HB 5003

1	A bill to be entitled
2	An act implementing the 2008-2009 General Appropriations
3	Act; providing legislative intent; incorporating by
4	reference certain calculations of the Florida Education
5	Finance Program for the 2008-2009 fiscal year; amending s.
6	394.908, F.S.; requiring that funds appropriated for
7	forensic mental health treatment services be allocated to
8	the areas of the state having the greatest demand for
9	services and treatment capacity; providing allocation
10	requirements for specified funds appropriated for mental
11	health services; requiring the Department of Children and
12	Family Services to ensure information is entered into the
13	Florida Safe Families Network; requiring coordination
14	between the department and the Office of the State Courts
15	Administrator and the Statewide Guardian Ad Litem Office
16	to provide information relating to child welfare cases;
17	requiring a report to the Governor and Legislature;
18	amending s. 287.057, F.S.; authorizing the Department of
19	Health to enter into an agreement with a specified private
20	contractor to finance, design, and construct a hospital
21	for the treatment of patients with active tuberculosis;
22	requiring the Agency for Health Care Administration to
23	study the effects of certain required minimum nursing home
24	staffing ratios and report to the Governor and
25	Legislature; prohibiting the agency from imposing
26	sanctions related to such staffing ratios; authorizing the
27	Department of Corrections and the Department of Juvenile
28	Justice to make certain expenditures to defray costs
29	incurred by a municipality or county as a result of
30	opening or operating a facility under authority of the
31	respective department; amending s. 216.262, F.S.;
32	providing for additional positions to operate additional
33	prison bed capacity under certain circumstances;
34	authorizing the Department of Legal Affairs to expend
35	appropriated funds on programs funded in the preceding
36	fiscal year; amending s. 932.7055, F.S.; extending the
37	expiration date of provisions authorizing the expenditure
38	of funds in a special law enforcement trust fund
39	established by the governing body of a municipality;
40	specifying certain limitations on reimbursements to a
41	health care provider or hospital by the Department of
42	Corrections; providing an exception for hospitals that
43	reported a negative operating margin for the prior year;
44	requiring that contract rates of the Department of
45	Corrections be based on a percentage of the Medicare
46	allowable rate; authorizing the Department of Legal
47	Affairs to transfer certain funds to pay salaries and
48	benefits; amending s. 112.061, F.S.; providing for certain
49	reimbursement for travel expenses of Supreme Court
50	justices; amending s. 112.24, F.S.; providing conditions
51	on the assignment of an employee of a state agency without
52	reimbursement from the receiving agency; authorizing the
53	Executive Office of the Governor to transfer funds between
54	departments for purposes of aligning amounts paid for risk
55	management premiums and for purposes of aligning amounts
56	paid for human resource management services; amending s.
57	110.123, F.S.; providing for the state's monthly
58	contribution for employees under the state group insurance
59	program; amending s. 255.503, F.S.; delaying the
60	expiration of provisions authorizing the Department of
61	Management Services to sell, lease, or otherwise dispose
62	of facilities within the Florida Facilities Pool and
63	report to the Legislature, the Governor, and the Division
64	of Bond Finance; reenacting s. 287.17(3)(a) and (6), F.S.;
65	authorizing the use of state aircraft for commuting;
66	providing for the future expiration of certain amendments
67	to such provisions; amending s. 61.1824, F.S.; requiring
68	electronic disbursement of certain payments made to the
69	State Disbursement Unit; amending s. 409.2558, F.S.;
70	requiring electronic disbursement of certain payments made
71	to the State Disbursement Unit; authorizing the Department
72	of Revenue to extend the length of a specified contract;
73	offsetting reductions in ad valorem tax revenue
74	experienced by fiscally constrained counties occurring as
75	a direct result of the implementation of revisions of
76	Article VII of the State Constitution approved in the
77	special election held on January 29, 2008; amending s.
78	255.518, F.S.; revising provisions relating to payment of
79	obligations during the construction of any facility
80	financed by such obligations; authorizing the Department
81	of Financial Services to expend certain funds for salaries
82	and related expenses; amending s. 215.559, F.S.; providing
83	for allocation of funds appropriated to the Hurricane Loss
84	Mitigation Program for specified purposes; amending s.
85	253.034, F.S.; delaying the expiration of provisions
86	authorizing the deposit of funds from the sale of property
87	located in Palm Beach County into the Highway Safety
88	Operating Trust Fund by the Department of Highway Safety
89	and Motor Vehicles; amending s. 339.135, F.S.; delaying
90	the expiration of provisions requiring the Department of
91	Transportation to transfer funds to the Office of Tourism,
92	Trade, and Economic Development for the purpose of funding
93	transportation-related needs of economic development
94	transportation projects, space and aerospace
95	infrastructure, and other economic development projects;
96	amending s. 553.721, F.S.; providing for the proceeds from
97	the surcharge collected by the Department of Community
98	Affairs on building additions and renovations to be used
99	to fund regional planning councils, civil legal
100	assistance, and the Front Porch Florida Initiative;
101	amending s. 339.08, F.S.; providing for administrative
102	expenses from the State Transportation Trust Fund;
103	amending s. 253.01, F.S.; providing for moneys in the
104	Internal Improvement Trust Fund to be used for grants and
105	aids to local governments for the drinking water facility
106	construction state revolving loan program; amending ss.
107	212.08, 220.183, and 624.5105, F.S.; providing allocations
108	and limitations on community contribution tax credits;
109	amending s. 403.7095, F.S.; authorizing the Department of
110	Environmental Protection to award funds under the solid
111	waste management grant program for certain purposes;
112	amending s. 570.20, F.S.; delaying the expiration of
113	provisions authorizing moneys in the General Inspection
114	Trust Fund to be appropriated for certain programs
115	operated by the Department of Agriculture and Consumer
116	Services; providing fund transfer authority relating to
117	the Florida Forever Act; amending s. 373.1961, F.S.;
118	providing that funding for alternative water supply shall
119	be allocated as shown in the General Appropriations Act;
120	amending s. 403.890, F.S.; authorizing transfer of moneys
121	in the Water Protection and Sustainability Program Trust
122	Fund to the Ecosystem Management and Restoration Trust
123	Fund for grants and aids to local governments for water
124	projects as provided in the General Appropriations Act;
125	amending s. 375.041, F.S.; authorizing transfer of moneys
126	in the Land Acquisition Trust Fund to the Ecosystem
127	Management and Restoration Trust Fund for grants and aids
128	to local governments for water projects as provided in the
129	General Appropriations Act; amending s. 376.3071, F.S.;
130	extending use of funds in the Inland Protection Trust Fund
131	for certain limited interim soil-source removals;
132	providing for the authorization and issuance of new debt;
133	amending s. 373.472, F.S.; suspending certain uses and
134	purposes of the Save Our Everglades Trust Fund;
135	authorizing the Department of Agriculture and Consumer
136	Services, at its discretion, to extend, revise, and renew
137	certain contracts or agreements in order to provide
138	consistency and continuity in agriculture promotion
139	throughout the state; authorizing and providing conditions
140	for the transfer of funds from the Budget Stabilization
141	Fund or the Lawton Chiles Endowment Fund to the General
142	Revenue Fund; amending s. 215.5601, F.S.; revising the
143	investment objective of the Lawton Chiles Endowment Fund
144	and providing construction with respect thereto; providing
145	intent with respect to the issuance of debt; reenacting s.
146	215.32(2)(b), F.S., relating to the source and use of
147	certain trust funds in order to implement the transfer of
148	moneys in the General Revenue Fund from trust funds in the
149	2008-2009 General Appropriations Act; providing for
150	reduction in legislator salaries; providing for future
151	expiration of various provisions; providing for reversion
152	of statutory text of certain provisions; providing for the
153	effect of a veto of one or more specific appropriations or
154	proviso to which implementing language refers; providing
155	for the continued operation of certain provisions
156	notwithstanding a future repeal or expiration provided by
157	the act; providing for severability; providing effective
158	dates.
159
160	Be It Enacted by the Legislature of the State of Florida:
161
162	Section 1.  It is the intent of the Legislature that the
163	implementing and administering provisions of this act apply to
164	the General Appropriations Act for the 2008-2009 fiscal year.
165	Section 2.  In order to implement Specific Appropriations
166	6, 7, and 81 through 83 of the 2008-2009 General Appropriations
167	Act, the calculations of the Florida Education Finance Program
168	for the 2008-2009 fiscal year in the document entitled "Public
169	School Funding - The Florida Education Finance Program" dated
170	April 28, 2008, and filed with the Clerk of the House of
171	Representatives are incorporated by reference for the purpose of
172	displaying the calculations used by the Legislature, consistent
173	with the requirements of the Florida Statutes, in making
174	appropriations for the Florida Education Finance Program.
175	Section 3.  In order to implement Specific Appropriations
176	376 through 415 of the 2008-2009 General Appropriations Act,
177	subsection (3) of section 394.908, Florida Statutes, is amended
178	to read:
179	394.908  Substance abuse and mental health funding equity;
180	distribution of appropriations.--In recognition of the
181	historical inequity in the funding of substance abuse and mental
182	health services for the department's districts and regions and
183	to rectify this inequity and provide for equitable funding in
184	the future throughout the state, the following funding process
185	shall be used:
186	(3)(a)  Any additional funding beyond the 2005-2006 fiscal
187	year base appropriation for alcohol, drug abuse, and mental
188	health services shall be allocated to districts for substance
189	abuse and mental health services based on:
190	1.(a)  Epidemiological estimates of disabilities that apply
191	to the respective target populations.
192	2.(b)  A pro rata share distribution that ensures districts
193	below the statewide average funding level per person in each
194	target population of "persons in need" receive funding necessary
195	to achieve equity.
196	(b)  Notwithstanding paragraph (a) and for the 2008-2009
197	fiscal year only, funds appropriated for forensic mental health
198	treatment services shall be allocated to the areas of the state
199	having the greatest demand for services and treatment capacity.
200	This paragraph expires July 1, 2009.
201	(c)  Notwithstanding paragraph (a) and for the 2008-2009
202	fiscal year only, additional funds appropriated for mental
203	health services from funds available through the Community-Based
204	Medicaid Administrative Claiming Program shall be allocated as
205	provided in the 2008-2009 General Appropriations Act and in
206	proportion to contributed provider earnings. Where these mental
207	health funds are used in lieu of funds from the General Revenue
208	Fund, the allocation of funds shall be unchanged from the
209	allocation for those funds for the 2007-2008 fiscal year. This
210	paragraph expires July 1, 2009.
