SB 2002                                          First Engrossed
       
       
       
       
       
       
       
       
       20122002e1
       
    1                        A bill to be entitled                      
    2         An act implementing the 2012-2013 General
    3         Appropriations Act; providing legislative intent;
    4         incorporating by reference certain calculations of the
    5         Florida Education Finance Program for the 2012-2013
    6         fiscal year; amending s. 216.292, F.S.; authorizing
    7         the transfer of funds between appropriation categories
    8         to fund fixed capital outlay projects for public
    9         schools upon certain approval; authorizing a
   10         university board of trustees to expend reserve or
   11         carry-forward balances for the establishment of a new
   12         campus; providing requirements relating to completing
   13         phase 2 and phase 3 of the Department of Health’s
   14         Florida Onsite Sewage Nitrogen Reduction Strategies
   15         Study; incorporating by reference certain calculations
   16         of the Medicaid Low-Income Pool, Disproportionate
   17         Share Hospital, and Hospital Exemptions Programs;
   18         amending s. 20.04, F.S.; providing for organizational
   19         units called “circuits” and “regions” in the
   20         Department of Children and Family Services; providing
   21         for the future expiration of certain amendments to
   22         such provision and for the reversion of statutory
   23         text; specifying how funds appropriated to the
   24         Department of Children and Family Services for adult
   25         community mental health and adult substance abuse
   26         services are spent; amending s. 409.912, F.S.;
   27         authorizing the Agency for Health Care Administration
   28         to provide a Medicaid prepaid dental health program in
   29         Miami-Dade County; authorizing the agency to seek
   30         revisions or amendments to the state plan or federal
   31         waivers in order to implement the program; requiring
   32         that the agency terminate existing contracts as
   33         necessary to implement the program; requiring certain
   34         budget amendments recommending the release of funds
   35         for the FAMU Crestview Education Center project to
   36         provide more notice and be subject to certain
   37         objection procedures; authorizing the Department of
   38         Corrections and the Department of Juvenile Justice to
   39         make certain expenditures to defray costs incurred by
   40         a municipality or county for opening or operating a
   41         facility under the authority of the respective entity;
   42         amending s. 216.262, F.S.; providing for additional
   43         positions to operate additional prison bed capacity
   44         under certain circumstances; authorizing the
   45         Department of Legal Affairs to transfer certain funds
   46         to pay salaries and benefits and to continue to expend
   47         appropriated funds as directed in prior appropriations
   48         acts; amending s. 932.7055, F.S.; authorizing a
   49         municipality to expend funds from its special law
   50         enforcement trust fund to reimburse the municipality’s
   51         general fund; requiring that the Department of
   52         Juvenile Justice comply with specified reimbursement
   53         limitations with respect to payments to hospitals or
   54         health care providers for health care services;
   55         authorizing certain payments pursuant to a contracted
   56         rate only until the contract expires or is renewed;
   57         defining the term “hospital” for purposes of such
   58         limitations; amending s. 215.18, F.S.; providing for
   59         trust fund loans to the state court system sufficient
   60         to meet its appropriation; providing that any funds
   61         remaining in the Clerks of the Courts Trust Fund
   62         remain available to the clerks; incorporating certain
   63         documents by reference which display the calculations
   64         used to make the appropriations for the clerks of the
   65         court and the state trial courts; amending s. 29.008,
   66         F.S.; providing counties with an exemption from the
   67         requirement to annually increase certain expenditures
   68         by a specified percentage; requiring the Department of
   69         Management Services to use certain interest earnings
   70         to fund the administration of the MyFlorida.com
   71         portal; amending s. 375.041, F.S.; providing for the
   72         transfer of moneys from the Land Acquisition Trust
   73         Fund to support the Total Maximum Daily Loads
   74         programs; amending s. 373.59, F.S.; providing for the
   75         allocation of moneys from the Water Management Lands
   76         Trust Fund for certain purposes; reenacting s.
   77         403.1651(1)(g), F.S., relating to the use of funds
   78         from the Ecosystem Management and Restoration Trust
   79         Fund for the purpose of funding activities to preserve
   80         and repair the state’s beaches; providing for the
   81         future expiration of certain amendments to such
   82         provision and for the reversion of statutory text;
   83         amending s. 403.7095, F.S.; requiring that the
   84         Department of Environmental Protection award a
   85         specified amount in grants to certain counties for
   86         solid waste programs; authorizing the Department of
   87         Agriculture and Consumer Services to extend, revise,
   88         and renew current contracts or agreements created or
   89         entered into for the purpose of promotion of
   90         agriculture; amending s. 379.209, F.S.; authorizing
   91         the Fish and Wildlife Conservation Commission to
   92         transfer funds from the Nongame Wildlife Trust Fund to
   93         the Grants and Donations Trust Fund to support cash
   94         flow needs; authorizing the commission to transfer
   95         hunting and fishing license revenue to repay a loan;
   96         authorizing the Executive Office of the Governor to
   97         transfer appropriations between the Fish and Wildlife
   98         Conservation Commission in order to implement projects
   99         relating to the restoration of Lake Apopka; amending
  100         s. 373.4145, F.S.; directing the Northwest Florida
  101         Water Management District to use certain funds to fund
  102         the environmental resource permitting program if
  103         certain other funds have been expended; amending s.
  104         445.009, F.S.; providing that a participant in an
  105         adult or youth work experience activity under ch. 445,
  106         F.S., is an employee of the state for purposes of
  107         workers’ compensation coverage; reenacting s.
  108         163.3247(3)(d), F.S., relating to members of the
  109         Century Commission for a Sustainable Florida serving
  110         without compensation; providing for the future
  111         expiration of certain amendments to such provision and
  112         for the reversion of statutory text; reenacting s.
  113         201.15(1)(c), F.S., relating to funds deposited into
  114         the Grants and Donations Trust Fund in the Department
  115         of Economic Opportunity which are used to fund
  116         technical assistance to local governments and school
  117         boards; providing for the future expiration of certain
  118         amendments to such provision and for the reversion of
  119         statutory text; amending chapter 2011-142, Laws of
  120         Florida; extending the date the Commission on Oil
  121         Spill Response Coordination must submit a report
  122         relating to offshore oil drilling and damage claims;
  123         authorizing the Executive Office of the Governor to
  124         transfer funds between departments for purposes of
  125         aligning amounts paid for risk management premiums;
  126         authorizing the Department of Transportation to
  127         reallocate FTE reductions; authorizing the Executive
  128         Office of the Governor to transfer funds between
  129         departments for purposes of aligning amounts paid for
  130         human resource management services; amending s.
  131         110.123, F.S., relating to the state group insurance
  132         program; providing the state’s monthly contribution
  133         for individual coverage; providing that the state
  134         contribution toward the cost of a plan is the
  135         difference between the overall premium and the
  136         employee contribution; amending s. 112.24, F.S.;
  137         providing conditions relating to the assignment of an
  138         employee of a state agency without reimbursement from
  139         the receiving agency; providing that the annual salary
  140         of the members of the Legislature be maintained at a
  141         specified level; reenacting s. 215.5601(4)(b), F.S.,
  142         relating to the administration of the Lawton Chiles
  143         Endowment Fund; providing for the future expiration of
  144         certain amendments to such provision and for the
  145         reversion of statutory text; providing a legislative
  146         finding that the issuance of new debt is in the best
  147         interests of the state and necessary to address a
  148         critical state emergency; limiting the use of travel
  149         funds to activities that are critical to an agency’s
  150         mission; providing exceptions; authorizing agencies
  151         scheduled for data center consolidation to accelerate
  152         such consolidation; authorizing the establishment of
  153         data center positions in exchange for agency positions
  154         placed in reserve; authorizing the Executive Office of
  155         the Governor to transfer funds in appropriation
  156         categories used to pay for e-mail in order to align
  157         the budget authority of agencies; reenacting s.
