Florida Senate - 2013         (PROPOSED COMMITTEE BILL) SPB 7042
       
       
       
       FOR CONSIDERATION By the Committee on Appropriations
       
       
       
       
       576-01548E-13                                         20137042__
    1                        A bill to be entitled                      
    2         An act relating to implementing the General
    3         Appropriations Act; providing legislative intent;
    4         incorporating by reference certain calculations of the
    5         Florida Education Finance Program for the 2013-2014
    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 charter
    9         schools upon certain approval; incorporating by
   10         reference certain calculations of the Medicaid Low
   11         Income Pool, Disproportionate Share Hospital, and
   12         Hospital Exemptions Programs for the 2013-2014 fiscal
   13         year; prohibiting the Department of Children and
   14         Families from requiring managing entities to conduct
   15         provider network procurement during the next fiscal
   16         year; providing requirements governing the
   17         continuation of Phase 3 of the Department of Health’s
   18         Florida Onsite Sewage Nitrogen Reduction Strategies
   19         Study; specifying certain prohibitions before
   20         completion of the study; prioritizing which categories
   21         of individuals on the Agency for Persons with
   22         Disabilities wait list will be offered a slot on the
   23         Medicaid home and community-based waiver programs;
   24         providing that individuals remaining on the wait list
   25         are not entitled to an administrative proceeding;
   26         amending s. 216.262, F.S.; authorizing the Department
   27         of Corrections to submit a budget amendment for
   28         additional positions to operate additional prison bed
   29         capacity under certain circumstances; authorizing the
   30         Department of Legal Affairs to spend certain
   31         appropriated funds on programs that were funded by the
   32         department from specific appropriations in general
   33         appropriations acts in previous years; amending s.
   34         932.7055, F.S.; authorizing a municipality to expend
   35         funds from its special law enforcement trust fund to
   36         reimburse the municipality’s general fund; requiring
   37         the Department of Juvenile Justice to comply with
   38         specified reimbursement limitations with respect to
   39         payments to hospitals or health care providers for
   40         health care services; authorizing certain payments
   41         pursuant to a contracted rate only until the contract
   42         expires or is renewed; defining the term “hospital”
   43         for purposes of such limitations; amending s. 215.18,
   44         F.S.; providing for trust fund loans to the state
   45         court system sufficient to meet its appropriation;
   46         providing that any funds remaining in the Clerks of
   47         the Court Trust Fund remain available to the clerks;
   48         amending s. 29.008, F.S., relating to county funding
   49         of court-related functions; providing counties with an
   50         exemption from the requirement to annually increase
   51         certain expenditures by a specified percentage;
   52         providing performance and reporting requirements for
   53         the Department of Corrections relating to the
   54         implementation of proviso language in the
   55         appropriations act; providing salary sanctions for
   56         failing to meet those requirements; requiring the
   57         Department of Management Services to use certain
   58         interest earnings to fund the administration of the
   59         MyFlorida.com portal; directing the Department of
   60         Management Services to use a tenant broker to
   61         renegotiate certain leases and provide a report to the
   62         Executive Office of the Governor and the Legislature;
   63         authorizing funds available in the Audit and Warrant
   64         Clearing Trust Fund to be available for certain
   65         interest payments to the Federal Government; amending
   66         s. 375.041, F.S.; providing for the transfer of moneys
   67         from the Land Acquisition Trust Fund to support the
   68         Total Maximum Daily Loads Program; providing for the
   69         transfer of moneys in the Land Acquisition Trust Fund
   70         to the Save Our Everglades Trust Fund for Everglades
   71         restoration; amending s. 373.59, F.S.; revising the
   72         allocation of moneys from the Water Management Lands
   73         Trust Fund; amending s. 403.7095, F.S.; requiring the
   74         Department of Environmental Protection to award a
   75         specified amount in grants to certain counties for
   76         solid waste programs; amending s. 259.105, F.S.;
   77         providing that certain funds in the Florida Forever
   78         Trust Fund be distributed to the Division of State
   79         Lands for certain Board of Trustees Florida Forever
   80         Priority List land acquisition projects; amending s.
   81         339.135, F.S.; authorizing the Department of
   82         Transportation to use appropriated funds for land
   83         acquisition, design, and construction of multiuse
   84         trails and related facilities; amending s. 335.065,
   85         F.S.; authorizing the Department of Transportation to
   86         use certain funds for the acquisition and development
   87         of a system of interconnected multi-use trails;
   88         amending s. 339.08, F.S.; authorizing the Department
   89         of Transportation to expend funds to pay certain
   90         administrative costs of the multicounty transportation
   91         authority established under ch. 343, F.S.; authorizing
   92         the Executive Office of the Governor to transfer funds
   93         between departments for purposes of aligning amounts
   94         paid for risk management premiums and for purposes of
   95         aligning amounts paid for human resource management
   96         services; amending s. 110.123, F.S., relating to the
   97         state group insurance program; providing the amounts
   98         of the state’s monthly contribution; amending s.
   99         112.24, F.S.; providing conditions on the assignment
  100         of an employee of a state agency; providing that the
  101         annual salary of the members of the Legislature be
  102         maintained at a specified level; reenacting s. 215.32,
  103         F.S.; relating to the source and use of certain trust
  104         funds; reenacting s. 215.5601(4)(b), F.S., relating to
  105         the administration of the Lawton Chiles Endowment
  106         Fund; providing a legislative determination that the
  107         issuance of new debt is in the best interests of the
  108         state and necessary to address a critical state
  109         emergency; limiting the use of travel funds to
  110         activities that are critical to an agency’s mission;
  111         providing exceptions; authorizing certain agencies to
  112         request the transfer of resources between Data
  113         Processing Services appropriation categories and
  114         appropriation categories for operation based upon
  115         changes to the data center services consolidation
  116         schedule; authorizing the Executive Office of the
  117         Governor to transfer funds for use by the state’s
  118         designated primary data centers; reenacting and
  119         amending s. 110.12315, F.S., relating to the state
  120         employee prescription drug program; updating
  121         provisions specifying copayment amounts; repealing
  122         section 53, Laws of Florida, providing for the
  123         reversion of previsions relating to the prescription
  124         drug program to the 2010 statutes; providing for
  125         reversion of statutory text of certain provisions;
  126         providing for the effect of a veto of one or more
  127         specific appropriations or proviso to which
  128         implementing language refers; providing for the
  129         continued operation of certain provisions
  130         notwithstanding a future repeal or expiration provided
  131         by this act; providing for severability; providing
  132         effective dates.
  133  
  134  Be It Enacted by the Legislature of the State of Florida:
  135  
  136         Section 1. It is the intent of the Legislature that the
  137  implementing and administering provisions of this act apply to
  138  the General Appropriations Act for the 2013-2014 fiscal year.