211	Section 4.  In order to implement Specific Appropriations
212	302 and 314 of the 2008-2009 General Appropriations Act, the
213	Department of Children and Family Services shall ensure that all
214	public and private agencies and institutions participating in
215	child welfare cases enter information specified by rule of the
216	department into the Florida Safe Families Network in order to
217	maintain the accuracy and usefulness of the system. The Florida
218	Safe Families Network is intended to be the department's
219	automated child welfare case-management system designed to
220	provide child welfare workers with a mechanism for managing
221	child welfare cases more efficiently and tracking children and
222	families more effectively. The department shall coordinate with
223	the Office of the State Courts Administrator and the Statewide
224	Guardian Ad Litem Office for the purpose of providing any judge
225	or magistrate and any guardian ad litem assigned to a dependency
226	court case with access to information in the Florida Safe
227	Families Network relating to a child welfare case which is
228	required to be filed with the court pursuant to chapter 39,
229	Florida Statutes, by the date of the network's release during
230	the 2008-2009 fiscal year. The department shall report to the
231	Governor, the President of the Senate, and the Speaker of the
232	House of Representatives by February 1, 2009, with respect to
233	progress on providing access to the Florida Safe Families
234	Network as provided in this section. This section expires July
235	1, 2009.
236	Section 5.  Effective upon this act becoming a law, in
237	order to implement Specific Appropriations 552, 554, 560, 562,
238	and 563 of the 2008-2009 General Appropriations Act, paragraph
239	(c) is added to subsection (14) of section 287.057, Florida
240	Statutes, to read:
241	287.057  Procurement of commodities or contractual
242	services.--
243	(14)
244	(c)  The Department of Health shall enter into an
245	agreement, not to exceed 20 years, with a private contractor to
246	finance, design, and construct a hospital, of no more than 50
247	beds, for the treatment of patients with active tuberculosis and
248	to operate all aspects of daily operations within the facility.
249	The contractor may sponsor the issuance of tax-exempt
250	certificates of participation or other securities to finance the
251	project, and the state may enter into a lease-purchase agreement
252	for the facility. The department shall begin the implementation
253	of this initiative by July 1, 2008. This paragraph expires July
254	1, 2009.
255	Section 6.  In order to implement Specific Appropriation
256	236 of the 2008-2009 General Appropriations Act, the Agency for
257	Health Care Administration shall study the effects of the
258	minimum nursing home staffing ratios found in s. 400.23(3),
259	Florida Statutes, and the relationship to Medicaid reimbursement
260	and the quality of care provided to residents. The agency shall
261	report its findings to the Governor, the President of the
262	Senate, and the Speaker of the House of Representatives by
263	February 1, 2009. Until July 1, 2009, the agency shall not
264	impose sanctions against a nursing home for failure to meet the
265	staffing ratios in s. 400.23(3), Florida Statutes, or failure to
266	impose a moratorium on new admissions pursuant to s.
267	400.141(15)(d), Florida Statutes, as long as the certified
268	nursing assistant ratio is not below 2.6 hours per resident per
269	day and the licensed nurse ratio is not below 1.0 hours per
270	resident per day. This section expires July 1, 2009.
271	Section 7.  In order to fulfill legislative intent
272	regarding the use of funds contained in Specific Appropriations
273	721K, 721Y, 721AJ, and 1146 of the 2008-2009 General
274	Appropriations Act, the Department of Corrections and the
275	Department of Juvenile Justice may expend appropriated funds to
276	assist in defraying the costs of impacts that are incurred by a
277	municipality or county and associated with opening or operating
278	a facility under the authority of the respective department
279	which is located within that municipality or county. The amount
280	that is to be paid under this section for any facility may not
281	exceed 1 percent of the facility construction cost, less
282	building impact fees imposed by the municipality or by the
283	county if the facility is located in the unincorporated portion
284	of the county. This section expires July 1, 2009.
285	Section 8.  In order to implement Specific Appropriations
286	721A through 760H and 780 through 806A of the 2008-2009 General
287	Appropriations Act, subsection (4) of section 216.262, Florida
288	Statutes, is amended to read:
289	216.262  Authorized positions.--
290	(4)  Notwithstanding the provisions of this chapter on
291	increasing the number of authorized positions, and for the 2008-
292	2009 2007-2008 fiscal year only, if the actual inmate population
293	of the Department of Corrections exceeds the inmate population
294	projections of the February 15, 2008 February 16, 2007, Criminal
295	Justice Estimating Conference by 1 percent for 2 consecutive
296	months or 2 percent for any month, the Executive Office of the
297	Governor, with the approval of the Legislative Budget
298	Commission, shall immediately notify the Criminal Justice
299	Estimating Conference, which shall convene as soon as possible
300	to revise the estimates. The Department of Corrections may then
301	submit a budget amendment requesting the establishment of
302	positions in excess of the number authorized by the Legislature
303	and additional appropriations from unallocated general revenue
304	sufficient to provide for essential staff, fixed capital
305	improvements, and other resources to provide classification,
306	security, food services, health services, and other variable
307	expenses within the institutions to accommodate the estimated
308	increase in the inmate population. All actions taken pursuant to
309	the authority granted in this subsection shall be subject to
310	review and approval by the Legislative Budget Commission. This
311	subsection expires July 1, 2009 2008.
312	Section 9.  In order to implement Specific Appropriations
313	1301 and 1302 of the 2008-2009 General Appropriations Act, the
314	Department of Legal Affairs is authorized to expend appropriated
315	funds in those specific appropriations on the same programs that
316	were funded by the department pursuant to specific
317	appropriations made in general appropriations acts in prior
318	years. This section expires July 1, 2009.
319	Section 10.  In order to implement Specific Appropriation
320	1210 of the 2008-2009 General Appropriations Act, subsection (4)
321	of section 932.7055, Florida Statutes, is amended to read:
322	932.7055  Disposition of liens and forfeited property.--
323	(4)  The proceeds from the sale of forfeited property shall
324	be disbursed in the following priority:
325	(a)  Payment of the balance due on any lien preserved by
326	the court in the forfeiture proceedings.
327	(b)  Payment of the cost incurred by the seizing agency in
328	connection with the storage, maintenance, security, and
329	forfeiture of such property.
330	(c)  Payment of court costs incurred in the forfeiture
331	proceeding.
332	(d)  Notwithstanding any other provision of this
333	subsection, and for the 2008-2009 2007-2008 fiscal year only,
334	the funds in a special law enforcement trust fund established by
335	the governing body of a municipality may be expended to
336	reimburse the general fund of the municipality for moneys
337	advanced from the general fund to the special law enforcement
338	trust fund prior to October 1, 2001. This paragraph expires July
339	1, 2009 2008.
340	Section 11.  In order to implement Specific Appropriation
341	786 of the 2008-2009 General Appropriations Act, the Department
342	of Corrections shall comply with the following reimbursement
343	limitations:
344	(1)  If no contract exists between the Department of
345	Corrections and a hospital licensed under chapter 395 or a
346	health care provider providing services at a hospital licensed
347	under chapter 395 regarding services, payments may not exceed
348	110 percent of the Medicare allowable rate.
349	(2)  If a contract has been executed between the Department
350	of Corrections and a hospital licensed under chapter 395 or a
351	health care provider providing services at a hospital licensed
352	under chapter 395, payments shall continue at the currently
353	contracted rates through the current term of the contract;
354	however, if the contract expires or is subject to renewal during
355	the 2007-2008 fiscal year, the payments may not exceed 110
356	percent of Medicare allowable rate.
357	(3)  If the Department of Corrections enters into a new
358	contract with a hospital licensed under chapter 395 or a health
359	care provider providing services at a hospital licensed under
360	chapter 395, the payments may not exceed 110 percent of the
361	Medicare allowable rate.
362	(4)  Notwithstanding the limitations of subsections (1),
363	(2), and (3) to the contrary, the Department of Corrections may
364	pay up to 125 percent of the Medicare allowable rate for
365	hospitals licensed under chapter 395 that reported to the Agency
366	for Health Care Administration, through hospital audited
367	financial data, a negative operating margin for the previous
368	year.
369	(5)  This section shall not be applicable to charges for
370	medical services provided at any hospital operated by the
371	Department of Corrections.
372
373	The Department of Corrections may not negotiate contracts for
374	medical services at hospitals licensed under chapter 395 for
375	rates other than rates based on a percentage of the Medicare
376	allowable rate. This section expires July 1, 2009.
377	Section 12.  In order to implement Specific Appropriations
378	1266, 1286, 1307, and 1317 of the 2008-2009 General
379	Appropriations Act, the Department of Legal Affairs is
380	authorized to transfer cash remaining after required
381	disbursements from Attorney General case numbers L01-6-1004,
382	L03-6-1002, and L01-6-1009 from FLAIR account 41-74-2-601001-
383	41100100-00-181076-00 to the Operating Trust fund to pay
384	salaries and benefits. This section expires July 1, 2009.
385	Section 13.  In order to implement Specific Appropriation
386	3205 of the 2008-2009 General Appropriations Act, subsection
387	(16) is added to section 112.061, Florida Statutes, to read:
388	112.061  Per diem and travel expenses of public officers,
389	employees, and authorized persons.--
390	(16)  SUPREME COURT JUSTICES.--Notwithstanding any
391	provision of this section to the contrary, the Chief Justice of
392	the Supreme Court is authorized to reimburse justices of the
393	Supreme Court for travel expenses, including travel, per diem,
394	and subsistence allowances, associated with travel to
395	Tallahassee on official business for the state from the county
396	in which the justice resides for no more than 36 trips per
397	justice, provided that reimbursement may not be made for travel
398	to Tallahassee if the justice resides within 50 miles of the
399	headquarters of the Supreme Court. This subsection expires July
400	1, 2009.
401	Section 14.  In order to implement Specific Appropriations
402	for salaries and benefits in the 2008-2009 General
403	Appropriations Act, paragraph (b) of subsection (3) of section
404	112.24, Florida Statutes, is amended to read:
405	112.24  Intergovernmental interchange of public
406	employees.--To encourage economical and effective utilization of
407	public employees in this state, the temporary assignment of
408	employees among agencies of government, both state and local,
409	and including school districts and public institutions of higher
410	education is authorized under terms and conditions set forth in
411	this section. State agencies, municipalities, and political
412	subdivisions are authorized to enter into employee interchange
413	agreements with other state agencies, the Federal Government,
414	another state, a municipality, or a political subdivision
415	including a school district, or with a public institution of
416	higher education. State agencies are also authorized to enter
417	into employee interchange agreements with private institutions
418	of higher education and other nonprofit organizations under the
419	terms and conditions provided in this section. In addition, the
420	Governor or the Governor and Cabinet may enter into employee
421	interchange agreements with a state agency, the Federal
422	Government, another state, a municipality, or a political
423	subdivision including a school district, or with a public
424	institution of higher learning to fill, subject to the
425	requirements of chapter 20, appointive offices which are within
426	the executive branch of government and which are filled by
427	appointment by the Governor or the Governor and Cabinet. Under
428	no circumstances shall employee interchange agreements be
429	utilized for the purpose of assigning individuals to participate
430	in political campaigns. Duties and responsibilities of
431	interchange employees shall be limited to the mission and goals
432	of the agencies of government.
433	(3)  Salary, leave, travel and transportation, and
434	reimbursements for an employee of a sending party that is
435	participating in an interchange program shall be handled as
436	follows:
437	(b)1.  The assignment of an employee of a state agency
438	either on detail or on leave of absence may be made without
439	reimbursement by the receiving party for the travel and
440	transportation expenses to or from the place of the assignment
441	or for the pay and benefits, or a part thereof, of the employee
442	during the assignment.