  158         110.12315(7)(a), F.S., relating to copayments for the
  159         state employees’ prescription drug program; providing
  160         for the future expiration of certain amendments to
  161         such provision and for the reversion of statutory
  162         text; requiring the Agency for Health Care
  163         Administration to reprocure the Florida Discount Drug
  164         Card Program; providing requirements for the program;
  165         providing that revenues derived from the contract be
  166         deposited into the agency’s Grants and Donations Trust
  167         Fund; amending s. 946.515, F.S.; requiring each state
  168         agency to submit a report to the Legislature listing
  169         products or services obtained from sources other than
  170         the prison industries corporation; prohibiting certain
  171         state agencies from leasing space at the Koger
  172         Executive Center in Tallahassee after a certain date
  173         and from expending certain funds for the lease of such
  174         space; requiring all state agencies to vacate space at
  175         the Koger Center after a certain date; providing for
  176         the effect of a veto of one or more specific
  177         appropriations or proviso to which implementing
  178         language refers; providing for reversion of statutory
  179         text of certain provisions; providing for the
  180         continued operation of certain provisions
  181         notwithstanding a future repeal or expiration provided
  182         by the act; providing for severability; providing
  183         effective dates.
  184  
  185  Be It Enacted by the Legislature of the State of Florida:
  186  
  187         Section 1. It is the intent of the Legislature that the
  188  implementing and administering provisions of this act apply to
  189  the General Appropriations Act for the 2012-2013 fiscal year.
  190         Section 2. In order to implement Specific Appropriations 6,
  191  7, 8, 84, and 85 of the 2012-2013 General Appropriations Act,
  192  the calculations of the Florida Education Finance Program for
  193  the 2012-2013 fiscal year in the document entitled “Public
  194  School Funding-The Florida Education Finance Program,” dated
  195  February 20, 2012, and filed with the Secretary of the Senate,
  196  are incorporated by reference for the purpose of displaying the
  197  calculations used by the Legislature, consistent with the
  198  requirements of the Florida Statutes, in making appropriations
  199  for the Florida Education Finance Program.
  200         Section 3. In order to implement Specific Appropriations 16
  201  and 16A of the 2012-2013 General Appropriations Act, paragraph
  202  (c) of subsection (3) of section 216.292, Florida Statutes, is
  203  amended to read:
  204         216.292 Appropriations nontransferable; exceptions.—
  205         (3) The following transfers are authorized with the
  206  approval of the Executive Office of the Governor for the
  207  executive branch or the Chief Justice for the judicial branch,
  208  subject to the notice and objection provisions of s. 216.177:
  209         (c) The transfer of appropriations for fixed capital outlay
  210  from the Survey Recommended Needs-Public Schools appropriation
  211  category to the Maintenance, Repair, Renovation and Remodeling
  212  appropriation category. The allocation of transferred funds must
  213  be in accordance with s. 1013.62. This paragraph expires July 1,
  214  2013 2012.
  215         Section 4. In order to implement Specific Appropriation 129
  216  of the 2012-2013 General Appropriations Act and notwithstanding
  217  any other law, for the 2012-2013 fiscal year only, a university
  218  board of trustees may expend reserve or carry-forward balances
  219  from prior year operational and programmatic appropriations for
  220  legislatively approved fixed capital outlay projects authorized
  221  for the establishment of a new campus.
  222         Section 5. In order to implement Specific Appropriation 512
  223  of the 2012-2013 General Appropriations Act, and for the 2012
  224  2013 fiscal year only, the following requirements govern the
  225  completion of Phase 2 and Phase 3 of the Department of Health’s
  226  Florida Onsite Sewage Nitrogen Reduction Strategies Study:
  227         (1) The Department of Health’s underlying contract for the
  228  study remains in full force and effect and funding for
  229  completion of Phase 2 and Phase 3 is through the Department of
  230  Health.
  231         (2) The Department of Health, the Department of Health’s
  232  Research Review and Advisory Committee, and the Department of
  233  Environmental Protection shall work together to provide the
  234  necessary technical oversight for completing Phase 2 and Phase 3
  235  of the project.
  236         (3) Management and oversight for completing Phase 2 and
  237  Phase 3 must be consistent with the terms of the existing
  238  contract. However, the main focus and priority to be completed
  239  during Phase 3 is developing, testing, and recommending cost
  240  effective passive technology design criteria for nitrogen
  241  reduction.
  242         (4) The systems installed at homesites are experimental in
  243  nature and shall be installed with significant field testing and
  244  monitoring. The Department of Health is specifically authorized
  245  to allow installation of these experimental systems.
  246  Notwithstanding any other law, before Phase 3 of the study is
  247  completed, a state agency may not adopt or implement a rule or
  248  policy that:
  249         (a) Mandates, establishes, or implements more restrictive
  250  nitrogen-reduction standards to existing or new onsite sewage
  251  treatment systems or modification of such systems; or
  252         (b) Directly or indirectly requires the use of performance
  253  based treatment systems or similar technology, such as through
  254  an administrative order developed by the Department of
  255  Environmental Protection as part of a basin management action
  256  plan adopted pursuant to s. 403.067, Florida Statutes. However,
  257  the implementation of more restrictive nitrogen-reduction
  258  standards for onsite systems may be required through a basin
  259  management action plan if such plan is phased in after
  260  completion of Phase 3.
  261         Section 6. In order to implement Specific Appropriations
  262  187, 189, 193 through 195, and 198 of the 2012-2013 General
  263  Appropriations Act, the calculations of the Medicaid Low-Income
  264  Pool, Disproportionate Share Hospital, and Hospital Exemptions
  265  Programs for the 2012-2013 fiscal year in the document entitled
  266  “Medicaid Supplemental Hospital Funding Programs” dated February
  267  10, 2012, and filed with the Secretary of the Senate, are
  268  incorporated by reference for the purpose of displaying the
  269  calculations used by the Legislature, consistent with the
  270  requirements of the Florida Statutes, in making appropriations
  271  for the Low-Income Pool, Disproportionate Share Hospital, and
  272  Hospital Exemptions Programs.
  273         Section 7. In order to implement Specific Appropriations
  274  283 through 390 of the 2012-2013 General Appropriations Act,
  275  subsection (4) of section 20.04, Florida Statutes, is amended to
  276  read:
  277         20.04 Structure of executive branch.—The executive branch
  278  of state government is structured as follows:
  279         (4) Within the Department of Children and Family Services
  280  there are organizational units called “circuits” and “regions.”
  281  “program offices,” headed by program directors. Each circuit is
  282  aligned geographically with each of the state’s judicial
  283  circuits, and each region is comprised of multiple circuits, and
  284  each region is comprised of multiple circuits that are in
  285  geographical proximity to each other.
  286         Section 8. The amendment to s. 20.04(4), Florida Statutes,
  287  shall expire July 1, 2013, and the text of that subsection shall
  288  revert to that in existence on June 30, 2012, except that any
  289  amendments to such text enacted other than by this act shall be
  290  preserved and continue to operate to the extent that such
  291  amendments are not dependent upon the portions of text which
  292  expire pursuant to this section.
  293         Section 9. In order to implement Specific Appropriations
  294  337 through 371 of the 2012-2013 General Appropriations Act,
  295  funds appropriated to the Department of Children and Family
  296  Services for:
  297         (1) Adult community mental health must first be used to
  298  fund crisis stabilization services and forensic mental health
  299  treatment services. The remaining funds shall be allocated by
  300  region and awarded to providers as ranked by the department as
  301  having achieved the highest performance.
