3) This section expires July 1, 2012.
  775         Section 41. In order to implement the transfer of moneys to
  776  the General Revenue Fund from trust funds in the 2011-2012
  777  General Appropriations Act, paragraph (b) of subsection (2) of
  778  section 215.32, Florida Statutes, is reenacted and amended to
  779  read:
  780         215.32 State funds; segregation.—
  781         (2) The source and use of each of these funds shall be as
  782  follows:
  783         (b)1. The trust funds shall consist of moneys received by
  784  the state, which under law or under trust agreement are
  785  segregated for a purpose authorized by law. The state agency or
  786  branch of state government receiving or collecting such moneys
  787  is shall be responsible for their proper expenditure as provided
  788  by law.
  789         1. Upon the request of the state agency or branch of state
  790  government responsible for the administration of the trust fund,
  791  the Chief Financial Officer may establish accounts within the
  792  trust fund at a level considered necessary for proper
  793  accountability. Once an account is established within a trust
  794  fund, the Chief Financial Officer may authorize payment from
  795  that account only upon determining that there is sufficient cash
  796  and releases at the level of the account.
  797         2. In addition to other trust funds created by law, to the
  798  extent possible, each agency shall use the following trust funds
  799  as described in this subparagraph for day-to-day operations:
  800         a. Operations or operating trust fund, for use as a
  801  depository for funds to be used for program operations funded by
  802  program revenues, with the exception of administrative
  803  activities if when the operations or operating trust fund is a
  804  proprietary fund.
  805         b. Operations and maintenance trust fund, for use as a
  806  depository for client services funded by third-party payors.
  807         c. Administrative trust fund, for use as a depository for
  808  funds to be used for management activities that are departmental
  809  in nature and funded by indirect cost earnings and assessments
  810  against trust funds. Proprietary funds are excluded from the
  811  requirement of using an administrative trust fund.
  812         d. Grants and donations trust fund, for use as a depository
  813  for funds to be used for allowable grant or donor agreement
  814  activities funded by restricted contractual revenue from private
  815  and public nonfederal sources.
  816         e. Agency working capital trust fund, for use as a
  817  depository for funds to be used pursuant to s. 216.272.
  818         f. Clearing funds trust fund, for use as a depository for
  819  funds to account for collections pending distribution to lawful
  820  recipients.
  821         g. Federal grant trust fund, for use as a depository for
  822  funds to be used for allowable grant activities funded by
  823  restricted program revenues from federal sources.
  824  
  825  To the extent possible, each agency must adjust its internal
  826  accounting to use existing trust funds in accordance consistent
  827  with the requirements of this subparagraph. If an agency does
  828  not have trust funds listed in this subparagraph and cannot make
  829  such adjustment, the agency must recommend the creation of the
  830  necessary trust funds to the Legislature by the time of no later
  831  than the next scheduled review of the agency’s trust funds
  832  pursuant to s. 215.3206.
  833         3. All such moneys are hereby appropriated to be expended
  834  in accordance with the law or trust agreement under which they
  835  were received, subject always to the provisions of chapter 216
  836  relating to the appropriation of funds and to the applicable
  837  laws relating to the deposit or expenditure of moneys in the
  838  State Treasury.
  839         4.a. Notwithstanding any provision of law restricting the
  840  use of trust funds to specific purposes, unappropriated cash
  841  balances from selected trust funds may be authorized by the
  842  Legislature for transfer to the Budget Stabilization Fund and
  843  General Revenue Fund in the General Appropriations Act.
  844         b. This subparagraph does not apply to trust funds required
  845  by federal programs or mandates; trust funds established for
  846  bond covenants, indentures, or resolutions whose revenues are
  847  legally pledged by the state or public body to meet debt service
  848  or other financial requirements of any debt obligations of the
  849  state or any public body; the Division of Licensing Trust Fund
  850  in the Department of Agriculture and Consumer Services; the
  851  State Transportation Trust Fund; the trust fund containing the
  852  net annual proceeds from the Florida Education Lotteries; the
  853  Florida Retirement System Trust Fund; trust funds under the
  854  management of the State Board of Education or the Board of
  855  Governors of the State University System, if where such trust
  856  funds are for auxiliary enterprises, self-insurance, and
  857  contracts, grants, and donations, as those terms are defined by
  858  general law; trust funds that serve as clearing funds or
  859  accounts for the Chief Financial Officer or state agencies;
  860  trust funds that account for assets held by the state in a
  861  trustee capacity as an agent or fiduciary for individuals,
  862  private organizations, or other governmental units; and other
  863  trust funds authorized by the State Constitution.