443	2.  For the 2008-2009 fiscal year only, the assignment of
444	an employee of a state agency as provided in subparagraph 1. may
445	be made if recommended by the Governor or Chief Justice, as
446	appropriate, and approved by the chairs of the Senate Fiscal
447	Policy and Calendar Committee and the House Policy and Budget
448	Council. Such actions shall be deemed approved if neither chair
449	provides written notice of objection within 14 days after the
450	chair's receiving notice of the action pursuant to s. 216.177.
451	This subparagraph expires July 1, 2009.
452	Section 15.  In order to implement the appropriation of
453	funds in Special Categories-Risk Management Insurance of the
454	2008-2009 General Appropriations Act, and pursuant to the
455	notice, review, and objection procedures of s. 216.177, Florida
456	Statutes, the Executive Office of the Governor is authorized to
457	transfer funds appropriated in the appropriation category
458	"Special Categories-Risk Management Insurance" of the 2008-2009
459	General Appropriations Act between departments in order to align
460	the budget authority granted with the premiums paid by each
461	department for risk management insurance. This section expires
462	July 1, 2009.
463	Section 16.  In order to implement the appropriation of
464	funds in Special Categories-Transfer to Department of Management
465	Services-Human Resources Services Purchased Per Statewide
466	Contract of the 2008-2009 General Appropriations Act, and
467	pursuant to the notice, review, and objection procedures of s.
468	216.177, Florida Statutes, the Executive Office of the Governor
469	is authorized to transfer funds appropriated in the
470	appropriation category "Special Categories-Transfer to
471	Department of Management Services-Human Resources Services
472	Purchased Per Statewide Contract" of the 2008-2009 General
473	Appropriations Act between departments in order to align the
474	budget authority granted with the assessments that must be paid
475	by each agency to the Department of Management Services for
476	human resource management services. This section expires July 1,
477	2009.
478	Section 17.  In order to implement specific appropriations
479	for salaries and benefits in the 2008-2009 General
480	Appropriations Act, paragraph (a) of subsection (12) of section
481	110.123, Florida Statutes, is amended to read:
482	110.123  State group insurance program.--
483	(12)  HEALTH SAVINGS ACCOUNTS.--The department is
484	authorized to establish health savings accounts for full-time
485	and part-time state employees in association with a health
486	insurance plan option authorized by the Legislature and
487	conforming to the requirements and limitations of federal
488	provisions relating to the Medicare Prescription Drug,
489	Improvement, and Modernization Act of 2003.
490	(a)1.  A member participating in this health insurance plan
491	option shall be eligible to receive an employer contribution
492	into the employee's health savings account from the State
493	Employees Health Insurance Trust Fund in an amount to be
494	determined by the Legislature. A member is not eligible for an
495	employer contribution upon termination of employment. For the
496	2008-2009 2007-2008 fiscal year, the state's monthly
497	contribution for employees having individual coverage shall be
498	$41.66 and the monthly contribution for employees having family
499	coverage shall be $83.33.
500	2.  A member participating in this health insurance plan
501	option shall be eligible to deposit the member's own funds into
502	a health savings account.
503	Section 18.  In order to implement Specific Appropriations
504	2801 through 2814 of the 2008-2009 General Appropriations Act,
505	subsection (7) of section 255.503, Florida Statutes, is amended
506	to read:
507	255.503  Powers of the Department of Management
508	Services.--The Department of Management Services shall have all
509	the authority necessary to carry out and effectuate the purposes
510	and provisions of this act, including, but not limited to, the
511	authority to:
512	(7)(a)  Sell, lease, release, or otherwise dispose of
513	facilities in the pool in accordance with applicable law.
514	(b)  No later than the date upon which the department
515	recommends to the Division of State Lands of the Department of
516	Environmental Protection the disposition of any facility within
517	the Florida Facilities Pool, the department shall provide to the
518	President of the Senate, the Speaker of the House of
519	Representatives, the Executive Office of the Governor, and the
520	Division of Bond Finance of the State Board of Administration an
521	analysis that includes:
522	1.  The cost benefit of the proposed facility disposition,
523	including the facility's current operating expenses, condition,
524	and market value, and viable alternatives for work space for
525	impacted state employees.
526	2.  The effect of the proposed facility disposition on the
527	financial status of the Florida Facilities Pool, including the
528	effect on rental rates and coverage requirement for the bonds.
529
530	This paragraph expires July 1, 2009 2008.
531	Section 19.  In order to implement Specific Appropriations
532	2826 through 2835 of the 2008-2009 General Appropriations Act,
533	paragraph (a) of subsection (3) and subsection (6) of section
534	287.17, Florida Statutes, are reenacted to read:
535	287.17  Limitation on use of motor vehicles and aircraft.--
536	(3)(a)  The term "official state business" may not be
537	construed to permit the use of a motor vehicle for commuting
538	purposes, unless special assignment of a motor vehicle is
539	authorized as a perquisite by the Department of Management
540	Services, required by an employee after normal duty hours to
541	perform duties of the position to which assigned, or authorized
542	for an employee whose home is the official base of operation.
543	(6)  It is the intention of the Legislature that persons
544	traveling on state aircraft for purposes consistent with, but
545	not necessarily constituting, official state business may travel
546	only when accompanying persons who are traveling on official
547	state business and that such persons shall pay the state for all
548	costs associated with such travel. Notwithstanding paragraph
549	(3)(a), a person traveling on state aircraft for purposes other
550	than official state business shall pay for any trip not
551	exclusively for state business by paying a prorated share of all
552	fixed and variable expenses related to the ownership, operation,
553	and use of such aircraft.
554	Section 20.  The amendment of s. 287.17, Florida Statutes,
555	as carried forward by this act from chapters 2005-71, 2006-26,
556	and 2007-73, Laws of Florida, shall expire July 1, 2009, and the
557	text of that section shall revert to that in existence on June
558	30, 2005, except that any amendments to such text enacted other
559	than by chapters 2005-71, 2006-26, and 2007-73, Laws of Florida,
560	shall be preserved and continue to operate to the extent that
561	such amendments are not dependent upon the portions of such text
562	which expire pursuant to this section.
563	Section 21.  In order to implement Specific Appropriation
564	3070 of the 2008-2009 General Appropriations Act, paragraph (d)
565	of subsection (3) of section 61.1824, Florida Statutes, is
566	amended to read:
567	61.1824  State Disbursement Unit.--
568	(3)  The State Disbursement Unit shall perform the
569	following functions:
570	(d)  To the extent feasible, use automated procedures for
571	the collection and disbursement of support payments, including,
572	but not limited to, having procedures for:
573	1.  Receipt of payments from obligors, employers, other
574	states and jurisdictions, and other entities.
575	2.  Timely disbursement of payments to obligees, the
576	department, and other state Title IV-D agencies.
577	3.  Accurate identification of payment source and amount.
578	4.  Furnishing any parent, upon request, timely information
579	on the current status of support payments under an order
580	requiring payments to be made by or to the parent, except that
581	in cases described in paragraph (1)(b), prior to the date the
582	State Disbursement Unit becomes fully operational, the State
583	Disbursement Unit shall not be required to convert and maintain
584	in automated form records of payments kept pursuant to s.
585	61.181.
586	5.  Electronic disbursement of support payments to
587	obligees. The State Disbursement Unit shall notify obligees of
588	electronic disbursement options and encourage their use through
589	promotional material. Any payments made to the State
590	Disbursement Unit that are owed to the obligee shall be
591	disbursed electronically. The obligee may designate a personal
592	account for deposit of payments.  If the obligee does not
593	designate a personal account, the State Disbursement Unit shall
594	deposit any payments into a stored-value account that can be
595	accessed by the obligee.
596	Section 22.  The amendment of s. 61.1824(3)(d), Florida
597	Statutes, made by this act shall expire July 1, 2009, and the
598	text of that paragraph shall revert to that in existence on June
599	30, 2008, except that any amendments to such text enacted other
600	than by this act shall be preserved and continue to operate to
601	the extent that such amendments are not dependent upon the
602	portions of such text which expire pursuant to this section.
603	Section 23.  In order to implement Specific Appropriation
604	3070 of the 2008-2009 General Appropriations Act, subsections
605	(2) through (8) of section 409.2558, Florida Statutes, are
606	renumbered as subsections (3) through (9), respectively, and a
607	new subsection (2) is added to that section, to read:
608	409.2558  Support distribution and disbursement.--
609	(2)  ELECTRONIC DISBURSEMENT OF PAYMENTS.--Any payments
610	made to the State Disbursement Unit that are owed to the obligee
611	in a Title IV-D case shall be disbursed electronically. The
612	obligee may designate a personal account for deposit of
613	payments. If the obligee does not designate a personal account,
614	the State Disbursement Unit shall deposit any payments into a
615	stored-value account that can be accessed by the obligee. This
616	subsection expires July 1, 2009.
617	Section 24.  In order to implement Specific Appropriation
618	3070 of the 2008-2009 General Appropriations Act,
619	notwithstanding ss. 61.1826(4)(a) and 287.057, Florida Statutes,
620	relating to contract extensions and renewals, the Department of
621	Revenue shall extend for 66 months contract C3636 entered into
622	pursuant to s. 61.1826, Florida Statutes. This section expires
623	July 1, 2009.
624	Section 25.  (1)  In order to implement Specific
625	Appropriation 3056A of the 2008-2009 General Appropriations Act
626	and notwithstanding the provisions of Section 9 of chapter 2007-
627	339, Laws of Florida, the moneys provided in Specific
628	Appropriation 3056A are appropriated to offset the reductions in
629	ad valorem tax revenue experienced by fiscally constrained
630	counties, as defined in s. 218.67(1), Florida Statutes, which
631	occur as a direct result of the implementation of revisions of
632	Article VII of the State Constitution approved in the special
633	election held on January 29, 2008. The moneys appropriated for
634	this purpose shall be distributed in January of 2009 among the
635	fiscally constrained counties based on each county's proportion
636	of the total reduction in ad valorem tax revenue resulting from
637	the implementation of the revision.
638	(2)  On or before November 15, 2008, each fiscally
639	constrained county shall apply to the Department of Revenue to
640	participate in the distribution of the appropriation and provide
641	documentation supporting the county's estimated reduction in ad
642	valorem tax revenue in the form and manner prescribed by the
643	Department of Revenue. The documentation must include an
644	estimate of the reduction in taxable value directly attributable
645	to revisions of Article VII of the State Constitution for all
646	county taxing jurisdictions within the county and shall be
647	prepared by the property appraiser in each fiscally constrained
648	county. The documentation must also include the county millage
649	rates applicable in all such jurisdictions for both the current
650	year and the prior year; rolled-back rates, determined as
651	provided in s. 200.065, Florida Statutes, for each county taxing
652	jurisdiction; and maximum millage rates that could have been
653	levied by majority vote pursuant to s. 200.185, Florida
654	Statutes. For purposes of this section, each fiscally
655	constrained county's reduction in ad valorem tax revenue shall
656	be calculated as 95 percent of the estimated reduction in
657	taxable value times the 2007 applicable millage rate.
658	(3)  This section expires July 1, 2009, and shall be
659	superseded if similar provisions contained in Senate Bill 1588,
660	2008 Regular Session, become law.
