| 1 | A bill to be entitled |
| 2 | An act relating to implementing the 2009-2010 General |
| 3 | Appropriations Act; providing legislative intent; amending |
| 4 | ss. 1009.534, 1009.535, and 1009.536, F.S.; providing that |
| 5 | Florida Academic Scholars, Florida Medallion Scholars, and |
| 6 | Florida Gold Seal Vocational Scholars are eligible for |
| 7 | awards equal to the amount specified in the 2009-2010 |
| 8 | General Appropriations Act; amending s. 215.559, F.S.; |
| 9 | providing for allocation of funds appropriated to the |
| 10 | Hurricane Loss Mitigation Program for specified purposes; |
| 11 | amending s. 339.135, F.S.; providing for use of |
| 12 | transportation revenues; providing for revised funding |
| 13 | levels for Department of Transportation projects; |
| 14 | requiring the Department of Transportation to transfer |
| 15 | funds to the Office of Tourism, Trade, and Economic |
| 16 | Development for the purpose of funding transportation- |
| 17 | related needs of economic development; removing an |
| 18 | obsolete provision; amending s. 337.025, F.S.; authorizing |
| 19 | the Department of Transportation to utilize innovative |
| 20 | contracting methods for projects funded under the American |
| 21 | Recovery Reinvestment Act of 2009; reenacting s. |
| 22 | 215.32(2)(b), F.S., relating to the source and use of |
| 23 | certain trust funds in order to implement the transfer of |
| 24 | moneys to the General Revenue Fund from trust funds in the |
| 25 | 2009-2010 General Appropriations Act; amending s. 216.181, |
| 26 | F.S.; permitting the Legislative Budget Commission to |
| 27 | approve changes appropriated for fixed capital outlay |
| 28 | projects when a state agency request is filed with the |
| 29 | Executive Office of the Governor and funding is derived |
| 30 | from the American Recovery and Reinvestment Act of 2009; |
| 31 | amending s. 339.08, F.S.; authorizing the transfer of |
| 32 | specified moneys from the State Transportation Trust Fund |
| 33 | to the General Revenue Fund; reducing the amount |
| 34 | transferred from certain transportation calculation |
| 35 | requirements; providing for future expiration of various |
| 36 | provisions; providing for the effect of a veto of one or |
| 37 | more specific appropriations or proviso to which |
| 38 | implementing language refers; providing for the continued |
| 39 | operation of certain provisions notwithstanding a future |
| 40 | repeal or expiration provided by this act; providing for |
| 41 | severability; providing an effective date. |
| 42 |
|
| 43 | Be It Enacted by the Legislature of the State of Florida: |
| 44 |
|
| 45 | Section 1. It is the intent of the Legislature that the |
| 46 | implementing and administering provisions of this act apply to |
| 47 | the General Appropriations Act for the 2009-2010 fiscal year. |
| 48 | Section 2. In order to implement Specific Appropriation 3 |
| 49 | of the 2009-2010 General Appropriations Act, subsection (5) is |
| 50 | added to section 1009.534, Florida Statutes, to read: |
| 51 | 1009.534 Florida Academic Scholars award.-- |
| 52 | (5) Notwithstanding subsections (2) and (4), a Florida |
| 53 | Academic Scholar is eligible for an award equal to the amount |
| 54 | specified in the General Appropriations Act for the 2009-2010 |
| 55 | academic year. This subsection expires July 1, 2010. |
| 56 | Section 3. In order to implement Specific Appropriation 3 |
| 57 | of the 2009-2010 General Appropriations Act, subsection (4) is |
| 58 | added to section 1009.535, Florida Statutes, to read: |
| 59 | 1009.535 Florida Medallion Scholars award.-- |
| 60 | (4) Notwithstanding subsection (2), a Florida Medallion |
| 61 | Scholar is eligible for an award equal to the amount specified |
| 62 | in the General Appropriations Act for the 2009-2010 academic |
| 63 | year. This subsection expires July 1, 2010. |
| 64 | Section 4. In order to implement Specific Appropriation 3 |
| 65 | of the 2009-2010 General Appropriations Act, subsection (5) is |
| 66 | added to section 1009.536, Florida Statutes, to read: |
| 67 | 1009.536 Florida Gold Seal Vocational Scholars award.--The |
| 68 | Florida Gold Seal Vocational Scholars award is created within |
| 69 | the Florida Bright Futures Scholarship Program to recognize and |
