| 1 | Representative(s) Sansom offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. It is the intent of the Legislature that the |
| 6 | implementing and administering provisions of this act apply to |
| 7 | the General Appropriations Act for fiscal year 2007-2008. |
| 8 | Section 2. In order to implement Specific Appropriation |
| 9 | 669 of the 2007-2008 General Appropriations Act, subsection (5) |
| 10 | of section 381.0402, Florida Statutes, is amended to read: |
| 11 | 381.0402 Area health education center network.--The |
| 12 | department, in cooperation with the state-approved medical |
| 13 | schools in this state, shall organize an area health education |
| 14 | center network based on earlier medically indigent demonstration |
| 15 | projects and shall evaluate the impact of each network on |
| 16 | improving access to services by persons who are medically |
| 17 | underserved. The network shall be a catalyst for the primary |
| 18 | care training of health professionals through increased |
| 19 | opportunities for training in medically underserved areas. |
| 20 | (5) Notwithstanding subsection (4), the department may not |
| 21 | use any portion of the annual appropriation to administer and |
| 22 | evaluate the network. This subsection expires July 1, 2008 2007. |
| 23 | Section 3. In order to implement Specific Appropriation |
| 24 | 388 of the 2007-2008 General Appropriation Act, subsection (3) |
| 25 | of section 394.908, Florida Statutes, is amended to read: |
| 26 | 394.908 Substance abuse and mental health funding equity; |
| 27 | distribution of appropriations.--In recognition of the |
| 28 | historical inequity in the funding of substance abuse and mental |
| 29 | health services for the department's districts and regions and |
| 30 | to rectify this inequity and provide for equitable funding in |
| 31 | the future throughout the state, the following funding process |
| 32 | shall be used: |
| 33 | (3)(a) Any additional funding beyond the 2005-2006 fiscal |
| 34 | year base appropriation for alcohol, drug abuse, and mental |
| 35 | health services shall be allocated to districts for substance |
| 36 | abuse and mental health services based on: |
| 37 | 1.(a) Epidemiological estimates of disabilities that apply |
| 38 | to the respective target populations. |
| 39 | 2.(b) A pro rata share distribution that ensures districts |
| 40 | below the statewide average funding level per person in each |
| 41 | target population of "persons in need" receive funding necessary |
| 42 | to achieve equity. |
| 43 | (b) Notwithstanding paragraph (a), and for the 2007-2008 |
| 44 | fiscal year only, funds appropriated for forensic mental health |
| 45 | treatment services in Specific Appropriation 388 of the 2007- |
| 46 | 2008 General Appropriations Act shall be allocated to the areas |
| 47 | of the state with the greatest service demand and treatment |
| 48 | capacity. This paragraph expires July 1, 2008. |
| 49 | Section 4. In order to implement Specific Appropriation |
| 50 | 652 of the 2007-2008 General Appropriations Act, subsection (5) |
| 51 | is added to section 458.319, Florida Statutes, to read: |
| 52 | 458.319 Renewal of license.-- |
| 53 | (5) Notwithstanding subsections (1)-(4), and for the |
| 54 | 2007-2008 fiscal year only, the Department of Health shall waive |
| 55 | the biennial license renewal fee for up to 10,000 allopathic and |
| 56 | osteopathic physicians, in the aggregate, who have a valid, |
| 57 | active license to practice under chapter 458 or chapter 459; |
| 58 | whose primary practice address, as reported under s. 456.041, is |
| 59 | located within the state; and who submit to the department, |
| 60 | prior to the applicable license renewal date, a sworn affidavit |
| 61 | that the physician is prescribing medications exclusively |
| 62 | through the use of electronic prescribing software at the |
| 63 | physician's primary practice address. For purposes of this |
| 64 | subsection, "electronic prescribing software" means, at a |
| 65 | minimum, software that electronically generates and securely |
| 66 | transmits, in real time, a patient prescription to a pharmacy. |
| 67 | The department may adopt rules necessary to implement this |
| 68 | subsection. This subsection expires July 1, 2008. |
| 69 | Section 5. In order to implement Specific Appropriation |
| 70 | 652 of the 2007-2008 General Appropriations Act, subsection (4) |
| 71 | is added to section 459.0092, Florida Statutes, to read: |
| 72 | 459.0092 Fees.--The board shall set fees according to the |
| 73 | following schedule: |
| 74 | (4) Notwithstanding subsections (1)-(3), and for the 2007- |
| 75 | 2008 fiscal year only, the Department of Health shall waive the |
| 76 | biennial license renewal fee for up to 10,000 allopathic and |
| 77 | osteopathic physicians, in the aggregate, who have a valid, |
| 78 | active license to practice under chapter 458 or chapter 459; |
| 79 | whose primary practice address, as reported under s. 456.041, is |
| 80 | located within the state; and who submit to the department, |
| 81 | prior to the applicable license renewal date, a sworn affidavit |
| 82 | that the physician is prescribing medications exclusively |
| 83 | through the use of electronic prescribing software at the |
| 84 | physician's primary practice address. For purposes of this |
| 85 | subsection, "electronic prescribing software" means, at a |
| 86 | minimum, software that electronically generates and securely |
| 87 | transmits, in real time, a patient prescription to a pharmacy. |
| 88 | The department may adopt rules necessary to implement this |
| 89 | subsection. This subsection expires July 1, 2008. |
| 90 | Section 6. In order to implement Specific Appropriation |
| 91 | 467 of the 2007-2008 General Appropriations Act, subsection (17) |
| 92 | is added to section 253.03, Florida Statutes, to read: |
| 93 | 253.03 Board of trustees to administer state lands; lands |
| 94 | enumerated.-- |