  139         Section 2. In order to implement Specific Appropriations 7,
  140  8, 9, 87, and 88 of the 2013-2014 General Appropriations Act,
  141  the calculations of the Florida Education Finance Program for
  142  the 2013-2014 fiscal year in the document entitled “Public
  143  School Funding-The Florida Education Finance Program,” dated
  144  ____ _, 2013, and filed with the Secretary of the Senate, are
  145  incorporated by reference for the purpose of displaying the
  146  calculations used by the Legislature, consistent with the
  147  requirements of state law, in making appropriations for the
  148  Florida Education Finance Program. This section expires July 1,
  149  2014.
  150         Section 3. In order to implement Specific Appropriation 0A
  151  of the 2013-2014 General Appropriations Act, paragraph (c) of
  152  subsection (3) of section 216.292, Florida Statutes, is amended
  153  to read:
  154         216.292 Appropriations nontransferable; exceptions.—
  155         (3) The following transfers are authorized with the
  156  approval of the Executive Office of the Governor for the
  157  executive branch or the Chief Justice for the judicial branch,
  158  subject to the notice and objection provisions of s. 216.177:
  159         (c) The transfer of appropriations for fixed capital outlay
  160  from the Survey Recommended Needs-Public Schools appropriation
  161  category to the Maintenance, Repair, Renovation and Remodeling
  162  appropriation category. The allocation of transferred funds must
  163  be in accordance with s. 1013.62. This paragraph expires July 1,
  164  2014 2013.
  165         Section 4. In order to implement Specific Appropriations
  166  202, 208 through 210, and 213 of the 2013-2014 General
  167  Appropriations Act, the calculations of the Medicaid Low-Income
  168  Pool, Disproportionate Share Hospital, and Hospital Exemptions
  169  Programs for the 2013-2014 fiscal year in the document entitled
  170  “Medicaid Supplemental Hospital Funding Programs,” dated ____ _,
  171  2013, and filed with the Secretary of the Senate, are
  172  incorporated by reference for the purpose of displaying the
  173  calculations used by the Legislature, consistent with the
  174  requirements of state law, in making appropriations for the
  175  Medicaid Low-Income Pool, Disproportionate Share Hospital, and
  176  Hospital Exemptions Programs. This section expires July 1, 2014.
  177         Section 5. In order to implement Specific Appropriations
  178  352A through 369A and 374 through 377 of the 2013-2014 General
  179  Appropriations Act and, notwithstanding any other law, in order
  180  to provide consistency and continuity in the provision of mental
  181  health and substance abuse treatment services to individuals
  182  throughout the state, the Department of Children and Families
  183  may not require managing entities contracting with the
  184  department under s. 394.9082, Florida Statutes, to conduct
  185  provider network procurements during the 2013-2014 fiscal year.
  186  The department shall amend its contracts with each managing
  187  entity, if necessary, to remove contractual provisions that have
  188  the effect of requiring a managing entity to conduct a provider
  189  network procurement during the 2013-2014 fiscal year. This
  190  section expires July 1, 2014.
  191         Section 6. (1)In order to implement Specific Appropriation
  192  493 of the 2013-2014 General Appropriations Act, the following
  193  requirements govern the continuation of Phase 3 of the
  194  Department of Health’s Florida Onsite Sewage Nitrogen Reduction
  195  Strategies Study:
  196         (a) The Department of Health’s underlying contract for the
  197  study remains in full force and effect and funding for
  198  continuation of Phase 3 is provided through the department.
  199         (b) The Department of Health’s Research Review and Advisory
  200  Committee and the Department of Environmental Protection shall
  201  work together to provide the necessary technical oversight of
  202  the continuation of Phase 3.
  203         (c) Management and oversight of the continuation of Phase 3
  204  must be consistent with the terms of the existing contract.
  205  However, the main focus and priority to be completed during
  206  Phase 3 is testing and recommending cost-effective passive
  207  technology design criteria for nitrogen reduction.
  208  Notwithstanding any other law, before Phase 3 is completed, a
  209  state agency may not adopt or implement a rule or policy that:
  210         1. Mandates, establishes, or implements more restrictive
  211  nitrogen reduction standards to existing or new onsite sewage
  212  treatment systems or modification of such systems; or
  213         2. Directly or indirectly, such as through an
  214  administrative order developed by the Department of
  215  Environmental Protection as part of a basin management action
  216  plan adopted pursuant to s. 403.067, Florida Statutes, requires
  217  the use of performance-based treatment systems or similar
  218  technology. However, more restrictive nitrogen reduction
  219  standards for onsite systems may be required through a basin
  220  management action plan if such plan is phased in after
  221  completion of Phase 3.
  222         (2) This section expires July 1, 2014.
  223         Section 7. (1) In order to implement Specific Appropriation
  224  267 of the 2013-2014 General Appropriations Act, and
  225  notwithstanding s. 393.065(5), Florida Statutes, individuals
  226  from the Medicaid home and community-based waiver programs wait
  227  list shall be offered a slot on the waiver as follows:
  228         (a) Individuals in category 1, which includes clients
  229  deemed to be in crisis as described in rule, shall be given top
  230  priority in moving from the wait list to the waiver.
  231         (b) Individuals in category 2, upon a finalized adoption
  232  with placement in the family home, reunification with family
  233  members with placement in a family home, or permanent placement
  234  with a relative in a family home, shall be moved to the waiver.
  235         (c) In selecting individuals in category 3 or category 4,
  236  the Agency for Persons with Disabilities shall use the Agency
  237  for Persons with Disabilities Wait List Prioritization Tool,
  238  dated March 15, 2013. Those individuals whose needs score
  239  highest on the Wait List Prioritization Tool shall be moved to
  240  the waiver during the 2013-2014 fiscal year, to the extent funds
  241  are available.
  242         (2) Upon the placement of individuals on the waiver
  243  pursuant to subsection (1), individuals remaining on the wait
  244  list are deemed not to have been substantially affected by
  245  agency action and are, therefore, not entitled to a hearing
  246  under s. 393.125, Florida Statutes, or administrative proceeding
  247  under chapter 120, Florida Statutes.
  248         Section 8. In order to implement Specific Appropriations
  249  602 through 678 and 701 through 736 of the 2013-2014 General
  250  Appropriations Act, subsection (4) of section 216.262, Florida
  251  Statutes, is amended to read:
  252         216.262 Authorized positions.—
  253         (4) Notwithstanding the provisions of this chapter relating
  254  to increasing the number of authorized positions, and for the
  255  2013-2014 2012-2013 fiscal year only, if the actual inmate
  256  population of the Department of Corrections exceeds the inmate
  257  population projections of the February 19, 2013 December 14,
  258  2011, Criminal Justice Estimating Conference by 1 percent for 2
  259  consecutive months or 2 percent for any month, the Executive
  260  Office of the Governor, with the approval of the Legislative
  261  Budget Commission, shall immediately notify the Criminal Justice
  262  Estimating Conference, which shall convene as soon as possible
  263  to revise the estimates. The Department of Corrections may then
  264  submit a budget amendment requesting the establishment of
  265  positions in excess of the number authorized by the Legislature
  266  and additional appropriations from unallocated general revenue
  267  sufficient to provide for essential staff, fixed capital
  268  improvements, and other resources to provide classification,
  269  security, food services, health services, and other variable
  270  expenses within the institutions to accommodate the estimated
  271  increase in the inmate population. All actions taken pursuant to
  272  this subsection are subject to review and approval by the
  273  Legislative Budget Commission. This subsection expires July 1,
  274  2014 2013.
