Florida Senate - 2009             CONFERENCE COMMITTEE AMENDMENT
       Bill No. SB 2602
       
       
       
       
       
       
                                Barcode 399700                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             05/08/2009 11:52 AM       .                                
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       The Conference Committee on SB 2602 recommended the following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. It is the intent of the Legislature that the
    7  implementing and administering provisions of this act apply to
    8  the General Appropriations Act for the 2009-2010 fiscal year.
    9         Section 2. In order to fulfill legislative intent regarding
   10  the use of funds contained in Specific Appropriations 617, 631,
   11  644, and 1112 of the 2009-2010 General Appropriations Act, the
   12  Department of Corrections and the Department of Juvenile Justice
   13  may expend appropriated funds to assist in defraying the costs
   14  of impacts that are incurred by a municipality or county and
   15  that are associated with opening or operating a facility under
   16  the authority of the department. The amount paid for any
   17  facility may not exceed 1 percent of the cost to construct the
   18  facility, less building impact fees imposed by the municipality
   19  or county. This section expires July 1, 2010.
   20         Section 3. In order to implement Specific Appropriations
   21  607 through 705 and 738 through 773 of the 2009-2010 General
   22  Appropriations Act, subsection (4) of section 216.262, Florida
   23  Statutes, is amended to read:
   24         216.262 Authorized positions.—
   25         (4) Notwithstanding the provisions of this chapter on
   26  increasing the number of authorized positions, and for the 2009
   27  2010 2008-2009 fiscal year only, if the actual inmate population
   28  of the Department of Corrections exceeds the inmate population
   29  projections of the April 30, 2009 February 15, 2008, Criminal
   30  Justice Estimating Conference by 1 percent for 2 consecutive
   31  months or 2 percent for any month, the Executive Office of the
   32  Governor, with the approval of the Legislative Budget
   33  Commission, shall immediately notify the Criminal Justice
   34  Estimating Conference, which shall convene as soon as possible
   35  to revise the estimates. The Department of Corrections may then
   36  submit a budget amendment requesting the establishment of
   37  positions in excess of the number authorized by the Legislature
   38  and additional appropriations from unallocated general revenue
   39  sufficient to provide for essential staff, fixed capital
   40  improvements, and other resources to provide classification,
   41  security, food services, health services, and other variable
   42  expenses within the institutions to accommodate the estimated
   43  increase in the inmate population. All actions taken pursuant to
   44  the authority granted in this subsection shall be subject to
   45  review and approval by the Legislative Budget Commission. This
   46  subsection expires July 1, 2010 July 1, 2009.
   47         Section 4. In order to implement Specific Appropriations
   48  1266 and 1267 of the 2009-2010 General Appropriations Act, the
   49  Department of Legal Affairs is authorized to expend appropriated
   50  funds in those specific appropriations on the same programs that
   51  were funded by the department pursuant to specific
   52  appropriations made in general appropriations acts in prior
   53  years. This section expires July 1, 2010.
   54         Section 5. In order to implement Specific Appropriations
   55  1231, 1244, 1251, 1272, and 1282 of the 2009-2010 General
   56  Appropriations Act, the Department of Legal Affairs is
   57  authorized to transfer cash remaining after required
   58  disbursements for Attorney General case numbers 16-2008-CA-01
   59  3142CV-C and CACE08022328 from FLAIR account 41-74-2-601001
   60  41100100-00-181076-00 to the Operating Trust Fund to pay
   61  salaries and benefits. This section expires July 1, 2010.
   62         Section 6. In order to implement section 7 of the 2009-2010
   63  General Appropriations Act, the Chief Justice of the Supreme
   64  Court may request a loan of funds pursuant to s. 215.18, Florida
   65  Statutes, notwithstanding the trust fund’s ability to repay the
   66  loan by the end of the fiscal year, if, at any time during the
   67  2009-2010 fiscal year, the Revenue Estimating Conference
   68  projects that revenue deposited into the State Courts Revenue
   69  Trust Fund will be less than 98 percent of the amount
   70  appropriated from the trust fund in the General Appropriations
   71  Act for the 2009-2010 fiscal year.
   72         Section 7. In order to implement Specific Appropriations
   73  1169 and 1175 of the 2009-2010 General Appropriations Act,
   74  paragraph (d) of subsection (4) of section 932.7055, Florida
   75  Statutes, is amended to read:
   76         932.7055 Disposition of liens and forfeited property.—
   77         (4) The proceeds from the sale of forfeited property shall
   78  be disbursed in the following priority:
   79         (d) Notwithstanding any other provision of this subsection,
   80  and for the 2009-2010 2008-2009 fiscal year only, the funds in a
   81  special law enforcement trust fund established by the governing
   82  body of a municipality may be expended to reimburse the general
   83  fund of the municipality for moneys advanced from the general
   84  fund to the special law enforcement trust fund prior to October
   85  1, 2001. This paragraph expires July 1, 2010 2009.
   86         Section 8. In order to implement section 59 of the 2009
   87  2010 General Appropriations Act, paragraph (a) of subsection (4)
   88  of section 339.135, Florida Statutes, is amended to read:
   89         339.135 Work program; legislative budget request;
   90  definitions; preparation, adoption, execution, and amendment.—
   91         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
   92         (a)1. To assure that no district or county is penalized for
   93  local efforts to improve the State Highway System, the
   94  department shall, for the purpose of developing a tentative work
   95  program, allocate funds for new construction to the districts,
   96  except for the turnpike enterprise, based on equal parts of
   97  population and motor fuel tax collections. Funds for
   98  resurfacing, bridge repair and rehabilitation, bridge fender
   99  system construction or repair, public transit projects except
  100  public transit block grants as provided in s. 341.052, and other
  101  programs with quantitative needs assessments shall be allocated
  102  based on the results of these assessments. The department may
  103  not transfer any funds allocated to a district under this
  104  paragraph to any other district except as provided in subsection
  105  (7). Funds for public transit block grants shall be allocated to
  106  the districts pursuant to s. 341.052. Funds for the intercity
  107  bus program provided for under s. 5311(f) of the federal
  108  nonurbanized area formula program shall be administered and
  109  allocated directly to eligible bus carriers as defined in s.
  110  341.031(12) at the state level rather than the district. In
  111  order to provide state funding to support the intercity bus
  112  program provided for under provisions of the federal 5311(f)
  113  program, the department shall allocate an amount equal to the
  114  federal share of the 5311(f) program from amounts calculated
  115  pursuant to s. 206.46(3).
  116         2. Notwithstanding the provisions of subparagraph 1., the
  117  department shall allocate at least 50 percent of any new
  118  discretionary highway capacity funds to the Florida Strategic
  119  Intermodal System created pursuant to s. 339.61. Any remaining
  120  new discretionary highway capacity funds shall be allocated to
  121  the districts for new construction as provided in subparagraph
  122  1. For the purposes of this subparagraph, the term “new
  123  discretionary highway capacity funds” means any funds available
  124  to the department above the prior year funding level for
  125  capacity improvements, which the department has the discretion
  126  to allocate to highway projects.
  127         3.Notwithstanding subparagraph 1. and ss. 206.46(3),
  128  334.044(26), and 339.2819(3), and for the 2009-2010 fiscal year
  129  only, the department shall reduce work program levels to balance
  130  the finance plan to the revised funding levels resulting from
  131  any reduction in the 2009-2010 General Appropriations Act. This
  132  subparagraph expires July 1, 2010.
  133         4.For the 2009-2010 fiscal year only, prior to any project
  134  or phase thereof being deferred, the department’s cash balances
  135  shall be as provided in s. 339.135(6)(b), and the reductions in
  136  subparagraph 3. shall be made to financial projects not
  137  programmed for contract letting as identified with a work
  138  program contract class code 8 and the box code RV. These
  139  reductions shall not negatively impact safety or maintenance or
  140  project contingency percentage levels as of April 21, 2009. This
  141  subparagraph expires July 1, 2010.
  142         Section 9. In order to implement Specific Appropriation
  143  2042 of the 2009-2010 General Appropriations Act, subsection (5)
  144  of section 339.135, Florida Statutes, is amended to read:
  145         339.135 Work program; legislative budget request;
  146  definitions; preparation, adoption, execution, and amendment.—
  147         (5)(a) ADOPTION OF THE WORK PROGRAM.—
  148         (a) The original approved budget for operational and fixed
  149  capital expenditures for the department shall be the Governor’s
  150  budget recommendation and the first year of the tentative work
  151  program, as both are amended by the General Appropriations Act
  152  and any other act containing appropriations. In accordance with
  153  the appropriations act, the department shall, prior to the
  154  beginning of the fiscal year, adopt a final work program which
  155  shall only include the original approved budget for the
  156  department for the ensuing fiscal year together with any roll
  157  forwards approved pursuant to paragraph (6)(c) and the portion
  158  of the tentative work program for the following 4 fiscal years
  159  revised in accordance with the original approved budget for the
  160  department for the ensuing fiscal year together with said roll
  161  forwards. The adopted work program may include only those
  162  projects submitted as part of the tentative work program
  163  developed under the provisions of subsection (4) plus any
  164  projects which are separately identified by specific
  165  appropriation in the General Appropriations Act and any roll
  166  forwards approved pursuant to paragraph (6)(c). However, any
  167  transportation project of the department which is identified by
  168  specific appropriation in the General Appropriations Act shall
  169  be deducted from the funds annually distributed to the
  170  respective district pursuant to paragraph (4)(a). In addition,
  171  the department shall not in any year include any project or
  172  allocate funds to a program in the adopted work program that is
  173  contrary to existing law for that particular year. Projects
  174  shall not be undertaken unless they are listed in the adopted
  175  work program.
  176         (b) Notwithstanding paragraph (a), and for the 2009-2010
  177  2008-2009 fiscal year only, the Department of Transportation
  178  shall transfer funds to the Office of Tourism, Trade, and
  179  Economic Development in an amount equal to $20,300,000
  180  $36,750,000 for the purpose of funding transportation-related
  181  needs of economic development projects, space and aerospace
  182  infrastructure, and other economic development projects. This
  183  transfer shall not reduce, delete, or defer any existing
  184  projects funded, as of July 1, 2009 2008, in the Department of
  185  Transportation’s 5-year work program. This paragraph expires
  186  July 1, 2010 2009.
  187         (c) Notwithstanding paragraph (a) or subparagraph (4)(a)1.,
  188  and for the 2008-2009 fiscal year only, the Department of
  189  Transportation shall fund projects in Specific Appropriations
  190  2063, 2071, 2077, 2079, 2102, 2106, 2109, and 2116 of the 2008
  191  2009 General Appropriations Act. Funding for these specific
  192  appropriations shall be from projects or phases thereof within
  193  the department’s fiscal year 2008-2009 work program not
  194  programmed for contract letting as identified with a work
  195  program contract class code 8 and the box code RV. This funding
  196  shall not negatively impact safety, preservation, maintenance,
  197  or project contingency levels as of July 1, 2008. This paragraph
  198  expires July 1, 2009.