| 95 | (17) Notwithstanding subsections (1)-(16), for the |
| 96 | 2007-2008 fiscal year only, and upon approval of the Board of |
| 97 | Trustees of the Internal Improvement Trust Fund if necessary, |
| 98 | the Division of State Lands of the Department of Environmental |
| 99 | Protection shall lease the existing South Florida Evaluation and |
| 100 | Treatment Center complex in Miami-Dade County, currently under |
| 101 | lease to the Department of Children and Family Services, to |
| 102 | Miami-Dade County for the amount of $1 per year for 99 years to |
| 103 | be used by the county for its expanded jail diversion program. |
| 104 | The lease of the property shall take place in the 2007-2008 |
| 105 | fiscal year, and Miami-Dade County shall sublease the facility |
| 106 | to the existing lessee for $1 per year until the new South |
| 107 | Florida Evaluation and Treatment Center is completed on or about |
| 108 | April 2008. This subsection expires July 1, 2008. |
| 109 | Section 7. In order to fulfill legislative intent |
| 110 | regarding the use of funds contained in Specific Appropriations |
| 111 | 741, 755, 766, and 1231A of the 2007-2008 General Appropriations |
| 112 | Act, the Department of Corrections and the Department of |
| 113 | Juvenile Justice may expend appropriated funds to assist in |
| 114 | defraying the costs of impacts that are incurred by a |
| 115 | municipality or county and associated with opening or operating |
| 116 | a facility under the authority of the respective department |
| 117 | which is located within that municipality or county. The amount |
| 118 | that is to be paid under this section for any facility may not |
| 119 | exceed 1 percent of the facility construction cost, less |
| 120 | building impact fees imposed by the municipality or by the |
| 121 | county if the facility is located in the unincorporated portion |
| 122 | of the county. This section expires July 1, 2008. |
| 123 | Section 8. In order to implement Specific Appropriations |
| 124 | 730 through 830 and 868 through 899 of the 2007-2008 General |
| 125 | Appropriations Act, subsection (4) of section 216.262, Florida |
| 126 | Statutes, is amended to read: |
| 127 | 216.262 Authorized positions.-- |
| 128 | (4) Notwithstanding the provisions of this chapter on |
| 129 | increasing the number of authorized positions, and for the 2007- |
| 130 | 2008 2006-2007 fiscal year only, if the actual inmate population |
| 131 | of the Department of Corrections exceeds the inmate population |
| 132 | projections of the February 16, 2007 March 21, 2006, Criminal |
| 133 | Justice Estimating Conference by 1 percent for 2 consecutive |
| 134 | months or 2 percent for any month, the Executive Office of the |
| 135 | Governor, with the approval of the Legislative Budget |
| 136 | Commission, shall immediately notify the Criminal Justice |
| 137 | Estimating Conference, which shall convene as soon as possible |
| 138 | to revise the estimates. The Department of Corrections may then |
| 139 | submit a budget amendment requesting the establishment of |
| 140 | positions in excess of the number authorized by the Legislature |
| 141 | and additional appropriations from unallocated general revenue |
| 142 | sufficient to provide for essential staff, fixed capital |
| 143 | improvements, and other resources to provide classification, |
| 144 | security, food services, health services, and other variable |
| 145 | expenses within the institutions to accommodate the estimated |
| 146 | increase in the inmate population. All actions taken pursuant to |
| 147 | the authority granted in this subsection shall be subject to |
| 148 | review and approval by the Legislative Budget Commission. This |
| 149 | subsection expires July 1, 2008 2007. |
| 150 | Section 9. In order to implement the appropriation of |
| 151 | funds in Special Categories-Risk Management Insurance of the |
| 152 | 2007-2008 General Appropriations Act, and pursuant to the |
| 153 | notice, review, and objection procedures of s. 216.177, Florida |
| 154 | Statutes, the Executive Office of the Governor is authorized to |
| 155 | transfer funds appropriated in the appropriation category |
| 156 | "Special Categories-Risk Management Insurance" of the 2007-2008 |
| 157 | General Appropriations Act between departments in order to align |
| 158 | the budget authority granted with the premiums paid by each |
| 159 | department for risk management insurance. This section expires |
| 160 | July 1, 2008. |
| 161 | Section 10. In order to implement Specific Appropriations |
| 162 | 2659, 2661, 2662, and 2665 of the 2007-2008 General |
| 163 | Appropriations Act, for the 2007-2008 fiscal year only and |
| 164 | notwithstanding any conflicting requirements of section 4 of |
| 165 | chapter 2006-12, Laws of Florida, the Department of Financial |
| 166 | Services may expend $846,021 of the funds appropriated by |
| 167 | section 4 of chapter 2006-12, Laws of Florida, for salaries and |
| 168 | related expenses. |
| 169 | Section 11. In order to implement the appropriation of |
| 170 | funds in Special Categories-Transfer to Department of Management |
| 171 | Services-Human Resources Services Purchased Per Statewide |
| 172 | Contract of the 2007-2008 General Appropriations Act, and |
| 173 | pursuant to the notice, review, and objection procedures of s. |
| 174 | 216.177, Florida Statutes, the Executive Office of the Governor |
| 175 | is authorized to transfer funds appropriated in the |
| 176 | appropriation category "Special Categories-Transfer to |
| 177 | Department of Management Services-Human Resources Services |
| 178 | Purchased Per Statewide Contract" of the 2007-2008 General |
| 179 | Appropriations Act between departments in order to align the |
| 180 | budget authority granted with the assessments that must be paid |
| 181 | by each agency to the Department of Management Services for |
| 182 | human resource management services. This section expires July 1, |