  275         Section 9. In order to implement Specific Appropriations
  276  1273 and 1274 of the 2013-2014 General Appropriations Act, the
  277  Department of Legal Affairs may expend appropriated funds in
  278  those specific appropriations on the same programs that were
  279  funded by the department pursuant to specific appropriations
  280  made in general appropriations acts in previous years. This
  281  section expires July 1, 2014.
  282         Section 10. In order to implement Specific Appropriations
  283  1211 and 1216 of the 2013-2014 General Appropriations Act,
  284  paragraph (d) of subsection (4) of section 932.7055, Florida
  285  Statutes, is amended to read:
  286         932.7055 Disposition of liens and forfeited property.—
  287         (4) The proceeds from the sale of forfeited property shall
  288  be disbursed in the following priority:
  289         (d) Notwithstanding any other provision of this subsection,
  290  and for the 2013-2014 2012-2013 fiscal year only, the funds in a
  291  special law enforcement trust fund established by the governing
  292  body of a municipality may be expended to reimburse the general
  293  fund of the municipality for moneys advanced from the general
  294  fund to the special law enforcement trust fund before October 1,
  295  2001. This paragraph expires July 1, 2014 2013.
  296         Section 11. (1) In order to implement Specific
  297  Appropriations 1076, 1081, 1082, 1129, 1130, 1134, 1135, 1137,
  298  1141, 1142, 1145, 1146, 1147, 1158, and 1163 of the 2013-2014
  299  General Appropriations Act, the Department of Juvenile Justice
  300  must comply with the following reimbursement limitations:
  301         (a) Payments to a hospital or a health care provider may
  302  not exceed 110 percent of the Medicare allowable rate for any
  303  health care services provided if there is no contract between
  304  the department and the hospital or the health care provider
  305  providing services at a hospital;
  306         (b) The department may continue to make payments for health
  307  care services at the currently contracted rates through the
  308  current term of the contract if a contract has been executed
  309  between the department and a hospital or a health care provider
  310  providing services at a hospital; however, payments may not
  311  exceed 110 percent of the Medicare allowable rate after the
  312  current term of the contract expires or after the contract is
  313  renewed during the 2013-2014 fiscal year;
  314         (c) Payments may not exceed 110 percent of the Medicare
  315  allowable rate under a contract executed on or after July 1,
  316  2013, between the department and a hospital or a health care
  317  provider providing services at a hospital;
  318         (d) Notwithstanding paragraphs (a)-(c), the department may
  319  pay up to 125 percent of the Medicare allowable rate for health
  320  care services at a hospital that reports or has reported a
  321  negative operating margin for the previous fiscal year to the
  322  Agency for Health Care Administration through hospital-audited
  323  financial data; and
  324         (e) The department may not execute a contract for health
  325  care services at a hospital for rates other than rates based on
  326  a percentage of the Medicare allowable rate.
  327         (2) As used in this section, the term “hospital” means a
  328  hospital licensed under chapter 395, Florida Statutes.
  329         (3) This section expires July 1, 2014.
  330         Section 12. In order to implement section 7 of the 2013
  331  2014 General Appropriations Act, subsection (2) of section
  332  215.18, Florida Statutes, is amended to read:
  333         215.18 Transfers between funds; limitation.—
  334         (2) The Chief Justice of the Supreme Court may receive one
  335  or more trust fund loans to ensure that the state court system
  336  has funds sufficient to meet its appropriations in the 2013-2014
  337  2012-2013 General Appropriations Act. If the Chief Justice
  338  accesses the loan, he or she must notify the Governor and the
  339  chairs of the legislative appropriations committees in writing.
  340  The loan must come from other funds in the State Treasury which
  341  are for the time being or otherwise in excess of the amounts
  342  necessary to meet the just requirements of the such last
  343  mentioned funds. The Governor shall order the transfer of funds
  344  within 5 days after the written notification from the Chief
  345  Justice. If the Governor does not order the transfer, the Chief
  346  Financial Officer shall transfer the requested funds. The loan
  347  of funds from which any money is temporarily transferred must be
  348  repaid by the end of the 2013-2014 2012-2013 fiscal year. This
  349  subsection expires July 1, 2014 2013.
  350         Section 13. In order to implement Specific Appropriation
  351  769 of the 2013-2014 General Appropriations Act, and
  352  notwithstanding s. 28.2455, Florida Statutes, any funds
  353  remaining in the Clerks of Court Trust Fund may not be
  354  transferred to the General Revenue Fund and remain available to
  355  the clerks of court for expenditures during the 2013-2014 fiscal
  356  year. This section shall take effect upon this act becoming a
  357  law and expires July 1, 2014.
  358         Section 14. In order to implement section 7 of the 2013
  359  2014 General Appropriations Act, paragraph (c) of subsection (4)
  360  of section 29.008, Florida Statutes, is amended to read:
  361         29.008 County funding of court-related functions.—
  362         (4)
  363         (c) Counties are exempt from all requirements and
  364  provisions of paragraph (a) for the 2013-2014 2012-2013 fiscal
  365  year. Accordingly, for the 2013-2014 2012-2013 fiscal year,
  366  counties shall maintain, but are not required to increase, their
  367  expenditures for the items specified in paragraphs (1)(a)-(h)
  368  and subsection (3). The requirements described in paragraph (a)
  369  shall be reinstated beginning with the 2014-2015 2013-2014
  370  fiscal year. This paragraph expires July 1, 2014 2013.
  371         Section 15. (1) In order to implement Specific
  372  Appropriations 602 through 736 of the 2013-2014 General
  373  Appropriations Act, the Department of Corrections must comply
  374  with the following performance and reporting requirements:
  375         (a) Proviso language.
  376         1. The department shall provide a report summarizing the
  377  department’s implementation of proviso language from Specific
  378  Appropriations 602 through 736 which includes, but is not
  379  limited to, the total amount of expenditures; vendor and
  380  contractual information, including award dates and current
  381  status of procurements; the total number of full-time employees
  382  (FTEs) funded through the proviso; the number of inmates or
  383  offenders, and a list of facilities receiving services. The
  384  department shall provide specific reasons for not implementing
  385  any proviso language.
  386         2. If the reports required pursuant to subparagraph 1. do
  387  not demonstrate a change in the reported status toward
  388  implementation of each separate proviso for 2 consecutive
  389  calendar quarters, the department is in noncompliance with this
  390  performance requirement.