661	Section 26.  In order to implement Specific Appropriation
662	2819 of the 2008-2009 General Appropriations Act, paragraph (b)
663	of subsection (1) of section 255.518, Florida Statutes, is
664	amended to read:
665	255.518  Obligations; purpose, terms, approval,
666	limitations.--
667	(1)
668	(b)  Payment of debt service charges and any reserves on
669	obligations during the construction of any facility financed by
670	such obligations shall be made from funds other than proceeds of
671	obligations.
672	Section 27.  The amendment to s. 255.518(1)(b), Florida
673	Statutes, by this act shall expire July 1, 2009, and the text of
674	that paragraph shall revert to that in existence on June 30,
675	2008, except that any amendments to such text enacted other than
676	by this act shall be preserved and continue to operate to the
677	extent that such amendments are not dependent upon the portions
678	of such text which expire pursuant to this section.
679	Section 28.  In order to implement Specific Appropriations
680	2536, 2537, 2538, and 2542 of the 2008-2009 General
681	Appropriations Act, for the 2008-2009 fiscal year only and
682	notwithstanding any conflicting requirements of section 4 of
683	chapter 2006-12, Laws of Florida, the Department of Financial
684	Services may expend $998,820 of the funds appropriated by
685	section 4 of chapter 2006-12, Laws of Florida, for salaries and
686	related expenses. This section expires July 1, 2009.
687	Section 29.  In order to implement Specific Appropriation
688	1541 of the 2008-2009 General Appropriations Act, subsection (8)
689	of section 215.559, Florida Statutes, is renumbered as
690	subsection (9), respectively, and a new subsection (8) is added
691	to that section to read:
692	215.559  Hurricane Loss Mitigation Program.--
693	(8)(a)  Notwithstanding any other provision of this section
694	and for the 2008-2009 fiscal year only, the $10 million
695	appropriation provided for in section (1) shall be allocated as
696	follows:
697	1.  The sum of $2.8 million shall be used to inspect and
698	improve tie-downs for mobile homes for the same purpose as
699	specified in paragraph (3)(a).
700	2.  The sum of $700,000 shall be allocated to the Florida
701	International University for the same purpose as specified in
702	subsection (4).
703	3.  The sum of $6,421,764 shall be used to install
704	emergency power generators in special-needs hurricane evacuation
705	shelters as provided in section 1 of chapter 2006-71, Laws of
706	Florida, except that such funds may not be used for
707	administrative purposes.
708	4.  The sum of $78,236 shall be allocated for operational
709	purposes of the department as specified in the 2008-2009 General
710	Appropriations Act.
711	(b)  This subsection expires July 1, 2009.
712	Section 30.  In order to implement Section 61 of the 2008-
713	2009 General Appropriations Act, subsection (13) of section
714	253.034, Florida Statutes, is amended to read:
715	253.034  State-owned lands; uses.--
716	(13)  Notwithstanding the provisions of this section, funds
717	from the sale of property by the Department of Highway Safety
718	and Motor Vehicles located in Palm Beach County are authorized
719	to be deposited into the Highway Safety Operating Trust Fund to
720	facilitate the exchange as provided in the General
721	Appropriations Act, provided that at the conclusion of both
722	exchanges the values are equalized. This subsection expires July
723	1, 2009 2008.
724	Section 31.  In order to implement Specific Appropriations
725	2063, 2070 through 2082, 2098, 2099, 2100, 2102 through 2107,
726	2109 through 2119, and 2159 through 2169 of the 2008-2009
727	General Appropriations Act, subsection (5) of section 339.135,
728	Florida Statutes, is amended to read:
729	339.135  Work program; legislative budget request;
730	definitions; preparation, adoption, execution, and amendment.--
731	(5)(a)  ADOPTION OF THE WORK PROGRAM.--The original
732	approved budget for operational and fixed capital expenditures
733	for the department shall be the Governor's budget recommendation
734	and the first year of the tentative work program, as both are
735	amended by the General Appropriations Act and any other act
736	containing appropriations. In accordance with the appropriations
737	act, the department shall, prior to the beginning of the fiscal
738	year, adopt a final work program which shall only include the
739	original approved budget for the department for the ensuing
740	fiscal year together with any roll forwards approved pursuant to
741	paragraph (6)(c) and the portion of the tentative work program
742	for the following 4 fiscal years revised in accordance with the
743	original approved budget for the department for the ensuing
744	fiscal year together with said roll forwards. The adopted work
745	program may include only those projects submitted as part of the
746	tentative work program developed under the provisions of
747	subsection (4) plus any projects which are separately identified
748	by specific appropriation in the General Appropriations Act and
749	any roll forwards approved pursuant to paragraph (6)(c).
750	However, any transportation project of the department which is
751	identified by specific appropriation in the General
752	Appropriations Act shall be deducted from the funds annually
753	distributed to the respective district pursuant to paragraph
754	(4)(a). In addition, the department shall not in any year
755	include any project or allocate funds to a program in the
756	adopted work program that is contrary to existing law for that
757	particular year. Projects shall not be undertaken unless they
758	are listed in the adopted work program.
759	(b)  Notwithstanding paragraph (a), and for the 2008-2009
760	2007-2008 fiscal year only, the Department of Transportation
761	shall transfer funds to the Office of Tourism, Trade, and
762	Economic Development in an amount equal to $36,750,000
763	$25,400,000 for the purpose of funding transportation-related
764	needs of economic development transportation projects, space and
765	aerospace infrastructure, and other economic development
766	projects. This transfer shall not reduce, delete, or defer any
767	existing projects funded, as of July 1, 2008 2007, in the
768	Department of Transportation's 5-year work program. This
769	paragraph expires July 1, 2009 2008.
770	(c)  Notwithstanding paragraph (a) or subparagraph
771	(4)(a)1., and for the 2008-2009 2007-2008 fiscal year only, the
772	Department of Transportation shall fund projects in Specific
773	Appropriations 2063, 2071, 2077, 2079, 2102, 2106, 2109, and
774	2116 of the 2008-2009 General Appropriations Act. Funding for
775	these specific appropriations shall be from projects or phases
776	thereof within the department's fiscal year 2008-2009 work
777	program not programmed for contract letting as identified with a
778	work program contract class code 8 and the box code RV. This
779	funding shall not negatively impact safety, preservation,
780	maintenance, or project contingency levels as of July 1, 2008
781	provide funds for the Seaport Strategic Planning and Financing
782	Task Force in an amount not to exceed $75,000; the preliminary
783	engineering and environmental plans and activities for the
784	construction of an interchange on Suncoast Parkway and Lutz Fern
785	Road in an amount not to exceed $975,000; the Rehabilitation of
786	Local Bridges in an amount not to exceed $300,000; and the East
787	Winterberry Bridge Replacement in an amount not to exceed
788	$500,000. To fund these specific appropriations, the Department
789	of Transportation shall not reduce, delete, or defer any
790	existing projects funded as of July 1, 2007, in the 5-year work
791	program. This paragraph expires July 1, 2009 2008.
792	Section 32.  In order to implement Specific Appropriations
793	1511, 1586, and 1606A and section 69 of the 2008-2009 General
794	Appropriations Act, section 553.721, Florida Statutes, is
795	amended to read:
796	553.721  Surcharge.--
797	(1)  In order for the Department of Community Affairs to
798	administer and carry out the purposes of this part and related
799	activities, there is hereby created a surcharge, to be assessed
800	at the rate of one-half cent per square foot under-roof floor
801	space permitted pursuant to s. 125.56(4) or s. 166.201. However,
802	for additions, alterations, or renovations to existing
803	buildings, the surcharge shall be computed on the basis of the
804	square footage being added, altered, or renovated. The unit of
805	government responsible for collecting a permit fee pursuant to
806	s. 125.56(4) or s. 166.201 shall collect such surcharge and
807	remit the funds collected to the department on a quarterly
808	calendar basis, and such unit of government may retain an amount
809	up to 5 percent of the surcharge collected to cover costs
810	associated with the collection and remittance of such surcharge.
811	All funds remitted to the department pursuant to this subsection
812	shall be deposited in the Operating Trust Fund. Funds collected
813	from such surcharge shall not be used to fund research on
814	techniques for mitigation of radon in existing buildings. Funds
815	used by the department as well as funds to be transferred to the
816	Department of Health shall be as prescribed in the annual
817	General Appropriations Act. The department shall adopt rules
818	governing the collection and remittance of surcharges in
819	accordance with chapter 120.
820	(2)  Notwithstanding subsection (1), and for the 2008-2009
821	fiscal year only, the amount transferred from the Operating
822	Trust Fund to the Grants and Donations Trust Fund of the
823	Department of Community Affairs pursuant to the General
824	Appropriations Act for the 2008-2009 fiscal year shall be used
825	for the regional planning councils, civil legal assistance, and
826	the Front Porch Florida Initiative.
827	Section 33.  In order to implement Specific Appropriation
828	2153 of the 2008-2009 General Appropriations Act, subsection (1)
829	of section 339.08, Florida Statutes, is amended to read:
830	339.08  Use of moneys in State Transportation Trust Fund.--
831	(1)  The department shall expend moneys in the State
832	Transportation Trust Fund accruing to the department, in
833	accordance with its annual budget. The use of such moneys shall
834	be restricted to the following purposes:
835	(a)  To pay administrative expenses of the department,
836	including administrative expenses incurred by the several state
837	transportation districts, but excluding administrative expenses
838	of commuter rail authorities that do not operate rail service.
839	(b)  To pay the cost of construction of the State Highway
840	System.
841	(c)  To pay the cost of maintaining the State Highway
842	System.
843	(d)  To pay the cost of public transportation projects in
844	accordance with chapter 341 and ss. 332.003-332.007.
845	(e)  To reimburse counties or municipalities for
846	expenditures made on projects in the State Highway System as
847	authorized by s. 339.12(4) upon legislative approval.
848	(f)  To pay the cost of economic development transportation
849	projects in accordance with s. 288.063.
850	(g)  To lend or pay a portion of the operating,
851	maintenance, and capital costs of a revenue-producing
852	transportation project that is located on the State Highway
853	System or that is demonstrated to relieve traffic congestion on
854	the State Highway System.
855	(h)  To match any federal-aid funds allocated for any other
856	transportation purpose, including funds allocated to projects
857	not located in the State Highway System.
858	(i)  To pay the cost of county road projects selected in
859	accordance with the Small County Road Assistance Program created
860	in s. 339.2816.
861	(j)  To pay the cost of county or municipal road projects
862	selected in accordance with the County Incentive Grant Program
863	created in s. 339.2817, the Small County Outreach Program
864	created in s. 339.2818, and the Enhanced Bridge Program for
865	Sustainable Transportation created in s. 339.285.
866	(k)  To provide loans and credit enhancements for use in
867	constructing and improving highway transportation facilities
868	selected in accordance with the state-funded infrastructure bank
869	created in s. 339.55.
870	(l)  To pay the cost of projects on the Florida Strategic
871	Intermodal System created in s. 339.61.
872	(m)  To pay the cost of transportation projects selected in
873	accordance with the Transportation Regional Incentive Program
874	created in s. 339.2819.