  302         (2) Adult substance abuse services must first be used to
  303  fund detoxification services. The remaining funds shall be
  304  allocated by region and awarded to providers as ranked by the
  305  department as having achieved the highest performance.
  306         (3) This section expires July 1, 2013.
  307         Section 10. In order to implement Specific Appropriation
  308  208 of the 2012-2013 General Appropriations Act, subsection (41)
  309  of section 409.912, Florida Statutes, is amended to read:
  310         409.912 Cost-effective purchasing of health care.—The
  311  agency shall purchase goods and services for Medicaid recipients
  312  in the most cost-effective manner consistent with the delivery
  313  of quality medical care. To ensure that medical services are
  314  effectively utilized, the agency may, in any case, require a
  315  confirmation or second physician’s opinion of the correct
  316  diagnosis for purposes of authorizing future services under the
  317  Medicaid program. This section does not restrict access to
  318  emergency services or poststabilization care services as defined
  319  in 42 C.F.R. part 438.114. Such confirmation or second opinion
  320  shall be rendered in a manner approved by the agency. The agency
  321  shall maximize the use of prepaid per capita and prepaid
  322  aggregate fixed-sum basis services when appropriate and other
  323  alternative service delivery and reimbursement methodologies,
  324  including competitive bidding pursuant to s. 287.057, designed
  325  to facilitate the cost-effective purchase of a case-managed
  326  continuum of care. The agency shall also require providers to
  327  minimize the exposure of recipients to the need for acute
  328  inpatient, custodial, and other institutional care and the
  329  inappropriate or unnecessary use of high-cost services. The
  330  agency shall contract with a vendor to monitor and evaluate the
  331  clinical practice patterns of providers in order to identify
  332  trends that are outside the normal practice patterns of a
  333  provider’s professional peers or the national guidelines of a
  334  provider’s professional association. The vendor must be able to
  335  provide information and counseling to a provider whose practice
  336  patterns are outside the norms, in consultation with the agency,
  337  to improve patient care and reduce inappropriate utilization.
  338  The agency may mandate prior authorization, drug therapy
  339  management, or disease management participation for certain
  340  populations of Medicaid beneficiaries, certain drug classes, or
  341  particular drugs to prevent fraud, abuse, overuse, and possible
  342  dangerous drug interactions. The Pharmaceutical and Therapeutics
  343  Committee shall make recommendations to the agency on drugs for
  344  which prior authorization is required. The agency shall inform
  345  the Pharmaceutical and Therapeutics Committee of its decisions
  346  regarding drugs subject to prior authorization. The agency is
  347  authorized to limit the entities it contracts with or enrolls as
  348  Medicaid providers by developing a provider network through
  349  provider credentialing. The agency may competitively bid single
  350  source-provider contracts if procurement of goods or services
  351  results in demonstrated cost savings to the state without
  352  limiting access to care. The agency may limit its network based
  353  on the assessment of beneficiary access to care, provider
  354  availability, provider quality standards, time and distance
  355  standards for access to care, the cultural competence of the
  356  provider network, demographic characteristics of Medicaid
  357  beneficiaries, practice and provider-to-beneficiary standards,
  358  appointment wait times, beneficiary use of services, provider
  359  turnover, provider profiling, provider licensure history,
  360  previous program integrity investigations and findings, peer
  361  review, provider Medicaid policy and billing compliance records,
  362  clinical and medical record audits, and other factors. Providers
  363  are not entitled to enrollment in the Medicaid provider network.
  364  The agency shall determine instances in which allowing Medicaid
  365  beneficiaries to purchase durable medical equipment and other
  366  goods is less expensive to the Medicaid program than long-term
  367  rental of the equipment or goods. The agency may establish rules
  368  to facilitate purchases in lieu of long-term rentals in order to
  369  protect against fraud and abuse in the Medicaid program as
  370  defined in s. 409.913. The agency may seek federal waivers
  371  necessary to administer these policies.
  372         (41)(a) The agency shall contract on a prepaid or fixed-sum
  373  basis with appropriately licensed prepaid dental health plans to
  374  provide dental services. This subsection expires October 1,
  375  2014.
  376         (b) Notwithstanding paragraph (a) and for the 2012-2013
  377  fiscal year only, the agency is authorized to provide a Medicaid
  378  prepaid dental health program in Miami-Dade County. For all
  379  other counties, the agency may not limit dental services to
  380  prepaid plans and must allow qualified dental providers to
  381  provide dental services under Medicaid on a fee-for-service
  382  reimbursement methodology. The agency may seek any necessary
  383  revisions or amendments to the state plan or federal waivers in
  384  order to implement this paragraph. The agency shall terminate
  385  existing contracts as needed to implement this paragraph. This
  386  paragraph expires July 1, 2013.
  387         Section 11. In order to implement Specific Appropriation
  388  587A of the 2012-2013 General Appropriations Act,
  389  notwithstanding s. 216.177, Florida Statutes, requiring only 3
  390  days’ notice to the Legislature for the release of funds, budget
  391  amendments recommending the release of funds to continue the
  392  Crestview Education Center project at Florida Agricultural and
  393  Mechanical University must be provided at least 14 days before
  394  the effective date of the action and are subject to the
  395  objection procedures in s. 216.177(2)(b), Florida Statutes.
  396         Section 12. In order to fulfill legislative intent
  397  regarding the use of funds contained in Specific Appropriations
  398  661, 673, 686, and 1261 of the 2012-2013 General Appropriations
  399  Act, the Department of Corrections and the Department of
  400  Juvenile Justice may expend appropriated funds to assist in
  401  defraying costs that are incurred by a municipality or county
  402  and are associated with opening or operating a facility under
  403  the authority of the respective department. The amount paid for
  404  a facility may not exceed 1 percent of the cost to construct the
  405  facility, less building impact fees imposed by the municipality
  406  or county. This section expires July 1, 2013.
  407         Section 13. In order to implement Specific Appropriations
  408  625 though 758 and 778 through 815 of the 2012-2013 General
  409  Appropriations Act, subsection (4) of section 216.262, Florida
  410  Statutes, is amended to read:
  411         216.262 Authorized positions.—
  412         (4) Notwithstanding the provisions of this chapter relating
  413  to increasing the number of authorized positions, and for the
  414  2012-2013 2011-2012 fiscal year only, if the actual inmate
  415  population of the Department of Corrections exceeds the inmate
  416  population projections of the December 14, February 21, 2011,
  417  Criminal Justice Estimating Conference by 1 percent for 2
  418  consecutive months or 2 percent for any month, the Executive
  419  Office of the Governor, with the approval of the Legislative
  420  Budget Commission, shall immediately notify the Criminal Justice
  421  Estimating Conference, which shall convene as soon as possible
  422  to revise the estimates. The Department of Corrections may then
  423  submit a budget amendment requesting the establishment of
  424  positions in excess of the number authorized by the Legislature
  425  and additional appropriations from unallocated general revenue
  426  sufficient to provide for essential staff, fixed capital
  427  improvements, and other resources to provide classification,
  428  security, food services, health services, and other variable
  429  expenses within the institutions to accommodate the estimated
  430  increase in the inmate population. All actions taken pursuant to
  431  this subsection are subject to review and approval by the
  432  Legislative Budget Commission. This subsection expires July 1,
  433  2013 2012.
  434         Section 14. In order to implement Specific Appropriations
  435  1327, 1340, 1351, and 1368 of the 2012-2013 General
  436  Appropriations Act, the Department of Legal Affairs may transfer
  437  cash remaining after required disbursements for Attorney General
  438  case numbers 09-CV-51614, 16-2008-CA-01-3142CV-C, and
  439  CACE08022328 from FLAIR account 41-74-2-601001-41100100-00
  440  181076-00 to the Operating Trust Fund to pay salaries and
  441  benefits. This section expires July 1, 2013.