  391         (b) Health services.The department shall report the
  392  following information related to the provision of correctional
  393  health care services:
  394         1. The status of all health services outsourcing
  395  initiatives, including the timeline and estimated cost savings.
  396         2. The status and estimated savings for the 340B Program,
  397  including prior estimates of savings, actual savings, and
  398  estimated future savings.
  399         3. The adequacy of health care, including, but not limited
  400  to, inmate grievances, contract monitoring, external agency
  401  reviews, and audit findings.
  402         4. For the department’s Office of Health Services, a
  403  listing of position resignations, retirements, and transfers,
  404  and the number of positions vacant for more than 60 days, by
  405  title and facility. The department should include an explanation
  406  for any positions that remain unfilled for 90 days or longer.
  407         5. The ratio of contracted or temporary employee hours to
  408  the total hours worked for the reporting period.
  409         (c) Staffing.The department shall report the following
  410  information related to security and managerial staffing:
  411         1. The number of security position resignations,
  412  terminations, retirements, and transfers; the number of security
  413  officers hired, including the number hired in trainee status;
  414  the average number of vacant security positions per day; and the
  415  total number of certified correctional officers, trainees, and
  416  vacancies by institution at the end of each month.
  417         2. The identification of any institution that exceeded a 10
  418  percent vacancy rate for its security positions or that had more
  419  than 10 percent of its security officers in trainee status at
  420  any time during the month, as well as any other security
  421  staffing issues or concerns that the department has experienced
  422  for all other institutions.
  423         3. The number of selected exempt service (SES) and senior
  424  management service (SMS) position resignations, retirements, and
  425  transfers by position title; the number of SES and SMS personnel
  426  hired by position title; the average number of vacant positions
  427  per day; and the total number of SES and SMS positions filled
  428  and vacant, by location, at the end of each month.
  429         (d) Procurement of contractual services.The department
  430  shall report the following information related to the
  431  procurement of contractual services:
  432         1. The date of issuance, type, and description of any
  433  procurement mechanisms, including, but not limited to,
  434  invitation to bid (ITB), request for proposal (RFP), or
  435  invitation to negotiate (ITN); the number of responding bidders;
  436  the dates of past and upcoming scheduled actions; the status and
  437  related cause of any bid protests; the anticipated award date,
  438  plus explanation, if this has changed since the previous
  439  quarterly report, for each procurement of contractual services
  440  of more than $100,000 and not yet awarded as of June 30, 2013.
  441  The department must also include internet links to all available
  442  supporting documentation available on the Vendor Bid System. If
  443  no action has been taken on a procurement, the department must
  444  give a reason for the lack of action.
  445         2. The department shall procure an electronic time and
  446  attendance system; develop, with the successful vendor, a
  447  timetable that will implement the system on a quarterly basis
  448  beginning with twelve major institutions by December 31, 2013,
  449  and complete implementation at all other major institutions by
  450  June 30, 2014; complete implementation at the twelve major
  451  institutions by December 31, 2013; and complete implementation
  452  of the system at all other major institutions by June 30, 2014.
  453  The department may submit budget amendments as required to
  454  comply with this benchmark.
  455         3. The department’s food service per diem.
  456         (e) Identification cards for inmates.
  457         1. The department shall report the following information
  458  related to state identification cards:
  459         a. The number of inmates released from facilities per
  460  month.
  461         b. The number of inmates transferred to public and private
  462  work release centers per month.
  463         c. The number of inmates eligible for, but not housed in,
  464  work release facilities.
  465         d. The number and percentage of inmates released or
  466  transferred per month without valid Florida identification
  467  cards, social security cards, or birth certificates.
  468         2. The number and percentage of inmates released each
  469  quarter without identification must be 10 percent less than the
  470  number of inmates released the preceding quarter without
  471  identification.
  472         (f) Work release and reentry.
  473         1. The department shall report the following information
  474  related to inmates transferred to public and private work
  475  release centers and to reentry initiatives:
  476         a. The number and percentage of inmates in work release
  477  centers and reentry programs categorized by the length of time,
  478  in months, from the date of transfer or entrance to the
  479  forecasted release date.
  480         b. The number and percentage of work release inmates
  481  employed by facility.
  482         c. The number of escapes and the number of inmates returned
  483  to secure facilities.
  484         2. The number of employed work release inmates must
  485  increase each quarter as compared to the number of employed work
  486  release inmates during the preceding quarter.
  487         (g) Performance Reports.—The department shall provide all
  488  performance reports required under this section to the Governor,
  489  the President of the Senate, and the Speaker of the House of
  490  Representatives quarterly, by September 30, 2013, December 31,
  491  2013, March 31, 2014, and June 30, 2014.
  492         (h) Compliance.
  493         1. If the department does not meet the benchmarks in
  494  subparagraphs (a)2., (d)2., (e)2., and (f)2. in a quarter or
  495  fails to timely submit a complete report as required by
  496  paragraph (g), the salary of each employee of the department who
  497  is in Pay Plan 09, excluding those employees whose primary
  498  responsibility is overseeing the health services provided to
  499  inmates, shall be reduced by 10 percent for each quarter. Once a
  500  10 percent reduction takes effect that reduction shall continue
  501  in effect for all subsequent pay periods for the remainder of
  502  the 2013-2014 fiscal year.
  503         2. With respect to the report due by September 30, 2013,
  504  the reductions are effective for the first pay period that
  505  begins on or after January 1, 2014; with respect to the report
  506  due by December 31, 2013, the reductions are effective for the
  507  first pay period that begins on or after April 1, 2014.
  508         3. For the third quarter of the 2013-2014 fiscal year, 10
  509  percent of the total salaries of all employees of the department
  510  who are in Pay Plan 09, excluding those employees whose primary
  511  responsibility is overseeing health services provided to
  512  inmates, shall be placed in reserve. For the fourth quarter of
  513  the 2013-2014 fiscal year, 20 percent of the total salaries of
  514  all employees of the department who are in Pay Plan 09,
  515  excluding those employees whose primary responsibility is
  516  overseeing health services provided to inmates, shall be placed
  517  in reserve.
  518         4. If the department timely submits the complete report for
  519  each respective quarter and the Governor determines that the
  520  department has complied with the benchmarks established in
  521  subparagraphs (a)2., (d)2., (e)2., and (f)2. for the respective
  522  quarter, the Governor may propose a budget amendment pursuant to
  523  s. 216.181, Florida Statutes, to release the appropriate amount
  524  of funds for the salaries of the affected employees for that
  525  quarter. Any such amendment is subject to the notice, review,
  526  and objection procedures of s. 216.177, Florida Statutes.
  527         (2) This section expires July 1, 2014.