| 70 | reward academic achievement and career preparation by high |
| 71 | school students who wish to continue their education. |
| 72 | (5) Notwithstanding subsection (2), a Florida Gold Seal |
| 73 | Vocational Scholar is eligible for an award equal to the amount |
| 74 | specified in the General Appropriations Act for the 2009-2010 |
| 75 | academic year. This subsection expires July 1, 2010. |
| 76 | Section 5. In order to implement Specific Appropriation |
| 77 | 1541 of the 2009-2010 General Appropriations Act, subsection (8) |
| 78 | of section 215.559, Florida Statutes, is amended, and a new |
| 79 | subsection (8) is added to that section, to read: |
| 80 | 215.559 Hurricane Loss Mitigation Program.-- |
| 81 | (8)(a) Notwithstanding any other provision of this section |
| 82 | and for the 2009-2010 fiscal year only, the $7 million |
| 83 | appropriation provided for in paragraph (2)(a) shall be |
| 84 | allocated as follows: |
| 85 | 1. The sum of $3.5 million shall be transferred to the |
| 86 | Department of Financial Services for the My Safe Florida Home |
| 87 | Program as provided for in s. 215.5586. |
| 88 | 2. The sum of $3,421,764 shall be used for programs to |
| 89 | improve the wind resistance of residences and mobile homes, |
| 90 | including loans, subsidies, grants, demonstration projects, and |
| 91 | direct assistance; educating persons concerning the Florida |
| 92 | Building Code cooperative programs with local governments and |
| 93 | the Federal Government; and other efforts to prevent or reduce |
| 94 | losses or reduce the cost of rebuilding after a disaster. |
| 95 | 3. The sum of $78,236 shall be allocated for operational |
| 96 | purposes of the department as specified in the 2009-2010 General |
| 97 | Appropriations Act. |
| 98 | (b) This subsection expires July 1, 2010. |
| 99 | (8)(a) Notwithstanding any other provision of this section |
| 100 | and for the 2008-2009 fiscal year only, the $10 million |
| 101 | appropriation provided for in subsection (1) shall be allocated |
| 102 | as follows: |
| 103 | 1. The sum of $2.8 million shall be used to inspect and |
| 104 | improve tie-downs for mobile homes for the same purpose as |
| 105 | specified in paragraph (3)(a). |
| 106 | 2. The sum of $700,000 shall be allocated to the Florida |
| 107 | International University for the same purpose as specified in |
| 108 | subsection (4). |
| 109 | 3. The sum of $6,421,764 shall be used to install |
| 110 | emergency power generators in special-needs hurricane evacuation |
| 111 | shelters as provided in s. 1, ch. 2006-71, Laws of Florida, |
| 112 | except that such funds may not be used for administrative |
| 113 | purposes. |
| 114 | 4. The sum of $78,236 shall be allocated for operational |
| 115 | purposes of the department as specified in the 2008-2009 General |
| 116 | Appropriations Act. |
| 117 | (b) This subsection expires July 1, 2009. |
| 118 | Section 6. In order to implement section 18 of the 2009- |
| 119 | 2010 General Appropriations Act, paragraph (a) of subsection (4) |
| 120 | and subsection (5) of section 339.135, Florida Statutes, are |
| 121 | amended to read: |
| 122 | 339.135 Work program; legislative budget request; |
| 123 | definitions; preparation, adoption, execution, and amendment.-- |
| 124 | (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.-- |
| 125 | (a)1. To assure that no district or county is penalized |
| 126 | for local efforts to improve the State Highway System, the |
| 127 | department shall, for the purpose of developing a tentative work |
| 128 | program, allocate funds for new construction to the districts, |
| 129 | except for the turnpike enterprise, based on equal parts of |
| 130 | population and motor fuel tax collections. Funds for |
| 131 | resurfacing, bridge repair and rehabilitation, bridge fender |
| 132 | system construction or repair, public transit projects except |
| 133 | public transit block grants as provided in s. 341.052, and other |
| 134 | programs with quantitative needs assessments shall be allocated |
| 135 | based on the results of these assessments. The department may |
| 136 | not transfer any funds allocated to a district under this |
| 137 | paragraph to any other district except as provided in subsection |