875	(n)  To pay administrative expenses incurred in accordance
876	with applicable laws for a multicounty transportation or
877	expressway authority created under chapter 343 or chapter 348,
878	where jurisdiction for the authority includes a portion of the
879	State Highway System and the administrative expenses are in
880	furtherance of the duties and responsibilities of the authority
881	in the development of improvements to the State Highway System.
882	This paragraph expires July 1, 2009.
883	(o)(n)  To pay other lawful expenditures of the department.
884	Section 34.  In order to implement Specific Appropriation
885	1775 of the 2008-2009 General Appropriations Act, subsection (3)
886	of section 253.01, Florida Statutes, is amended to read:
887	253.01  Internal Improvement Trust Fund established.--
888	(3)  In addition to the uses allowed in subsection (2) for
889	the 2008-2009 2007-2008 fiscal year, moneys in the Internal
890	Improvement Trust Fund are authorized to be transferred to the
891	Ecosystem Management and Restoration Trust Fund for grants and
892	aids to local governments for the drinking water facility
893	construction state revolving loan program, water projects as
894	provided in the General Appropriations Act. This subsection
895	expires July 1, 2009 2008.
896	Section 35.  In order to implement Specific Appropriation
897	1615A of the 2008-2009 General Appropriations Act, subsection
898	(1) of section 220.183, Florida Statutes, is amended to read:
899	220.183  Community contribution tax credit.--
900	(1)  AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
901	CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
902	SPENDING.--
903	(a)  There shall be allowed a credit of 50 percent of a
904	community contribution against any tax due for a taxable year
905	under this chapter.
906	(b)  No business firm shall receive more than $200,000 in
907	annual tax credits for all approved community contributions made
908	in any one year.
909	(c)  The total amount of tax credit which may be granted
910	for all programs approved under this section, s. 212.08(5)(p),
911	and s. 624.5105 is $10.5 million annually for projects that
912	provide homeownership opportunities for low-income or very-low-
913	income households as defined in s. 420.9071(19) and (28) and
914	$3.5 million annually for all other projects.
915	(d)  All proposals for the granting of the tax credit shall
916	require the prior approval of the Office of Tourism, Trade, and
917	Economic Development.
918	(e)  If the credit granted pursuant to this section is not
919	fully used in any one year because of insufficient tax liability
920	on the part of the business firm, the unused amount may be
921	carried forward for a period not to exceed 5 years. The
922	carryover credit may be used in a subsequent year when the tax
923	imposed by this chapter for such year exceeds the credit for
924	such year under this section after applying the other credits
925	and unused credit carryovers in the order provided in s.
926	220.02(8).
927	(f)  A taxpayer who files a Florida consolidated return as
928	a member of an affiliated group pursuant to s. 220.131(1) may be
929	allowed the credit on a consolidated return basis.
930	(g)  A taxpayer who is eligible to receive the credit
931	provided for in s. 624.5105 is not eligible to receive the
932	credit provided by this section.
933	(h)  Notwithstanding paragraph (c), and for the 2008-2009
934	fiscal year only, the total amount of tax credit which may be
935	granted for all programs approved under this section, s.
936	212.08(5)(p), and s. 624.5105 is $13 million annually for
937	projects that provide homeownership opportunities for low-income
938	or very-low-income households as defined in s. 420.9071(19) and
939	(28) and $3.5 million annually for all other projects. This
940	paragraph expires June 30, 2009.
941	Section 36.  In order to implement Specific Appropriation
942	1615A of the 2008-2009 General Appropriations Act, Section
943	624.5105, Florida Statutes, is amended to read:
944	624.5105  Community contribution tax credit; authorization;
945	limitations; eligibility and application requirements;
946	administration; definitions; expiration.--
947	(1)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--
948	(a)  There shall be allowed a credit of 50 percent of a
949	community contribution against any tax due for a calendar year
950	under s. 624.509 or s. 624.510.
951	(b)  No insurer shall receive more than $200,000 in annual
952	tax credits for all approved community contributions made in any
953	one year.
954	(c)  The total amount of tax credit which may be granted
955	for all programs approved under this section and ss.
956	212.08(5)(p) and 220.183 is $10.5 million annually for projects
957	that provide homeownership opportunities for low-income or very-
958	low-income households as defined in s. 420.9071(19) and (28) and
959	$3.5 million annually for all other projects.
960	(d)  Each proposal for the granting of such tax credit
961	requires the prior approval of the director.
962	(e)  If the credit granted pursuant to this section is not
963	fully used in any one year because of insufficient tax liability
964	on the part of the insurer, the unused amount may be carried
965	forward for a period not to exceed 5 years. The carryover credit
966	may be used in a subsequent year when the tax imposed by s.
967	624.509 or s. 624.510 for such year exceeds the credit under
968	this section for such year.
969	(f)  An insurer that claims a credit against premium-tax
970	liability earned by making a community contribution under this
971	section need not pay any additional retaliatory tax levied under
972	s. 624.5091 as a result of claiming such a credit. Section
973	624.5091 does not limit such a credit in any manner.
974	(2)  ELIGIBILITY REQUIREMENTS.--
975	(a)  Each community contribution by an insurer must be in a
976	form specified in subsection (5).
977	(b)  Each community contribution must be reserved
978	exclusively for use in a project as defined in s. 220.03(1)(t).
979	(c)  The project must be undertaken by an "eligible
980	sponsor," as defined in s. 220.183(2)(c). In no event shall a
981	contributing insurer have a financial interest in the eligible
982	sponsor.
983	(d)  The project shall be located in an area designated as
984	an enterprise zone or a Front Porch Community pursuant to s.
985	20.18(6). Any project designed to construct or rehabilitate
986	housing for low-income or very-low-income households as defined
987	in s. 420.9071(19) and (28) is exempt from the area requirement
988	of this paragraph.
989	(e)1.  If, during the first 10 business days of the state
990	fiscal year, eligible tax credit applications for projects that
991	provide homeownership opportunities for low-income or very-low-
992	income households as defined in s. 420.9071(19) and (28) are
993	received for less than the annual tax credits available for
994	those projects, the Office of Tourism, Trade, and Economic
995	Development shall grant tax credits for those applications and
996	shall grant remaining tax credits on a first-come, first-served
997	basis for any subsequent eligible applications received before
998	the end of the state fiscal year. If, during the first 10
999	business days of the state fiscal year, eligible tax credit
1000	applications for projects that provide homeownership
1001	opportunities for low-income or very-low-income households as
1002	defined in s. 420.9071(19) and (28) are received for more than
1003	the annual tax credits available for those projects, the office
1004	shall grant the tax credits for those applications as follows:
1005	a.  If tax credit applications submitted for approved
1006	projects of an eligible sponsor do not exceed $200,000 in total,
1007	the credits shall be granted in full if the tax credit
1008	applications are approved.
1009	b.  If tax credit applications submitted for approved
1010	projects of an eligible sponsor exceed $200,000 in total, the
1011	amount of tax credits granted under sub-subparagraph a. shall be
1012	subtracted from the amount of available tax credits, and the
1013	remaining credits shall be granted to each approved tax credit
1014	application on a pro rata basis.
1015	2.  If, during the first 10 business days of the state
1016	fiscal year, eligible tax credit applications for projects other
1017	than those that provide homeownership opportunities for low-
1018	income or very-low-income households as defined in s.
1019	420.9071(19) and (28) are received for less than the annual tax
1020	credits available for those projects, the office shall grant tax
1021	credits for those applications and shall grant remaining tax
1022	credits on a first-come, first-served basis for any subsequent
1023	eligible applications received before the end of the state
1024	fiscal year. If, during the first 10 business days of the state
1025	fiscal year, eligible tax credit applications for projects other
1026	than those that provide homeownership opportunities for low-
1027	income or very-low-income households as defined in s.
1028	420.9071(19) and (28) are received for more than the annual tax
1029	credits available for those projects, the office shall grant the
1030	tax credits for those applications on a pro rata basis.
1031	(3)  APPLICATION REQUIREMENTS.--
1032	(a)  Any eligible sponsor wishing to participate in this
1033	program must submit a proposal to the Office of Tourism, Trade,
1034	and Economic Development which sets forth the sponsor, the
1035	project, the area in which the project is located, and such
1036	supporting information as may be prescribed by rule. The
1037	proposal shall also contain a resolution from the local
1038	governmental unit in which the proposed project is located
1039	certifying that the project is consistent with local plans and
1040	regulations.
1041	(b)1.  Any insurer wishing to participate in this program
1042	must submit an application for tax credit to the office which
1043	sets forth the sponsor; the project; and the type, value, and
1044	purpose of the contribution. The sponsor must verify, in
1045	writing, the terms of the application and indicate its
1046	willingness to receive the contribution, which verification must
1047	accompany the application for tax credit.
1048	2.  The insurer must submit a separate application for tax
1049	credit for each individual contribution which it proposes to
1050	contribute to each individual project.
1051	(4)  ADMINISTRATION.--
1052	(a)1.  The Office of Tourism, Trade, and Economic
1053	Development is authorized to adopt all rules necessary to
1054	administer this section, including rules for the approval or
1055	disapproval of proposals by insurers.
1056	2.  The decision of the director shall be in writing, and,
1057	if approved, the proposal shall state the maximum credit
1058	allowable to the insurer. A copy of the decision shall be
1059	transmitted to the executive director of the Department of
1060	Revenue, who shall apply such credit to the tax liability of the
1061	insurer.
1062	3.  The office shall monitor all projects periodically, in
1063	a manner consistent with available resources to ensure that
1064	resources are utilized in accordance with this section; however,
1065	each project shall be reviewed no less frequently than once
1066	every 2 years.
1067	4.  The Office of Tourism, Trade, and Economic Development
1068	shall, in consultation with the Department of Community Affairs,
1069	the Florida Housing Finance Corporation, and the statewide and
1070	regional housing and financial intermediaries, market the
1071	availability of the community contribution tax credit program to
1072	community-based organizations.
1073	(b)  The Department of Revenue shall adopt any rules
1074	necessary to ensure the orderly implementation and
1075	administration of this section.
1076	(5)  DEFINITIONS.--For the purpose of this section:
1077	(a)  "Community contribution" means the grant by an insurer
1078	of any of the following items:
1079	1.  Cash or other liquid assets.
1080	2.  Real property.
1081	3.  Goods or inventory.
1082	4.  Other physical resources which are identified by the
1083	department.
1084	(b)  "Director" means the director of the Office of
1085	Tourism, Trade, and Economic Development.
1086	(c)  "Local government" means any county or incorporated
1087	municipality in the state.
1088	(d)  "Office" means the Office of Tourism, Trade, and
1089	Economic Development.
1090	(e)  "Project" means an activity as defined in s.
1091	220.03(1)(t).
1092	(6)  CREDIT ALLOCATIONS.--Notwithstanding paragraph (1)(c),
1093	and for the 2008-2009 fiscal year only, the total amount of tax
1094	credit which may be granted for all programs approved under this
1095	section, s. 212.08(5)(p), and s. 220.183 is $13 million annually
1096	for projects that provide homeownership opportunities for low-
1097	income or very-low-income households as defined in s.