  528         Section 16. In order to implement Specific Appropriations
  529  2684 through 2695 of the 2013-2014 General Appropriations Act,
  530  the Department of Management Services shall use interest
  531  earnings of the Communications Working Capital Trust Fund as the
  532  funding source for its responsibilities relating to the
  533  administration of the MyFlorida.com portal.
  534         Section 17. In order to implement appropriations used for
  535  the payment of existing lease contracts for privately owned
  536  space in excess of 2,000 square feet in the 2013-2014 General
  537  Appropriations Act, the Department of Management Services,
  538  together with the agencies that have the existing lease
  539  contracts, shall use tenant broker services to renegotiate or
  540  reprocure all private lease agreements expiring between July 1,
  541  2014, and June 30, 2016, in order to achieve a cost reduction in
  542  future years. The department shall incorporate this initiative
  543  into its 2013 Master Leasing Report and may use tenant broker
  544  services to explore the possibilities of collocation, to review
  545  the space needs of each agency, and to review the length and
  546  terms of potential renewals or renegotiations. The department
  547  shall provide a report by March 1, 2014, to the Executive Office
  548  of the Governor, the President of the Senate, and the Speaker of
  549  the House of Representatives which lists each lease contract for
  550  private office or storage space, the status of renegotiations,
  551  and the savings achieved. This section expires July 1, 2014.
  552         Section 18. In order to implement Specific Appropriations
  553  3073A through 3073L of the 2013-2014 General Appropriations Act,
  554  and notwithstanding s. 215.199(2), Florida Statutes, funds
  555  available in the Audit and Warrant Clearing Trust Fund for
  556  subsequent distribution to the General Revenue Fund shall be
  557  available to the tax collection service provider, as defined in
  558  s. 443.036, Florida Statutes, who shall make the interest
  559  payment required under s. 443.131(5), Florida Statutes, to the
  560  Federal Government in the amount directed by the Governor or the
  561  Governor’s designee.
  562         Section 19. In order to implement Specific Appropriations
  563  1619 and 1681A of the 2013-2014 General Appropriations Act,
  564  paragraph (b) of subsection (3) of section 375.041, Florida
  565  Statutes, is amended, and paragraph (c) is added to that
  566  subsection, to read:
  567         375.041 Land Acquisition Trust Fund.—
  568         (3)
  569         (b) In addition to the uses allowed under paragraph (a),
  570  for the 2013-2014 2012-2013 fiscal year, moneys in the Land
  571  Acquisition Trust Fund may be transferred are authorized for
  572  transfer to support the Total Maximum Daily Loads Program,
  573  Drinking Water Revolving Loan Trust Fund, and Wastewater
  574  Treatment and Stormwater Management Revolving Loan Trust Fund as
  575  provided in the General Appropriations Act. This paragraph
  576  expires July 1, 2014 2013.
  577         (c) For the 2013-2014 fiscal year only, moneys in the Land
  578  Acquisition Trust Fund may be transferred to the Save Our
  579  Everglades Trust Fund for Everglades restoration. This paragraph
  580  expires July 1, 2014.
  581         Section 20. In order to implement Specific Appropriation
  582  1596A and 1599 of the 2013-2014 General Appropriations Act,
  583  subsection (12) of section 373.59, Florida Statutes, is amended
  584  to read:
  585         373.59 Water Management Lands Trust Fund.—
  586         (12) Notwithstanding subsection (8), and for the 2013-2014
  587  2012-2013 fiscal year only, the moneys from the Water Management
  588  Lands Trust Fund are allocated as follows:
  589         (a) An amount necessary to pay debt service on bonds issued
  590  before February 1, 2009, by the South Florida Water Management
  591  District and the St. Johns River Water Management District,
  592  which are secured by revenues provided pursuant to this section,
  593  or to fund debt service reserve funds, rebate obligations, or
  594  other amounts payable with respect to such bonds;
  595         (b) Eight million dollars to be transferred to the General
  596  Revenue Fund; and
  597         (c) Three million dollars to be distributed to the Suwannee
  598  River Water Management District for springs restoration and
  599  protection projects;
  600         (d) Moneys in the Water Management Lands Trust Fund may be
  601  transferred to the Save Our Everglades Trust Fund for Everglades
  602  Restoration; and
  603         (e)(c) The remaining appropriation to be distributed to the
  604  Suwannee River Water Management District.
  605  
  606  This subsection expires July 1, 2014 2013.
  607         Section 21. In order to implement Specific Appropriation
  608  1600 of the 2013-2014 General Appropriations Act, the recurring
  609  $12 million appropriated from the General Revenue Fund and the
  610  recurring $20 million appropriated from the Water Management
  611  Lands Trust Fund to the Department of Environmental Protection
  612  for the Restoration Strategies Regional Water Quality Plan
  613  contained in Committee Substitute for Senate Bill 768, or
  614  similar legislation enacted during the 2013 Regular Session of
  615  the Legislature, shall be deposited into the Save Our Everglades
  616  Trust Fund within the department to be spent for the Restoration
  617  Strategies Regional Water Quality Plan, pursuant to Specific
  618  Appropriation 1600.
  619         Section 22. In order to implement Specific Appropriation
  620  1671 of the 2013-2014 General Appropriations Act, subsection (5)
  621  of section 403.7095, Florida Statutes, is amended to read:
  622         403.7095 Solid waste management grant program.—
  623         (5) Notwithstanding any other provision of this section,
  624  and for the 2013-2014 2012-2013 fiscal year only, the Department
  625  of Environmental Protection shall award the sum of $2,400,000 in
  626  grants equally to counties having populations of fewer than
  627  100,000 for waste tire and litter prevention, recycling
  628  education, and general solid waste programs. This subsection
  629  expires July 1, 2014 2013.
  630         Section 23. In order to implement Specific Appropriation
  631  1681B of the 2013-2014 General Appropriations Act, paragraph (m)
  632  of subsection (3) of section 259.105, Florida Statutes, is
  633  amended to read:
  634         259.105 The Florida Forever Act.—
  635         (3) Less the costs of issuing and the costs of funding
  636  reserve accounts and other costs associated with bonds, the
  637  proceeds of cash payments or bonds issued pursuant to this
  638  section shall be deposited into the Florida Forever Trust Fund
  639  created by s. 259.1051. The proceeds shall be distributed by the
  640  Department of Environmental Protection in the following manner:
  641         (m) Notwithstanding paragraphs (a)-(j) and for the 2013
  642  2014 2012-2013 fiscal year only, $10 million the moneys
  643  appropriated from the Florida Forever Trust Fund shall be
  644  distributed only to the Division of State Lands within the
  645  Department of Environmental Protection for Board of Trustees
  646  Florida Forever Priority List land acquisition projects that
  647  provide conservation lands to protect the state’s military
  648  installations against encroachment land acquisitions that are
  649  less-than-fee interest or for partnerships in which the state’s
  650  portion of the acquisition cost is no more than 50 percent. This
  651  paragraph expires July 1, 2014 2013.