| 138 | (7). Funds for public transit block grants shall be allocated to |
| 139 | the districts pursuant to s. 341.052. Funds for the intercity |
| 140 | bus program provided for under s. 5311(f) of the federal |
| 141 | nonurbanized area formula program shall be administered and |
| 142 | allocated directly to eligible bus carriers as defined in s. |
| 143 | 341.031(12) at the state level rather than the district. In |
| 144 | order to provide state funding to support the intercity bus |
| 145 | program provided for under provisions of the federal 5311(f) |
| 146 | program, the department shall allocate an amount equal to the |
| 147 | federal share of the 5311(f) program from amounts calculated |
| 148 | pursuant to s. 206.46(3). |
| 149 | 2. Notwithstanding the provisions of subparagraph 1., the |
| 150 | department shall allocate at least 50 percent of any new |
| 151 | discretionary highway capacity funds to the Florida Strategic |
| 152 | Intermodal System created pursuant to s. 339.61. Any remaining |
| 153 | new discretionary highway capacity funds shall be allocated to |
| 154 | the districts for new construction as provided in subparagraph |
| 155 | 1. For the purposes of this subparagraph, the term "new |
| 156 | discretionary highway capacity funds" means any funds available |
| 157 | to the department above the prior year funding level for |
| 158 | capacity improvements, which the department has the discretion |
| 159 | to allocate to highway projects. |
| 160 | 3. Notwithstanding subparagraph 1. and ss. 206.46(3), |
| 161 | 334.044(26), and 339.2819(3), and for the fiscal year 2009-2010 |
| 162 | only, the department shall reduce work program levels to balance |
| 163 | the finance plan to the revised funding levels resulting from |
| 164 | any reduction in the 2009-2010 General Appropriations Act. This |
| 165 | subparagraph expires July 1, 2010. |
| 166 | 4. For the fiscal year 2009-2010 only, prior to any |
| 167 | project or phase thereof being deferred, the reductions in |
| 168 | subparagraph 3. shall be made to financial projects not |
| 169 | programmed for contract letting as identified with a work |
| 170 | program contract class code 8 and the box code RV, excluding |
| 171 | reserves for public transit project development. These |
| 172 | reductions shall not negatively impact safety, preservation, |
| 173 | maintenance, or project contingency levels as of July 1, 2009. |
| 174 | This subparagraph expires July 1, 2010. |
| 175 | (5)(a) ADOPTION OF THE WORK PROGRAM.-- |
| 176 | (a) The original approved budget for operational and fixed |
| 177 | capital expenditures for the department shall be the Governor's |
| 178 | budget recommendation and the first year of the tentative work |
| 179 | program, as both are amended by the General Appropriations Act |
| 180 | and any other act containing appropriations. In accordance with |
| 181 | the appropriations act, the department shall, prior to the |
| 182 | beginning of the fiscal year, adopt a final work program which |
| 183 | shall only include the original approved budget for the |
| 184 | department for the ensuing fiscal year together with any roll |
| 185 | forwards approved pursuant to paragraph (6)(c) and the portion |
| 186 | of the tentative work program for the following 4 fiscal years |
| 187 | revised in accordance with the original approved budget for the |
| 188 | department for the ensuing fiscal year together with said roll |
| 189 | forwards. The adopted work program may include only those |
| 190 | projects submitted as part of the tentative work program |
| 191 | developed under the provisions of subsection (4) plus any |
| 192 | projects which are separately identified by specific |
| 193 | appropriation in the General Appropriations Act and any roll |
| 194 | forwards approved pursuant to paragraph (6)(c). However, any |
| 195 | transportation project of the department which is identified by |
| 196 | specific appropriation in the General Appropriations Act shall |
| 197 | be deducted from the funds annually distributed to the |
| 198 | respective district pursuant to paragraph (4)(a). In addition, |
| 199 | the department shall not in any year include any project or |
| 200 | allocate funds to a program in the adopted work program that is |