  199         Section 10. In order to implement sections 2 through 7 of
  200  the 2009-2010 General Appropriations Act, subsection (5) of
  201  section 216.292, Florida Statutes, is amended to read:
  202         216.292 Appropriations nontransferable; exceptions.—
  203         (5)(a) A transfer of funds may not result in the initiation
  204  of a fixed capital outlay project that has not received a
  205  specific legislative appropriation.
  206         (b)Notwithstanding paragraph (a), and for the 2009-2010
  207  fiscal year only, the Governor may recommend the initiation of
  208  fixed capital outlay projects funded by grants awarded by the
  209  Federal Government through the American Recovery and
  210  Reinvestment Act of 2009. All actions taken pursuant to the
  211  authority granted in the paragraph are subject to review and
  212  approval by the Legislative Budget Commission. This paragraph
  213  expires July 1, 2010.
  214         (b) Notwithstanding paragraph (a), and for the 2007-2008
  215  fiscal year only, the Governor may recommend the initiation of
  216  fixed capital outlay projects funded by grants awarded by the
  217  Federal Emergency Management Agency for FEMA Disaster
  218  Declarations 1539-DR-FL, 1545-DR-FL, 1551-DR-FL, 1561-DR-FL,
  219  1595-DR-FL, 1602-DR-FL, 1609-DR-FL, and EM3259-FL. All actions
  220  taken pursuant to the authority granted in this paragraph are
  221  subject to review and approval by the Legislative Budget
  222  Commission. This paragraph expires July 1, 2008.
  223         Section 11. In order to implement sections 2 through 7 of
  224  the 2009-2010 General Appropriations Act, the Executive Office
  225  of the Governor is authorized to transfer funds appropriated for
  226  the American Recovery and Reinvestment Act of 2009 (ARRA) in
  227  traditional appropriation categories in the 2009-2010 General
  228  Appropriations Act to appropriation categories established for
  229  the specific purpose of tracking funds appropriated for the
  230  ARRA.
  231         Section 12. In order to implement Specific Appropriations
  232  316 through 347 of the 2009-2010 General Appropriations Act,
  233  paragraphs (b) and (c) of subsection (3) of section 394.908,
  234  Florida Statutes, are amended to read:
  235         394.908 Substance abuse and mental health funding equity;
  236  distribution of appropriations.—In recognition of the historical
  237  inequity in the funding of substance abuse and mental health
  238  services for the department’s districts and regions and to
  239  rectify this inequity and provide for equitable funding in the
  240  future throughout the state, the following funding process shall
  241  be used:
  242         (3)
  243         (b) Notwithstanding paragraph (a) and for the 2009-2010
  244  2008-2009 fiscal year only, funds appropriated for forensic
  245  mental health treatment services shall be allocated to the areas
  246  of the state having the greatest demand for services and
  247  treatment capacity. This paragraph expires July 1, 2010 2009.
  248         (c) Notwithstanding paragraph (a) and for the 2009-2010
  249  2008-2009 fiscal year only, additional funds appropriated for
  250  substance abuse and mental health services from funds available
  251  through the Community-Based Medicaid Administrative Claiming
  252  Program shall be allocated as provided in the 2009-2010 2008
  253  2009 General Appropriations Act and in proportion to contributed
  254  provider earnings. Where these mental health funds are used in
  255  lieu of funds from the General Revenue Fund, the allocation of
  256  funds shall be unchanged from the allocation for those funds for
  257  the 2007-2008 fiscal year. This paragraph expires July 1, 2010
  258  2009.
  259         Section 13. In order to implement Specific Appropriation
  260  219 of the 2009-2010 General Appropriations Act, paragraph (e)
  261  is added to subsection (2) of section 400.179, Florida Statutes,
  262  to read:
  263         400.179 Liability for Medicaid underpayments and
  264  overpayments.—
  265         (2) Because any transfer of a nursing facility may expose
  266  the fact that Medicaid may have underpaid or overpaid the
  267  transferor, and because in most instances, any such underpayment
  268  or overpayment can only be determined following a formal field
  269  audit, the liabilities for any such underpayments or
  270  overpayments shall be as follows:
  271         (e)For the 2009-2010 fiscal year only, the provisions of
  272  paragraph (d) shall not apply. This paragraph expires July 1,
  273  2010.
  274         Section 14. In order to implement Specific Appropriations
  275  448, 450, 456, 458, and 459 of the 2009-2010 General
  276  Appropriations Act:
  277         (1)The Department of Health shall issue a request for
  278  proposals, as defined in s. 287.012, Florida Statutes, and shall
  279  enter into a contract no later than March 1, 2010, for a
  280  replacement facility for the A.G. Holley State Hospital and for
  281  the provision of inpatient hospital services and other
  282  operations currently provided by the A.G. Holley State Hospital.
  283         (2)The request for proposals shall specify that responses
  284  may include proposals to design and construct a new hospital, to
  285  move the location of the hospital, or to co-locate the hospital
  286  with existing state, public, or private facilities. The request
  287  for proposals shall specify that any proposals to construct a
  288  new hospital on the existing A.G. Holley State Hospital campus
  289  shall be limited to using no more than 15 acres of the existing
  290  campus. Proposals may not address future uses for the existing
  291  campus, other than the portion of the campus which may be used
  292  for a replacement facility.
  293         (3)The request for proposals shall specify that qualified
  294  respondents shall have experience in the administration of
  295  inpatient services and shall document a plan for securing staff
  296  having expertise in the treatment of patients who have active
  297  tuberculosis. Hospital operations may not include public health
  298  functions related to tuberculosis control and prevention. Such
  299  functions shall remain the responsibility of the Department of
  300  Health. The provision of hospital services shall commence upon
  301  the availability of the replacement facility. The request for
  302  proposals shall require that the number of beds for the
  303  replacement facility be limited to the highest average census
  304  for the last 5 fiscal years. A qualified respondent shall submit
  305  an application for accreditation to the Joint Commission on
  306  Accreditation of Healthcare Organizations within 6 months after
  307  commencing the operation of its facility and must receive
  308  accreditation within 18 months after commencing the operation of
  309  its facility.
  310         (4)The request for proposals shall specify that the
  311  treatment and all other hospital operations may not exceed $9
  312  million annually. Qualifying proposals must identify one or more
  313  methods for financing the costs of relocation or new
  314  construction, which may include, but are not limited to,
  315  sponsoring the issuance of tax-exempt certificates of
  316  participation or other securities, or a lease-purchase agreement
  317  with the state.
  318         (5)This section expires July 1, 2010.
  319         Section 15. In order to support Specific Appropriation 190
  320  of the 2009-2010 General Appropriations Act, the second
  321  paragraph of Specific Appropriation 208 of section 3 of chapter
  322  2008-152, Laws of Florida, is amended to read:
  323         SECTION 3 — HUMAN SERVICES
  324  From the funds in Specific Appropriation 208, $262,640,763
  325  $389,222,032 from the Grants and Donations Trust Fund and
  326  $486,477,214 $483,473,107 from the Medical Care Trust Fund are
  327  provided for Medicaid low-income pool payments to hospitals
  328  provider access systems. The funding shall be distributed in a
  329  three-step two-step allocation process. The first phase of the
  330  allocation process will distribute payments to qualified
  331  hospitals based on the amount of local government funding
  332  provided for the uninsured and underinsured. Payments to
  333  qualified hospitals will be capped at 117.4 percent of the
  334  amount of local government funding it would have received for
  335  the uninsured and underinsured without the Low Income Pool
  336  program. The second phase of the allocation process is to
  337  distribute $32,634,201 to qualifying hospitals that received a
  338  payment in the first phase of the allocation. These funds shall
  339  be distributed to the qualifying hospitals proportionally based
  340  on the amount that each hospital earned in the first phase of
  341  the allocation which was in excess of the local government
  342  funding. The third phase of the allocation process shall
  343  distribute $122,814,911 the remaining funds based on a
  344  hospital’s Medicaid days, charity care days, and 50 percent of
  345  bad debt days to the total Medicaid days, charity care days, and
  346  50 percent of bad debt days of all qualifying hospitals. To
  347  receive funds in this distribution, the hospital’s Medicaid
  348  days, charity care days and 50 percent of bad debt days divided
  349  by the hospital’s total days must equal or exceed 10 percent. Of
  350  the funds allocated in the third second phase $2,419,573 shall
  351  be allocated to the rural hospitals and the remaining funds
  352  allocated to the remaining hospitals that qualify for a
  353  distribution. All hospitals with accepted 2006 FHURS data are
  354  eligible for the third second phase of the allocation process.
  355         Section 16. Effective June 29, 2009, in order to implement
  356  Specific Appropriation 269 through 365 of the 2009-2010 General
  357  Appropriations Act, subsection (3) of section 1 of chapter 2007
  358  174, Laws of Florida, is amended to read:
  359         Section l. Flexibility for the Department of Children and
  360  Family Services.—
  361         (3) This section expires July 1, 2010 June 30, 2008.
  362         Section 17. In order to implement Specific Appropriations
  363  278A and 288A of the 2009-2010 General Appropriations Act, the
  364  Department of Children and Family Services must ensure that all
  365  public and private agencies and institutions participating in
  366  child welfare cases enter information, specified by department
  367  rule, into the Florida Safe Families Network in order to
  368  maintain the accuracy and usefulness of the system. The network
  369  is intended to be the department’s automated child welfare case
  370  management system designed to provide child welfare workers with
  371  a mechanism for managing child welfare cases more efficiently
  372  and tracking children and families more effectively. The
  373  department shall coordinate with the Office of the State Courts
  374  Administrator to provide any judge or magistrate with access to
  375  information in the network relating to a child welfare case
  376  which is required to be filed with the court pursuant to chapter
  377  39, Florida Statutes, by the date of the network’s release
  378  during the 2009-2010 fiscal year. The department shall report to
  379  the Governor, the President of the Senate, and the Speaker of
  380  the House of Representatives by February 1, 2010, with respect
  381  to progress on providing access to the Florida Safe Families
  382  Network as provided in this section. This section expires July
  383  1, 2010.