  652         Section 24. In order to implement Specific Appropriation
  653  1835A of the 2013-2014 General Appropriations Act, paragraph (i)
  654  is added to subsection (4) of section 339.135, Florida Statutes,
  655  and paragraph (d) is added to subsection (5) of that section, to
  656  read:
  657         339.135 Work program; legislative budget request;
  658  definitions; preparation, adoption, execution, and amendment.—
  659         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
  660         (i) Notwithstanding paragraph (a), and for the 2013-2014
  661  fiscal year only, the Department of Transportation may use
  662  appropriated funds for the purpose of funding the costs of land
  663  acquisition, design, and construction of multiuse trails and
  664  related facilities. Funds specifically appropriated for this
  665  purpose may not reduce, delete, or defer any existing projects
  666  funded as of July 1, 2013, in the Department of Transportation
  667  5-year work program. This paragraph expires July 1, 2014.
  668         (5) ADOPTION OF THE WORK PROGRAM.—
  669         (d) Notwithstanding paragraph (a), and for the 2013-2014
  670  fiscal year only, the Department of Transportation may use
  671  appropriated funds for the purpose of funding the costs of land
  672  acquisition, design, and construction of multiuse trails and
  673  related facilities. Funds specifically appropriated for this
  674  purpose may not reduce, delete, or defer any existing projects
  675  funded as of July 1, 2013, in the Department of Transportation
  676  5-year work program. This paragraph expires July 1, 2014.
  677         Section 25. In order to implement Specific Appropriation
  678  1835A of the 2013-2014 General Appropriations Act, subsection
  679  (4) is added to section 335.065, Florida Statutes, to read:
  680         335.065 Bicycle and pedestrian ways along state roads and
  681  transportation facilities.—
  682         (4) Notwithstanding any other provision of law, the
  683  department may use funds specifically appropriated for the
  684  purpose of the acquisition and development of an integrated
  685  system of interconnected multiuse trails of statewide
  686  significance and to pay the costs of land acquisition, design,
  687  and construction of trails and related facilities. When
  688  selecting projects for funding under this section, the
  689  department shall give priority to trail projects that have been
  690  identified by the Florida Greenways and Trails Council as a
  691  priority within the Florida Greenways and Trails System pursuant
  692  to chapter 260 and shall provide trail connectivity by
  693  eliminating gaps between existing trails. All projects funded
  694  under this section shall be included in the department’s work
  695  program developed pursuant to s. 339.135. This subsection
  696  expires July 1, 2014.
  697         Section 26. In order to implement Specific Appropriation
  698  1827 of the 2013-2014 General Appropriations Act, present
  699  paragraph (n) of subsection (1) of section 339.08, Florida
  700  Statutes, is redesignated as paragraph (o), and a new paragraph
  701  (n) is added to that subsection, to read:
  702         339.08 Use of moneys in State Transportation Trust Fund.—
  703         (1) The department shall expend moneys in the State
  704  Transportation Trust Fund accruing to the department, in
  705  accordance with its annual budget. The use of such moneys shall
  706  be restricted to the following purposes:
  707         (n) To pay administrative expenses incurred in accordance
  708  with applicable laws by the multicounty transportation authority
  709  created under chapter 343 where the jurisdiction for the
  710  authority includes a portion of the State Highway System and the
  711  expenses are in furtherance of the provisions of chapter 2012
  712  174, Laws of Florida, to provide a financial analysis of the
  713  cost savings to be achieved by the consolidation of transit
  714  authorities within the region. This paragraph expires July 1,
  715  2014.
  716         Section 27. In order to implement the appropriation of
  717  funds in appropriation category “Special Categories-Risk
  718  Management Insurance” in the 2013-2014 General Appropriations
  719  Act, and pursuant to the notice, review, and objection
  720  procedures of s. 216.177, Florida Statutes, the Executive Office
  721  of the Governor may transfer funds appropriated in that category
  722  between departments in order to align the budget authority
  723  granted with the premiums paid by each department for risk
  724  management insurance. This section expires July 1, 2014.
  725         Section 28. In order to implement the appropriation of
  726  funds in the appropriation category “Special Categories-Transfer
  727  to Department of Management Services-Human Resources Services
  728  Purchased Per Statewide Contract” in the 2013-2014 General
  729  Appropriations Act, and pursuant to the notice, review, and
  730  objection procedures of s. 216.177, Florida Statutes, the
  731  Executive Office of the Governor may transfer funds appropriated
  732  in that category between departments in order to align the
  733  budget authority granted with the assessments that must be paid
  734  by each agency to the Department of Management Services for
  735  human resource management services. This section expires July 1,
  736  2014.
  737         Section 29. In order to implement specific appropriations
  738  for salaries and benefits in the 2013-2014 General
  739  Appropriations Act, paragraph (a) of subsection (12) of section
  740  110.123, Florida Statutes, is amended to read:
  741         110.123 State group insurance program.—
  742         (12) HEALTH SAVINGS ACCOUNTS.—The department is authorized
  743  to establish health savings accounts for full-time and part-time
  744  state employees in association with a health insurance plan
  745  option authorized by the Legislature and conforming to the
  746  requirements and limitations of federal provisions relating to
  747  the Medicare Prescription Drug, Improvement, and Modernization
  748  Act of 2003.
  749         (a)1. A member participating in this health insurance plan
  750  option is eligible to receive an employer contribution into the
  751  employee’s health savings account from the State Employees
  752  Health Insurance Trust Fund in an amount to be determined by the
  753  Legislature. A member is not eligible for an employer
  754  contribution upon termination of employment. For the 2013-2014
  755  2012-2013 fiscal year, the state’s monthly contribution for
  756  employees having individual coverage shall be $41.66 and the
  757  monthly contribution for employees having family coverage shall
  758  be $83.33.
  759         2. A member participating in this health insurance plan
  760  option is eligible to deposit the member’s own funds into a
  761  health savings account.
  762         Section 30. In order to implement specific appropriations
  763  for salaries and benefits in the 2013-2014 General
  764  Appropriations Act, subsection (6) of section 112.24, Florida
  765  Statutes, is amended to read:
  766         112.24 Intergovernmental interchange of public employees.
  767  To encourage economical and effective utilization of public
  768  employees in this state, the temporary assignment of employees
  769  among agencies of government, both state and local, and
  770  including school districts and public institutions of higher
  771  education is authorized under terms and conditions set forth in
  772  this section. State agencies, municipalities, and political
  773  subdivisions are authorized to enter into employee interchange
  774  agreements with other state agencies, the Federal Government,
  775  another state, a municipality, or a political subdivision
  776  including a school district, or with a public institution of
  777  higher education. State agencies are also authorized to enter
  778  into employee interchange agreements with private institutions
  779  of higher education and other nonprofit organizations under the
  780  terms and conditions provided in this section. In addition, the
  781  Governor or the Governor and Cabinet may enter into employee
  782  interchange agreements with a state agency, the Federal
  783  Government, another state, a municipality, or a political
  784  subdivision including a school district, or with a public
  785  institution of higher learning to fill, subject to the
  786  requirements of chapter 20, appointive offices which are within
  787  the executive branch of government and which are filled by
  788  appointment by the Governor or the Governor and Cabinet. Under
  789  no circumstances shall employee interchange agreements be
  790  utilized for the purpose of assigning individuals to participate
  791  in political campaigns. Duties and responsibilities of
  792  interchange employees shall be limited to the mission and goals
  793  of the agencies of government.