| 183 | 2008. |
| 184 | Section 12. In order to implement specific appropriations |
| 185 | for Expenses in the 2007-2008 General Appropriations Act, |
| 186 | subsection (2) of section 216.181, Florida Statutes, is amended |
| 187 | to read: |
| 188 | 216.181 Approved budgets for operations and fixed capital |
| 189 | outlay.-- |
| 190 | (2) Amendments to the original approved operating budgets |
| 191 | for operational and fixed capital outlay expenditures must |
| 192 | comply with the following guidelines in order to be approved by |
| 193 | the Governor and the Legislative Budget Commission for the |
| 194 | executive branch and the Chief Justice and the Legislative |
| 195 | Budget Commission for the judicial branch: |
| 196 | (a) The amendment must be consistent with legislative |
| 197 | policy and intent. |
| 198 | (b) The amendment may not initiate or commence a new |
| 199 | program, except as authorized by this chapter, or eliminate an |
| 200 | existing program. |
| 201 | (c) Except as authorized in s. 216.292 or other provisions |
| 202 | of this chapter, the amendment may not provide funding or |
| 203 | increased funding for items which were funded by the Legislature |
| 204 | in an amount less than that requested by the agency in the |
| 205 | legislative budget request or recommended by the Governor, or |
| 206 | which were vetoed by the Governor. |
| 207 | (d) For amendments that involve trust funds, there must be |
| 208 | adequate and appropriate revenues available in the trust fund |
| 209 | and the amendment must be consistent with the laws authorizing |
| 210 | such trust funds and the laws relating to the use of the trust |
| 211 | funds. However, a trust fund shall not be increased in excess of |
| 212 | the original approved budget, except as provided in subsection |
| 213 | (11). |
| 214 | (e) The amendment shall not conflict with any provision of |
| 215 | law. |
| 216 | (f) The amendment must not provide funding for any issue |
| 217 | which was requested by the agency or branch in its legislative |
| 218 | budget request and not funded in the General Appropriations Act. |
| 219 | (g) The amendment must include a written description of |
| 220 | the purpose of the proposed change, an indication of why interim |
| 221 | budget action is necessary, and the intended recipient of any |
| 222 | funds for contracted services. |
| 223 | (h) The amendment must not provide general salary |
| 224 | increases which the Legislature has not authorized in the |
| 225 | General Appropriations Act or other laws. |
| 226 | (i) During the last quarter of fiscal year 2007-2008, |
| 227 | agencies are authorized to submit budget amendments to transfer |
| 228 | per diem funds within their budget for the purpose of purchasing |
| 229 | technology, such as teleconference or video conference equipment |
| 230 | and service, in order to reduce travel expenses and increase |
| 231 | participation in meetings. This paragraph expires July 1, 2008. |
| 232 | (i) Notwithstanding paragraph (f), the Agency for Persons |
| 233 | with Disabilities is authorized to submit an amendment to adjust |
| 234 | its full-time equivalent positions, salary rate, and related |
| 235 | budget authority to provide sufficient infrastructure and |
| 236 | administrative support. This paragraph expires July 1, 2007. |
| 237 | Section 13. In order to implement Specific Appropriations |
| 238 | 2942 through 2950 of the 2007-2008 General Appropriations Act, |
| 239 | paragraph (a) of subsection (3) and subsection (6) of section |
| 240 | 287.17, Florida Statutes, as amended by section 25 of chapter |
| 241 | 2005-71 and section 16 of chapter 2006-26, Laws of Florida, are |
| 242 | reenacted, and that paragraph is amended, to read: |
| 243 | 287.17 Limitation on use of motor vehicles and aircraft.-- |
| 244 | (3)(a) The term "official state business" may not be |
| 245 | construed to permit the use of a motor vehicle or aircraft for |
| 246 | commuting purposes, unless special assignment of a motor vehicle |
| 247 | or aircraft is authorized as a perquisite by the Department of |
| 248 | Management Services, required by an employee after normal duty |
| 249 | hours to perform duties of the position to which assigned, or |
| 250 | authorized for an employee whose home is the official base of |
| 251 | operation. |
| 252 | (6) It is the intention of the Legislature that persons |
| 253 | traveling on state aircraft for purposes consistent with, but |
| 254 | not necessarily constituting, official state business may travel |
| 255 | only when accompanying persons who are traveling on official |
| 256 | state business and that such persons shall pay the state for all |
| 257 | costs associated with such travel. A person traveling on state |
| 258 | aircraft for purposes other than official state business shall |
| 259 | pay for any trip not exclusively for state business by paying a |
| 260 | prorated share of all fixed and variable expenses related to the |
| 261 | ownership, operation, and use of such aircraft. |
| 262 | Section 14. The amendment of s. 287.17, Florida Statutes, |
| 263 | by this act, as carried forward from chapter 2005-71, Laws of |
| 264 | Florida, shall expire July 1, 2008, and the text of that section |
| 265 | shall revert to that in existence on June 30, 2005, except that |
| 266 | any amendments to such text enacted other than by this act shall |
| 267 | be preserved and continue to operate to the extent that such |
| 268 | amendments are not dependent upon the portions of such text |
| 269 | which expire pursuant to this section. |
| 270 | Section 15. In order to implement Specific Appropriation |
| 271 | 2761 of the 2007-2008 General Appropriations Act, paragraph (b) |
| 272 | of subsection (9) of section 320.08058, Florida Statutes, is |
| 273 | amended to read: |
| 274 | 320.08058 Specialty license plates.-- |
| 275 | (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.-- |