  384         Section 18. In order to implement Specific Appropriation
  385  315 of the 2009-2010 General Appropriations Act:
  386         (1)Any contract between the Department of Children and
  387  Family Services and a community-based agency which is authorized
  388  in s. 409.1671, Florida Statutes, must be funded by a grant of
  389  general revenue, other state trust funds, and applicable federal
  390  funding sources. Community-based agencies must document federal
  391  funds earned. Any federal funds earned which are not documented
  392  must be returned to the department. Notwithstanding s.
  393  409.1671(8), Florida Statutes, the amount of the annual contract
  394  for a community-based agency may be increased by excess federal
  395  funds earned in accordance with s. 216.181(11), Florida
  396  Statutes. Notwithstanding any other provision of law to the
  397  contrary, a community-based agency may make expenditures for
  398  staff cellular telephone allowances, contracts requiring
  399  deferred payments and maintenance agreements, security deposits
  400  for office leases, related professional membership dues, and
  401  costs of promotional materials not used for fundraising. The
  402  method of payment for a fixed-price contract with a community
  403  based agency shall include provisions for a 2-month advance
  404  payment at the beginning of each fiscal year and equal monthly
  405  payments thereafter.
  406         (2)This section expires July 1, 2010.
  407         Section 19. In order to implement Specific Appropriation
  408  202 of the 2009-2010 General Appropriations Act and for the
  409  2009-2010 fiscal year only:
  410         (1)In conducting the hospitalist program as required in s.
  411  409.905(5)(d), Florida Statutes, the Agency for Health Care
  412  Administration shall exclude the University of Miami at Cedars
  413  Hospital in Miami-Dade County from participation in the program.
  414  The agency is authorized to modify appropriate contractual
  415  arrangements or federal waivers, as necessary, to effect this
  416  exclusion.
  417         (2)The Agency for Health Care Administration is authorized
  418  to continue the physician lock-in program for recipients who
  419  participate in the pharmacy lock-in program.
  420         (3)This section expires July 1, 2010.
  421         Section 20. Notwithstanding the proviso contained in
  422  Specific Appropriation 438 of the 2009-2010 General
  423  Appropriations Act, no more than a maximum of .25 percent of the
  424  funds in that Specific Appropriation shall be spent on contract
  425  management per direct client service provider per year; a
  426  maximum of 2.5 percent shall be spent on direct services per
  427  direct client services provider per year; and a minimum of 85
  428  percent of all moneys spent shall be spent on overall direct
  429  client service providers.
  430         Section 21. In order to implement the appropriation of
  431  funds in Special Categories-Risk Management Insurance of the
  432  2009-2010 General Appropriations Act, and pursuant to the
  433  notice, review, and objection procedures of s. 216.177, Florida
  434  Statutes, the Executive Office of the Governor is authorized to
  435  transfer funds appropriated in the appropriation category
  436  “Special Categories-Risk Management Insurance” of the 2009-2010
  437  General Appropriations Act between departments in order to align
  438  the budget authority granted with the premiums paid by each
  439  department for risk management insurance. This section expires
  440  July 1, 2010.
  441         Section 22. In order to implement the appropriation of
  442  funds in Special Categories-Transfer to Department of Management
  443  Services-Human Resources Services Purchased Per Statewide
  444  Contract of the 2009-2010 General Appropriations Act, and
  445  pursuant to the notice, review, and objection procedures of s.
  446  216.177, Florida Statutes, the Executive Office of the Governor
  447  is authorized to transfer funds appropriated in the
  448  appropriation category “Special Categories-Transfer to
  449  Department of Management Services-Human Resources Services
  450  Purchased Per Statewide Contract” of the 2009-2010 General
  451  Appropriations Act between departments in order to align the
  452  budget authority granted with the assessments that must be paid
  453  by each agency to the Department of Management Services for
  454  human resource management services. This section expires July 1,
  455  2010.
  456         Section 23. In order to implement the reduction in employee
  457  compensation mandated in the 2009-2010 General Appropriations
  458  Act, and pursuant to the notice, review, and objection
  459  procedures of s. 216.177, Florida Statutes, the Executive Office
  460  of the Governor may transfer funds appropriated in the
  461  appropriation category “Salaries and Benefits” of the 2009-2010
  462  General Appropriations Act between departments in order to align
  463  the budget authority granted to each agency with the reductions
  464  that must be made by each agency pursuant to the 2009-2010
  465  General Appropriations Act. All actions taken pursuant to the
  466  authority granted in this section are subject to the review and
  467  approval of the Legislative Budget Commission. This section
  468  expires July 1, 2010.
  469         Section 24. In order to implement Specific Appropriation
  470  2971, subsection (3) is added to section 218.12, Florida
  471  Statutes, to read:
  472         218.12 Appropriations to offset reductions in ad valorem
  473  tax revenue in fiscally constrained counties.—
  474         (3)In determining the reductions in ad valorem tax
  475  revenues occurring as a result of the implementation of the
  476  revisions to Art. VII of the State Constitution approved in the
  477  special election held on January 29, 2008, the value of
  478  assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the
  479  State Constitution shall include only the reduction in taxable
  480  value for homesteads established January 1, 2009.
  481         Section 25. The amendment to s. 218.12, Florida Statutes,
  482  shall expire July 1, 2010, and the text of that section shall
  483  revert to that in existence on June 30, 2009, except that any
  484  amendments to such text enacted other than by this act shall be
  485  preserved and continue to operate to the extent that such
  486  amendments are not dependent upon the portions of such text
  487  which expire pursuant to this section.
  488         Section 26. In order to implement Specific Appropriations
  489  2299 through 2320 of the 2009-2010 General Appropriations Act,
  490  present subsection (14) of section 253.034, Florida Statutes, is
  491  redesignated as subsection (15), and a new subsection (14) is
  492  added to that section, to read:
  493         253.034 State-owned lands; uses.—
  494         (14)Notwithstanding the provisions of this section, funds
  495  derived from the sale of property by the Department of Citrus
  496  located in Lakeland, Florida, are authorized to be deposited
  497  into the Citrus Advertising Trust Fund. This subsection expires
  498  July 1, 2010.
  499         Section 27. In order to implement Specific Appropriation
  500  2741 of the 2009-2010 General Appropriations Act, paragraph (b)
  501  of subsection (1) of section 255.518, Florida Statutes, is
  502  reenacted to read:
  503         255.518 Obligations; purpose, terms, approval,
  504  limitations.—
  505         (1)
  506         (b) Payment of debt service charges on obligations during
  507  the construction of any facility financed by such obligations
  508  shall be made from funds other than proceeds of obligations.
  509         Section 28. The amendment to s. 255.518(1)(b), Florida
  510  Statutes, as carried forward by this act from chapter 2008-153,
  511  Laws of Florida, shall expire July 1, 2010, and the text of that
  512  paragraph shall revert to that in existence on June 30, 2008,
  513  except that any amendments to such text enacted other than by
  514  this act shall be preserved and continue to operate to the
  515  extent that such amendments are not dependent upon the portions
  516  of such text which expire pursuant to this section.
  517         Section 29. In order to implement Specific Appropriations
  518  2725 through 2738 of the 2009-2010 General Appropriations Act,
  519  paragraph (b) of subsection (7) of section 255.503, Florida
  520  Statutes, is amended to read:
  521         255.503 Powers of the Department of Management Services.
  522  The Department of Management Services shall have all the
  523  authority necessary to carry out and effectuate the purposes and
  524  provisions of this act, including, but not limited to, the
  525  authority to:
  526         (7)
  527         (b) No later than the date upon which the department
  528  recommends to the Division of State Lands of the Department of
  529  Environmental Protection the disposition of any facility within
  530  the Florida Facilities Pool, the department shall provide to the
  531  President of the Senate, the Speaker of the House of
  532  Representatives, the Executive Office of the Governor, and the
  533  Division of Bond Finance of the State Board of Administration an
  534  analysis that includes:
  535         1. The cost benefit of the proposed facility disposition,
  536  including the facility’s current operating expenses, condition,
  537  and market value, and viable alternatives for work space for
  538  impacted state employees.
  539         2. The effect of the proposed facility disposition on the
  540  financial status of the Florida Facilities Pool, including the
  541  effect on rental rates and coverage requirement for the bonds.
  542  
  543  This paragraph expires July 1, 2010 2009.
  544         Section 30. In order to implement Specific Appropriation
  545  1619 of the 2009-2010 General Appropriations Act, subsection
  546  (12) is added to section 373.59, Florida Statutes, to read:
  547         373.59 Water Management Lands Trust Fund.—
  548         (12)Notwithstanding the provisions of subsection (8) and
  549  for the 2009-2010 fiscal year only, the moneys from the Water
  550  Management Lands Trust Fund shall be allocated as follows:
  551         (a)An amount necessary to pay debt service on bonds issued
  552  before February 1, 2009, by the South Florida Water Management
  553  District and the St. Johns River Water Management District,
  554  which are secured by revenues provided pursuant to this section,
  555  or to fund debt service reserve funds, rebate obligations, or
  556  other amounts payable with respect to such bonds;
  557         (b)Eight million dollars to be transferred to the General
  558  Revenue Fund; and
  559         (c)The remaining funds to be distributed equally between
  560  the Suwannee River Water Management District and the Northwest
  561  Florida Water Management District.
  562  
  563  This subsection expires July 1, 2010.
  564         Section 31. In order to implement Specific Appropriation
  565  1733 of the 2009-2010 General Appropriations Act, paragraph (c)
  566  of subsection (5) of section 376.3071, Florida Statutes, is
  567  amended to read:
  568         376.3071 Inland Protection Trust Fund; creation; purposes;
  569  funding.—
  570         (5) SITE SELECTION AND CLEANUP CRITERIA.—
  571         (c) The department shall require source removal, if
  572  warranted and cost-effective, at each site eligible for
  573  restoration funding from the Inland Protection Trust Fund.
  574         1. Funding for free product recovery may be provided in
  575  advance of the order established by the priority ranking system
  576  under paragraph (a) for site cleanup activities. However, a
  577  separate prioritization for free product recovery shall be
  578  established consistent with paragraph (a). No more than $5
  579  million shall be encumbered from the Inland Protection Trust
  580  Fund in any fiscal year for free product recovery conducted in
  581  advance of the priority order under paragraph (a) established
  582  for site cleanup activities.