  864         Section 42. In order to implement the transfer of moneys to
  865  the General Revenue Fund from trust funds in the 2011-2012
  866  General Appropriations Act, paragraph (b) of subsection (4) of
  867  section 215.5601, Florida Statutes, is reenacted and amended to
  868  read:
  869         215.5601 Lawton Chiles Endowment Fund.—
  870         (4) ADMINISTRATION.—
  871         (b) The endowment shall be managed as an annuity. The
  872  investment objective is the shall be long-term preservation of
  873  the real value of the net contributed principal and a specified
  874  regular annual cash outflow for appropriation, as nonrecurring
  875  revenue. From the annual cash outflow, a pro rata share shall be
  876  used solely for biomedical research activities as provided in
  877  paragraph (3)(d), until such time as cures are found for
  878  tobacco-related cancer and heart and lung disease. Five percent
  879  of the annual cash outflow dedicated to the biomedical research
  880  portion of the endowment shall be reinvested and applied to that
  881  portion of the endowment’s principal, with the remainder to be
  882  spent on biomedical research activities consistent with this
  883  section. The schedule of annual cash outflow must shall be
  884  included within the investment plan adopted under paragraph (a).
  885  Withdrawals other than specified regular cash outflow are shall
  886  be considered reductions in contributed principal for the
  887  purposes of this subsection.
  888         Section 43. In order to implement the issuance of new debt
  889  authorized in the 2011-2012 General Appropriations Act, and
  890  pursuant to s. 215.98, Florida Statutes, the Legislature
  891  determines that the authorization and issuance of debt for the
  892  2011-2012 fiscal year should be implemented, is in the best
  893  interest of the state, and necessary to address a critical state
  894  emergency. This section expires July 1, 2012.
  895         Section 44. In order to implement the funds appropriated in
  896  the 2011-2012 General Appropriations Act for state employee
  897  travel, the funds appropriated to each state agency, which may
  898  be used for travel by state employees, are limited during the
  899  2011-2012 fiscal year to travel for activities that are critical
  900  to each state agency’s mission. Funds may not be used to pay for
  901  travel by state employees to foreign countries, other states,
  902  conferences, staff-training activities, or other administrative
  903  functions unless the agency head has approved in writing that
  904  such activities are critical to the agency’s mission. The agency
  905  head must consider the use of teleconferencing and other forms
  906  of electronic communication to meet the needs of the proposed
  907  activity before approving mission-critical travel. This section
  908  does not apply to travel for law enforcement purposes, military
  909  purposes, emergency management activities, or public health
  910  activities. This section expires July 1, 2012.
  911         Section 45. In order to implement the appropriations
  912  authorized in the 2011-2012 General Appropriations Act for each
  913  of the state’s designated primary data centers, which are funded
  914  from the data processing appropriation category and other
  915  categories used to pay for computing services of user agencies,
  916  and pursuant to the notice, review, and objection procedures of
  917  s. 216.177, Florida Statutes, the Executive Office of the
  918  Governor may transfer funds appropriated in any appropriation
  919  category used to pay for data processing in the 2011-2012
  920  General Appropriations Act between agencies in order to align
  921  the budget authority granted with the utilization rate of each
  922  department. This section expires July 1, 2012.
  923         Section 46. State agencies that are required to begin
  924  planning for a data center consolidation scheduled for a
  925  subsequent fiscal year may accelerate the consolidation into the
  926  2011-2012 fiscal year, contingent upon approval by the
  927  Legislative Budget Commission of budget adjustments necessary to
  928  accomplish the consolidation. The primary data center may
  929  establish positions contingent on an equal or greater number of
  930  positions being placed in reserve from the agency data centers
  931  being consolidated. This section expires July 1, 2012.
