Senate Bill sb2802

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 2802

    By the Committee on Fiscal Policy and Calendar Committee





    576-2193B-07

  1                      A bill to be entitled

  2         An act implementing the 2007-2008 General

  3         Appropriations Act; providing legislative

  4         intent; providing for use of specified

  5         calculations with respect to the Florida

  6         Education Finance Program; requiring that funds

  7         appropriated for forensic mental health

  8         treatment services be allocated to the areas of

  9         the state having the greatest demand for

10         services and treatment capacity; requiring the

11         Department of Children and Family Services to

12         ensure that certain information regarding child

13         welfare cases is entered into the Florida Safe

14         Families Network; requiring that the department

15         coordinate with the Office of the State Courts

16         Administrator and the Statewide Guardian Ad

17         Litem Office in order to provide judges,

18         magistrates, and guardians ad litem with access

19         to such information; requiring that the

20         department report its progress on providing

21         such access to the Governor and Legislature;

22         providing for future expiration; authorizing

23         the Department of Corrections and the

24         Department of Juvenile Justice to make certain

25         expenditures to defray costs incurred by a

26         municipality or county as a result of opening

27         or operating a facility under authority of the

28         respective department; amending s. 216.262,

29         F.S.; providing for additional positions to

30         operate additional prison bed capacity under

31         certain circumstances; amending s. 216.292,

                                  1

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1         F.S.; authorizing certain transfers of

 2         appropriations for operations from general

 3         revenue between budget categories and entities

 4         of the criminal conflict and civil regional

 5         counsels and the budget category for child

 6         dependency and civil conflict cases within the

 7         Justice Administrative Commission; providing

 8         for future expiration of such provisions;

 9         authorizing the Department of Legal Affairs to

10         expend appropriated funds on programs funded in

11         the preceding fiscal year; amending s.

12         932.7055, F.S.; providing for the expenditure

13         of funds in a special law enforcement trust

14         fund established by the governing body of a

15         municipality; authorizing the Executive Office

16         of the Governor to transfer funds between

17         departments for purposes of aligning amounts

18         paid for risk management premiums and for

19         purposes of aligning amounts paid for human

20         resource management services; reenacting s.

21         287.17(3)(a) and (6), F.S.; authorizing the use

22         of state aircraft for commuting; providing for

23         the future expiration of certain amendments to

24         such provisions; amending s. 255.249, F.S.;

25         requiring the Department of Management Services

26         to annually publish and furnish to the Governor

27         and the Legislature a master leasing report;

28         deleting provisions requiring the department to

29         submit a report of leases that are due to

30         expire and amendments and supplements to and

31         waivers of the terms and conditions of lease

                                  2

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1         agreements; requiring state agencies to provide

 2         information concerning space needs to the

 3         Department of Management Services; delaying the

 4         expiration of provisions requiring that

 5         specified clauses, which may not be amended,

 6         supplemented, or waived, be included in the

 7         terms and conditions of a lease; authorizing

 8         the Department of Management Services to

 9         contract for services in carrying out the

10         strategic leasing plan; providing for future

11         expiration of such provisions; amending s.

12         255.25, F.S.; authorizing state agencies to use

13         the services of a tenant broker; authorizing

14         the department to procure a term contract for

15         real estate consulting and brokerage services;

16         providing requirements for such contract;

17         providing for future expiration of such

18         provisions; requiring an annual report to the

19         Legislature and the Governor; amending s.

20         255.503, F.S.; requiring that the department

21         provide an analysis to the Legislature, the

22         Governor, and the Division of Bond Finance of

23         the State Board of Administration relating to

24         the disposition of a facility within the

25         Florida Facilities Pool; directing the

26         Department of Environmental Protection to make

27         specified awards of grant moneys for

28         pollution-control purposes; amending s.