  583         2. Funding for limited interim soil-source removals for
  584  sites that will become inaccessible for future remediation due
  585  to road infrastructure and right-of-way restrictions resulting
  586  from a pending Department of Transportation road construction
  587  project or for secondary containment upgrading of underground
  588  storage tanks required under chapter 62-761, Florida
  589  Administrative Code, may be provided in advance of the order
  590  established by the priority ranking system under paragraph (a)
  591  for site cleanup activities. The department shall provide
  592  written guidance on the limited source removal information and
  593  technical evaluation necessary to justify a request for a
  594  limited source removal in advance of the priority order pursuant
  595  to paragraph (a) established for site cleanup activities.
  596  Prioritization for limited source removal projects associated
  597  with a secondary containment upgrade in any fiscal year shall be
  598  determined on a first-come, first-served basis according to the
  599  approval date issued under s. 376.30711 for the limited source
  600  removal. Funding for limited source removals associated with
  601  secondary containment upgrades shall be limited to 10 sites in
  602  each fiscal year for each facility owner and any related person.
  603  The limited source removal for secondary containment upgrades
  604  shall be completed no later than 6 months after the department
  605  issues its approval of the project, and the approval
  606  automatically expires at the end of the 6 months. Funding for
  607  Department of Transportation and secondary containment upgrade
  608  source removals may not exceed $50,000 for a single facility
  609  unless the department makes a determination that it is cost
  610  effective and environmentally beneficial to exceed this amount,
  611  but in no event shall the department authorize costs in excess
  612  of $100,000 for a single facility. Department funding for
  613  limited interim soil-source removals associated with Department
  614  of Transportation projects and secondary containment upgrades
  615  shall be limited to supplemental soil assessment, soil
  616  screening, soil removal, backfill material, treatment or
  617  disposal of the contaminated soil, dewatering related to the
  618  contaminated soil removal in an amount of up to 10 percent of
  619  the total interim soil-source removal project costs, treatment,
  620  and disposal of the contaminated groundwater and preparation of
  621  the source removal report. No other costs associated with the
  622  facility upgrade may be paid with department funds. No more than
  623  $1 million for Department of Transportation limited source
  624  removal projects and $10 million for secondary containment
  625  upgrade limited source removal projects conducted in advance of
  626  the priority order established under paragraph (a) for site
  627  cleanup activities shall be encumbered from the Inland
  628  Protection Trust Fund in any fiscal year. This subparagraph is
  629  repealed effective June 30, 2010 2009.
  630         3. Once free product removal and other source removal
  631  identified in this paragraph are completed at a site, and
  632  notwithstanding the order established by the priority ranking
  633  system under paragraph (a) for site cleanup activities, the
  634  department may reevaluate the site to determine the degree of
  635  active cleanup needed to continue site rehabilitation. Further,
  636  the department shall determine if the reevaluated site qualifies
  637  for natural attenuation monitoring or no further action. If
  638  additional site rehabilitation is necessary to reach no further
  639  action status, the site rehabilitation shall be conducted in the
  640  order established by the priority ranking system under paragraph
  641  (a) and the department is encouraged to utilize natural
  642  attenuation and monitoring where site conditions warrant.
  643         Section 32. In order to implement Specific Appropriations
  644  1690, 1691, 1692, 1694, and 1695, paragraph (g) is added to
  645  subsection (1) of section 403.1651, Florida Statutes, to read:
  646         403.1651 Ecosystem Management and Restoration Trust Fund.—
  647         (1) There is created the Ecosystem Management and
  648  Restoration Trust Fund to be administered by the Department of
  649  Environmental Protection for the purposes of:
  650         (g)Funding activities to preserve and repair the state’s
  651  beaches as provided in ss. 161.091-161.212.
  652         Section 33. The amendment to s. 403.1651(1), Florida
  653  Statutes, made by this act shall expire July 1, 2010, and the
  654  text of that subsection shall revert to that in existence on
  655  June 30, 2009, except that any amendments to such text enacted
  656  other than by this act shall be preserved and continue to
  657  operate to the extent that such amendments are not dependent
  658  upon the portions of such text which expire pursuant to this
  659  section.
  660         Section 34. In order to implement Specific Appropriations
  661  1294 through 1454 of the 2009-2010 General Appropriations Act,
  662  subsection (2) of section 570.20, Florida Statutes, is amended
  663  to read:
  664         570.20 General Inspection Trust Fund.—
  665         (2) For the 2009-2010 2008-2009 fiscal year only and
  666  notwithstanding any other provision of law to the contrary, in
  667  addition to the spending authorized in subsection (1), moneys in
  668  the General Inspection Trust Fund may be appropriated for
  669  programs operated by the department which are related to the
  670  programs authorized by this chapter. This subsection expires
  671  July 1, 2010 2009.
  672         Section 35. In order to implement Specific Appropriation
  673  1760 of the 2009-2010 General Appropriations Act, present
  674  subsection (7) of section 403.7095, Florida Statutes, is
  675  redesignated as subsection (8), and a new subsection (7) is
  676  added to that section, to read:
  677         403.7095 Solid waste management grant program.—
  678         (7)Notwithstanding any provision of this section to the
  679  contrary, and for the 2009-2010 fiscal year only, the Department
  680  of Environmental Protection shall award the sum of $2,600,000 in
  681  grants equally to counties having populations of fewer than
  682  100,000 for waste tire and litter prevention, recycling
  683  education, and general solid waste programs. This subsection
  684  expires July 1, 2010.
  685         Section 36. In order to implement Specific Appropriation
  686  1407 of the 2009-2010 General Appropriations Act and to provide
  687  consistency and continuity in the promotion of agriculture
  688  throughout the state, notwithstanding s. 287.057, Florida
  689  Statutes, the Department of Agriculture and Consumer Services,
  690  at its discretion, may extend, revise, and renew current
  691  contracts or agreements created or entered into pursuant to
  692  chapter 2006-25, Laws of Florida. This section expires July 1,
  693  2010.
  694         Section 37. (1)In order to implement proviso following
  695  Specific Appropriation 471 of the 2009-2010 General
  696  Appropriations Act, and for the 2009-2010 fiscal year only,
  697  notwithstanding any law to the contrary, a state agency may not
  698  adopt or implement a rule or policy that:
  699         (a)Mandates or establishes new nitrogen-reduction limits
  700  that apply to existing or new onsite sewage treatment systems;
  701         (b)Has the effect of requiring the use of performance
  702  based treatment systems; or
  703         (c)Increases the cost of treatment for nitrogen reduction
  704  from onsite systems,
  705  
  706  before the study and report required in proviso following
  707  Specific Appropriation 471 is completed.
  708         (2)This section is repealed July 1, 2010.
  709         Section 38. In order to implement Specific Appropriation
  710  2577 of the 2009-2010 General Appropriations Act, paragraphs (c)
  711  and (d) of subsection (4) of section 288.1254, Florida Statutes,
  712  are amended to read:
  713         288.1254 Entertainment industry financial incentive
  714  program.—
  715         (4) PRIORITY FOR INCENTIVE FUNDING; WITHDRAWAL OF
  716  ELIGIBILITY; QUEUES.—
  717         (c) Independent Florida filmmaker queue.Ten Five percent
  718  of incentive funding appropriated in any state fiscal year must
  719  be dedicated to the independent Florida filmmaker queue. If
  720  there are no qualified applications in the queue, any funding in
  721  the queue shall be made available to a qualified project in the
  722  digital media projects queue. A production certified under this
  723  queue is eligible for a reimbursement equal to 15 percent of its
  724  actual qualified expenditures. An independent Florida film that
  725  meets the criteria of this queue and demonstrates a minimum of
  726  $100,000, but not more than $625,000, in total qualified
  727  expenditures is eligible for incentive funding. To qualify for
  728  this queue, a qualified production must:
  729         1. Be planned as a feature film or documentary of no less
  730  than 70 minutes in length.
  731         2. Provide evidence of 50 percent of the financing for its
  732  total budget in an escrow account or other form dedicated to the
  733  production.
  734         3. Do all major postproduction in this state.
  735         4. Employ Florida workers in at least six of the following
  736  key positions: writer, director, producer, director of
  737  photography, star or one of the lead actors, unit production
  738  manager, editor, or production designer. As used in this
  739  subparagraph, the term “Florida worker” means a person who has
  740  been a resident of this state for at least 1 year before a
  741  production’s application under subsection (3) was submitted or a
  742  person who graduated from a film school, college, university, or
  743  community college in this state no more than 5 years before such
  744  submittal or who is enrolled full-time in such a school,
  745  college, or university.
  746         (d) Digital media projects queue.Five Ten percent of
  747  incentive funding appropriated in any state fiscal year shall be
  748  dedicated to the digital media projects queue. A production
  749  certified under this queue is eligible for a reimbursement equal
  750  to 10 percent of its actual qualified expenditures. A qualified
  751  production that is a digital media project that demonstrates a
  752  minimum of $300,000 in total qualified expenditures is eligible
  753  for a maximum of $1 million in incentive funding. As used in
  754  this paragraph, the term “qualified expenditures” means the
  755  wages or salaries paid to a resident of this state for working
  756  on a single qualified digital media project, up to a maximum of
  757  $200,000 in wages or salaries paid per resident. A qualified
  758  production company producing digital media projects may not
  759  qualify for more than three projects in any 1 fiscal year.
  760  Projects that extend beyond a fiscal year must reapply each
  761  fiscal year in order to be eligible for incentive funding for
  762  that year.
  763         Section 39. In order to implement section 72 of the 2009
  764  2010 General Appropriations Act, subsections (2) and (3) of
  765  section 288.95155, Florida Statutes, are amended to read:
  766         288.95155 Florida Small Business Technology Growth
  767  Program.—
  768         (2)(a) Enterprise Florida, Inc., shall establish a separate
  769  small business technology growth account in the Florida
  770  Technology Research Investment Fund for purposes of this
  771  section. Moneys in the account shall consist of appropriations
  772  by the Legislature, proceeds of any collateral used to secure
  773  such assistance, transfers, fees assessed for providing or
  774  processing such financial assistance, grants, interest earnings,
  775  and earnings on financial assistance.
  776         (b)For the 2009-2010 fiscal year only, Enterprise Florida,
  777  Inc., shall advance up to $600,000 from the account to the
  778  Institute for Commercialization of Public Research for its
  779  operations. This paragraph expires July 1, 2010.
  780         (3) Pursuant to s. 216.351, the amount of any moneys
  781  appropriated to the account which are unused at the end of the
  782  fiscal year shall not be subject to reversion under s. 216.301.