| 276 | (b) The license plate annual use fees are to be annually |
| 277 | distributed as follows: |
| 278 | 1. Fifty-five percent of the proceeds from the Florida |
| 279 | Professional Sports Team plate must be deposited into the |
| 280 | Professional Sports Development Trust Fund within the Office of |
| 281 | Tourism, Trade, and Economic Development. These funds must be |
| 282 | used solely to attract and support major sports events in this |
| 283 | state. As used in this subparagraph, the term "major sports |
| 284 | events" means, but is not limited to, championship or all-star |
| 285 | contests of Major League Baseball, the National Basketball |
| 286 | Association, the National Football League, the National Hockey |
| 287 | League, the men's and women's National Collegiate Athletic |
| 288 | Association Final Four basketball championship, or a horseracing |
| 289 | or dogracing Breeders' Cup. All funds must be used to support |
| 290 | and promote major sporting events, and the uses must be approved |
| 291 | by the Florida Sports Foundation. |
| 292 | 2. The remaining proceeds of the Florida Professional |
| 293 | Sports Team license plate must be allocated to the Florida |
| 294 | Sports Foundation, a direct-support organization of the Office |
| 295 | of Tourism, Trade, and Economic Development. These funds must be |
| 296 | deposited into the Professional Sports Development Trust Fund |
| 297 | within the Office of Tourism, Trade, and Economic Development. |
| 298 | These funds must be used by the Florida Sports Foundation to |
| 299 | promote the economic development of the sports industry; to |
| 300 | distribute licensing and royalty fees to participating |
| 301 | professional sports teams; to promote education programs in |
| 302 | Florida schools that provide an awareness of the benefits of |
| 303 | physical activity and nutrition standards; to partner with the |
| 304 | Department of Education and the Department of Health to develop |
| 305 | a program that recognizes schools whose students demonstrate |
| 306 | excellent physical fitness or fitness improvement; to institute |
| 307 | a grant program for communities bidding on minor sporting events |
| 308 | that create an economic impact for the state; to distribute |
| 309 | funds to Florida-based charities designated by the Florida |
| 310 | Sports Foundation and the participating professional sports |
| 311 | teams; and to fulfill the sports promotion responsibilities of |
| 312 | the Office of Tourism, Trade, and Economic Development. |
| 313 | 3. The Florida Sports Foundation shall provide an annual |
| 314 | financial audit in accordance with s. 215.981 of its financial |
| 315 | accounts and records by an independent certified public |
| 316 | accountant pursuant to the contract established by the Office of |
| 317 | Tourism, Trade, and Economic Development as specified in s. |
| 318 | 288.1229(5). The auditor shall submit the audit report to the |
| 319 | Office of Tourism, Trade, and Economic Development for review |
| 320 | and approval. If the audit report is approved, the office shall |
| 321 | certify the audit report to the Auditor General for review. |
| 322 | 4. For the 2007-2008 2006-2007 fiscal year only and |
| 323 | notwithstanding the provisions of subparagraphs 1. and 2., |
| 324 | proceeds from the Professional Sports Development Trust Fund may |
| 325 | also be used for operational expenses of the Florida Sports |
| 326 | Foundation and financial support of the Sunshine State Games. |
| 327 | This subparagraph expires July 1, 2008 2007. |
| 328 | Section 16. In order to implement Specific Appropriation |
| 329 | 2266 of the 2007-2008 General Appropriations Act, subsection (1) |
| 330 | of section 339.08, Florida Statutes, is amended to read: |
| 331 | 339.08 Use of moneys in State Transportation Trust Fund.-- |
| 332 | (1) The department shall expend moneys in the State |
| 333 | Transportation Trust Fund accruing to the department, in |
| 334 | accordance with its annual budget. The use of such moneys shall |
| 335 | be restricted to the following purposes: |
| 336 | (a) To pay administrative expenses of the department, |
| 337 | including administrative expenses incurred by the several state |
| 338 | transportation districts, but excluding administrative expenses |
| 339 | of commuter rail authorities that do not operate rail service. |
| 340 | (b) To pay the cost of construction of the State Highway |
| 341 | System. |
| 342 | (c) To pay the cost of maintaining the State Highway |
| 343 | System. |
| 344 | (d) To pay the cost of public transportation projects in |
| 345 | accordance with chapter 341 and ss. 332.003-332.007. |
| 346 | (e) To reimburse counties or municipalities for |
| 347 | expenditures made on projects in the State Highway System as |
| 348 | authorized by s. 339.12(4) upon legislative approval. |
| 349 | (f) To pay the cost of economic development transportation |
| 350 | projects in accordance with s. 288.063. |
| 351 | (g) To lend or pay a portion of the operating, |
| 352 | maintenance, and capital costs of a revenue-producing |
| 353 | transportation project that is located on the State Highway |
| 354 | System or that is demonstrated to relieve traffic congestion on |
| 355 | the State Highway System. |
| 356 | (h) To match any federal-aid funds allocated for any other |
| 357 | transportation purpose, including funds allocated to projects |
| 358 | not located in the State Highway System. |
| 359 | (i) To pay the cost of county road projects selected in |
| 360 | accordance with the Small County Road Assistance Program created |
| 361 | in s. 339.2816. |
| 362 | (j) To pay the cost of county or municipal road projects |
| 363 | selected in accordance with the County Incentive Grant Program |
| 364 | created in s. 339.2817 and the Small County Outreach Program |
| 365 | created in s. 339.2818. |
| 366 | (k) To provide loans and credit enhancements for use in |