29         320.08058, F.S.; revising requirements for

30         distributing the proceeds from the annual use

31         fee for the Florida panther license plate;

                                  3

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1         providing for future expiration of such

 2         revision; amending s. 550.135, F.S.; revising

 3         the distribution of revenues deposited into the

 4         Pari-mutuel Wagering Trust Fund; providing for

 5         such funds to be used for additional purposes

 6         relating to the regulation of slot machine

 7         gaming; requiring that certain unappropriated

 8         funds be deposited into the General Revenue

 9         Fund; providing for future expiration of such

10         provisions; amending s. 581.031, F.S.;

11         authorizing the Department of Agriculture and

12         Consumer Services to conduct research projects

13         concerning citrus disease; providing for future

14         expiration of such authorization; amending s.

15         570.20, F.S.; authorizing moneys in the General

16         Inspection Trust Fund to be appropriated for

17         certain programs operated by the Department of

18         Agriculture and Consumer Services; amending s.

19         320.08058, F.S.; authorizing proceeds from the

20         Professional Sports Development Trust Fund to

21         be used for operational expenses of the Florida

22         Sports Foundation and financial support of the

23         Sunshine State Games; amending s. 253.034,

24         F.S.; authorizing the deposit of funds from the

25         sale of property located in Palm Beach County

26         into the Highway Safety Operating Trust Fund by

27         the Department of Highway Safety and Motor

28         Vehicles; amending s. 311.22, F.S.; prescribing

29         the required matching funds for dredging

30         projects that meet specified conditions;

31         extending the period for a local government to

                                  4

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1         apply to the Executive Office of the Governor

 2         for a waiver of certain requirements governing

 3         matching funding for public assistance

 4         projects; providing a finding that the

 5         authorization and issuance of certain debt is

 6         in the best interest of the state; providing

 7         for the effect of a veto of one or more

 8         specific appropriations or proviso to which

 9         implementing language refers; providing for the

10         continued operation of certain provisions

11         notwithstanding a future repeal or expiration

12         provided by the act; providing for

13         severability; providing effective dates.

14  

15  Be It Enacted by the Legislature of the State of Florida:

16  

17         Section 1.  It is the intent of the Legislature that

18  the implementing and administering provisions of this act

19  apply to the General Appropriations Act for the 2007-2008

20  fiscal year.

21         Section 2.  In order to implement Specific

22  Appropriations 7, 8, and 86 through 91 of the 2007-2008

23  General Appropriations Act, the calculations of the Florida

24  Education Finance Program for the 2007-2008 fiscal year in the

25  document entitled "Public School Funding--The Florida

26  Education Finance Program" dated _________, and filed with the

27  Secretary of the Senate are incorporated by reference for the

28  purpose of displaying the calculations used by the

29  Legislature, consistent with the requirements of the Florida

30  Statutes, in making appropriations for the Florida Education

31  Finance Program.

                                  5

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1         Section 3.  In order to implement Specific

 2  Appropriation 388 of the 2007-2008 General Appropriations Act,

 3  and notwithstanding s. 394.908(3)(a) and (b), Florida

 4  Statutes, funds appropriated for forensic mental health

 5  treatment services in Specific Appropriation 388 shall be

 6  allocated to the areas of the state having the greatest demand

 7  for services and treatment capacity. This section expires July

 8  1, 2008.

 9         Section 4.  In order to implement Specific

10  Appropriations 311 and 321 of the 2007-2008 General

11  Appropriations Act, the Department of Children and Family

12  Services shall ensure that all public and private agencies and

13  institutions participating in child welfare cases enter

14  information specified by rule of the department into the

15  Florida Safe Families Network in order to maintain the

16  accuracy and usefulness of the system. The Florida Safe

17  Families Network is intended to be the department's automated

18  child welfare case-management system designed to provide child

19  welfare workers with a mechanism for managing child welfare

20  cases more efficiently and tracking children and families more

21  effectively. The department shall coordinate with the Office

22  of the State Courts Administrator and the Statewide Guardian

23  Ad Litem Office for the purpose of providing any judge or

24  magistrate and any guardian ad litem assigned to a dependency

25  court case with access to information in the Florida Safe

26  Families Network relating to a child welfare case which is

27  required to be filed with the court pursuant to chapter 39,

28  Florida Statutes, by the date of the network's release during

29  the 2007-2008 fiscal year. The department shall report to the

30  Governor, the President of the Senate, and the Speaker of the

31  House of Representatives by February 1, 2008, with respect to

                                  6

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1  progress on providing access to the Florida Safe Families

 2  Network as provided in this section. This section expires July

 3  1, 2008.