1098	420.9071(19) and (28) and $3.5 million annually for all other
1099	projects. This subsection expires June 30, 2009.
1100	(7)(6)  EXPIRATION.--The provisions of this section, except
1101	paragraph (1)(e), shall expire and be void on June 30, 2015.
1102	Section 37.  In order to implement Specific Appropriation
1103	1615A of the 2008-2009 General Appropriations Act, paragraph (p)
1104	of subsection (5) of section 212.08, Florida Statutes, is
1105	amended to read:
1106	212.08  Sales, rental, use, consumption, distribution, and
1107	storage tax; specified exemptions.--The sale at retail, the
1108	rental, the use, the consumption, the distribution, and the
1109	storage to be used or consumed in this state of the following
1110	are hereby specifically exempt from the tax imposed by this
1111	chapter.
1112	(5)  EXEMPTIONS; ACCOUNT OF USE.--
1113	(p)  Community contribution tax credit for donations.--
1114	1.  Authorization.--Persons who are registered with the
1115	department under s. 212.18 to collect or remit sales or use tax
1116	and who make donations to eligible sponsors are eligible for tax
1117	credits against their state sales and use tax liabilities as
1118	provided in this paragraph:
1119	a.  The credit shall be computed as 50 percent of the
1120	person's approved annual community contribution.
1121	b.  The credit shall be granted as a refund against state
1122	sales and use taxes reported on returns and remitted in the 12
1123	months preceding the date of application to the department for
1124	the credit as required in sub-subparagraph 3.c. If the annual
1125	credit is not fully used through such refund because of
1126	insufficient tax payments during the applicable 12-month period,
1127	the unused amount may be included in an application for a refund
1128	made pursuant to sub-subparagraph 3.c. in subsequent years
1129	against the total tax payments made for such year. Carryover
1130	credits may be applied for a 3-year period without regard to any
1131	time limitation that would otherwise apply under s. 215.26.
1132	c.  A person may not receive more than $200,000 in annual
1133	tax credits for all approved community contributions made in any
1134	one year.
1135	d.  All proposals for the granting of the tax credit
1136	require the prior approval of the Office of Tourism, Trade, and
1137	Economic Development.
1138	e.  The total amount of tax credits which may be granted
1139	for all programs approved under this paragraph, s. 220.183, and
1140	s. 624.5105 is $10.5 million annually for projects that provide
1141	homeownership opportunities for low-income or very-low-income
1142	households as defined in s. 420.9071(19) and (28) and $3.5
1143	million annually for all other projects.
1144	f.  A person who is eligible to receive the credit provided
1145	for in this paragraph, s. 220.183, or s. 624.5105 may receive
1146	the credit only under the one section of the person's choice.
1147	2.  Eligibility requirements.--
1148	a.  A community contribution by a person must be in the
1149	following form:
1150	(I)  Cash or other liquid assets;
1151	(II)  Real property;
1152	(III)  Goods or inventory; or
1153	(IV)  Other physical resources as identified by the Office
1154	of Tourism, Trade, and Economic Development.
1155	b.  All community contributions must be reserved
1156	exclusively for use in a project. As used in this sub-
1157	subparagraph, the term "project" means any activity undertaken
1158	by an eligible sponsor which is designed to construct, improve,
1159	or substantially rehabilitate housing that is affordable to low-
1160	income or very-low-income households as defined in s.
1161	420.9071(19) and (28); designed to provide commercial,
1162	industrial, or public resources and facilities; or designed to
1163	improve entrepreneurial and job-development opportunities for
1164	low-income persons. A project may be the investment necessary to
1165	increase access to high-speed broadband capability in rural
1166	communities with enterprise zones, including projects that
1167	result in improvements to communications assets that are owned
1168	by a business. A project may include the provision of museum
1169	educational programs and materials that are directly related to
1170	any project approved between January 1, 1996, and December 31,
1171	1999, and located in an enterprise zone designated pursuant to
1172	s. 290.0065. This paragraph does not preclude projects that
1173	propose to construct or rehabilitate housing for low-income or
1174	very-low-income households on scattered sites. With respect to
1175	housing, contributions may be used to pay the following eligible
1176	low-income and very-low-income housing-related activities:
1177	(I)  Project development impact and management fees for
1178	low-income or very-low-income housing projects;
1179	(II)  Down payment and closing costs for eligible persons,
1180	as defined in s. 420.9071(19) and (28);
1181	(III)  Administrative costs, including housing counseling
1182	and marketing fees, not to exceed 10 percent of the community
1183	contribution, directly related to low-income or very-low-income
1184	projects; and
1185	(IV)  Removal of liens recorded against residential
1186	property by municipal, county, or special district local
1187	governments when satisfaction of the lien is a necessary
1188	precedent to the transfer of the property to an eligible person,
1189	as defined in s. 420.9071(19) and (28), for the purpose of
1190	promoting home ownership. Contributions for lien removal must be
1191	received from a nonrelated third party.
1192	c.  The project must be undertaken by an "eligible
1193	sponsor," which includes:
1194	(I)  A community action program;
1195	(II)  A nonprofit community-based development organization
1196	whose mission is the provision of housing for low-income or
1197	very-low-income households or increasing entrepreneurial and
1198	job-development opportunities for low-income persons;
1199	(III)  A neighborhood housing services corporation;
1200	(IV)  A local housing authority created under chapter 421;
1201	(V)  A community redevelopment agency created under s.
1202	163.356;
1203	(VI)  The Florida Industrial Development Corporation;
1204	(VII)  A historic preservation district agency or
1205	organization;
1206	(VIII)  A regional workforce board;
1207	(IX)  A direct-support organization as provided in s.
1208	1009.983;
1209	(X)  An enterprise zone development agency created under s.
1210	290.0056;
1211	(XI)  A community-based organization incorporated under
1212	chapter 617 which is recognized as educational, charitable, or
1213	scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
1214	and whose bylaws and articles of incorporation include
1215	affordable housing, economic development, or community
1216	development as the primary mission of the corporation;
1217	(XII)  Units of local government;
1218	(XIII)  Units of state government; or
1219	(XIV)  Any other agency that the Office of Tourism, Trade,
1220	and Economic Development designates by rule.
1221
1222	In no event may a contributing person have a financial interest
1223	in the eligible sponsor.
1224	d.  The project must be located in an area designated an
1225	enterprise zone or a Front Porch Florida Community pursuant to
1226	s. 20.18(6), unless the project increases access to high-speed
1227	broadband capability for rural communities with enterprise zones
1228	but is physically located outside the designated rural zone
1229	boundaries. Any project designed to construct or rehabilitate
1230	housing for low-income or very-low-income households as defined
1231	in s. 420.9071(19) and (28) is exempt from the area requirement
1232	of this sub-subparagraph.
1233	e.(I)  If, during the first 10 business days of the state
1234	fiscal year, eligible tax credit applications for projects that
1235	provide homeownership opportunities for low-income or very-low-
1236	income households as defined in s. 420.9071(19) and (28) are
1237	received for less than the annual tax credits available for
1238	those projects, the Office of Tourism, Trade, and Economic
1239	Development shall grant tax credits for those applications and
1240	shall grant remaining tax credits on a first-come, first-served
1241	basis for any subsequent eligible applications received before
1242	the end of the state fiscal year. If, during the first 10
1243	business days of the state fiscal year, eligible tax credit
1244	applications for projects that provide homeownership
1245	opportunities for low-income or very-low-income households as
1246	defined in s. 420.9071(19) and (28) are received for more than
1247	the annual tax credits available for those projects, the office
1248	shall grant the tax credits for those applications as follows:
1249	(A)  If tax credit applications submitted for approved
1250	projects of an eligible sponsor do not exceed $200,000 in total,
1251	the credits shall be granted in full if the tax credit
1252	applications are approved.
1253	(B)  If tax credit applications submitted for approved
1254	projects of an eligible sponsor exceed $200,000 in total, the
1255	amount of tax credits granted pursuant to sub-sub-sub-
1256	subparagraph (A) shall be subtracted from the amount of
1257	available tax credits, and the remaining credits shall be
1258	granted to each approved tax credit application on a pro rata
1259	basis.
1260	(II)  If, during the first 10 business days of the state
1261	fiscal year, eligible tax credit applications for projects other
1262	than those that provide homeownership opportunities for low-
1263	income or very-low-income households as defined in s.
1264	420.9071(19) and (28) are received for less than the annual tax
1265	credits available for those projects, the office shall grant tax
1266	credits for those applications and shall grant remaining tax
1267	credits on a first-come, first-served basis for any subsequent
1268	eligible applications received before the end of the state
1269	fiscal year. If, during the first 10 business days of the state
1270	fiscal year, eligible tax credit applications for projects other
1271	than those that provide homeownership opportunities for low-
1272	income or very-low-income households as defined in s.
1273	420.9071(19) and (28) are received for more than the annual tax
1274	credits available for those projects, the office shall grant the
1275	tax credits for those applications on a pro rata basis.
1276	3.  Application requirements.--
1277	a.  Any eligible sponsor seeking to participate in this
1278	program must submit a proposal to the Office of Tourism, Trade,
1279	and Economic Development which sets forth the name of the
1280	sponsor, a description of the project, and the area in which the
1281	project is located, together with such supporting information as
1282	is prescribed by rule. The proposal must also contain a
1283	resolution from the local governmental unit in which the project
1284	is located certifying that the project is consistent with local
1285	plans and regulations.
1286	b.  Any person seeking to participate in this program must
1287	submit an application for tax credit to the office which sets
1288	forth the name of the sponsor, a description of the project, and
1289	the type, value, and purpose of the contribution. The sponsor
1290	shall verify the terms of the application and indicate its
1291	receipt of the contribution, which verification must be in
1292	writing and accompany the application for tax credit. The person
1293	must submit a separate tax credit application to the office for
1294	each individual contribution that it makes to each individual
1295	project.
1296	c.  Any person who has received notification from the
1297	office that a tax credit has been approved must apply to the
1298	department to receive the refund. Application must be made on
1299	the form prescribed for claiming refunds of sales and use taxes
1300	and be accompanied by a copy of the notification. A person may
1301	submit only one application for refund to the department within
1302	any 12-month period.
1303	4.  Administration.--
1304	a.  The Office of Tourism, Trade, and Economic Development
1305	may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary
1306	to administer this paragraph, including rules for the approval
1307	or disapproval of proposals by a person.
1308	b.  The decision of the office must be in writing, and, if
1309	approved, the notification shall state the maximum credit
1310	allowable to the person. Upon approval, the office shall
1311	transmit a copy of the decision to the Department of Revenue.
1312	c.  The office shall periodically monitor all projects in a
1313	manner consistent with available resources to ensure that
1314	resources are used in accordance with this paragraph; however,
1315	each project must be reviewed at least once every 2 years.
1316	d.  The office shall, in consultation with the Department
1317	of Community Affairs and the statewide and regional housing and
1318	financial intermediaries, market the availability of the
1319	community contribution tax credit program to community-based
1320	organizations.