  442         Section 15. In order to implement Specific Appropriations
  443  1333 and 1334 of the 2012-2013 General Appropriations Act, the
  444  Department of Legal Affairs may expend appropriated funds in
  445  those specific appropriations on the same programs that were
  446  funded by the department pursuant to specific appropriations
  447  made in general appropriations acts in prior years. This section
  448  expires July 1, 2013.
  449         Section 16. In order to implement Specific Appropriations
  450  1297B and 1299 of the 2012-2013 General Appropriations Act,
  451  paragraph (d) of subsection (4) of section 932.7055, Florida
  452  Statutes, is amended to read:
  453         932.7055 Disposition of liens and forfeited property.—
  454         (4) The proceeds from the sale of forfeited property shall
  455  be disbursed in the following priority:
  456         (d) Notwithstanding any other provision of this subsection,
  457  and for the 2012-2013 2011-2012 fiscal year only, the funds in a
  458  special law enforcement trust fund established by the governing
  459  body of a municipality may be expended to reimburse the general
  460  fund of the municipality for moneys advanced from the general
  461  fund to the special law enforcement trust fund before October 1,
  462  2001. This paragraph expires July 1, 2013 2012.
  463         Section 17. (1) In order to implement Specific
  464  Appropriations 1187, 1188, 1193, 1194, 1239, 1240, 1244, 1245,
  465  1247, 1251, 1252, 1255, 1256, 1257, and 1267 of the 2012-2013
  466  General Appropriations Act, the Department of Juvenile Justice
  467  must comply with the following reimbursement limitations:
  468         (a) Payments to a hospital or a health care provider may
  469  not exceed 110 percent of the Medicare allowable rate for any
  470  health care services provided if no contract exists between the
  471  department and the hospital or the health care provider
  472  providing services at a hospital;
  473         (b) The department may continue to make payments for health
  474  care services at the currently contracted rates through the
  475  current term of the contract if a contract has been executed
  476  between the department and a hospital or a health care provider
  477  providing services to a hospital; however, payments may not
  478  exceed 110 percent of the Medicare allowable rate after the
  479  current term of the contract expires or after the contract is
  480  renewed during the 2012-2013 fiscal year;
  481         (c) Payments may not exceed 110 percent of the Medicare
  482  allowable rate under a contract executed on or after July 1,
  483  2012, between the department and a hospital or health care
  484  provider providing services at a hospital;
  485         (d) Notwithstanding paragraphs (a), (b), and (c), the
  486  department may pay up to 125 percent of the Medicare allowable
  487  rate for health care services at a hospital that reports or has
  488  reported a negative operating margin for the previous fiscal
  489  year to the Agency for Health Care Administration through
  490  hospital-audited financial data; and
  491         (e) The department may not execute a contract for health
  492  care services at a hospital for rates other than rates based on
  493  a percentage of the Medicare allowable rate.
  494         (2) For purposes of this section, the term “hospital” means
  495  a hospital licensed under chapter 395, Florida Statutes.
  496         (3) This section expires July 1, 2013.
  497         Section 18. In order to implement Section 7 of the 2012
  498  2013 General Appropriations Act, subsection (2) of section
  499  215.18, Florida Statutes, is amended to read:
  500         215.18 Transfers between funds; limitation.—
  501         (2) The Chief Justice of the Supreme Court may receive one
  502  or more trust fund loans of up to $54 million in total, the
  503  purpose of which is to ensure that the state court system has
  504  funds sufficient to meet its appropriations in the 2012-2013
  505  2011-2012 General Appropriations Act. If the Chief Justice
  506  accesses the loan, he or she must notify the Governor and the
  507  chairs of the legislative appropriations committees in writing.
  508  The loan must come from other funds in the State Treasury which
  509  are for the time being or otherwise in excess of the amounts
  510  necessary to meet the just requirements of such last-mentioned
  511  funds. The Governor shall order the transfer of funds within 5
  512  days after the written notification from the Chief Justice. If
  513  the Governor does not order the transfer, the Chief Financial
  514  Officer shall transfer the requested funds. The loan of funds
  515  from which any money is temporarily transferred must be repaid
  516  by the end of the 2012-2013 2011-2012 fiscal year. This
  517  subsection expires July 1, 2013 2012.
  518         Section 19. In order to implement Specific Appropriation
  519  850 of the 2012-2013 General Appropriations Act, and not
  520  withstanding s. 28.2455, Florida Statutes, any funds remaining
  521  in the Clerks of Court Trust Fund may not be transferred to the
  522  General Revenue Fund and remain available to the clerks of court
  523  for expenditures during the 2012-2013 fiscal year. This section
  524  shall take effect upon this act becoming a law and expires July
  525  1, 2013.
  526         Section 20. In order to implement Specific Appropriations
  527  850 and 3215 through 3238 of the 2012-2013 General
  528  Appropriations Act, the calculation of unit costs for the clerks
  529  of court and the state trial courts for the 2011-2012 and 2012
  530  2013 fiscal years are contained in the documents entitled
  531  “Fiscal Year 2011-12 and Fiscal Year 2012-13 Clerks of Court
  532  Unit Cost Budgets” and “Fiscal Year 2011-12 and Fiscal Year
  533  2012-13 Trial Courts Unit Cost Budgets” dated February 10, 2012,
  534  which are filed with the Secretary of the Senate and
  535  incorporated by reference for the purpose of displaying the
  536  calculations used by the Legislature in making appropriations
  537  for the clerks of court and the state trial courts.
  538         Section 21. In order to implement section 7 of the 2012
  539  2013 General Appropriations Act, paragraph (c) of subsection (4)
  540  of section 29.008, Florida Statutes, is amended to read:
  541         29.008 County funding of court-related functions.—
  542         (4)
  543         (c) Counties are exempt from all requirements and
  544  provisions of paragraph (a) for the 2012-2013 2011-2012 fiscal
  545  year. Accordingly, for the 2012-2013 2011-2012 fiscal year,
  546  counties shall maintain, but are not required to increase, their
  547  expenditures for the items specified in paragraphs (1)(a)-(h)
  548  and subsection (3). The requirements described in paragraph (a)
  549  shall be reinstated beginning with the 2013-2014 2012-2013
  550  fiscal year. This paragraph expires July 1, 2013 2012.
  551         Section 22. In order to implement Specific Appropriations
  552  2743 through 2753 of the 2012-2013 General Appropriations Act,
  553  the Department of Management Services shall use interest
  554  earnings of the Communications Working Capital Trust Fund as the
  555  funding source for its responsibilities relating to the
  556  administration of the MyFlorida.com portal.
  557         Section 23. In order to implement Specific Appropriation
  558  1662 of the 2012-2013 General Appropriations Act, paragraph (b)
  559  of subsection (3) of section 375.041, Florida Statutes, is
  560  amended to read:
  561         375.041 Land Acquisition Trust Fund.—
  562         (3)
  563         (b) In addition to the uses allowed under paragraph (a),
  564  for the 2012-2013 2011-2012 fiscal year, moneys in the Land
  565  Acquisition Trust Fund are authorized for transfer to support
  566  the Total Maximum Daily Loads Program as provided in the General
  567  Appropriations Act. This paragraph expires July 1, 2013 2012.
  568         Section 24. In order to implement Specific Appropriation
  569  1644 of the 2012-2013 General Appropriations Act, subsection
  570  (12) of section 373.59, Florida Statutes, is amended to read:
  571         373.59 Water Management Lands Trust Fund.—
  572         (12) Notwithstanding subsection (8), and for the 2012-2013
  573  2011-2012 fiscal year only, the moneys from the Water Management
  574  Lands Trust Fund are allocated as follows:
  575         (a) An amount necessary to pay debt service on bonds issued
  576  before February 1, 2009, by the South Florida Water Management
  577  District and the St. Johns River Water Management District,
  578  which are secured by revenues provided pursuant to this section,
  579  or to fund debt service reserve funds, rebate obligations, or
  580  other amounts payable with respect to such bonds;
  581         (b) Eight million dollars to be transferred to the General
  582  Revenue Fund; and
  583         (c) The remaining appropriation funds to be distributed to
  584  the Suwannee River Water Management District, of which $500,000
  585  may be used for minimum flows and levels.