 4         Section 5.  In order to fulfill legislative intent

 5  regarding the use of funds contained in Specific

 6  Appropriations 741, 755, 766, and 1232 of the 2007-2008

 7  General Appropriations Act, the Department of Corrections and

 8  the Department of Juvenile Justice may expend appropriated

 9  funds to assist in defraying the costs of impacts that are

10  incurred by a municipality or county and associated with

11  opening or operating a facility under the authority of the

12  respective department which is located within that

13  municipality or county. The amount that is to be paid under

14  this section for any facility may not exceed 1 percent of the

15  facility construction cost, less building impact fees imposed

16  by the municipality or by the county if the facility is

17  located in the unincorporated portion of the county. This

18  section expires July 1, 2008.

19         Section 6.  In order to implement Specific

20  Appropriations 730 through 830 and 868 through 899 of the

21  2007-2008 General Appropriations Act, subsection (4) of

22  section 216.262, Florida Statutes, is amended to read:

23         216.262  Authorized positions.--

24         (4)  Notwithstanding the provisions of this chapter on

25  increasing the number of authorized positions, and for the

26  2007-2008 2006-2007 fiscal year only, if the actual inmate

27  population of the Department of Corrections exceeds the inmate

28  population projections of the February 16, 2007 March 21,

29  2006, Criminal Justice Estimating Conference by 1 percent for

30  2 consecutive months or 2 percent for any month, the Executive

31  Office of the Governor, with the approval of the Legislative

                                  7

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1  Budget Commission, shall immediately notify the Criminal

 2  Justice Estimating Conference, which shall convene as soon as

 3  possible to revise the estimates. The Department of

 4  Corrections may then submit a budget amendment requesting the

 5  establishment of positions in excess of the number authorized

 6  by the Legislature and additional appropriations from

 7  unallocated general revenue sufficient to provide for

 8  essential staff, fixed capital improvements, and other

 9  resources to provide classification, security, food services,

10  health services, and other variable expenses within the

11  institutions to accommodate the estimated increase in the

12  inmate population. All actions taken pursuant to the authority

13  granted in this subsection shall be subject to review and

14  approval by the Legislative Budget Commission. This subsection

15  expires July 1, 2008 2007.

16         Section 7.  In order to implement Specific

17  Appropriations 908, 913, 915, and 1161C through 1161AK of the

18  2007-2008 General Appropriations Act, paragraphs (c), (d), and

19  (e) are added to subsection (3) of section 216.292, Florida

20  Statutes, to read:

21         216.292  Appropriations nontransferable; exceptions.--

22         (3)  The following transfers are authorized with the

23  approval of the Executive Office of the Governor for the

24  executive branch or the Chief Justice for the judicial branch,

25  subject to the notice and objection provisions of s. 216.177:

26         (c)  The transfer of appropriations for operations from

27  general revenue between categories of appropriations within

28  each criminal conflict and civil regional counsel budget

29  entity. This paragraph expires July 1, 2008.

30  

31  

                                  8

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1         (d)  The transfer of appropriations for operations from

 2  general revenue between criminal conflict and civil regional

 3  counsel budget entities. This paragraph expires July 1, 2008.

 4         (e)  The transfer of appropriations for operations from

 5  general revenue between criminal conflict and civil regional

 6  counsel budget entities and the child dependency and civil

 7  conflict case appropriation category and the criminal conflict

 8  case costs appropriation category within the Justice

 9  Administrative Commission. This paragraph expires July 1,

10  2008.