1321	5.  Notwithstanding sub-subparagraph 1.e., and for the 2008-2009
1322	fiscal year only, the total amount of tax credit which may be
1323	granted for all programs approved under this section, s.
1324	220.183, and s. 624.5105 is $13 million annually for projects
1325	that provide homeownership opportunities for low-income or very-
1326	low-income households as defined in s. 420.9071(19) and (28) and
1327	$3.5 million annually for all other projects. This subparagraph
1328	expires June 30, 2009.
1329	6.5.  Expiration.--This paragraph expires June 30, 2015;
1330	however, any accrued credit carryover that is unused on that
1331	date may be used until the expiration of the 3-year carryover
1332	period for such credit.
1333	Section 38.  In order to implement Specific Appropriation
1334	1819 of the 2008-2009 General Appropriations Act, subsection (7)
1335	is added to section 403.7095, Florida Statutes, to read:
1336	403.7095  Solid waste management grant program.--
1337	(7)(a)  Notwithstanding any provision of this section to
1338	the contrary, and for the 2008-2009 fiscal year only, the
1339	Department of Environmental Protection shall award:
1340	1.  The sum of $9,428,773 in grants equally to counties
1341	having populations of fewer than 100,000 for waste tire and
1342	litter prevention, recycling education, and general solid waste
1343	programs.
1344	2,  The sum of $2,000,781 to be used for the Innovative
1345	Grant Program.
1346	(b)  This subsection expires July 1, 2009.
1347	Section 39.  In order to implement Specific Appropriation
1348	1336 through 1496 of the 2008-2009 General Appropriations Act,
1349	section 570.20, Florida Statutes, is amended to read:
1350	570.20  General Inspection Trust Fund.--
1351	(1)  All donations and all inspection fees and other funds
1352	authorized and received from whatever source in the enforcement
1353	of the inspection laws administered by the department shall be
1354	paid into the General Inspection Trust Fund of Florida, which is
1355	created in the office of the Chief Financial Officer. All
1356	expenses incurred in carrying out the provisions of the
1357	inspection laws shall be paid from this fund as other funds are
1358	paid from the State Treasury. A percentage of all revenue
1359	deposited in this fund, including transfers from any subsidiary
1360	accounts, shall be deposited in the General Revenue Fund
1361	pursuant to chapter 215, except that funds collected for
1362	marketing orders shall pay at the rate of 3 percent.
1363	(2)  For the 2008-2009 2007-2008 fiscal year only and
1364	notwithstanding any other provision of law to the contrary, in
1365	addition to the spending authorized in subsection (1), moneys in
1366	the General Inspection Trust Fund may be appropriated for
1367	programs operated by the department which are related to the
1368	programs authorized by this chapter. This subsection expires
1369	July 1, 2009 2008.
1370	Section 40.  In order to implement Specific Appropriations
1371	relating to the Florida Forever Act and notwithstanding chapter
1372	216, Florida Statutes, the Executive Office of the Governor is
1373	authorized to transfer funds between fixed capital outlay
1374	categories and between departments and establish new fixed
1375	capital outlay categories contingent upon the distribution
1376	formula as specified in CS/CS/SB 542 or similar legislation, if
1377	such legislation becomes law. This section expires July 1, 2009.
1378	Section 41.  In order to implement Specific Appropriation
1379	1778 of the 2008-2009 General Appropriations Act, subsection (5)
1380	is added to section 373.1961, Florida Statutes, to read:
1381	373.1961  Water production; general powers and duties;
1382	identification of needs; funding criteria; economic incentives;
1383	reuse funding.--
1384	(5)  FUNDING FOR ALTERNATIVE WATER SUPPLY.--Notwithstanding
1385	subsection (3), and for the 2008-2009 fiscal year only,
1386	$5,000,000 provided for alternative water supply shall be
1387	allocated as shown in the General Appropriations Act. This
1388	subsection expires July 1, 2009.
1389	Section 42.  In order to implement Specific Appropriations
1390	1767 and 1772C of the 2008-2009 General Appropriations Act,
1391	subsections (3) and (4) of section 403.890, Florida Statutes,
1392	are renumbered as subsections (4) and (5), respectively, and a
1393	subsection (3) is added to that section to read:
1394	403.890  Water Protection and Sustainability Program;
1395	intent; goals; purposes.--
1396	(3)  In addition to the uses allowed in subsection (1) for
1397	the 2008-2009 fiscal year, moneys in the Water Protection and
1398	Sustainability Program Trust Fund shall be transferred to the
1399	Ecosystem Management and Restoration Trust Fund for grants and
1400	aids to local governments for water projects as provided in the
1401	General Appropriations Act. This subsection expires July 1,
1402	2009.
1403	Section 43.  In order to implement Specific Appropriations
1404	1767 and 1772C of the 2008-2009 General Appropriations Act,
1405	subsection (3) of section 375.041, Florida Statutes, is amended
1406	to read:
1407	375.041  Land Acquisition Trust Fund.--
1408	(3)(a)  Any moneys in the Land Acquisition Trust Fund which
1409	are not pledged for rentals or debt service as provided in
1410	subsection (2) may be expended from time to time to acquire
1411	land, water areas, and related resources and to construct,
1412	improve, enlarge, extend, operate, and maintain capital
1413	improvements and facilities in accordance with the plan.
1414	(b)  In addition to the uses allowed in paragraph (a), for
1415	the 2008-2009 2006-2007 fiscal year, moneys in the Land
1416	Acquisition Trust Fund are authorized for expenditure or
1417	transfer to the Ecosystem Management and Restoration Trust Fund
1418	for grants and aids to local governments for water projects as
1419	provided in the General Appropriations Act Florida Forever Trust
1420	Fund and the Save Our Everglades Trust Fund to support the
1421	programs authorized in chapters 259 and 373. This paragraph
1422	expires July 1, 2009 2007.
1423	Section 44.  In order to implement Specific Appropriation
1424	1799 of the 2008-2009 General Appropriations Act, paragraph (c)
1425	of subsection (5) of section 376.3071, Florida Statutes, is
1426	amended to read:
1427	376.3071  Inland Protection Trust Fund; creation; purposes;
1428	funding.--
1429	(5)  SITE SELECTION AND CLEANUP CRITERIA.--
1430	(c)  The department shall require source removal, if
1431	warranted and cost-effective, at each site eligible for
1432	restoration funding from the Inland Protection Trust Fund.
1433	1.  Funding for free product recovery may be provided in
1434	advance of the order established by the priority ranking system
1435	under paragraph (a) for site cleanup activities. However, a
1436	separate prioritization for free product recovery shall be
1437	established consistent with paragraph (a). No more than $5
1438	million shall be encumbered from the Inland Protection Trust
1439	Fund in any fiscal year for free product recovery conducted in
1440	advance of the priority order under paragraph (a) established
1441	for site cleanup activities.
1442	2.  Funding for limited interim soil-source removals for
1443	sites that will become inaccessible for future remediation due
1444	to road infrastructure and right-of-way restrictions resulting
1445	from a pending Department of Transportation road construction
1446	project or for secondary containment upgrading of underground
1447	storage tanks required under chapter 62-761, Florida
1448	Administrative Code, may be provided in advance of the order
1449	established by the priority ranking system under paragraph (a)
1450	for site cleanup activities. The department shall provide
1451	written guidance on the limited source removal information and
1452	technical evaluation necessary to justify a request for a
1453	limited source removal in advance of the priority order pursuant
1454	to paragraph (a) established for site cleanup activities.
1455	Prioritization for limited source removal projects associated
1456	with a secondary containment upgrade in any fiscal year shall be
1457	determined on a first-come, first-served basis according to the
1458	approval date issued under s. 376.30711 for the limited source
1459	removal. Funding for limited source removals associated with
1460	secondary containment upgrades shall be limited to 10 sites in
1461	each fiscal year for each facility owner and any related person.
1462	The limited source removal for secondary containment upgrades
1463	shall be completed no later than 6 months after the department
1464	issues its approval of the project, and the approval
1465	automatically expires at the end of the 6 months. Funding for
1466	Department of Transportation and secondary containment upgrade
1467	source removals may not exceed $50,000 for a single facility
1468	unless the department makes a determination that it is cost-
1469	effective and environmentally beneficial to exceed this amount,
1470	but in no event shall the department authorize costs in excess
1471	of $100,000 for a single facility. Department funding for
1472	limited interim soil-source removals associated with Department
1473	of Transportation projects and secondary containment upgrades
1474	shall be limited to supplemental soil assessment, soil
1475	screening, soil removal, backfill material, treatment or
1476	disposal of the contaminated soil, dewatering related to the
1477	contaminated soil removal in an amount of up to 10 percent of
1478	the total interim soil-source removal project costs, treatment,
1479	and disposal of the contaminated groundwater and preparation of
1480	the source removal report. No other costs associated with the
1481	facility upgrade may be paid with department funds. No more than
1482	$1 million for Department of Transportation limited source
1483	removal projects and $10 million for secondary containment
1484	upgrade limited source removal projects conducted in advance of
1485	the priority order established under paragraph (a) for site
1486	cleanup activities shall be encumbered from the Inland
1487	Protection Trust Fund in any fiscal year. This subparagraph is
1488	repealed effective June 30, 2009 2008.
1489	3.  Once free product removal and other source removal
1490	identified in this paragraph are completed at a site, and
1491	notwithstanding the order established by the priority ranking
1492	system under paragraph (a) for site cleanup activities, the
1493	department may reevaluate the site to determine the degree of
1494	active cleanup needed to continue site rehabilitation. Further,
1495	the department shall determine if the reevaluated site qualifies
1496	for natural attenuation monitoring or no further action. If
1497	additional site rehabilitation is necessary to reach no further
1498	action status, the site rehabilitation shall be conducted in the
1499	order established by the priority ranking system under paragraph
1500	(a) and the department is encouraged to utilize natural
1501	attenuation and monitoring where site conditions warrant.
1502	Section 45.  In order to implement section 38 of the 2008-
1503	2009 General Appropriations Act, subsection (1) of section
1504	373.472, Florida Statutes, is amended to read:
1505	373.472  Save Our Everglades Trust Fund.--
1506	(1)(a)  There is created within the Department of
1507	Environmental Protection the Save Our Everglades Trust Fund.
1508	Funds in the trust fund shall be expended to implement the
1509	comprehensive plan defined in s. 373.470(2)(a), the Lake
1510	Okeechobee Watershed Protection Plan defined in s. 373.4595(2),
1511	the Caloosahatchee River Watershed Protection Plan defined in s.
1512	373.4595(2), and the St. Lucie River Watershed Protection Plan
1513	defined in s. 373.4595(2), and to pay debt service for
1514	Everglades restoration bonds issued pursuant to s. 215.619. The
1515	trust fund shall serve as the repository for state, local, and
1516	federal project contributions in accordance with s. 373.470(4).
1517	(b)  For the 2008-2009 fiscal year only, the uses and
1518	purposes of the trust fund specified in paragraph (a) are not
1519	applicable. This paragraph expires July 1, 2009.