| 201 | contrary to existing law for that particular year. Projects |
| 202 | shall not be undertaken unless they are listed in the adopted |
| 203 | work program. |
| 204 | (b) Notwithstanding paragraph (a), and for the 2009-2010 |
| 205 | 2008-2009 fiscal year only, the Department of Transportation |
| 206 | shall transfer funds to the Office of Tourism, Trade, and |
| 207 | Economic Development in an amount equal to $20,300,000 |
| 208 | $36,750,000 for the purpose of funding transportation-related |
| 209 | needs of economic development projects, space and aerospace |
| 210 | infrastructure, and other economic development projects. This |
| 211 | transfer shall not reduce, delete, or defer any existing |
| 212 | projects funded, as of July 1, 2009 2008, in the Department of |
| 213 | Transportation's 5-year work program. This paragraph expires |
| 214 | July 1, 2010 2009. |
| 215 | (c) Notwithstanding paragraph (a) or subparagraph |
| 216 | (4)(a)1., and for the 2008-2009 fiscal year only, the Department |
| 217 | of Transportation shall fund projects in Specific Appropriations |
| 218 | 2063, 2071, 2077, 2079, 2102, 2106, 2109, and 2116 of the 2008- |
| 219 | 2009 General Appropriations Act. Funding for these specific |
| 220 | appropriations shall be from projects or phases thereof within |
| 221 | the department's fiscal year 2008-2009 work program not |
| 222 | programmed for contract letting as identified with a work |
| 223 | program contract class code 8 and the box code RV. This funding |
| 224 | shall not negatively impact safety, preservation, maintenance, |
| 225 | or project contingency levels as of July 1, 2008. This paragraph |
| 226 | expires July 1, 2009. |
| 227 | Section 7. In order to implement Specific Appropriations |
| 228 | 1986 through 2095 of the 2009-2010 General Appropriations Act, |
| 229 | section 337.025, Florida Statutes, is amended to read: |
| 230 | 337.025 Innovative highway projects; department to |
| 231 | establish program.-- |
| 232 | (1) The department is authorized to establish a program |
| 233 | for highway projects demonstrating innovative techniques of |
| 234 | highway construction, maintenance, and finance which have the |
| 235 | intended effect of controlling time and cost increases on |
| 236 | construction projects. Such techniques may include, but are not |
| 237 | limited to, state-of-the-art technology for pavement, safety, |
| 238 | and other aspects of highway construction and maintenance; |
| 239 | innovative bidding and financing techniques; accelerated |
| 240 | construction procedures; and those techniques that have the |
| 241 | potential to reduce project life cycle costs. To the maximum |
| 242 | extent practical, the department must use the existing process |
| 243 | to award and administer construction and maintenance contracts. |
| 244 | When specific innovative techniques are to be used, the |
| 245 | department is not required to adhere to those provisions of law |
| 246 | that would prevent, preclude, or in any way prohibit the |
| 247 | department from using the innovative technique. However, prior |
| 248 | to using an innovative technique that is inconsistent with |
| 249 | another provision of law, the department must document in |
| 250 | writing the need for the exception and identify what benefits |
| 251 | the traveling public and the affected community are anticipated |
| 252 | to receive. The department may enter into no more than $120 |
| 253 | million in contracts annually for the purposes authorized by |
| 254 | this section. However, the annual cap on contracts provided in |
| 255 | this section shall not apply to turnpike enterprise projects nor |
| 256 | shall turnpike enterprise projects be counted toward the |
| 257 | department's annual cap. |
| 258 | (2) For the 2009-2010 fiscal year only, the annual cap |
| 259 | provided in subsection (1) shall not apply to transportation |
| 260 | projects funded by the American Recovery and Reinvestment Act of |
| 261 | 2009. This subsection expires July 1, 2010. |
| 262 | Section 8. In order to implement the transfer of moneys to |
| 263 | the General Revenue Fund from trust funds in the 2009-2010 |
| 264 | General Appropriations Act, paragraph (b) of subsection (2) of |
| 265 | section 215.32, Florida Statutes, is reenacted to read: |