  586  
  587  This subsection expires July 1, 2013 2012.
  588         Section 25. In order to implement Specific Appropriations
  589  1664 through 1666 and 1668 and Section 42 of the 2012-2013
  590  General Appropriations Act, paragraph (g) of subsection (1) of
  591  section 403.1651, Florida Statutes, is reenacted to read:
  592         403.1651 Ecosystem Management and Restoration Trust Fund.—
  593         (1) There is created the Ecosystem Management and
  594  Restoration Trust Fund to be administered by the Department of
  595  Environmental Protection for the purposes of:
  596         (g) Funding activities to preserve and repair the state’s
  597  beaches as provided in ss. 161.091-161.212.
  598         Section 26. The amendment to s. 403.1651(1)(g), Florida
  599  Statutes, as carried forward by this act from chapter 2011-47,
  600  Laws of Florida, shall expire July 1, 2013, and the text of that
  601  paragraph shall revert to that in existence on June 30, 2009,
  602  except that any amendments to such text enacted other than by
  603  this act shall be preserved and continue to operate to the
  604  extent that such amendments are not dependent upon the portions
  605  of text which expire pursuant to this section.
  606         Section 27. In order to implement Specific Appropriation
  607  1714 of the 2012-2013 General Appropriations Act, subsection (5)
  608  of section 403.7095, Florida Statutes, is amended to read:
  609         403.7095 Solid waste management grant program.—
  610         (5) Notwithstanding any other provision of this section,
  611  and for the 2012-2013 2011-2012 fiscal year only, the Department
  612  of Environmental Protection shall award the sum of $2,400,000 in
  613  grants equally to counties having populations of fewer than
  614  100,000 for waste tire and litter prevention, recycling
  615  education, and general solid waste programs. This subsection
  616  expires July 1, 2013 2012.
  617         Section 28. In order to implement Specific Appropriation
  618  1496 of the 2012-2013 General Appropriations Act and to provide
  619  consistency and continuity in the promotion of agriculture
  620  throughout the state, notwithstanding s. 287.057, Florida
  621  Statutes, the Department of Agriculture and Consumer Services
  622  may extend, revise, and renew current contracts or agreements
  623  created or entered into pursuant to chapter 2006-25, Laws of
  624  Florida. This section expires July 1, 2013.
  625         Section 29. In order to implement Specific Appropriations
  626  1806, 1841, 1863, and 1903 of the 2012-2013 General
  627  Appropriations Act, subsection (4) is added to section 379.209,
  628  Florida Statutes, to read:
  629         379.209 Nongame Wildlife Trust Fund.—
  630         (4) The commission may transfer cash balance from the trust
  631  fund to the Grants and Donations Trust Fund for the purpose of
  632  supporting cash flow needs. This subsection expires July 1,
  633  2013.
  634         Section 30. In order to implement Specific Appropriations
  635  1806, 1841, 1863, and 1903 of the 2012-2013 General
  636  Appropriations Act, the Fish and Wildlife Conservation
  637  Commission may transfer $500,000 in hunting and fishing license
  638  revenue from the Grants and Donations Trust Fund to the State
  639  Game Trust Fund, in order to repay the loan originally
  640  authorized in Specific Appropriation 1950 of the 2008-2009
  641  General Appropriations Act, chapter 2008-152, Laws of Florida.
  642         Section 31. In order to implement Specific Appropriation
  643  1863A of the 2012-2013 General Appropriations Act relating to
  644  the restoration of Lake Apopka and pursuant to the notice,
  645  review, and objection procedures of s. 216.177, Florida
  646  Statutes, the Executive Office of the Governor is authorized to
  647  transfer appropriations between the Fish and Wildlife
  648  Conservation Commission and the Department of Environmental
  649  Protection as necessary to implement the approved list of
  650  projects consistent with s. 216.292(1)(a), Florida Statutes.
  651  This section expires July 1, 2013.
  652         Section 32. In order to implement Specific Appropriations
  653  1641 and 1642 of the 2012-2013 General Appropriations Act,
  654  subsection (11) is added to section 373.4145, Florida Statutes,
  655  to read:
  656         373.4145 Part IV permitting program within the geographical
  657  jurisdiction of the Northwest Florida Water Management
  658  District.—
  659         (11) Notwithstanding subsection (10) and for the 2012-2013
  660  fiscal year only, the Northwest Florida Water Management
  661  District is directed to use up to $1,851,231 in unbudgeted
  662  reserves to fund and staff the environmental resource permitting
  663  program established under this section. The unbudgeted reserves
  664  may be used only if prior legislative appropriations for the
  665  environmental resource permitting program have been expended in
  666  their entirety. This subsection expires July 1, 2013.
  667         Section 33. In order to implement Specific Appropriation
  668  2255 of the 2012-2013 General Appropriations Act, subsection
  669  (11) of section 445.009, Florida Statutes, is amended to read:
  670         445.009 One-stop delivery system.—
  671         (11) A participant in an adult or youth work experience
  672  activity administered under this chapter shall be deemed an
  673  employee of the state for purposes of workers’ compensation
  674  coverage. In determining the average weekly wage, all
  675  remuneration received from the employer shall be considered a
  676  gratuity, and the participant shall not be entitled to any
  677  benefits otherwise payable under s. 440.15, regardless of
  678  whether the participant may be receiving wages and remuneration
  679  from other employment with another employer and regardless of
  680  his or her future wage-earning capacity. This subsection expires
  681  July 1, 2013 2012.
  682         Section 34. In order to implement Specific Appropriation
  683  2287 of the 2012-2013 General Appropriations Act, paragraph (d)
  684  of subsection (3) of section 163.3247, Florida Statutes, is
  685  reenacted to read:
  686         163.3247 Century Commission for a Sustainable Florida.—
  687         (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; CREATION;
  688  ORGANIZATION.—The Century Commission for a Sustainable Florida
  689  is created as a standing body to help the citizens of this state
  690  envision and plan their collective future with an eye towards
  691  both 25-year and 50-year horizons.
  692         (d) Members of the commission shall serve without
  693  compensation.
  694         Section 35. The amendment to s. 163.3247(3)(d), Florida
  695  Statutes, as carried forward by this act from chapter 2011-47,
  696  Laws of Florida, shall expire July 1, 2013, and the text of that
  697  paragraph shall revert to that in existence on June 30, 2010,
  698  except that any amendments to such text enacted other than by
  699  this act shall be preserved and continue to operate to the
  700  extent that such amendments are not dependent upon the portions
  701  of text which expire pursuant to this section.