  783  All moneys in the account are continuously appropriated to the
  784  account and may be used for loan guarantees, letter of credit
  785  guarantees, cash reserves for loan and letter of credit
  786  guarantees, payments of claims pursuant to contracts for
  787  guarantees, subordinated loans, loans with warrants, royalty
  788  investments, equity investments, grant of awards to companies
  789  under the auspices of the Institute for Commercialization of
  790  Public Research, and operations of the program. Any claim
  791  against the program shall be paid solely from the account.
  792  Neither the credit nor the taxing power of the state shall be
  793  pledged to secure the account or moneys in the account, other
  794  than from moneys appropriated or assigned to the account, and
  795  the state shall not be liable or obligated in any way for any
  796  claims against the account or against Enterprise Florida, Inc.
  797         Section 40. The amendment to s. 288.95155(3), Florida
  798  Statutes, made by this act shall expire July 1, 2010, and the
  799  text of that subsection shall revert to that in existence on
  800  June 30, 2009, except that any amendments to such text enacted
  801  other than by this act shall be preserved and continue to
  802  operate to the extent that such amendments are not dependent
  803  upon the portions of such text which expire pursuant to this
  804  section.
  805         Section 41. In order to implement section 65 of the 2009
  806  2010 General Appropriations Act, paragraph (n) of subsection (1)
  807  of section 339.08, Florida Statutes, is amended to read:
  808         339.08 Use of moneys in State Transportation Trust Fund.—
  809         (1) The department shall expend moneys in the State
  810  Transportation Trust Fund accruing to the department, in
  811  accordance with its annual budget. The use of such moneys shall
  812  be restricted to the following purposes:
  813         (n) To pay administrative expenses incurred in accordance
  814  with applicable laws for a multicounty transportation or
  815  expressway authority created under chapter 343 or chapter 348,
  816  where jurisdiction for the authority includes a portion of the
  817  State Highway System and the administrative expenses are in
  818  furtherance of the duties and responsibilities of the authority
  819  in the development of improvements to the State Highway System.
  820  This paragraph expires July 1, 2010 2009.
  821         Section 42. In order to implement Specific Appropriation
  822  2029 of the 2009-2010 General Appropriations Act, paragraph (p)
  823  is added to subsection (1) of section 339.08, Florida Statutes,
  824  to read:
  825         339.08 Use of moneys in State Transportation Trust Fund.—
  826         (1) The department shall expend moneys in the State
  827  Transportation Trust Fund accruing to the department, in
  828  accordance with its annual budget. The use of such moneys shall
  829  be restricted to the following purposes:
  830         (p)To pay for county and school district transportation
  831  infrastructure improvements. This paragraph expires July 1,
  832  2010.
  833         Section 43. In order to implement section 59 of the 2009
  834  2010 General Appropriations Act, subsection (4) is added to
  835  section 339.08, Florida Statutes, to read:
  836         339.08 Use of moneys in State Transportation Trust Fund.—
  837         (4)For the 2009-2010 fiscal year only and notwithstanding
  838  the provisions of this section and ss. 339.09(1) and
  839  215.32(2)(b)4., funds may be transferred from the State
  840  Transportation Trust Fund to the General Revenue Fund as
  841  specified in the General Appropriations Act. Notwithstanding ss.
  842  206.46(3) and 206.606(2), the total amount transferred shall be
  843  reduced from total state revenues deposited into the State
  844  Transportation Trust Fund for the calculation requirements of
  845  ss. 206.46(3) and 206.606(2). This subsection expires July 1,
  846  2010.
  847         Section 44. In order to implement Specific Appropriations
  848  2124A and 2131C of the 2009-2010 General Appropriations Act,
  849  subsection (11) is added to section 445.009, Florida Statutes,
  850  to read:
  851         445.009 One-stop delivery system.—
  852         (11)(a)A participant in an adult or youth work experience
  853  activity administered under this chapter shall be deemed an
  854  employee of the state for purposes of workers’ compensation
  855  coverage. In determining the average weekly wage, all
  856  remuneration received from the employer shall be considered a
  857  gratuity, and the participant shall not be entitled to any
  858  benefits otherwise payable under s. 440.15, regardless of
  859  whether the participant may be receiving wages and remuneration
  860  from other employment with another employer and regardless of
  861  his or her future wage-earning capacity.
  862         (b)This subsection expires July 1, 2010.
  863         Section 45. In order to implement Specific Appropriation
  864  1998 of the 2009-2010 General Appropriations Act, subsection (8)
  865  of section 332.007, Florida Statutes, is amended to read:
  866         332.007 Administration and financing of aviation and
  867  airport programs and projects; state plan.—
  868         (8) Notwithstanding any other provision of law to the
  869  contrary, the department is authorized to fund security
  870  projects, including operational and maintenance assistance, at
  871  publicly owned public-use airports. For projects in the current
  872  adopted work program, or projects added using the available
  873  budget of the department, airports may request the department
  874  change the project purpose in accordance with this provision
  875  notwithstanding the provisions of s. 339.135(7). For purposes of
  876  this subsection, the department may fund up to 100 percent of
  877  eligible project costs that are not funded by the Federal
  878  Government. This subsection shall expire on June 30, 2012.
  879         Section 46. The amendment to s. 332.007(8), Florida
  880  Statutes, made by this act shall expire July 1, 2010, and the
  881  text of that subsection shall revert to that in existence on
  882  June 30, 2009, except that any amendments to such text enacted
  883  other than by this act shall be preserved and continue to
  884  operate to the extent that such amendments are not dependent
  885  upon the portions of such text which expire pursuant to this
  886  section.
  887         Section 47. In order to implement Specific Appropriation
  888  1570 of the 2009-2010 General Appropriations Act:
  889         (1)The intent of the Legislature is to ensure that
  890  residents of the state derive the maximum possible economic
  891  benefit from the federal first-time homebuyer tax credit created
  892  through The American Recovery and Reinvestment Act of 2009 by
  893  providing subordinate down payment assistance loans to first
  894  time homebuyers for owner-occupied primary residences which can
  895  be repaid by the income tax refund the homebuyer is entitled to
  896  under the First Time Homebuyer Credit. The state program shall
  897  be called the “Florida Homebuyer Opportunity Program.”
  898         (2)The Florida Housing Finance Corporation shall
  899  administer the Florida Homebuyer Opportunity Program to optimize
  900  eligibility for conventional, VA, USDA, FHA, and other loan
  901  programs through the State Housing Initiatives Partnership
  902  program in accordance with ss. 420.907-420.9079, Florida
  903  Statutes, and the provisions of this section.
  904         (3)Prior to December 1, 2009, or any later date
  905  established by the Internal Revenue Service for such purchases,
  906  counties and eligible municipalities receiving funds shall
  907  expend the funds appropriated under Specific Appropriation 1570A
  908  only to provide subordinate loans to prospective first-time
  909  homebuyers under the Florida Homebuyer Opportunity Program
  910  pursuant to this section, except that up to 10 percent of such
  911  funds may be used to cover administrative expenses of the
  912  counties and eligible municipalities to implement the Florida
  913  Homebuyer Opportunity Program, and not more than .25 percent may
  914  be used to compensate the Florida Housing Finance Corporation
  915  for the expenses associated with compliance monitoring. The
  916  funds appropriated under Specific Appropriation 1570A may not be
  917  used for any other program currently existing under ss. 420.907
  918  420.9079, Florida Statutes. Thereafter, the funds shall be
  919  expended in accordance with ss. 420.907-420.9079, Florida
  920  Statutes.
  921         (4)Notwithstanding s. 420.9075, Florida Statutes, for
  922  purposes of the Florida Homebuyer Opportunity Program, the
  923  following exceptions shall apply:
  924         (a)The maximum income limit shall be an adjusted gross
  925  income of $75,000 for single taxpayer households or $150,000 for
  926  joint-filing taxpayer households, which is equal to that
  927  permitted by the American Recovery and Reinvestment Act of 2009;
  928         (b)There is no requirement to reserve 30 percent of the
  929  funds for awards to very-low-income persons or 30 percent of the
  930  funds for awards to low-income persons;
  931         (c)There is no requirement to expend 75 percent of funds
  932  for construction, rehabilitation, or emergency repair; and
  933         (d)The principal balance of the loans provided may not
  934  exceed 10 percent of the purchase price or $8,000, whichever is
  935  less.
  936         (5)Funds shall be expended under a newly created strategy
  937  in the local housing assistance plan to implement the Florida
  938  Homebuyer Opportunity Program.
  939         (6)The homebuyer shall be expected to use their federal
  940  income tax refund to fully repay the loan. If the county or
  941  eligible municipality receives repayment from the homebuyer
  942  within 18 months after the closing date of the loan, the county
  943  or eligible municipality shall waive all interest charges. A
  944  homebuyer who fails to fully repay the loan within the earlier
  945  of 18 months or 10 days after the receipt of their federal
  946  income tax refund, shall be subject to repayment terms provided
  947  in the local housing assistance plan, including penalties for
  948  not using his or her refund for repayment. Penalties may not
  949  exceed 10 percent of the loan amount and shall be included in
  950  the loan agreement with the homebuyer.
  951         (7)All funds repaid to a county or eligible municipality
  952  shall be considered “program income” as defined in s.
  953  420.9071(24), Florida Statutes.
  954         (8)In order to maximize the effect of the funding, the
  955  counties and eligible municipalities are encouraged to work with
  956  private lenders to provide additional funds to support the
  957  initiative. However, in all instances, the counties and eligible
  958  municipalities shall make and hold the subordinate loan.
  959         (9)This section expires July 1, 2010.
  960         Section 48. In order to implement Specific Appropriations
  961  2677 and 2678 of the 2009-2010 General Appropriations Act:
  962         (1)Notwithstanding the provisions of s. 11.13(1), Florida
  963  Statutes, relating to the annual adjustment of salaries for
  964  members of the Legislature, to the contrary, for the 2009-2010
  965  fiscal year only, the authorized salaries of members of the
  966  Legislature in effect on June 30, 2009, shall be reduced by 7
  967  percent.
  968         (2)Effective June 30, 2010, the annual salaries of members
  969  of the Legislature shall be set at the amounts authorized and in
  970  effect on June 30, 2009, pursuant to subsection (2) of section
  971  52 of chapter 2008-153, Laws of Florida.
  972         (3)This section expires July 1, 2010.