| 367 | constructing and improving highway transportation facilities |
| 368 | selected in accordance with the state-funded infrastructure bank |
| 369 | created in s. 339.55. |
| 370 | (l) To pay the cost of projects on the Florida Strategic |
| 371 | Intermodal System created in s. 339.61. |
| 372 | (m) To pay the cost of transportation projects selected in |
| 373 | accordance with the Transportation Regional Incentive Program |
| 374 | created in s. 339.2819. |
| 375 | (n) To pay administrative expenses incurred in accordance |
| 376 | with applicable laws for a multicounty transportation or |
| 377 | expressway authority created under chapter 343 or chapter 348, |
| 378 | where jurisdiction for the authority includes a portion of the |
| 379 | State Highway System and the administrative expenses are in |
| 380 | furtherance of the duties and responsibilities of the authority |
| 381 | in the development of improvements to the State Highway System. |
| 382 | This paragraph expires July 1, 2008. |
| 383 | (o)(n) To pay other lawful expenditures of the department. |
| 384 | Section 17. In order to implement Specific Appropriations |
| 385 | 1631, 1633, 1656, and 1657 of the 2007-2008 General |
| 386 | Appropriations Act, subsection (5) of section 216.292, Florida |
| 387 | Statutes, is amended to read: |
| 388 | 216.292 Appropriations nontransferable; exceptions.-- |
| 389 | (5)(a) A transfer of funds may not result in the |
| 390 | initiation of a fixed capital outlay project that has not |
| 391 | received a specific legislative appropriation, except that |
| 392 | federal funds for fixed capital outlay projects for the |
| 393 | Department of Military Affairs, which do not carry a continuing |
| 394 | commitment on future appropriations by the Legislature, may be |
| 395 | approved by the Executive Office of the Governor for the purpose |
| 396 | received, subject to the notice and objection procedures set |
| 397 | forth in s. 216.177. |
| 398 | (b) Notwithstanding paragraph (a), and for the 2007-2008 |
| 399 | 2006-2007 fiscal year only, the Governor may recommend the |
| 400 | initiation of fixed capital outlay projects funded by grants |
| 401 | awarded by the Federal Emergency Management Agency for FEMA |
| 402 | Disaster Declarations 1539-DR-FL, 1545-DR-FL, 1551-DR-FL, 1561- |
| 403 | DR-FL, 1595-DR-FL, 1602-DR-FL, and EM3259-FL. All actions taken |
| 404 | pursuant to the authority granted in this paragraph are subject |
| 405 | to review and approval by the Legislative Budget Commission. |
| 406 | This paragraph expires July 1, 2008 2007. |
| 407 | Section 18. In order to implement Specific Appropriation |
| 408 | 2231 of the 2007-2008 General Appropriations Act, subsection (5) |
| 409 | of section 339.135, Florida Statutes, is amended to read: |
| 410 | 339.135 Work program; legislative budget request; |
| 411 | definitions; preparation, adoption, execution, and amendment.-- |
| 412 | (5)(a) ADOPTION OF THE WORK PROGRAM.--The original |
| 413 | approved budget for operational and fixed capital expenditures |
| 414 | for the department shall be the Governor's budget recommendation |
| 415 | and the first year of the tentative work program, as both are |
| 416 | amended by the General Appropriations Act and any other act |
| 417 | containing appropriations. In accordance with the appropriations |
| 418 | act, the department shall, prior to the beginning of the fiscal |
| 419 | year, adopt a final work program which shall only include the |
| 420 | original approved budget for the department for the ensuing |
| 421 | fiscal year together with any roll forwards approved pursuant to |
| 422 | paragraph (6)(c) and the portion of the tentative work program |
| 423 | for the following 4 fiscal years revised in accordance with the |
| 424 | original approved budget for the department for the ensuing |
| 425 | fiscal year together with said roll forwards. The adopted work |
| 426 | program may include only those projects submitted as part of the |
| 427 | tentative work program developed under the provisions of |
| 428 | subsection (4) plus any projects which are separately identified |
| 429 | by specific appropriation in the General Appropriations Act and |
| 430 | any roll forwards approved pursuant to paragraph (6)(c). |
| 431 | However, any transportation project of the department which is |
| 432 | identified by specific appropriation in the General |
| 433 | Appropriations Act shall be deducted from the funds annually |
| 434 | distributed to the respective district pursuant to paragraph |
| 435 | (4)(a). In addition, the department shall not in any year |
| 436 | include any project or allocate funds to a program in the |
| 437 | adopted work program that is contrary to existing law for that |
| 438 | particular year. Projects shall not be undertaken unless they |
| 439 | are listed in the adopted work program. |
| 440 | (b) Notwithstanding paragraph (a), and for the 2007-2008 |
| 441 | fiscal year only, the Department of Transportation shall |
| 442 | transfer funds to the Office of Tourism, Trade, and Economic |
| 443 | Development in an amount equal to $14,500,000 for the purpose of |
| 444 | funding economic development transportation projects. This |
| 445 | transfer shall not reduce, delete, or defer any existing |
| 446 | projects funded, as of July 1, 2007, in the Department of |
| 447 | Transportation's 5-year work program. This paragraph expires |
| 448 | July 1, 2008. |
| 449 | Section 19. (1) In order to implement Specific |
| 450 | Appropriation 2188 of the 2007-2008 General Appropriations Act, |
| 451 | there is created the Seaport Strategic Planning and Financing |
| 452 | Task Force. The purpose of the task force is to develop a |
| 453 | strategic plan for Florida's ports which will be used to guide |
| 454 | future policy development and financial investments to enhance |
| 455 | Florida's economic competitiveness with other states and |
| 456 | internationally. The task force shall build on the Final Report |