  702         Section 36. In order to implement Specific Appropriation
  703  2287 of the 2012-2013 General Appropriations Act, paragraph (c)
  704  of subsection (1) of section 201.15, Florida Statutes, is
  705  reenacted to read:
  706         201.15 Distribution of taxes collected.—All taxes collected
  707  under this chapter are subject to the service charge imposed in
  708  s. 215.20(1). Prior to distribution under this section, the
  709  Department of Revenue shall deduct amounts necessary to pay the
  710  costs of the collection and enforcement of the tax levied by
  711  this chapter. Such costs and the service charge may not be
  712  levied against any portion of taxes pledged to debt service on
  713  bonds to the extent that the costs and service charge are
  714  required to pay any amounts relating to the bonds. After
  715  distributions are made pursuant to subsection (1), all of the
  716  costs of the collection and enforcement of the tax levied by
  717  this chapter and the service charge shall be available and
  718  transferred to the extent necessary to pay debt service and any
  719  other amounts payable with respect to bonds authorized before
  720  January 1, 2010, secured by revenues distributed pursuant to
  721  subsection (1). All taxes remaining after deduction of costs and
  722  the service charge shall be distributed as follows:
  723         (1) Sixty-three and thirty-one hundredths percent of the
  724  remaining taxes shall be used for the following purposes:
  725         (c) After the required payments under paragraphs (a) and
  726  (b), the remainder shall be paid into the State Treasury to the
  727  credit of:
  728         1. The State Transportation Trust Fund in the Department of
  729  Transportation in the amount of the lesser of 38.2 percent of
  730  the remainder or $541.75 million in each fiscal year. Out of
  731  such funds, the first $50 million for the 2012-2013 fiscal year;
  732  $65 million for the 2013-2014 fiscal year; and $75 million for
  733  the 2014-2015 fiscal year and all subsequent years, shall be
  734  transferred to the State Economic Enhancement and Development
  735  Trust Fund within the Department of Economic Opportunity. The
  736  remainder is to be used for the following specified purposes,
  737  notwithstanding any other law to the contrary:
  738         a. For the purposes of capital funding for the New Starts
  739  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
  740  specified in s. 341.051, 10 percent of these funds;
  741         b. For the purposes of the Small County Outreach Program
  742  specified in s. 339.2818, 5 percent of these funds. Effective
  743  July 1, 2014, the percentage allocated under this sub
  744  subparagraph shall be increased to 10 percent;
  745         c. For the purposes of the Strategic Intermodal System
  746  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
  747  of these funds after allocating for the New Starts Transit
  748  Program described in sub-subparagraph a. and the Small County
  749  Outreach Program described in sub-subparagraph b.; and
  750         d. For the purposes of the Transportation Regional
  751  Incentive Program specified in s. 339.2819, 25 percent of these
  752  funds after allocating for the New Starts Transit Program
  753  described in sub-subparagraph a. and the Small County Outreach
  754  Program described in sub-subparagraph b. Effective July 1, 2014,
  755  the first $60 million of the funds allocated pursuant to this
  756  sub-subparagraph shall be allocated annually to the Florida Rail
  757  Enterprise for the purposes established in s. 341.303(5).
  758         2. The Grants and Donations Trust Fund in the Department of
  759  Economic Opportunity in the amount of the lesser of .23 percent
  760  of the remainder or $3.25 million in each fiscal year to fund
  761  technical assistance to local governments and school boards on
  762  the requirements and implementation of this act.
  763         3. The Ecosystem Management and Restoration Trust Fund in
  764  the amount of the lesser of 2.12 percent of the remainder or $30
  765  million in each fiscal year, to be used for the preservation and
  766  repair of the state’s beaches as provided in ss. 161.091
  767  161.212.
  768         4. General Inspection Trust Fund in the amount of the
  769  lesser of .02 percent of the remainder or $300,000 in each
  770  fiscal year to be used to fund oyster management and restoration
  771  programs as provided in s. 379.362(3).
  772  
  773  Moneys distributed pursuant to this paragraph may not be pledged
  774  for debt service unless such pledge is approved by referendum of
  775  the voters.
  776         Section 37. The amendment to s. 201.15(1)(c)2., Florida
  777  Statutes, as carried forward by this act from chapter 2011-47,
  778  Laws of Florida, shall expire July 1, 2013, and the text of that
  779  subparagraph shall revert to that in existence on June 30, 2010,
  780  except that any amendments to such text enacted other than by
  781  this act shall be preserved and continue to operate to the
  782  extent that such amendments are not dependent upon the portions
  783  of text which expire pursuant to this section.
  784         Section 38. In order to implement Section 50 of the 2012
  785  2013 General Appropriations Act, subsections (3) and (4) of
  786  section 496 of chapter 2011-142, Laws of Florida, are amended to
  787  read:
  788         Section 496. Commission on Oil Spill Response
  789  Coordination.—
  790         (3) The board of trustees shall deliver the report to the
  791  Governor, the President of the Senate, the Speaker of the House
  792  of Representatives, the Secretary of Environmental Protection,
  793  and the executive director of the Department of Economic
  794  Opportunity by January 1, 2013 September 1, 2012.
  795         (4) This section expires January 1, 2013 September 30,
  796  2012.
  797         Section 39. In order to implement the appropriation of
  798  funds in appropriation category “Special Categories-Risk
  799  Management Insurance” in the 2012-2013 General Appropriations
  800  Act, and pursuant to the notice, review, and objection
  801  procedures of s. 216.177, Florida Statutes, the Executive Office
  802  of the Governor may transfer funds appropriated in that category
  803  between departments in order to align the budget authority
  804  granted with the premiums paid by each department for risk
  805  management insurance. This section expires July 1, 2013.
  806         Section 40. In order to implement Specific Appropriations
  807  1904, 1929, 1935, 1971, and 1990 of the 2012-2013 General
  808  Appropriations Act, the Department of Transportation may
  809  reallocate the FTE reductions included in the General
  810  Appropriations Act in order to meet the needs of the department
  811  in accordance with chapter 216, Florida Statutes.
  812         Section 41. In order to implement the appropriation of
  813  funds in the appropriation category “Special Categories-Transfer
  814  to Department of Management Services-Human Resources Services
  815  Purchased Per Statewide Contract” in the 2011-2012 General
  816  Appropriations Act, and pursuant to the notice, review, and
  817  objection procedures of s. 216.177, Florida Statutes, the
  818  Executive Office of the Governor may transfer funds appropriated
  819  in that category between departments in order to align the
  820  budget authority granted with the assessments that must be paid
  821  by each agency to the Department of Management Services for
  822  human resource management services. This section expires July 1,
  823  2013.
  824         Section 42. In order to implement specific appropriations
  825  for salaries and benefits in the 2012-2013 General
  826  Appropriations Act, paragraph (a) of subsection (12) of section
  827  110.123, Florida Statutes, is amended to read:
  828         110.123 State group insurance program.—
  829         (12) HEALTH SAVINGS ACCOUNTS.—The department is authorized
  830  to establish health savings accounts for full-time and part-time
  831  state employees in association with a health insurance plan
  832  option authorized by the Legislature and conforming to the
  833  requirements and limitations of federal provisions relating to
  834  the Medicare Prescription Drug, Improvement, and Modernization
  835  Act of 2003.
  836         (a)1. A member participating in this health insurance plan
  837  option is eligible to receive an employer contribution into the
  838  employee’s health savings account from the State Employees
  839  Health Insurance Trust Fund in an amount to be determined by the
  840  Legislature. A member is not eligible for an employer
  841  contribution upon termination of employment. For the 2012-2013
  842  2011-2012 fiscal year, the state’s monthly contribution for
  843  employees having individual coverage shall be $41.66 and the
  844  monthly contribution for employees having family coverage shall
  845  be $83.33.
  846         2. A member participating in this health insurance plan
  847  option is eligible to deposit the member’s own funds into a
  848  health savings account.
  849         Section 43. In order to implement Section 8 of the 2012
  850  2013 General Appropriations Act, paragraph (j) of subsection (3)
  851  of section 110.123, Florida Statutes, is amended to read:
  852         110.123 State group insurance program.—
  853         (3) STATE GROUP INSURANCE PROGRAM.—
  854         (j) Notwithstanding paragraph (f) requiring uniform
  855  contributions, and for the 2012-2013 2011-2012 fiscal year only,
  856  the state contribution toward the cost of any plan in the state
  857  group insurance plan is the difference between the overall
  858  premium and the employee contribution. This subsection expires
  859  June 30, 2013 2012.
  860         Section 44. In order to implement specific appropriations
  861  for salaries and benefits in the 2012-2013 General
  862  Appropriations Act, paragraph (b) of subsection (3) of section
  863  112.24, Florida Statutes, is amended to read:
  864         112.24 Intergovernmental interchange of public employees.