| 266 | 215.32 State funds; segregation.-- |
| 267 | (2) The source and use of each of these funds shall be as |
| 268 | follows: |
| 269 | (b)1. The trust funds shall consist of moneys received by |
| 270 | the state which under law or under trust agreement are |
| 271 | segregated for a purpose authorized by law. The state agency or |
| 272 | branch of state government receiving or collecting such moneys |
| 273 | shall be responsible for their proper expenditure as provided by |
| 274 | law. Upon the request of the state agency or branch of state |
| 275 | government responsible for the administration of the trust fund, |
| 276 | the Chief Financial Officer may establish accounts within the |
| 277 | trust fund at a level considered necessary for proper |
| 278 | accountability. Once an account is established within a trust |
| 279 | fund, the Chief Financial Officer may authorize payment from |
| 280 | that account only upon determining that there is sufficient cash |
| 281 | and releases at the level of the account. |
| 282 | 2. In addition to other trust funds created by law, to the |
| 283 | extent possible, each agency shall use the following trust funds |
| 284 | as described in this subparagraph for day-to-day operations: |
| 285 | a. Operations or operating trust fund, for use as a |
| 286 | depository for funds to be used for program operations funded by |
| 287 | program revenues, with the exception of administrative |
| 288 | activities when the operations or operating trust fund is a |
| 289 | proprietary fund. |
| 290 | b. Operations and maintenance trust fund, for use as a |
| 291 | depository for client services funded by third-party payors. |
| 292 | c. Administrative trust fund, for use as a depository for |
| 293 | funds to be used for management activities that are departmental |
| 294 | in nature and funded by indirect cost earnings and assessments |
| 295 | against trust funds. Proprietary funds are excluded from the |
| 296 | requirement of using an administrative trust fund. |
| 297 | d. Grants and donations trust fund, for use as a |
| 298 | depository for funds to be used for allowable grant or donor |
| 299 | agreement activities funded by restricted contractual revenue |
| 300 | from private and public nonfederal sources. |
| 301 | e. Agency working capital trust fund, for use as a |
| 302 | depository for funds to be used pursuant to s. 216.272. |
| 303 | f. Clearing funds trust fund, for use as a depository for |
| 304 | funds to account for collections pending distribution to lawful |
| 305 | recipients. |
| 306 | g. Federal grant trust fund, for use as a depository for |
| 307 | funds to be used for allowable grant activities funded by |
| 308 | restricted program revenues from federal sources. |
| 309 |
|
| 310 | To the extent possible, each agency must adjust its internal |
| 311 | accounting to use existing trust funds consistent with the |
| 312 | requirements of this subparagraph. If an agency does not have |
| 313 | trust funds listed in this subparagraph and cannot make such |
| 314 | adjustment, the agency must recommend the creation of the |
| 315 | necessary trust funds to the Legislature no later than the next |
| 316 | scheduled review of the agency's trust funds pursuant to s. |
| 317 | 215.3206. |
| 318 | 3. All such moneys are hereby appropriated to be expended |
| 319 | in accordance with the law or trust agreement under which they |
| 320 | were received, subject always to the provisions of chapter 216 |
| 321 | relating to the appropriation of funds and to the applicable |
| 322 | laws relating to the deposit or expenditure of moneys in the |
| 323 | State Treasury. |
| 324 | 4.a. Notwithstanding any provision of law restricting the |
| 325 | use of trust funds to specific purposes, unappropriated cash |
| 326 | balances from selected trust funds may be authorized by the |
| 327 | Legislature for transfer to the Budget Stabilization Fund and |
| 328 | General Revenue Fund in the General Appropriations Act. |
| 329 | b. This subparagraph does not apply to trust funds |
| 330 | required by federal programs or mandates; trust funds |
| 331 | established for bond covenants, indentures, or resolutions whose |
| 332 | revenues are legally pledged by the state or public body to meet |