| 457 | prepared by the Department of Transportation dated July 2006, |
| 458 | entitled "Evaluate Florida's 14 Deepwater Seaports' Economic |
| 459 | Performance and the Return on Investment of State Funds" |
| 460 | (contract number C8A91). |
| 461 | (a) The task force shall be comprised of the following |
| 462 | members: |
| 463 | 1. One seaport director, one seaport finance expert, and |
| 464 | one representative from the business community to be appointed |
| 465 | by the Speaker of the House of Representatives. |
| 466 | 2. One seaport director, one seaport finance expert, and |
| 467 | one representative from the business community to the appointed |
| 468 | by the President of the Senate. |
| 469 | 3. Four members appointed by the Governor, representing |
| 470 | development and commerce and other pertinent business interests. |
| 471 | (b) The seaport directors shall serve as co-chairs of the |
| 472 | task force. Appointees shall be subject matter experts and |
| 473 | include representation from the trucking, rail, and agricultural |
| 474 | industries, as well as port development and commerce. |
| 475 | (c) The Secretary of Transportation shall sit on the task |
| 476 | force as a voting member. |
| 477 | (2) The task force members shall serve without |
| 478 | compensation. The task force shall be staffed by the Office of |
| 479 | Program Policy Analysis and Government Accountability (OPPAGA). |
| 480 | The Department of Transportation shall provide assistance to the |
| 481 | task force as requested, including providing expert advice and |
| 482 | funding assistance for OPPAGA to bring in national and |
| 483 | international consultants as deemed appropriate and necessary to |
| 484 | meet the intent of this section. The task force shall report its |
| 485 | findings and recommendations, including any statutory |
| 486 | amendments, to the Governor, the Speaker of the House of |
| 487 | Representatives, and the President of the Senate no later than |
| 488 | January 1, 2008. |
| 489 | (3) This section expires July 1, 2008. |
| 490 | Section 20. In order to implement Specific Appropriations |
| 491 | 1631 and 1633 of the 2007-2008 General Appropriations Act, |
| 492 | subsection (5) of section 252.37, Florida Statutes, is amended |
| 493 | to read: |
| 494 | 252.37 Financing.-- |
| 495 | (5) Unless otherwise specified in the General |
| 496 | Appropriations Act: |
| 497 | (a) Whenever the state accepts financial assistance from |
| 498 | the Federal Government or its agencies under the federal Public |
| 499 | Assistance Program and such financial assistance is conditioned |
| 500 | upon a requirement for matching funds, the state shall provide |
| 501 | the entire match requirement for state agencies and one-half of |
| 502 | the required match for grants to local governments. The affected |
| 503 | local government shall be required to provide one-half of the |
| 504 | required match prior to receipt of such financial assistance. |
| 505 | (b)1. The Executive Office of the Governor may approve a |
| 506 | waiver, subject to the requirement for legislative notice and |
| 507 | review under s. 216.177, of all or a portion of the required |
| 508 | match for public assistance projects for local governments if |
| 509 | the Executive Office of the Governor determines that such a |
| 510 | match requirement cannot be provided, or that doing so would |
| 511 | impose a documented hardship on the local government, and if the |
| 512 | local government applies for the waiver within the first 18 |
| 513 | months after the disaster is declared. |
| 514 | 2. Notwithstanding subparagraph 1., and for the 2007-2008 |
| 515 | fiscal year only, an extension is provided until August 1, 2007, |
| 516 | of the deadline for local governments to apply for a waiver of |
| 517 | local match for disaster funds related to Hurricanes Charley, |
| 518 | Frances, Ivan, and Jeanne. The Executive Office of the Governor |
| 519 | may approve a waiver, subject to the requirement for legislative |
| 520 | notice, review, and objection under s. 216.177, of all or a |
| 521 | portion of the required local match for public assistance |
| 522 | projects for local governments if the Executive Office of the |
| 523 | Governor determines that such a local match requirement cannot |
| 524 | be provided, or that doing so would impose a documented hardship |
| 525 | on the local government, and if the local government applies for |
| 526 | the waiver by August 1, 2007. This subparagraph shall take |
| 527 | effect upon becoming a law and expires July 1, 2008. |
| 528 | Section 21. In order to implement specific appropriations |
| 529 | for salaries and benefits in the 2007-2008 General |
| 530 | Appropriations Act, subsection (4) of section 110.1245, Florida |
| 531 | Statutes, is amended to read: |
| 532 | 110.1245 Savings sharing program; bonus payments; other |
| 533 | awards.-- |
| 534 | (4)(a) Each department head is authorized to incur |
| 535 | expenditures to award suitable framed certificates, pins, or |
| 536 | other tokens of recognition to state employees who demonstrate |
| 537 | satisfactory service in the agency or to the state, in |
| 538 | appreciation and recognition of such service. Such awards may |
| 539 | not cost in excess of $100 each plus applicable taxes. |
| 540 | (b) Notwithstanding paragraph (a), and for the 2007-2008 |
| 541 | fiscal year only, agencies may additionally use funds for cash |
| 542 | awards to state employees who demonstrate satisfactory service |
| 543 | in the agency or to the state, in appreciation and recognition |
| 544 | of such service. Awards may not exceed $100 to any employee and |
| 545 | shall be allocated from an agency's existing budget. An employee |
| 546 | may not receive awards pursuant to this paragraph in excess of |
| 547 | $100 total during the fiscal year. By March 1, 2008, agencies |