1520	Section 46.  In order to implement Specific Appropriation
1521	1448 of the 2008-2009 General Appropriations Act, and
1522	notwithstanding section 287.057, Florida Statutes, the
1523	Department of Agriculture and Consumer Services, at its
1524	discretion, is authorized to extend, revise, and renew current
1525	contracts or agreements created or entered into, pursuant to
1526	chapter 2006-25, Laws of Florida, in order to provide
1527	consistency and continuity in agriculture promotion throughout
1528	the state. This section expires July 1, 2009.
1529	Section 47.  (1)  The Governor may recommend to the
1530	Legislative Budget Commission, and the Legislative Budget
1531	Commission may approve, a budget amendment or amendments to
1532	transfer funds from the Budget Stabilization Fund to the General
1533	Revenue Fund.
1534	(2)  If the transfers from the Budget Stabilization Fund
1535	authorized in subsection (1) are insufficient to address
1536	deficits in the General Revenue Fund, the Governor may
1537	recommend, and the Legislative Budget Commission may approve, a
1538	budget amendment or amendments to transfer funds from the Lawton
1539	Chiles Endowment Fund to the General Revenue Fund,
1540	notwithstanding the provisions of s. 215.5601, Florida Statutes,
1541	to the contrary. Any expenditure from the Lawton Chiles
1542	Endowment Fund made pursuant to this subsection must be restored
1543	by making five equal annual transfers from the General Revenue
1544	Fund, beginning in the third fiscal year following that in which
1545	the expenditure was made.
1546	(3)  This section is intended to implement section 77 of
1547	the 2008-2009 General Appropriations Act relating to the use of
1548	state funds to offset General Revenue Fund deficits certified
1549	pursuant to s. 216.221, Florida Statutes. Actions taken pursuant
1550	to this section shall be in lieu of any other actions taken
1551	pursuant to ss. 216.221 and 216.222, Florida Statutes, to
1552	address such deficits.
1553	(4)  This section shall take effect upon becoming a law and
1554	shall expire June 30, 2009.
1555	Section 48.  Effective upon this act becoming a law, in
1556	order to implement Specific Appropriations 640, 656, and 658A of
1557	the 2008-2009 General Appropriations Act, subsection (4) of
1558	section 215.5601, Florida Statutes, is amended to read:
1559	215.5601  Lawton Chiles Endowment Fund.--
1560	(4)  ADMINISTRATION.--
1561	(a)  The board may invest and reinvest funds of the
1562	endowment in accordance with s. 215.47 and consistent with an
1563	investment policy statement developed by the executive director
1564	and approved by the board.
1565	(b)  The endowment shall be managed as an annuity. The
1566	investment objective shall be long-term preservation of the real
1567	value of the net contributed principal and a specified regular
1568	annual cash outflow for appropriation, as nonrecurring revenue.
1569	From the annual cash outflow, a pro rata share shall be used
1570	solely for biomedical research activities as provided in
1571	paragraph (3)(d), until such time as cures are found for
1572	tobacco-related cancer and heart and lung disease. Five percent
1573	of the annual cash outflow dedicated to the biomedical research
1574	portion of the endowment shall be reinvested and applied to that
1575	portion of the endowment's principal, with the remainder to be
1576	spent on biomedical research activities consistent with this
1577	section. The schedule of annual cash outflow shall be included
1578	within the investment plan adopted under paragraph (a).
1579	Withdrawals other than specified regular cash outflow shall be
1580	considered reductions in contributed principal for the purposes
1581	of this subsection.
1582	(c)  In accordance with s. 215.44, the board shall include
1583	separate sections on the financial status of the endowment in
1584	its annual investment report to the Legislature.
1585	(d)  Accountability for funds from the endowment which have
1586	been appropriated to a state agency and distributed by the board
1587	shall reside with the state agency. The board is not responsible
1588	for the proper expenditure of or accountability concerning funds
1589	from the endowment after distribution to a state agency.
1590	(e)  Costs and fees of the board for investment services
1591	shall be deducted from the earnings accruing to the endowment.
1592	Fees for investment services shall be no greater than fees
1593	charged to the Florida Retirement System.
1594	Section 49.  The amendment of s. 215.5601(4), Florida
1595	Statutes, made by this act shall expire July 1, 2009, and the
1596	text of that subsection shall revert to that in existence on
1597	June 30, 2008, except that any amendments to such text enacted
1598	other than by this act shall be preserved and continue to
1599	operate to the extent that such amendments are not dependent
1600	upon the portions of such text which expire pursuant to this
1601	section.
1602	Section 50.  In order to implement the issuance of new debt
1603	authorized in the 2008-2009 General Appropriations Act, and
1604	pursuant to the requirements of s. 215.98, Florida Statutes, the
1605	Legislature determines that the authorization and issuance of
1606	debt for the 2008-2009 fiscal year is in the best interest of
1607	the state and should be implemented. This section expires July
1608	1, 2009.
1609	Section 51.  In order to implement the transfer of moneys
1610	to the General Revenue Fund from trust funds in the 2008-2009
1611	General Appropriations Act, paragraph (b) of subsection (2) of
1612	section 215.32, Florida Statutes, is reenacted to read:
1613	215.32  State funds; segregation.--
1614	(2)  The source and use of each of these funds shall be as
1615	follows:
1616	(b)1.  The trust funds shall consist of moneys received by
1617	the state which under law or under trust agreement are
1618	segregated for a purpose authorized by law. The state agency or
1619	branch of state government receiving or collecting such moneys
1620	shall be responsible for their proper expenditure as provided by
1621	law. Upon the request of the state agency or branch of state
1622	government responsible for the administration of the trust fund,
1623	the Chief Financial Officer may establish accounts within the
1624	trust fund at a level considered necessary for proper
1625	accountability. Once an account is established within a trust
1626	fund, the Chief Financial Officer may authorize payment from
1627	that account only upon determining that there is sufficient cash
1628	and releases at the level of the account.
1629	2.  In addition to other trust funds created by law, to the
1630	extent possible, each agency shall use the following trust funds
1631	as described in this subparagraph for day-to-day operations:
1632	a.  Operations or operating trust fund, for use as a
1633	depository for funds to be used for program operations funded by
1634	program revenues, with the exception of administrative
1635	activities when the operations or operating trust fund is a
1636	proprietary fund.
1637	b.  Operations and maintenance trust fund, for use as a
1638	depository for client services funded by third-party payors.
1639	c.  Administrative trust fund, for use as a depository for
1640	funds to be used for management activities that are departmental
1641	in nature and funded by indirect cost earnings and assessments
1642	against trust funds. Proprietary funds are excluded from the
1643	requirement of using an administrative trust fund.
1644	d.  Grants and donations trust fund, for use as a
1645	depository for funds to be used for allowable grant or donor
1646	agreement activities funded by restricted contractual revenue
1647	from private and public nonfederal sources.
1648	e.  Agency working capital trust fund, for use as a
1649	depository for funds to be used pursuant to s. 216.272.
1650	f.  Clearing funds trust fund, for use as a depository for
1651	funds to account for collections pending distribution to lawful
1652	recipients.
1653	g.  Federal grant trust fund, for use as a depository for
1654	funds to be used for allowable grant activities funded by
1655	restricted program revenues from federal sources.
1656
1657	To the extent possible, each agency must adjust its internal
1658	accounting to use existing trust funds consistent with the
1659	requirements of this subparagraph. If an agency does not have
1660	trust funds listed in this subparagraph and cannot make such
1661	adjustment, the agency must recommend the creation of the
1662	necessary trust funds to the Legislature no later than the next
1663	scheduled review of the agency's trust funds pursuant to s.
1664	215.3206.
1665	3.  All such moneys are hereby appropriated to be expended
1666	in accordance with the law or trust agreement under which they
1667	were received, subject always to the provisions of chapter 216
1668	relating to the appropriation of funds and to the applicable
1669	laws relating to the deposit or expenditure of moneys in the
1670	State Treasury.
1671	4.a.  Notwithstanding any provision of law restricting the
1672	use of trust funds to specific purposes, unappropriated cash
1673	balances from selected trust funds may be authorized by the
1674	Legislature for transfer to the Budget Stabilization Fund and
1675	General Revenue Fund in the General Appropriations Act.
1676	b.  This subparagraph does not apply to trust funds
1677	required by federal programs or mandates; trust funds
1678	established for bond covenants, indentures, or resolutions whose
1679	revenues are legally pledged by the state or public body to meet
1680	debt service or other financial requirements of any debt
1681	obligations of the state or any public body; the State
1682	Transportation Trust Fund; the trust fund containing the net
1683	annual proceeds from the Florida Education Lotteries; the
1684	Florida Retirement System Trust Fund; trust funds under the
1685	management of the State Board of Education or the Board of
1686	Governors of the State University System, where such trust funds
1687	are for auxiliary enterprises, self-insurance, and contracts,
1688	grants, and donations, as those terms are defined by general
1689	law; trust funds that serve as clearing funds or accounts for
1690	the Chief Financial Officer or state agencies; trust funds that
1691	account for assets held by the state in a trustee capacity as an
1692	agent or fiduciary for individuals, private organizations, or
1693	other governmental units; and other trust funds authorized by
1694	the State Constitution.
1695	Section 52.  In order to implement Specific Appropriations
1696	2751 and 2752 of the 2008-2009 General Appropriations Act:
1697	(1)  Notwithstanding the provisions of section 11.13(1),
1698	Florida Statutes, relating to the annual adjustment of salaries
1699	for members of the Legislature, to the contrary, for the 2008-
1700	2009 fiscal year only, the authorized salaries of members of the
1701	Legislature in effect on June 30, 2008, shall be reduced by 5
1702	percent.
1703	(2)  Effective June 30, 2009, the annual salaries of
1704	members of the Legislature shall be set at the amounts
1705	authorized and in effect on June 30, 2008.
1706	(3)  This section expires July 1, 2009.
1707	Section 53.  A section of this act that implements a
1708	specific appropriation or specifically identified proviso
1709	language in the 2008-2009 General Appropriations Act is void if
1710	the specific appropriation or specifically identified proviso
1711	language is vetoed. A section of this act that implements more
1712	than one specific appropriation or more than one portion of
1713	specifically identified proviso language in the 2008-2009
1714	General Appropriations Act is void if all the specific
1715	appropriations or portions of specifically identified proviso
1716	language are vetoed.
1717	Section 54.  If any other act passed in 2008 contains a
1718	provision that is substantively the same as a provision in this
1719	act, but that removes or is otherwise not subject to the future
1720	repeal applied to such provision by this act, the Legislature
1721	intends that the provision in the other act shall take
1722	precedence and shall continue to operate, notwithstanding the
1723	future repeal provided by this act.
1724	Section 55.  If any provision of this act or its
1725	application to any person or circumstance is held invalid, the
1726	invalidity does not affect other provisions or applications of
1727	the act which can be given effect without the invalid provision
1728	or application, and to this end the provisions of this act are
1729	severable.
1730	Section 56.  Except as otherwise expressly provided in this
1731	act and except for this section, which shall take effect upon
1732	this act becoming a law, this act shall take effect July 1,
1733	2008; or, if this act fails to become a law until after that
1734	date, it shall take effect upon becoming a law and shall operate
1735	retroactively to July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.