  865  To encourage economical and effective utilization of public
  866  employees in this state, the temporary assignment of employees
  867  among agencies of government, both state and local, and
  868  including school districts and public institutions of higher
  869  education is authorized under terms and conditions set forth in
  870  this section. State agencies, municipalities, and political
  871  subdivisions are authorized to enter into employee interchange
  872  agreements with other state agencies, the Federal Government,
  873  another state, a municipality, or a political subdivision
  874  including a school district, or with a public institution of
  875  higher education. State agencies are also authorized to enter
  876  into employee interchange agreements with private institutions
  877  of higher education and other nonprofit organizations under the
  878  terms and conditions provided in this section. In addition, the
  879  Governor or the Governor and Cabinet may enter into employee
  880  interchange agreements with a state agency, the Federal
  881  Government, another state, a municipality, or a political
  882  subdivision including a school district, or with a public
  883  institution of higher learning to fill, subject to the
  884  requirements of chapter 20, appointive offices which are within
  885  the executive branch of government and which are filled by
  886  appointment by the Governor or the Governor and Cabinet. Under
  887  no circumstances shall employee interchange agreements be
  888  utilized for the purpose of assigning individuals to participate
  889  in political campaigns. Duties and responsibilities of
  890  interchange employees shall be limited to the mission and goals
  891  of the agencies of government.
  892         (3) Salary, leave, travel and transportation, and
  893  reimbursements for an employee of a sending party that is
  894  participating in an interchange program shall be handled as
  895  follows:
  896         (b)1. The assignment of an employee of a state agency on
  897  detail or on leave of absence may be made without reimbursement
  898  by the receiving party for the travel and transportation
  899  expenses to or from the place of the assignment or for the pay
  900  and benefits, or a part thereof, of the employee during the
  901  assignment.
  902         2. For the 2012-2013 2011-2012 fiscal year only, the
  903  assignment of an employee of a state agency as provided in
  904  subparagraph 1. may be made if recommended by the Governor or
  905  Chief Justice, as appropriate, and approved by the chairs of the
  906  legislative appropriations committees. Such actions shall be
  907  deemed approved if neither chair provides written notice of
  908  objection within 14 days after the chair’s receiving notice of
  909  the action pursuant to s. 216.177. This subparagraph expires
  910  July 1, 2013 2012.
  911         Section 45. In order to implement Specific Appropriations
  912  2710 and 2711 of the 2012-2013 General Appropriations Act and
  913  notwithstanding s. 11.13(1), Florida Statutes, the authorized
  914  salaries for members of the Legislature for the 2012-2013 fiscal
  915  year shall be set at the same level in effect on July 1, 2010.
  916  This section expires July 1, 2013.
  917         Section 46. In order to implement the transfer of moneys to
  918  the General Revenue Fund from trust funds in the 2012-2013
  919  General Appropriations Act, paragraph (b) of subsection (4) of
  920  section 215.5601, Florida Statutes, is reenacted to read:
  921         215.5601 Lawton Chiles Endowment Fund.—
  922         (4) ADMINISTRATION.—
  923         (b) The endowment shall be managed as an annuity. The
  924  investment objective is the long-term preservation of the real
  925  value of the net contributed principal and a specified regular
  926  annual cash outflow for appropriation, as nonrecurring revenue.
  927  From the annual cash outflow, a pro rata share shall be used
  928  solely for biomedical research activities as provided in
  929  paragraph (3)(d), until such time as cures are found for
  930  tobacco-related cancer and heart and lung disease. Five percent
  931  of the annual cash outflow dedicated to the biomedical research
  932  portion of the endowment shall be reinvested and applied to that
  933  portion of the endowment’s principal, with the remainder to be
  934  spent on biomedical research activities consistent with this
  935  section. The schedule of annual cash outflow must be included
  936  within the investment plan adopted under paragraph (a).
  937  Withdrawals other than specified regular cash outflow are
  938  considered reductions in contributed principal for the purposes
  939  of this subsection.
  940         Section 47. The amendment to s. 215.5601(4)(b), Florida
  941  Statutes, as carried forward by this act from chapter 2011-47,
  942  Laws of Florida, shall expire July 1, 2013, and the text of that
  943  paragraph shall revert to that in existence on June 30, 2010,
  944  except that any amendments to such text enacted other than by
  945  this act shall be preserved and continue to operate to the
  946  extent that such amendments are not dependent upon the portions
  947  of text which expire pursuant to this section.
  948         Section 48. In order to implement the issuance of new debt
  949  authorized in the 2012-2013 General Appropriations Act, and
  950  pursuant to s. 215.98, Florida Statutes, the Legislature
  951  determines that the authorization and issuance of debt for the
  952  2012-2013 fiscal year should be implemented, is in the best
  953  interest of the state, and necessary to address a critical state
  954  emergency. This section expires July 1, 2013.
  955         Section 49. In order to implement the funds appropriated in
  956  the 2012-2013 General Appropriations Act for state employee
  957  travel, the funds appropriated to each state agency, which may
  958  be used for travel by state employees, are limited during the
  959  2012-2013 fiscal year to travel for activities that are critical
  960  to each state agency’s mission. Funds may not be used to pay for
  961  travel by state employees to foreign countries, other states,
  962  conferences, staff-training activities, or other administrative
  963  functions unless the agency head has approved in writing that
  964  such activities are critical to the agency’s mission. The agency
  965  head must consider the use of teleconferencing and other forms
  966  of electronic communication to meet the needs of the proposed
  967  activity before approving mission-critical travel. This section
  968  does not apply to travel for law enforcement purposes, military
  969  purposes, emergency management activities, or public health
  970  activities. This section expires July 1, 2013.
  971         Section 50. In order to implement the appropriations
  972  authorized in the 2012-2013 General Appropriations Act for each
  973  of the state’s designated primary data centers, which are funded
  974  from the data processing appropriation category and other
  975  categories used to pay for computing services of user agencies,
  976  and pursuant to the notice, review, and objection procedures of
  977  s. 216.177, Florida Statutes, the Executive Office of the
  978  Governor may transfer funds appropriated in any appropriation
  979  category used to pay for data processing in the 2012-2013
  980  General Appropriations Act between agencies in order to align
  981  the budget authority granted with the utilization rate of each
  982  department. This section expires July 1, 2013.
  983         Section 51. State agencies that are required to begin
  984  planning for a data center consolidation scheduled for a
  985  subsequent fiscal year may accelerate the consolidation into the
  986  2012-2013 fiscal year, contingent upon approval by the
  987  Legislative Budget Commission of budget adjustments necessary to
  988  accomplish the consolidation. The primary data center may
  989  establish positions contingent on an equal or greater number of
  990  positions being placed in reserve from the agency data centers
  991  being consolidated. This section expires July 1, 2013.
  992         Section 52. In order to implement appropriations in the
  993  2012-2013 General Appropriations Act for the state’s designated
  994  consolidated e-mail system within the Southwood Shared Resource
  995  Center, which are funded from the data processing appropriation
  996  category and other categories used to pay e-mail services of
  997  user agencies, and pursuant to the notice, review, and objection
  998  procedures of s. 216.177, Florida Statutes, the Executive Office
  999  of the Governor may transfer funds appropriated in any
 1000  appropriation category used to pay for e-mail in the 2012-2013
 1001  General Appropriations Act between agencies in order to align
 1002  the budget authority granted with the projected e-mail bills for
 1003  each agency. This section expires July 1, 2013.