| 333 | debt service or other financial requirements of any debt |
| 334 | obligations of the state or any public body; the State |
| 335 | Transportation Trust Fund; the trust fund containing the net |
| 336 | annual proceeds from the Florida Education Lotteries; the |
| 337 | Florida Retirement System Trust Fund; trust funds under the |
| 338 | management of the State Board of Education or the Board of |
| 339 | Governors of the State University System, where such trust funds |
| 340 | are for auxiliary enterprises, self-insurance, and contracts, |
| 341 | grants, and donations, as those terms are defined by general |
| 342 | law; trust funds that serve as clearing funds or accounts for |
| 343 | the Chief Financial Officer or state agencies; trust funds that |
| 344 | account for assets held by the state in a trustee capacity as an |
| 345 | agent or fiduciary for individuals, private organizations, or |
| 346 | other governmental units; and other trust funds authorized by |
| 347 | the State Constitution. |
| 348 | Section 9. Paragraph (d) is added to subsection (11) of |
| 349 | section 216.181, Florida Statutes, to read: |
| 350 | 216.181 Approved budgets for operations and fixed capital |
| 351 | outlay.-- |
| 352 | (11) |
| 353 | (d) For the fiscal year 2009-2010 only, changes in the |
| 354 | amounts appropriated for fixed capital outlay projects may be |
| 355 | approved by the Legislative Budget Commission pursuant to the |
| 356 | request of a state agency filed with the Executive Office of the |
| 357 | Governor if the project's funding is derived from the American |
| 358 | Recovery and Reinvestment Act of 2009. This paragraph expires |
| 359 | July 1, 2010. |
| 360 |
|
| 361 | The provisions of this subsection are subject to the notice and |
| 362 | objection procedures set forth in s. 216.177. |
| 363 | Section 10. In order to implement section 18 of the 2009- |
| 364 | 2010 General Appropriations Act, subsection (4) is added to |
| 365 | section 339.08, Florida Statutes, to read: |
| 366 | 339.08 Use of moneys in State Transportation Trust Fund.-- |
| 367 | (4) For the 2009-2010 fiscal year only and notwithstanding |
| 368 | the provisions of this section and ss. 339.09(1) and |
| 369 | 215.32(2)(b)4., funds may be transferred from the State |
| 370 | Transportation Trust Fund to the General Revenue Fund as |
| 371 | specified in the General Appropriations Act. Notwithstanding ss. |
| 372 | 206.46(3) and 206.606(2), the total amount transferred shall be |
| 373 | reduced from total state revenues deposited into the State |
| 374 | Transportation Trust Fund for the calculation requirements of |
| 375 | ss. 206.46(3) and 206.606(2). This subsection expires July 1, |
| 376 | 2010. |
| 377 | Section 11. A section of this act that implements a |
| 378 | specific appropriation or specifically identified proviso |
| 379 | language in the 2009-2010 General Appropriations Act is void if |
| 380 | the specific appropriation or specifically identified proviso |
| 381 | language is vetoed. A section of this act that implements more |
| 382 | than one specific appropriation or more than one portion of |
| 383 | specifically identified proviso language in the 2009-2010 |
| 384 | General Appropriations Act is void if all the specific |
| 385 | appropriations or portions of specifically identified proviso |
| 386 | language are vetoed. |
| 387 | Section 12. If any other act passed in 2009 contains a |
| 388 | provision that is substantively the same as a provision in this |
| 389 | act, but that removes or is otherwise not subject to the future |
| 390 | repeal applied to such provision by this act, the Legislature |
| 391 | intends that the provision in the other act shall take |
| 392 | precedence and shall continue to operate, notwithstanding the |
| 393 | future repeal provided by this act. |
| 394 | Section 13. If any provision of this act or its |
| 395 | application to any person or circumstance is held invalid, the |
| 396 | invalidity does not affect other provisions or applications of |
| 397 | the act which can be given effect without the invalid provision |
| 398 | or application, and to this end the provisions of this act are |
| 399 | severable. |
| 400 | Section 14. This act shall take effect July 1, 2009. |