  973         Section 49. In order to implement specific appropriations
  974  for salaries and benefits in the 2009-2010 General
  975  Appropriations Act, paragraph (a) of subsection (12) of section
  976  110.123, Florida Statutes, is amended to read:
  977         110.123 State group insurance program.—
  978         (12) HEALTH SAVINGS ACCOUNTS.—The department is authorized
  979  to establish health savings accounts for full-time and part-time
  980  state employees in association with a health insurance plan
  981  option authorized by the Legislature and conforming to the
  982  requirements and limitations of federal provisions relating to
  983  the Medicare Prescription Drug, Improvement, and Modernization
  984  Act of 2003.
  985         (a)1. A member participating in this health insurance plan
  986  option shall be eligible to receive an employer contribution
  987  into the employee’s health savings account from the State
  988  Employees Health Insurance Trust Fund in an amount to be
  989  determined by the Legislature. A member is not eligible for an
  990  employer contribution upon termination of employment. For the
  991  2009-2010 2008-2009 fiscal year, the state’s monthly
  992  contribution for employees having individual coverage shall be
  993  $41.66 and the monthly contribution for employees having family
  994  coverage shall be $83.33.
  995         2. A member participating in this health insurance plan
  996  option shall be eligible to deposit the member’s own funds into
  997  a health savings account.
  998         Section 50. In order to implement Specific Appropriations
  999  for salaries and benefits in the 2009-2010 General
 1000  Appropriations Act, paragraph (b) of subsection (3) of section
 1001  112.24, Florida Statutes, is amended to read:
 1002         112.24 Intergovernmental interchange of public employees.
 1003  To encourage economical and effective utilization of public
 1004  employees in this state, the temporary assignment of employees
 1005  among agencies of government, both state and local, and
 1006  including school districts and public institutions of higher
 1007  education is authorized under terms and conditions set forth in
 1008  this section. State agencies, municipalities, and political
 1009  subdivisions are authorized to enter into employee interchange
 1010  agreements with other state agencies, the Federal Government,
 1011  another state, a municipality, or a political subdivision
 1012  including a school district, or with a public institution of
 1013  higher education. State agencies are also authorized to enter
 1014  into employee interchange agreements with private institutions
 1015  of higher education and other nonprofit organizations under the
 1016  terms and conditions provided in this section. In addition, the
 1017  Governor or the Governor and Cabinet may enter into employee
 1018  interchange agreements with a state agency, the Federal
 1019  Government, another state, a municipality, or a political
 1020  subdivision including a school district, or with a public
 1021  institution of higher learning to fill, subject to the
 1022  requirements of chapter 20, appointive offices which are within
 1023  the executive branch of government and which are filled by
 1024  appointment by the Governor or the Governor and Cabinet. Under
 1025  no circumstances shall employee interchange agreements be
 1026  utilized for the purpose of assigning individuals to participate
 1027  in political campaigns. Duties and responsibilities of
 1028  interchange employees shall be limited to the mission and goals
 1029  of the agencies of government.
 1030         (3) Salary, leave, travel and transportation, and
 1031  reimbursements for an employee of a sending party that is
 1032  participating in an interchange program shall be handled as
 1033  follows:
 1034         (b)1. The assignment of an employee of a state agency
 1035  either on detail or on leave of absence may be made without
 1036  reimbursement by the receiving party for the travel and
 1037  transportation expenses to or from the place of the assignment
 1038  or for the pay and benefits, or a part thereof, of the employee
 1039  during the assignment.
 1040         2. For the 2009-2010 2008-2009 fiscal year only, the
 1041  assignment of an employee of a state agency as provided in
 1042  subparagraph 1. may be made if recommended by the Governor or
 1043  Chief Justice, as appropriate, and approved by the chairs of the
 1044  Senate Policy and Steering Committee on Ways and Means and the
 1045  House Full Appropriations Council on General Government and
 1046  Health Care Senate Fiscal Policy and Calendar Committee and the
 1047  House Policy and Budget Council. Such actions shall be deemed
 1048  approved if neither chair provides written notice of objection
 1049  within 14 days after the chair’s receiving notice of the action
 1050  pursuant to s. 216.177. This subparagraph expires July 1, 2010
 1051  2009.
 1052         Section 51. In order to implement the appropriations
 1053  provided in the 2009-2010 General Appropriations Act to each
 1054  agency for cellular phone equipment and services, and to ensure
 1055  the cost-effective acquisition and use of wireless devices:
 1056         (1)Each agency shall develop a wireless device assignment
 1057  plan that limits use of cellular telephones, personal digital
 1058  assistants (PDAs), and other devices to only those employees
 1059  who, as part of their official assigned duties, must routinely
 1060  be immediately available to citizens, supervisors, or
 1061  subordinates; be available to respond to emergency situations;
 1062  be available to calls outside of regular working hours; have
 1063  access to the technology in order to productively perform job
 1064  duties in the field; or have limited or no access to a standard
 1065  phone, or have no ability to use a personal cell phone, if
 1066  needed. The plan shall result in reducing the number of wireless
 1067  devices used in each agency.
 1068         (2)Each agency must review the use of cellular telephones,
 1069  PDAs, and other wireless devices by employees and submit a
 1070  report to the President of the Senate and the Speaker of the
 1071  House of Representatives by September 1, 2009. The report shall
 1072  include:
 1073         (a)The criteria that the agency has developed to limit
 1074  assignment of wireless devices;
 1075         (b)The results of implementing the wireless device
 1076  assignment plan, including the reduction in the number of
 1077  wireless devices used and the cost of such devices;
 1078         (c)The number of wireless devices that remain in use by
 1079  type and expenditures by type of device and total agency
 1080  expenditures for wireless devices;
 1081         (d)The procurement method used to procure wireless devices
 1082  and the rationale for procuring wireless devices by any
 1083  mechanism other than statewide term contracts and side-by-side
 1084  comparison of costs for services purchased through the statewide
 1085  term contracts and the mechanisms otherwise used by the agency;
 1086  and
 1087         (e)A description of innovative techniques the agency has
 1088  used to manage wireless devices that have improved efficiency or
 1089  reduced costs, which may be applicable for implementation by
 1090  other agencies.
 1091         (3)This section expires July 1, 2010.
 1092         Section 52. In order to implement the transfer of moneys to
 1093  the General Revenue Fund from trust funds in the 2009-2010
 1094  General Appropriations Act, paragraph (b) of subsection (2) of
 1095  section 215.32, Florida Statutes, is reenacted to read:
 1096         215.32 State funds; segregation.—
 1097         (2) The source and use of each of these funds shall be as
 1098  follows:
 1099         (b)
 1100         1. The trust funds shall consist of moneys received by the
 1101  state which under law or under trust agreement are segregated
 1102  for a purpose authorized by law. The state agency or branch of
 1103  state government receiving or collecting such moneys shall be
 1104  responsible for their proper expenditure as provided by law.
 1105  Upon the request of the state agency or branch of state
 1106  government responsible for the administration of the trust fund,
 1107  the Chief Financial Officer may establish accounts within the
 1108  trust fund at a level considered necessary for proper
 1109  accountability. Once an account is established within a trust
 1110  fund, the Chief Financial Officer may authorize payment from
 1111  that account only upon determining that there is sufficient cash
 1112  and releases at the level of the account.
 1113         2. In addition to other trust funds created by law, to the
 1114  extent possible, each agency shall use the following trust funds
 1115  as described in this subparagraph for day-to-day operations:
 1116         a. Operations or operating trust fund, for use as a
 1117  depository for funds to be used for program operations funded by
 1118  program revenues, with the exception of administrative
 1119  activities when the operations or operating trust fund is a
 1120  proprietary fund.
 1121         b. Operations and maintenance trust fund, for use as a
 1122  depository for client services funded by third-party payors.
 1123         c. Administrative trust fund, for use as a depository for
 1124  funds to be used for management activities that are departmental
 1125  in nature and funded by indirect cost earnings and assessments
 1126  against trust funds. Proprietary funds are excluded from the
 1127  requirement of using an administrative trust fund.
 1128         d. Grants and donations trust fund, for use as a depository
 1129  for funds to be used for allowable grant or donor agreement
 1130  activities funded by restricted contractual revenue from private
 1131  and public nonfederal sources.
 1132         e. Agency working capital trust fund, for use as a
 1133  depository for funds to be used pursuant to s. 216.272.
 1134         f. Clearing funds trust fund, for use as a depository for
 1135  funds to account for collections pending distribution to lawful
 1136  recipients.
 1137         g. Federal grant trust fund, for use as a depository for
 1138  funds to be used for allowable grant activities funded by
 1139  restricted program revenues from federal sources.
 1140  
 1141  To the extent possible, each agency must adjust its internal
 1142  accounting to use existing trust funds consistent with the
 1143  requirements of this subparagraph. If an agency does not have
 1144  trust funds listed in this subparagraph and cannot make such
 1145  adjustment, the agency must recommend the creation of the
 1146  necessary trust funds to the Legislature no later than the next
 1147  scheduled review of the agency’s trust funds pursuant to s.
 1148  215.3206.
 1149         3. All such moneys are hereby appropriated to be expended
 1150  in accordance with the law or trust agreement under which they
 1151  were received, subject always to the provisions of chapter 216
 1152  relating to the appropriation of funds and to the applicable
 1153  laws relating to the deposit or expenditure of moneys in the
 1154  State Treasury.
 1155         4.a. Notwithstanding any provision of law restricting the
 1156  use of trust funds to specific purposes, unappropriated cash
 1157  balances from selected trust funds may be authorized by the
 1158  Legislature for transfer to the Budget Stabilization Fund and
 1159  General Revenue Fund in the General Appropriations Act.
 1160         b. This subparagraph does not apply to trust funds required
 1161  by federal programs or mandates; trust funds established for
 1162  bond covenants, indentures, or resolutions whose revenues are
 1163  legally pledged by the state or public body to meet debt service
 1164  or other financial requirements of any debt obligations of the
 1165  state or any public body; the State Transportation Trust Fund;
 1166  the trust fund containing the net annual proceeds from the
 1167  Florida Education Lotteries; the Florida Retirement System Trust
 1168  Fund; trust funds under the management of the State Board of
 1169  Education or the Board of Governors of the State University
 1170  System, where such trust funds are for auxiliary enterprises,
 1171  self-insurance, and contracts, grants, and donations, as those
 1172  terms are defined by general law; trust funds that serve as
 1173  clearing funds or accounts for the Chief Financial Officer or
 1174  state agencies; trust funds that account for assets held by the
 1175  state in a trustee capacity as an agent or fiduciary for
 1176  individuals, private organizations, or other governmental units;
 1177  and other trust funds authorized by the State Constitution.