| 548 | that elect to make cash awards shall report to the Governor and |
| 549 | Cabinet, the President of the Senate, and the Speaker of the |
| 550 | House of Representatives the dollar value and number of such |
| 551 | awards given. If available, any additional information |
| 552 | concerning employee satisfaction and feedback should be |
| 553 | provided. This paragraph expires July 1, 2008. |
| 554 | Section 22. In order to implement specific appropriations |
| 555 | for salaries and benefits in the 2007-2008 General |
| 556 | Appropriations Act, paragraph (a) of subsection (12) of section |
| 557 | 110.123, Florida Statutes, is amended to read: |
| 558 | 110.123 State group insurance program.-- |
| 559 | (12) HEALTH SAVINGS ACCOUNTS.--The department is |
| 560 | authorized to establish health savings accounts for full-time |
| 561 | and part-time state employees in association with a health |
| 562 | insurance plan option authorized by the Legislature and |
| 563 | conforming to the requirements and limitations of federal |
| 564 | provisions relating to the Medicare Prescription Drug, |
| 565 | Improvement, and Modernization Act of 2003. |
| 566 | (a)1. A member participating in this health insurance plan |
| 567 | option shall be eligible to receive an employer contribution |
| 568 | into the employee's health savings account from the State |
| 569 | Employees Health Insurance Trust Fund in an amount to be |
| 570 | determined by the Legislature. A member is not eligible for an |
| 571 | employer contribution upon termination of employment. For the |
| 572 | 2007-2008 2006-2007 fiscal year, the state's monthly |
| 573 | contribution for employees having individual coverage shall be |
| 574 | $41.66 and the monthly contribution for employees having family |
| 575 | coverage shall be $83.33. |
| 576 | 2. A member participating in this health insurance plan |
| 577 | option shall be eligible to deposit the member's own funds into |
| 578 | a health savings account. |
| 579 | Section 23. (1) In order to implement Specific |
| 580 | Appropriations 1663A, 2867, 2868, and 2869A of the 2007-2008 |
| 581 | General Appropriations Act, there is created the Florida Local |
| 582 | Update of Census Addresses (LUCA) Program for the purpose of |
| 583 | improving the accuracy and completeness of Florida addresses |
| 584 | contained in the United States Department of Commerce, Bureau of |
| 585 | the Census, Master Address File for use in the 2010 Census. This |
| 586 | program shall be administered by the Office of Economic and |
| 587 | Demographic Research. |
| 588 | (2) Of the designated funds for the Florida LUCA Program, |
| 589 | up to $789,880 may be transferred to the Department of Community |
| 590 | Affairs to be awarded as grants. These grants shall be referred |
| 591 | to as the Florida LUCA Technical Assistance Grants and shall be |
| 592 | awarded to Florida local governments in order to ensure that |
| 593 | necessary resources are available for local governments to |
| 594 | participate in the program, thereby encouraging 100 percent |
| 595 | participation by Florida local governments in the Census |
| 596 | Bureau's LUCA program. |
| 597 | (3) The Census Bureau's LUCA program shall have three |
| 598 | options for participation and Florida's LUCA grant program shall |
| 599 | encourage, but not limit, local governments to Option 1: Full |
| 600 | Address List Review. To this end, grants shall be available for |
| 601 | at least four purposes: training-related travel, temporary |
| 602 | staffing or overtime, contractual assistance from other |
| 603 | governmental agencies, and technology used to facilitate the |
| 604 | review. Award preference shall be given to consolidated requests |
| 605 | from counties that include requests from the cities within their |
| 606 | boundaries. By interagency agreement, the Office of Economic and |
| 607 | Demographic Research may provide additional funds to the |
| 608 | Department of Community Affairs for expenses such as travel, |
| 609 | training, grants administration and management, and technical |
| 610 | assistance related to the Florida LUCA program. |
| 611 | (4) Notwithstanding any provision of law to the contrary |
| 612 | and upon request, all Florida governmental agencies are required |
| 613 | to share confidential lists of residential and institutional |
| 614 | (group quarters) addresses with the Office of Economic and |
| 615 | Demographic Research or its designated representatives solely |
| 616 | for the purposes of this program. Otherwise, all standards of |
| 617 | confidentiality shall be maintained. The Office of Economic and |
| 618 | Demographic Research may provide local governments lists of |
| 619 | addresses without identifying the names of owners or occupants |
| 620 | and counts of addresses in order to assist with the local LUCA |
| 621 | review process. |
| 622 | (5) As necessary to accomplish the purposes of this |
| 623 | program in a timely manner, the Department of Community Affairs |
| 624 | may use expedited rulemaking authority in order to implement the |
| 625 | grant program. |
| 626 | Section 24. Any section of this act that implements more |
| 627 | than one specific appropriation or more than one portion of |
| 628 | specifically identified proviso language in the 2007-2008 |
| 629 | General Appropriations Act is void if all the specific |
| 630 | appropriations or portions of specifically identified proviso |
| 631 | language are vetoed. |
| 632 | Section 25. If any other act passed in 2007 contains a |
| 633 | provision that is substantively the same as a provision in this |
| 634 | act, but that removes or is otherwise not subject to the future |
| 635 | repeal applied to such provision by this act, the Legislature |
| 636 | intends that the provision in the other act shall take |
| 637 | precedence and shall continue to operate, notwithstanding the |
| 638 | future repeal provided by this act. |
| 639 | Section 26. If any provision of this act or its |