  794         (6) For the 2013-2014 2012-2013 fiscal year only, the
  795  assignment of an employee of a state agency as provided in this
  796  section may be made if recommended by the Governor or Chief
  797  Justice, as appropriate, and approved by the chairs of the
  798  legislative appropriations committees. Such actions shall be
  799  deemed approved if neither chair provides written notice of
  800  objection within 14 days after the chair’s receiving notice of
  801  the action pursuant to s. 216.177. This subsection expires July
  802  1, 2014 2013.
  803         Section 31. In order to implement Specific Appropriations
  804  2550 and 2551 of the 2013-2014 General Appropriations Act and
  805  notwithstanding s. 11.13(1), Florida Statutes, the authorized
  806  salaries for members of the Legislature for the 2013-2014 fiscal
  807  year shall be set at the same level in effect on July 1, 2010.
  808  This section expires July 1, 2014.
  809         Section 32. In order to implement the transfer of funds to
  810  the General Revenue Fund from trust funds in the 2013-2014
  811  General Appropriations Act, paragraph (b) of subsection (2) of
  812  section 215.32, Florida Statutes, is reenacted to read:
  813         215.32 State funds; segregation.—
  814         (2) The source and use of each of these funds shall be as
  815  follows:
  816         (b)1. The trust funds shall consist of moneys received by
  817  the state which under law or under trust agreement are
  818  segregated for a purpose authorized by law. The state agency or
  819  branch of state government receiving or collecting such moneys
  820  is responsible for their proper expenditure as provided by law.
  821  Upon the request of the state agency or branch of state
  822  government responsible for the administration of the trust fund,
  823  the Chief Financial Officer may establish accounts within the
  824  trust fund at a level considered necessary for proper
  825  accountability. Once an account is established, the Chief
  826  Financial Officer may authorize payment from that account only
  827  upon determining that there is sufficient cash and releases at
  828  the level of the account.
  829         2. In addition to other trust funds created by law, to the
  830  extent possible, each agency shall use the following trust funds
  831  as described in this subparagraph for day-to-day operations:
  832         a. Operations or operating trust fund, for use as a
  833  depository for funds to be used for program operations funded by
  834  program revenues, with the exception of administrative
  835  activities when the operations or operating trust fund is a
  836  proprietary fund.
  837         b. Operations and maintenance trust fund, for use as a
  838  depository for client services funded by third-party payors.
  839         c. Administrative trust fund, for use as a depository for
  840  funds to be used for management activities that are departmental
  841  in nature and funded by indirect cost earnings and assessments
  842  against trust funds. Proprietary funds are excluded from the
  843  requirement of using an administrative trust fund.
  844         d. Grants and donations trust fund, for use as a depository
  845  for funds to be used for allowable grant or donor agreement
  846  activities funded by restricted contractual revenue from private
  847  and public nonfederal sources.
  848         e. Agency working capital trust fund, for use as a
  849  depository for funds to be used pursuant to s. 216.272.
  850         f. Clearing funds trust fund, for use as a depository for
  851  funds to account for collections pending distribution to lawful
  852  recipients.
  853         g. Federal grant trust fund, for use as a depository for
  854  funds to be used for allowable grant activities funded by
  855  restricted program revenues from federal sources.
  856  
  857  To the extent possible, each agency must adjust its internal
  858  accounting to use existing trust funds consistent with the
  859  requirements of this subparagraph. If an agency does not have
  860  trust funds listed in this subparagraph and cannot make such
  861  adjustment, the agency must recommend the creation of the
  862  necessary trust funds to the Legislature no later than the next
  863  scheduled review of the agency’s trust funds pursuant to s.
  864  215.3206.
  865         3. All such moneys are hereby appropriated to be expended
  866  in accordance with the law or trust agreement under which they
  867  were received, subject always to the provisions of chapter 216
  868  relating to the appropriation of funds and to the applicable
  869  laws relating to the deposit or expenditure of moneys in the
  870  State Treasury.
  871         4.a. Notwithstanding any provision of law restricting the
  872  use of trust funds to specific purposes, unappropriated cash
  873  balances from selected trust funds may be authorized by the
  874  Legislature for transfer to the Budget Stabilization Fund and
  875  General Revenue Fund in the General Appropriations Act.
  876         b. This subparagraph does not apply to trust funds required
  877  by federal programs or mandates; trust funds established for
  878  bond covenants, indentures, or resolutions whose revenues are
  879  legally pledged by the state or public body to meet debt service
  880  or other financial requirements of any debt obligations of the
  881  state or any public body; the Division of Licensing Trust Fund
  882  in the Department of Agriculture and Consumer Services; the
  883  State Transportation Trust Fund; the trust fund containing the
  884  net annual proceeds from the Florida Education Lotteries; the
  885  Florida Retirement System Trust Fund; trust funds under the
  886  management of the State Board of Education or the Board of
  887  Governors of the State University System, where such trust funds
  888  are for auxiliary enterprises, self-insurance, and contracts,
  889  grants, and donations, as those terms are defined by general
  890  law; trust funds that serve as clearing funds or accounts for
  891  the Chief Financial Officer or state agencies; trust funds that
  892  account for assets held by the state in a trustee capacity as an
  893  agent or fiduciary for individuals, private organizations, or
  894  other governmental units; and other trust funds authorized by
  895  the State Constitution.
  896         Section 33. The amendment to s. 215.32(2)(b), Florida
  897  Statutes, as carried forward by this act from chapter 2011-47,
  898  Laws of Florida, shall expire July 1, 2014, and the text of that
  899  paragraph shall revert to that in existence on June 30, 2011,
  900  except that any amendments to such text enacted other than by
  901  this act shall be preserved and continue to operate to the
  902  extent that such amendments are not dependent upon the portions
  903  of text which expire pursuant to this section.
  904         Section 34. In order to implement the transfer of moneys to
  905  the General Revenue Fund from trust funds in the 2013-2014
  906  General Appropriations Act, paragraph (b) of subsection (4) of
  907  section 215.5601, Florida Statutes, is reenacted to read:
  908         215.5601 Lawton Chiles Endowment Fund.—
  909         (4) ADMINISTRATION.—
  910         (b) The endowment shall be managed as an annuity. The
  911  investment objective is the long-term preservation of the real
  912  value of the net contributed principal and a specified regular
  913  annual cash outflow for appropriation, as nonrecurring revenue.