 1178         Section 53. Paragraph (b) of subsection (4) of section
 1179  215.5601, Florida Statutes, is reenacted to read:
 1180         215.5601 Lawton Chiles Endowment Fund.—
 1181         (4) ADMINISTRATION.—
 1182         (b) The endowment shall be managed as an annuity. The
 1183  investment objective shall be long-term preservation of the real
 1184  value of the net contributed principal and a specified regular
 1185  annual cash outflow for appropriation, as nonrecurring revenue.
 1186  From the annual cash outflow, a pro rata share shall be used
 1187  solely for biomedical research activities as provided in
 1188  paragraph (3)(d), until such time as cures are found for
 1189  tobacco-related cancer and heart and lung disease. Five percent
 1190  of the annual cash outflow dedicated to the biomedical research
 1191  portion of the endowment shall be reinvested and applied to that
 1192  portion of the endowment’s principal, with the remainder to be
 1193  spent on biomedical research activities consistent with this
 1194  section. The schedule of annual cash outflow shall be included
 1195  within the investment plan adopted under paragraph (a).
 1196  Withdrawals other than specified regular cash outflow shall be
 1197  considered reductions in contributed principal for the purposes
 1198  of this subsection.
 1199         Section 54. In order to implement Specific Appropriations
 1200  2558, 2559A, 2559B, 2561A and 2561B, paragraph (a) of subsection
 1201  (1) of section 377.6015, Florida Statutes, is amended to read:
 1202         377.6015 Florida Energy and Climate Commission.—
 1203         (1) The Florida Energy and Climate Commission is created
 1204  within the Executive Office of the Governor. The commission
 1205  shall be comprised of nine members appointed by the Governor,
 1206  the Commissioner of Agriculture, and the Chief Financial
 1207  Officer.
 1208         (a) The Governor shall appoint one member from three
 1209  persons nominated by the Florida Public Service Commission
 1210  Nominating Council, created in s. 350.031, to each of seven
 1211  seats on the commission. The Commissioner of Agriculture shall
 1212  appoint one member from three persons nominated by the council
 1213  to one seat on the commission. The Chief Financial Officer shall
 1214  appoint one member from three persons nominated by the council
 1215  to one seat on the commission.
 1216         1. The council shall submit the recommendations to the
 1217  Governor, the Commissioner of Agriculture, and the Chief
 1218  Financial Officer by September 1 of those years in which the
 1219  terms are to begin the following October or within 60 days after
 1220  a vacancy occurs for any reason other than the expiration of the
 1221  term. The Governor, the Commissioner of Agriculture, and the
 1222  Chief Financial Officer may proffer names of persons to be
 1223  considered for nomination by the council.
 1224         2. The Governor, the Commissioner of Agriculture, and the
 1225  Chief Financial Officer shall fill a vacancy occurring on the
 1226  commission by appointment of one of the applicants nominated by
 1227  the council only after a background investigation of such
 1228  applicant has been conducted by the Department of Law
 1229  Enforcement.
 1230         3. Members shall be appointed to 3-year terms; however, in
 1231  order to establish staggered terms, for the initial
 1232  appointments, the Governor shall appoint four members to 3-year
 1233  terms, two members to 2-year terms, and one member to a 1-year
 1234  term, and the Commissioner of Agriculture and the Chief
 1235  Financial Officer shall each appoint one member to a 3-year term
 1236  and shall appoint a successor when that appointee’s term expires
 1237  in the same manner as the original appointment.
 1238         4. The Governor shall select from the membership of the
 1239  commission one person to serve as chair.
 1240         5. A vacancy on the commission shall be filled for the
 1241  unexpired portion of the term in the same manner as the original
 1242  appointment.
 1243         6. If the Governor, the Commissioner of Agriculture, or the
 1244  Chief Financial Officer has not made an appointment within 30
 1245  consecutive calendar days after the receipt of the
 1246  recommendations, the council shall initiate, in accordance with
 1247  this section, the nominating process within 30 days.
 1248         7. Each appointment to the commission shall be subject to
 1249  confirmation by the Senate during the next regular session after
 1250  the vacancy occurs. If the Senate refuses to confirm or fails to
 1251  consider the appointment of the Governor, the Commissioner of
 1252  Agriculture, or the Chief Financial Officer, the council shall
 1253  initiate, in accordance with this section, the nominating
 1254  process within 30 days.
 1255         8. The Governor or the Governor’s successor may recall an
 1256  appointee.
 1257         9.Notwithstanding subparagraph 7. and for the initial
 1258  appointments to the commission only, each initial appointment to
 1259  the commission is subject to confirmation by the Senate by the
 1260  2010 Regular Session. If the Senate refuses to confirm or fails
 1261  to consider an appointment made by the Governor, the
 1262  Commissioner of Agriculture, or the Chief Financial Officer, the
 1263  council shall initiate, in accordance with this section, the
 1264  nominating process within 30 days after the Senate’s refusal to
 1265  confirm or failure to consider such appointment. This
 1266  subparagraph expires July 1, 2010.
 1267         Section 55. The amendment to s. 377.6015(1)(a), Florida
 1268  Statutes, made by this act applies retroactively to May 1, 2009.
 1269         Section 56. Section 49 of chapter 2008-153, Laws of
 1270  Florida, is repealed.
 1271         Section 57. In order to implement the issuance of new debt
 1272  authorized in the 2009-2010 General Appropriations Act, and
 1273  pursuant to the requirements of s. 215.98, Florida Statutes, the
 1274  Legislature determines that the authorization and issuance of
 1275  debt for the 2009-2010 fiscal year should be implemented and is
 1276  in the best interest of the state and necessary to address a
 1277  critical state emergency.
 1278         Section 58. In order to implement the funds appropriated in
 1279  the 2009-2010 General Appropriations Act for state employee
 1280  travel, the funds appropriated to each state agency, which may
 1281  be used for travel by state employees, shall be limited during
 1282  the 2009-2010 fiscal year to travel for activities that are
 1283  critical to each state agency’s mission. Funds may not be used
 1284  to pay for travel by state employees to foreign countries, other
 1285  states, conferences, staff-training activities, or other
 1286  administrative functions unless the agency head has approved in
 1287  writing that such activities are critical to the agency’s
 1288  mission. The agency head must consider the use of
 1289  teleconferencing and other forms of electronic communication to
 1290  meet the needs of the proposed activity before approving
 1291  mission-critical travel. This section does not apply to travel
 1292  for law enforcement purposes, military purposes, emergency
 1293  management activities, or public health activities. This section
 1294  expires July 1, 2010.
 1295         Section 59. A section of this act which implements a
 1296  specific appropriation or specifically identified proviso
 1297  language in the 2009-2010 General Appropriations Act is void if
 1298  the specific appropriation or specifically identified proviso
 1299  language is vetoed. A section of this act which implements more
 1300  than one specific appropriation or more than one portion of
 1301  specifically identified proviso language in the 2009-2010
 1302  General Appropriations Act is void if all the specific
 1303  appropriations or portions of specifically identified proviso
 1304  language are vetoed.
 1305         Section 60. If any other act passed during the 2009 Regular
 1306  Session contains a provision that is substantively the same as a
 1307  provision in this act, but that removes or is otherwise not
 1308  subject to the future repeal applied to such provision by this
 1309  act, the Legislature intends that the provision in the other act
 1310  takes precedence and continues to operate, notwithstanding the
 1311  future repeal provided by this act.
 1312         Section 61. If any provision of this act or its application
 1313  to any person or circumstance is held invalid, the invalidity
 1314  does not affect other provisions or applications of the act
 1315  which can be given effect without the invalid provision or
 1316  application, and to this end the provisions of this act are
 1317  severable.
 1318         Section 62. Except as otherwise expressly provided in this
 1319  act and except for this section, which shall take effect June
 1320  29, 2009, this act shall take effect July 1, 2009; or, if this
 1321  act fails to become a law until after that date, it shall take
 1322  effect upon becoming a law and shall operate retroactively to
 1323  July 1, 2009.
 1324  
 1325  ================= T I T L E  A M E N D M E N T ================
 1326         And the title is amended as follows:
 1327         Delete everything before the enacting clause
 1328  and insert:
 1329                        A bill to be entitled                      
 1330         An act implementing the 2009-2010 General
 1331         Appropriations Act; providing legislative intent;
 1332         authorizing the Department of Corrections and the
 1333         Department of Juvenile Justice to use certain
 1334         appropriated funds to assist in defraying the costs
 1335         incurred by a county or a municipality to open or
 1336         operate certain facilities; limiting the amount of
 1337         such assistance; providing for the expiration of the
 1338         authority to provide the assistance; amending s.
 1339         216.262, F.S.; delaying the expiration of provisions
 1340         directing the Department of Corrections to seek a
 1341         budget amendment for additional positions and
 1342         appropriations if the inmate population exceeds a
 1343         certain estimate under certain circumstances;
 1344         providing for the expiration of the authority to seek
 1345         a budget amendment; authorizing the Department of
 1346         Legal Affairs to spend certain appropriated funds on
 1347         programs that were funded by the department from
 1348         specific appropriations in general appropriations acts
 1349         in prior years; providing for the expiration of the
 1350         authority to spend those appropriations; authorizing
 1351         the Department of Legal Affairs to transfer certain
 1352         funds from certain cases to the Operating Trust Fund
 1353         to pay salaries and benefits; providing an expiration
 1354         date for the transfer of funds; authorizing the Chief
 1355         Justice of the Supreme Court to request a loan of
 1356         funds from the General Revenue Fund to be deposited
 1357         into the State Courts Revenue Trust Fund under certain
 1358         circumstances; amending s. 932.7055, F.S.; delaying
 1359         the expiration of provisions authorizing a
 1360         municipality to expend funds from its special law
 1361         enforcement trust fund to reimburse the municipality’s
 1362         general fund; amending s. 339.135, F.S.; providing for
 1363         use of transportation revenues; providing for revised
 1364         funding levels for Department of Transportation
 1365         projects; requiring that the Department of
 1366         Transportation transfer funds to the Office of
 1367         Tourism, Trade, and Economic Development for the
 1368         purpose of funding transportation-related needs of
 1369         economic development; deleting obsolete provisions;
 1370         amending s. 216.292, F.S.; permitting the Legislative
 1371         Budget Commission to review and approve
 1372         recommendations by the Governor for fixed capital
 1373         outlay projects funded by grants awarded from the
 1374         American Recovery and Reinvestment Act of 2009;
 1375         providing for future expiration; authorizing the
 1376         Executive Office of the Governor to transfer funds
 1377         appropriated for the American Recovery and
 1378         Reinvestment Act of 2009 in traditional appropriation
 1379         categories in the General Appropriations Act to
 1380         appropriation categories established for the specific
 1381         purpose of tracking funds appropriated for the act;
 1382         amending s. 394.908, F.S.; delaying the expiration of
 1383         provisions requiring that funds appropriated for
 1384         forensic mental health treatment services be allocated
 1385         to the areas of the state having the greatest demand
 1386         for services and treatment capacity; providing
 1387         allocation requirements for specified funds
 1388         appropriated for mental health services; amending s.