  932         Section 47. In order to implement the appropriations in the
  933  2011-2012 General Appropriations Act for the statewide e-mail
  934  system established pursuant to s. 282.34, Florida Statutes, and
  935  notwithstanding s. 216.181(2)(c), Florida Statutes, an agency
  936  may transfer funds from the data processing appropriation
  937  categories established for the statewide e-mail system to
  938  another appropriation category for the purpose of supporting and
  939  managing its current e-mail system, subject to the limitations
  940  in s. 282.34(6), Florida Statutes, until the agency’s e-mail
  941  function is transferred to the statewide e-mail service vendor
  942  under contract with the Southwood Shared Resource Center. This
  943  section expires July 1, 2012.
  944         Section 48. In order to implement Specific Appropriation
  945  2187 of the 2011-2012 General Appropriations Act, the Executive
  946  Office of the Governor may transfer funds appropriated in the
  947  appropriation category “Expenses” of the 2011-2012 General
  948  Appropriations Act between agencies in order to allocate a
  949  reduction relating to SUNCOM Services. This section expires July
  950  1, 2012.
  951         Section 49. In order to implement Sections 2 through 7 of
  952  the 2011-2012 General Appropriations Act, the Executive Office
  953  of the Governor may transfer funds appropriated for the American
  954  Recovery and Reinvestment Act of 2009 (ARRA) in traditional
  955  appropriation categories in the 2011-2012 General Appropriations
  956  Act to appropriation categories established for the specific
  957  purpose of tracking funds appropriated for the ARRA. This
  958  section expires July 1, 2012.
  959         Section 50. In order to implement Sections 2 through 7 of
  960  the 2011-2012 General Appropriations Act, subsection (5) of
  961  section 216.292, Florida Statutes, is amended to read:
  962         216.292 Appropriations nontransferable; exceptions.—
  963         (5)(a) A transfer of funds may not result in the initiation
  964  of a fixed capital outlay project that has not received a
  965  specific legislative appropriation.
  966         (b) Notwithstanding paragraph (a), and for the 2011-2012
  967  2010-2011 fiscal year only, the Governor may recommend the
  968  initiation of fixed capital outlay projects funded by grants
  969  awarded by the Federal Government through the American Recovery
  970  and Reinvestment Act of 2009 or by any other federal economic
  971  stimulus grant funding received. All actions taken pursuant to
  972  the authority granted in the paragraph are subject to review and
  973  approval by the Legislative Budget Commission. This paragraph
  974  expires July 1, 2012 2011.
  975         Section 51. In order to implement Section 8 of the General
  976  Appropriations Act for the 2011-2012 fiscal year, effective
  977  January 1, 2011, paragraph (a) of subsection (7) of section
  978  110.12315, Florida Statutes, is reenacted to read:
  979         110.12315 Prescription drug program.—The state employees’
  980  prescription drug program is established. This program shall be
  981  administered by the Department of Management Services, according
  982  to the terms and conditions of the plan as established by the
  983  relevant provisions of the annual General Appropriations Act and
  984  implementing legislation, subject to the following conditions:
  985         (7) Under the state employees’ prescription drug program
  986  copayments must be made as follows:
  987         (a) Effective January 1, 2011, for the State Group Health
  988  Insurance Standard Plan:
  989         1. For generic drug with card.........................$7.
  990         2. For preferred brand name drug with card...........$30.
  991         3. For nonpreferred brand name drug with card........$50.
  992         4. For generic mail order drug.......................$14.
  993         5. For preferred brand name mail order drug..........$60.
  994         6. For nonpreferred brand name mail order drug......$100.
  995  
  996         Section 52. In order to implement Specific Appropriations
  997  2863 through 2882 of the 2011-2012 General Appropriations Act,
  998  and notwithstanding chapter 255, Florida Statutes, the
  999  Department of Management Services shall use the services of a
 1000  tenant broker to renegotiate all leases involving multiple state
 1001  agency tenants. Based on the renegotiations, and no later than
 1002  September 30, 2011, the department shall report to the
 1003  Legislative Budget Commission the projected savings and
 1004  implementation costs from the renegotiations and any of the
 1005  multiple state agency leases that should be terminated pursuant
 1006  to any section of the lease agreements. The department may
 1007  propose one or more budget amendments pursuant to chapter 216,
 1008  Florida Statutes, to place any budget authority based on the
 1009  anticipated savings in reserve or transfer budget authority to a
 1010  different category. All leases as of September 30, 2011, which
 1011  do not comply with state law or the Florida Constitution,
 1012  including a nonappropriation clause, are null and void. This
 1013  section expires July 1, 2012.