  914  From the annual cash outflow, a pro rata share shall be used
  915  solely for biomedical research activities as provided in
  916  paragraph (3)(d), until such time as cures are found for
  917  tobacco-related cancer and heart and lung disease. Five percent
  918  of the annual cash outflow dedicated to the biomedical research
  919  portion of the endowment shall be reinvested and applied to that
  920  portion of the endowment’s principal, with the remainder to be
  921  spent on biomedical research activities consistent with this
  922  section. The schedule of annual cash outflow must be included
  923  within the investment plan adopted under paragraph (a).
  924  Withdrawals other than specified regular cash outflow are
  925  considered reductions in contributed principal for the purposes
  926  of this subsection.
  927         Section 35. The amendment to s. 215.5601(4)(b), Florida
  928  Statutes, as carried forward by this act from chapter 2011-47,
  929  Laws of Florida, expires July 1, 2014, and the text of that
  930  paragraph shall revert to that in existence on June 30, 2010,
  931  except that any amendments to such text enacted other than by
  932  this act shall be preserved and continue to operate to the
  933  extent that such amendments are not dependent upon the portions
  934  of text which expire pursuant to this section.
  935         Section 36. In order to implement the issuance of new debt
  936  authorized in the 2013-2014 General Appropriations Act, and
  937  pursuant to s. 215.98, Florida Statutes, the Legislature
  938  determines that the authorization and issuance of debt for the
  939  2013-2014 fiscal year should be implemented, is in the best
  940  interest of the state, and necessary to address a critical state
  941  emergency. This section expires July 1, 2014.
  942         Section 37. In order to implement the funds appropriated in
  943  the 2013-2014 General Appropriations Act for state employee
  944  travel, the funds appropriated to each state agency, which may
  945  be used for travel by state employees, shall be limited during
  946  the 2013-2014 fiscal year to travel for activities that are
  947  critical to each state agency’s mission. Funds may not be used
  948  for travel by state employees to foreign countries, other
  949  states, conferences, staff-training activities, or other
  950  administrative functions unless the agency head has approved, in
  951  writing, that such activities are critical to the agency’s
  952  mission. The agency head shall consider using teleconferencing
  953  and other forms of electronic communication to meet the needs of
  954  the proposed activity before approving mission-critical travel.
  955  This section does not apply to travel for law enforcement
  956  purposes, military purposes, emergency management activities, or
  957  public health activities. This section expires July 1, 2014.
  958         Section 38. In order to implement appropriations authorized
  959  in the 2013-2014 General Appropriations Act for data center
  960  services scheduled for consolidation in the 2013-2014 fiscal
  961  year, and pursuant to the notice, review, and objection
  962  procedures of s. 216.177, Florida Statutes, the consolidating
  963  agencies may request the transfer of resources between Data
  964  Processing Services appropriation categories and the
  965  appropriation categories for operations based upon changes to
  966  the consolidation schedule. This section expires July 1, 2014.
  967         Section 39. In order to implement appropriations authorized
  968  in the 2013-2014 General Appropriations Act for each of the
  969  state’s designated primary data centers funded from the data
  970  processing appropriation category for computing services of user
  971  agencies, and pursuant to the notice, review, and objection
  972  procedures of s. 216.177, Florida Statutes, the Executive Office
  973  of the Governor may transfer funds appropriated for data
  974  processing in the 2013-2014 General Appropriations Act between
  975  agencies in order to align the budget authority granted with the
  976  utilization rate of each department. This section expires July
  977  1, 2014.
  978         Section 40. In order to implement section 8 of the General
  979  Appropriations Act for the 2013-2014 fiscal year, paragraph (b)
  980  of subsection (2) and paragraph (a) of subsection (7) of section
  981  110.12315, Florida Statutes, as amended by section 52 of chapter
  982  2012-119, Laws of Florida, are reenacted to read:
  983         110.12315 Prescription drug program.—The state employees’
  984  prescription drug program is established. This program shall be
  985  administered by the Department of Management Services, according
  986  to the terms and conditions of the plan as established by the
  987  relevant provisions of the annual General Appropriations Act and
  988  implementing legislation, subject to the following conditions:
  989         (2) In providing for reimbursement of pharmacies for
  990  prescription medicines dispensed to members of the state group
  991  health insurance plan and their dependents under the state
  992  employees’ prescription drug program:
  993         (b) There shall be a 30-day supply limit for prescription
  994  card purchases and 90-day supply limit for mail order or mail
  995  order prescription drug purchases. The Department of Management
  996  Services may implement a 90-day supply limit program for certain
  997  maintenance drugs as determined by the department at retail
  998  pharmacies participating in the program if the department
  999  determines it to be in the best financial interest of the state.
 1000         (7) Under the state employees’ prescription drug program
 1001  copayments must be made as follows:
 1002         (a) Effective January 1, 2012, for the State Group Health
 1003  Insurance Standard Plan:
 1004         1. For generic drug with card	$7.
 1005         2. For preferred brand name drug with card	$30.
 1006         3. For nonpreferred brand name drug with card	$50.
 1007         4. For generic mail order drug	$14.
 1008         5. For preferred brand name mail order drug	$60.
 1009         6. For nonpreferred brand name mail order drug	$100.
 1010         Section 41. Section 53 of chapter 2012-119, Laws of
 1011  Florida, is repealed.
 1012         Section 42. Any section of this act which implements a
 1013  specific appropriation or specifically identified proviso
 1014  language in the 2013-2014 General Appropriations Act is void if
 1015  the specific appropriation or specifically identified proviso
 1016  language is vetoed. Any section of this act which implements
 1017  more than one specific appropriation or more than one portion of
 1018  specifically identified proviso language in the 2013-2014
 1019  General Appropriations Act is void if all the specific
 1020  appropriations or portions of specifically identified proviso
 1021  language are vetoed.
 1022         Section 43. If any other act passed during the 2013 Regular
 1023  Session contains a provision that is substantively the same as a
 1024  provision in this act, but that removes or is otherwise not
 1025  subject to the future repeal applied to such provision by this
 1026  act, the Legislature intends that the provision in the other act
 1027  takes precedence and continues to operate, notwithstanding the
 1028  future repeal provided by this act.
 1029         Section 44. If any provision of this act or its application
 1030  to any person or circumstance is held invalid, the invalidity
 1031  does not affect other provisions or applications of the act
 1032  which can be given effect without the invalid provision or
 1033  application, and to this end the provisions of this act are
 1034  severable.
 1035         Section 45. Except as otherwise expressly provided in this
 1036  act and except for this section, which shall take effect upon
 1037  this act becoming a law, this act shall take effect July 1,
 1038  2013; or, if this act fails to become a law until after that
 1039  date, it shall take effect upon becoming a law and operate
 1040  retroactively to July 1, 2013.