 1389         400.179, F.S; revising provisions relating to
 1390         liability for Medicaid underpayments and overpayments;
 1391         providing that certain provisions relating to the
 1392         transfer of a facility that has been leased by the
 1393         transferor do not apply; providing for future
 1394         expiration; requiring that the Department of Health
 1395         issue a request for proposals and enter into a
 1396         contract for a replacement facility for the A.G.
 1397         Holley State Hospital and for inpatient services and
 1398         other operations provided by such hospital; providing
 1399         requirements for the request for proposals; providing
 1400         for future expiration; amending Specific Appropriation
 1401         208 of s. 3, chapter 2008-152, Laws of Florida,
 1402         relating to Medicaid low-income pool payments to
 1403         hospitals provider access systems; providing that
 1404         funding be distributed in a three-step allocation
 1405         process; amending s. 1, chapter 2007-174, Laws of
 1406         Florida; delaying the expiration of provisions
 1407         authorizing the Department of Children and Family
 1408         Services to begin the process of reorganization;
 1409         requiring that the Department of Children and Family
 1410         Services ensure that information is entered into the
 1411         Florida Safe Families Network; requiring coordination
 1412         between the department and the Office of the State
 1413         Courts Administrator to provide information relating
 1414         to child welfare cases; requiring a report to the
 1415         Governor and Legislature; requiring that contracts
 1416         between the Department of Children and Family Services
 1417         and community-based care agencies be funded by a grant
 1418         of general revenue, other state trust funds, and
 1419         applicable federal funding sources; requiring that
 1420         community-based care agencies document federal funds
 1421         earned and return undocumented federal funds earned;
 1422         authorizing an increase in the amount of the annual
 1423         contract for a community-based care agency by using
 1424         excess federal funds; authorizing certain
 1425         expenditures; providing requirements for fixed-price
 1426         contracts; providing for future expiration;
 1427         authorizing the Agency for Health Care Administration
 1428         to exclude the University of Miami at Cedars Hospital
 1429         in Miami-Dade County from participating in the
 1430         hospitalist program; authorizing the agency to
 1431         continue the physician lock-in program for
 1432         participating recipients of such program; providing
 1433         for future expiration; providing an exception to
 1434         proviso language contained in Specific Appropriation
 1435         438 of the 2009-2010 General Appropriations Act;
 1436         requiring that a maximum of 2.5 percent be spent on
 1437         direct services per direct client service provider per
 1438         year; authorizing the Executive Office of the Governor
 1439         to transfer funds between departments for purposes of
 1440         aligning amounts paid for risk management premiums and
 1441         for purposes of aligning amounts paid for human
 1442         resource management services; authorizing the
 1443         Executive Office of the Governor to transfer funds
 1444         between departments for purposes of aligning the
 1445         budget authority granted to each agency with the
 1446         reductions in employee compensation; amending s.
 1447         218.12, F.S.; requiring that the value of assessments
 1448         reduced pursuant to s. 4(d)(8)a. of Art. VII of the
 1449         State Constitution include only the reduction in
 1450         taxable value for homesteads established in the
 1451         preceding year; providing for reversion of statutory
 1452         text of certain provisions; amending s. 253.034, F.S.;
 1453         authorizing the deposit of funds derived from the sale
 1454         of property by the Department of Citrus into the
 1455         Citrus Advertising Trust Fund; providing for the
 1456         expiration of such authorization; reenacting s.
 1457         255.518(1)(b), F.S., relating to the payment of
 1458         obligations during the construction of a facility
 1459         financed by such obligations; providing for reversion
 1460         of statutory text of certain provisions; amending s.
 1461         255.503, F.S.; delaying the expiration of provisions
 1462         relating to the Florida Facilities Pool; amending s.
 1463         373.59, F.S.; providing for the allocation of moneys
 1464         from the Water Management Lands Trust Fund for certain
 1465         purposes; providing an expiration date; amending s.
 1466         376.3071, F.S.; delaying the repeal of provisions
 1467         relating to funding from the Inland Protection Trust
 1468         Fund for site restoration; amending s. 403.1651, F.S.;
 1469         providing that funds from the Ecosystem Management and
 1470         Restoration Trust Fund be used for the purpose of
 1471         funding activities to preserve and repair the state’s
 1472         beaches; providing for reversion of statutory text of
 1473         certain provisions; amending s. 570.20, F.S.; delaying
 1474         the expiration of provisions authorizing the
 1475         Department of Agriculture and Consumer Services to use
 1476         funds from the General Inspection Trust Fund for
 1477         certain programs; amending s. 403.7095, F.S.;
 1478         requiring that the Department of Environmental
 1479         Protection award a specified amount in grants equally
 1480         to certain counties for waste tire and litter
 1481         prevention, recycling education, and general solid
 1482         waste programs; providing for future expiration;
 1483         authorizing the Department of Agriculture and Consumer
 1484         Services to extend, revise, and renew current
 1485         contracts or agreements created or entered into for
 1486         the purpose of promotion agriculture; providing for
 1487         future expiration; prohibiting any state agency from
 1488         adopting or implementing a rule or policy mandating or
 1489         establishing new nitrogen-reduction limits under
 1490         certain circumstances; providing for the future repeal
 1491         of such prohibition; amending s. 288.1254, F.S.;
 1492         revising provisions relating to the entertainment
 1493         industry financial incentive program; increasing the
 1494         amount of incentive funding to be appropriated in any
 1495         state fiscal year for the independent Florida
 1496         filmmaker queue and the digital media projects queue;
 1497         providing that funding from such queue be made
 1498         available to a qualified project in the digital media
 1499         projects queue under certain circumstances; amending
 1500         s. 288.95155, F.S.; revising provisions relating to
 1501         the Florida Small Business Technology Growth Program;
 1502         requiring that Enterprise Florida, Inc., advance a
 1503         specified amount from the small business technology
 1504         growth account within the Florida Technology Research
 1505         Investment Fund to the Institute for Commercialization
 1506         of Public Research; providing for future expiration;
 1507         providing for reversion of statutory text of certain
 1508         provisions; amending s. 339.08, F.S.; delaying the
 1509         expiration of provisions relating to the use of moneys
 1510         in the State Transportation Trust Fund for certain
 1511         administrative expenses; authorizing the Department of
 1512         Transportation to use moneys from the State
 1513         Transportation Trust Fund to pay for county and school
 1514         district transportation infrastructure improvements;
 1515         authorizing the transfer of funds from the State
 1516         Transportation Trust Fund to the General Revenue Fund
 1517         under certain circumstances; providing for future
 1518         expiration of such authorization; amending s. 445.009,
 1519         F.S.; providing that a participant in an adult or
 1520         youth work experience activity under ch. 445, F.S., is
 1521         an employee of the state for purposes of workers’
 1522         compensation coverage; providing for future
 1523         expiration; amending s. 332.007, F.S.; authorizing the
 1524         Department of Transportation to fund operational and
 1525         maintenance assistance security projects at publicly
 1526         owned public-use airports; providing for the future
 1527         expiration of such authority and the reversion of
 1528         statutory text; creating the Florida Homebuyer
 1529         Opportunity Program within the Florida Housing Finance
 1530         Corporation; providing legislative intent; defining
 1531         the term “anticipated federal assistance”; providing
 1532         duties for the corporation to implement and administer
 1533         the program; providing certain requirements for the
 1534         program; requiring that the administration of the
 1535         program be consistent with certain Federal Housing
 1536         Administration requirements; requiring that the
 1537         corporation negotiate with private lenders to borrow
 1538         additional funds to support the program; providing for
 1539         future expiration of the program; providing that the
 1540         annual salary of the members of the Legislature be
 1541         reduced by 7 percent; providing for future expiration;
 1542         amending s. 110.123, F.S.; providing for the state’s
 1543         monthly contribution for employees under the state
 1544         group insurance program; amending s. 112.24, F.S.;
 1545         providing conditions on the assignment of an employee
 1546         of a state agency without reimbursement from the
 1547         receiving agency; requiring that each agency develop a
 1548         wireless device assignment plan limiting the use of
 1549         cellular telephones, personal digital assistants, and
 1550         other devices; requiring that each agency review such
 1551         use and submit a report to the Legislature by a
 1552         specified date; providing that the report contain
 1553         certain information; providing for future expiration
 1554         of such provisions; reenacting s. 215.32(2)(b), F.S.,
 1555         relating to the transfer of moneys from trust funds to
 1556         the General Revenue Fund; reenacting s.
 1557         215.5601(4)(b), F.S., relating to the administration
 1558         of the Lawton Chiles Endowment Fund; amending s.
 1559         377.6015, F.S.; revising provisions relating to
 1560         initial appointments to the Florida Energy and Climate
 1561         Commission; providing for retroactive application;
 1562         repealing s. 49, chapter 2008-153, Laws of Florida;
 1563         abrogating the future repeal of an amendment made by
 1564         that chapter to s. 215.5601(4), F.S., and abrogating
 1565         the revision of the text of that subsection to that in
 1566         existence on June 30, 2009, with specified exceptions;
 1567         providing a statement of public interest with respect
 1568         to the issuance of new debt to address a critical
 1569         state emergency; limiting the use of state funds for
 1570         travel by state employees to activities that are
 1571         critical to each state agency’s mission; requiring
 1572         that each agency head approve such travel in writing;
 1573         providing exceptions; providing for future expiration;
 1574         providing for the effect of a veto of one or more
 1575         specific appropriations or proviso to which
 1576         implementing language refers; providing for other acts
 1577         passed during the 2009 Regular Session which contain
 1578         provisions that are substantively the same as the
 1579         provisions of this act to take precedence under
 1580         certain circumstances; providing for severability;
 1581         providing effective dates.