| 640 | application to any person or circumstance is held invalid, the |
| 641 | invalidity does not affect other provisions or applications of |
| 642 | the act which can be given effect without the invalid provision |
| 643 | or application, and to this end the provisions of this act are |
| 644 | declared severable. |
| 645 | Section 27. Except as otherwise expressly provided in this |
| 646 | act, this act shall take effect July 1, 2007; or, if this act |
| 647 | fails to become a law until after that date, it shall take |
| 648 | effect upon becoming a law and shall operate retroactively to |
| 649 | July 1, 2007. |
| 650 |
|
| 651 | ======= T I T L E A M E N D M E N T ========== |
| 652 | Remove the entire title and insert: |
| 653 | A bill to be entitled |
| 654 | An act implementing the 2007-2008 General Appropriations |
| 655 | Act; providing legislative intent; amending s. 381.0402, |
| 656 | F.S.; prohibiting the Department of Health from using the |
| 657 | annual appropriation to administer and evaluate the area |
| 658 | health education center network; amending s. 394.908, |
| 659 | F.S.; authorizing the Department of Children and Family |
| 660 | Services to allocate funds appropriated for forensic |
| 661 | mental health treatment services by specified allocation |
| 662 | methodology; amending ss. 458.319 and 459.0092, F.S.; |
| 663 | requiring the Department of Health to waive the biennial |
| 664 | license renewal fee for up to a certain number of |
| 665 | allopathic and osteopathic physicians who meet specified |
| 666 | qualifications; amending s. 253.03, F.S.; requiring the |
| 667 | Department of Environmental Protection to lease the South |
| 668 | Florida Evaluation and Treatment Center to Miami-Dade |
| 669 | County for a specified term; requiring Miami-Dade County |
| 670 | to sublease the facility to the existing lessee until the |
| 671 | new South Florida Evaluation and Treatment Center is |
| 672 | completed; authorizing the Department of Corrections and |
| 673 | the Department of Juvenile Justice to make certain |
| 674 | expenditures to defray costs incurred by a municipality or |
| 675 | county as a result of opening or operating a facility |
| 676 | under authority of the respective department; amending s. |
| 677 | 216.262, F.S.; providing for additional positions to |
| 678 | operate additional prison bed capacity under certain |
| 679 | circumstances; authorizing the Executive Office of the |
| 680 | Governor to transfer funds between departments for |
| 681 | purposes of aligning amounts paid for risk management |
| 682 | insurance premiums; authorizing the Department of |
| 683 | Financial Services to expend appropriated funds for |
| 684 | salaries and related expenses; authorizing the Executive |
| 685 | Office of the Governor to transfer funds between |
| 686 | departments for purposes of aligning amounts paid for |
| 687 | human resource management services; amending s. 216.181, |
| 688 | F.S.; authorizing agencies to purchase certain technology |
| 689 | with expense funds; deleting a provision that has expired; |
| 690 | reenacting s. 287.17(3)(a) and (6), F.S.; authorizing the |
| 691 | use of state aircraft for commuting; amending s. |
| 692 | 320.08058, F.S.; authorizing proceeds from the |
| 693 | Professional Sports Development Trust Fund to be used for |
| 694 | operational expenses of the Florida Sports Foundation and |
| 695 | financial support of the Sunshine State Games; amending s. |
| 696 | 339.08, F.S.; providing for administrative expenses from |
| 697 | the State Transportation Trust Fund; amending s. 216.292, |
| 698 | F.S.; authorizing the Governor to recommend fixed capital |
| 699 | outlay projects funded by Federal Emergency Management |
| 700 | Agency grants; providing for review by the Legislative |
| 701 | Budget Commission; amending s. 339.135, F.S.; requiring |
| 702 | the Department of Transportation to transfer funds to the |
| 703 | Office of Tourism, Trade, and Economic Development for the |
| 704 | purpose of funding economic development transportation |
| 705 | projects; creating the Seaport Strategic Planning and |
| 706 | Financing Task Force; providing for the purpose, duties, |
| 707 | and membership of the task force; requiring the Office of |
| 708 | Program Policy Analysis and Government Accountability to |
| 709 | staff the task force and provide funding assistance; |
| 710 | requiring the Department of Transportation to provide |
| 711 | assistance to the task force; amending s. 252.37, F.S.; |
| 712 | extending the deadline for local governments to apply for |
| 713 | a waiver of local match for disaster funds related to |
| 714 | specified hurricanes; amending s. 110.1245, F.S.; |
| 715 | authorizing state agencies to make cash awards to state |
| 716 | employees demonstrating satisfactory service to the agency |
| 717 | or the state; providing limits on such awards; requiring a |
| 718 | report with respect thereto; amending s. 110.123, F.S.; |
| 719 | providing for the state's monthly contribution for |
| 720 | employees under the state group insurance program; |
| 721 | creating the Florida Local Update of Census Addresses |
| 722 | Program within the Office of Economic and Demographic |
| 723 | Research; authorizing the transfer of funds designated for |
| 724 | the program to the Department of Community Affairs for |
| 725 | certain grants; providing requirements relating to the |
| 726 | program; authorizing the Department of Community Affairs |
| 727 | to use expedited rulemaking authority to implement the |
| 728 | program; providing effect of veto of specific |
| 729 | appropriation or proviso to which implementing language |
| 730 | refers; providing for future repeal or expiration of |
| 731 | various provisions; providing for reversion of certain |
| 732 | provisions; providing applicability to other legislation; |
| 733 | providing severability; providing effective dates. |