 1014         Section 53. In order to implement appropriations used for
 1015  the payments of existing lease contracts for private office or
 1016  storage space, the Department of Management Services, with the
 1017  cooperation of the agencies having the existing lease contracts,
 1018  shall seek to renegotiate or reprocure all private lease
 1019  agreements expiring before June 30, 2013, to achieve a reduction
 1020  in costs in future years. The department shall use the
 1021  departments 2010 Master Leasing Report and may use tenant
 1022  broker services to explore the possibilities of collocation,
 1023  review the space needs of each agency, and to review the length
 1024  and terms of potential renewals or renegotiations. The
 1025  department shall provide a report by March 1, 2012, to the
 1026  Executive Office of the Governor, the President of the Senate,
 1027  and the Speaker of the House of Representatives which lists each
 1028  lease contract for private office or storage space, the status
 1029  of renegotiations, and the savings achieved. This section
 1030  expires July 1, 2012.
 1031         Section 54. Notwithstanding chapter 287, Florida Statutes,
 1032  the Department of Management Services shall issue by September
 1033  1, 2011, a solicitation for the Minnesota Multistate Contracting
 1034  Alliance for Pharmacy (MMCAP) agreement as a state term
 1035  contract. Provisions of the solicitation are subject to chapter
 1036  119, Florida Statutes, including drug cost per unit pricing.
 1037  Agencies that purchase drugs under the current MMCAP contract
 1038  shall provide subject matter expertise in the development of the
 1039  competitive procurement. The procurement shall be awarded to one
 1040  group purchasing organization or vendor. The department shall
 1041  use generic drugs where feasible in developing its preferred
 1042  drug list. This section expires July 1, 2012.
 1043         Section 55. In order to implement Specific Appropriation
 1044  193 of the 2011-2012 General Appropriations Act, and
 1045  notwithstanding chapter 287, Florida Statutes, the Agency for
 1046  Health Care Administration shall competitively reprocure a
 1047  Florida Discount Drug Card Program to provide market competitive
 1048  discounts through a broad network of retail pharmacies and a
 1049  mail order pharmacy within the state and return money to the
 1050  state on a per prescription dispensed basis. Discounts shall be
 1051  available to Florida residents without income restrictions.
 1052  Residents shall be able to enroll and acquire a member
 1053  identification card from the participating pharmacies, online
 1054  and through text messaging, without a charge. Revenues derived
 1055  from this contract shall be deposited into the agency’s Grants
 1056  and Donations Trust Fund to reduce the cost of Medicaid pharmacy
 1057  purchases. This section expires July 1, 2012.
 1058         Section 56. Any section of this act which implements a
 1059  specific appropriation or specifically identified proviso
 1060  language in the 2011-2012 General Appropriations Act is void if
 1061  the specific appropriation or specifically identified proviso
 1062  language is vetoed. Any section of this act which implements
 1063  more than one specific appropriation or more than one portion of
 1064  specifically identified proviso language in the 2011-2012
 1065  General Appropriations Act is void if all the specific
 1066  appropriations or portions of specifically identified proviso
 1067  language are vetoed.
 1068         Section 57. If any other act passed during the 2011 Regular
 1069  Session contains a provision that is substantively the same as a
 1070  provision in this act, but that removes or is otherwise not
 1071  subject to the future repeal applied to such provision by this
 1072  act, the Legislature intends that the provision in the other act
 1073  takes precedence and continues to operate, notwithstanding the
 1074  future repeal provided by this act.
 1075         Section 58. If any provision of this act or its application
 1076  to any person or circumstance is held invalid, the invalidity
 1077  does not affect other provisions or applications of the act
 1078  which can be given effect without the invalid provision or
 1079  application, and to this end the provisions of this act are
 1080  severable.
 1081         Section 59. Except as otherwise expressly provided in this
 1082  act and except for this section, which shall take effect June
 1083  29, 2011, this act shall take effect July 1, 2011; or, if this
 1084  act fails to become a law until after that date, it shall take
 1085  effect upon becoming a law and shall operate retroactively to
 1086  July 1, 2011.