 1004         Section 53. In order to implement Section 8 of the General
 1005  Appropriations Act for the 2012-2013 fiscal year, paragraph (a)
 1006  of subsection (7) of section 110.12315, Florida Statutes, is
 1007  reenacted to read:
 1008         110.12315 Prescription drug program.—The state employees’
 1009  prescription drug program is established. This program shall be
 1010  administered by the Department of Management Services, according
 1011  to the terms and conditions of the plan as established by the
 1012  relevant provisions of the annual General Appropriations Act and
 1013  implementing legislation, subject to the following conditions:
 1014         (7) Under the state employees’ prescription drug program
 1015  copayments must be made as follows:
 1016         (a) Effective January 1, 2011, for the State Group Health
 1017  Insurance Standard Plan:
 1018         1. For generic drug with card.........................$7.
 1019         2. For preferred brand name drug with card...........$30.
 1020         3. For nonpreferred brand name drug with card........$50.
 1021         4. For generic mail order drug.......................$14.
 1022         5. For preferred brand name mail order drug..........$60.
 1023         6. For nonpreferred brand name mail order drug......$100.
 1024         Section 54. The amendment to s. 110.12315(7)(a), Florida
 1025  Statutes, as carried forward by this act from chapter 2011-47,
 1026  Laws of Florida, shall expire on July 1, 2013, and the text of
 1027  that paragraph shall revert to that in existence on December 31,
 1028  2010, except that any amendments to such text enacted other than
 1029  by this act shall be preserved and continue to operate to the
 1030  extent that such amendments are not dependent upon the portions
 1031  of text which expire pursuant to this section.
 1032         Section 55. In order to implement Specific Appropriation
 1033  209 of the 2012-2013 General Appropriations Act and
 1034  notwithstanding chapter 287, Florida Statutes, the Agency for
 1035  Health Care Administration shall competitively reprocure a
 1036  Florida Discount Drug Card Program to provide market competitive
 1037  discounts through a broad network of retail pharmacies and a
 1038  mail order pharmacy within the state and return money to the
 1039  state on a per prescription dispensed basis. Discounts must be
 1040  available to Florida residents without income restrictions.
 1041  Residents must be able to enroll and acquire a member
 1042  identification card from the participating pharmacies, online
 1043  and through text messaging, without a charge. Revenues derived
 1044  from this contract shall be deposited into the agency’s Grants
 1045  and Donations Trust Fund to reduce the cost of Medicaid pharmacy
 1046  purchases. This section expires July 1, 2013.
 1047         Section 56. In order to implement specific appropriations
 1048  for Expense and Other Capital Outlay in the 2012-2013 General
 1049  Appropriations Act, subsection (8) of section 946.515, Florida
 1050  Statutes, is amended to read:
 1051         946.515 Use of goods and services produced in correctional
 1052  work programs.—
 1053         (8) On June 30, 2013 2012, each state agency must submit a
 1054  report to the President of the Senate and the Speaker of the
 1055  House of Representatives which lists products or services
 1056  obtained from a source other than the corporation when a
 1057  comparable product or service could have been obtained from the
 1058  corporation. The report must include an explanation of why the
 1059  product or service was not obtained from the corporation. This
 1060  subsection expires July 1, 2013 2012.
 1061         Section 57. In order to implement Specific Appropriations
 1062  26A, 42A, 566A, 593A, 1190A, 1200A, 1209A, 1221A, 1255A, 1797A,
 1063  1813A, 1832B, 1846B, 1882A, 1896A, 1907A, 1939A, 1974A, 1993A,
 1064  2273A, 2320A, 2417A, 2477A, 2507A, 2516A, and 3153A of the 2012
 1065  2013 General Appropriations Act, the Department of Economic
 1066  Opportunity, the Department of Education, the Department of
 1067  Financial Services, the Department of Health, the Department of
 1068  Juvenile Justice, the Department of State, the Department of
 1069  Transportation, and the Fish and Wildlife Conservation
 1070  Commission, respectively, which are occupying space located at
 1071  the Koger Executive Center Tallahassee pursuant to State of
 1072  Florida Lease No. 720:0138, or any other lease, on June 30,
 1073  2012, and the Department of Management Services shall not amend
 1074  State of Florida Lease No. 720:0138 or other existing lease of
 1075  or for any space located at Koger Executive Center Tallahassee,
 1076  shall not defer any rent due under any such lease and shall not
 1077  occupy any additional space at Koger Executive Center
 1078  Tallahassee which was not occupied on June 30, 2012,
 1079  notwithstanding any lease or contract to the contrary. Except
 1080  for the funds specifically appropriated in Specific
 1081  Appropriations 26A, 42A, 566A, 593A, 1190A, 1200A, 1209A, 1221A,
 1082  1255A, 1797A, 1813A, 1832B, 1846B, 1882A, 1896A, 1907A, 1939A,
 1083  1974A, 1993A, 2273A, 2320A, 2417A, 2477A, 2507A, 2516A, and
 1084  3153A, the Department of Economic Opportunity, the Department of
 1085  Education, the Department of Financial Services, the Department
 1086  of Health, the Department of Juvenile Justice, the Department of
 1087  State, the Department of Transportation, and the Fish and
 1088  Wildlife Conservation Commission, respectively, which are
 1089  occupying space located at the Koger Executive Center
 1090  Tallahassee pursuant to State of Florida Lease No. 720:0138, or
 1091  any other lease, on June 30, 2012, and the Department of
 1092  Management Services are prohibited from expending any other
 1093  funds from the General Revenue Fund, any trust fund or from any
 1094  other source for the rent, lease or possession of any space for
 1095  offices or other purpose or use at Koger Executive Center
 1096  Tallahassee pursuant to State of Florida Lease No. 720:0138, or
 1097  any other lease. Any department or agency of the State of
 1098  Florida occupying space at Koger Executive Center Tallahassee
 1099  pursuant to State of Florida Lease No. 720:0138, or any other
 1100  lease, on June 30, 2012, shall vacate all such space not later
 1101  than December 31, 2012, and shall surrender possession of all
 1102  such space to the owner thereof not later than December 31,
 1103  2012, notwithstanding any lease or contract to the contrary.
 1104         Section 58. Any section of this act which implements a
 1105  specific appropriation or specifically identified proviso
 1106  language in the 2012-2013 General Appropriations Act is void if
 1107  the specific appropriation or specifically identified proviso
 1108  language is vetoed. Any section of this act which implements
 1109  more than one specific appropriation or more than one portion of
 1110  specifically identified proviso language in the 2012-2013
 1111  General Appropriations Act is void if all the specific
 1112  appropriations or portions of specifically identified proviso
 1113  language are vetoed.
 1114         Section 59. If any other act passed during the 2012 Regular
 1115  Session contains a provision that is substantively the same as a
 1116  provision in this act, but that removes or is otherwise not
 1117  subject to the future repeal applied to such provision by this
 1118  act, the Legislature intends that the provision in the other act
 1119  takes precedence and continues to operate, notwithstanding the
 1120  future repeal provided by this act.
 1121         Section 60. If any provision of this act or its application
 1122  to any person or circumstance is held invalid, the invalidity
 1123  does not affect other provisions or applications of the act
 1124  which can be given effect without the invalid provision or
 1125  application, and to this end the provisions of this act are
 1126  severable.
 1127         Section 61. Except as otherwise expressly provided in this
 1128  act and except for this section, which shall take effect upon
 1129  this act becoming a law, this act shall take effect July 1,
 1130  2012; or, if this act fails to become a law until after that
 1131  date, it shall take effect upon becoming a law and shall operate
 1132  retroactively to July 1, 2012.