11         Section 8.  In order to implement Specific

12  Appropriations 1388 and 1389 of the 2007-2008 General

13  Appropriations Act, the Department of Legal Affairs is

14  authorized to expend appropriated funds in Specific

15  Appropriations 1388 and 1389 on the same programs that were

16  funded by the department pursuant to specific appropriations

17  made in general appropriations acts in prior years.

18         Section 9.  In order to implement Specific

19  Appropriation 1297 of the 2007-2008 General Appropriations

20  Act, paragraph (d) of subsection (4) of section 932.7055,

21  Florida Statutes, is amended to read:

22         932.7055  Disposition of liens and forfeited

23  property.--

24         (4)  The proceeds from the sale of forfeited property

25  shall be disbursed in the following priority:

26         (d)  Notwithstanding any other provision of this

27  subsection, and for the 2007-2008 2006-2007 fiscal year only,

28  the funds in a special law enforcement trust fund established

29  by the governing body of a municipality may be expended to

30  reimburse the general fund of the municipality for moneys

31  advanced from the general fund to the special law enforcement

                                  9

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1  trust fund prior to October 1, 2001. This paragraph expires

 2  July 1, 2008 2007.

 3         Section 10.  In order to implement the appropriation of

 4  funds in Special Categories-Risk Management Insurance of the

 5  2007-2008 General Appropriations Act, and pursuant to the

 6  notice, review, and objection procedures of s. 216.177,

 7  Florida Statutes, the Executive Office of the Governor is

 8  authorized to transfer funds appropriated in the appropriation

 9  category "Special Categories-Risk Management Insurance" of the

10  2007-2008 General Appropriations Act between departments in

11  order to align the budget authority granted with the premiums

12  paid by each department for risk management insurance. This

13  section expires July 1, 2008.

14         Section 11.  In order to implement the appropriation of

15  funds in Special Categories-Transfer to Department of

16  Management Services-Human Resources Services Purchased Per

17  Statewide Contract of the 2007-2008 General Appropriations

18  Act, and pursuant to the notice, review, and objection

19  procedures of s. 216.177, Florida Statutes, the Executive

20  Office of the Governor is authorized to transfer funds

21  appropriated in the appropriation category "Special

22  Categories-Transfer to Department of Management Services-Human

23  Resources Services Purchased Per Statewide Contract" of the

24  2007-2008 General Appropriations Act between departments in

25  order to align the budget authority granted with the

26  assessments that must be paid by each agency to the Department

27  of Management Services for human resource management services.

28  This section expires July 1, 2008.

29         Section 12.  In order to implement Specific

30  Appropriations 2942 through 2950 of the 2007-2008 General

31  Appropriations Act, paragraph (a) of subsection (3) and

                                  10

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1  subsection (6) of section 287.17, Florida Statutes, are

 2  reenacted to read:

 3         287.17  Limitation on use of motor vehicles and

 4  aircraft.--

 5         (3)

 6         (a)  The term "official state business" may not be

 7  construed to permit the use of a motor vehicle for commuting

 8  purposes, unless special assignment of a motor vehicle is

 9  authorized as a perquisite by the Department of Management

10  Services, required by an employee after normal duty hours to

11  perform duties of the position to which assigned, or

12  authorized for an employee whose home is the official base of

13  operation.

14         (6)  It is the intention of the Legislature that

15  persons traveling on state aircraft for purposes consistent

16  with, but not necessarily constituting, official state

17  business may travel only when accompanying persons who are

18  traveling on official state business and that such persons

19  shall pay the state for all costs associated with such travel.

20  Notwithstanding paragraph (3)(a), a person traveling on state

21  aircraft for purposes other than official state business shall

22  pay for any trip not exclusively for state business by paying

23  a prorated share of all fixed and variable expenses related to

24  the ownership, operation, and use of such aircraft.

25         Section 13.  The amendment of s. 287.17, Florida

26  Statutes, as carried forward by this act from chapters 2005-71

27  and 2006-26, Laws of Florida, shall expire July 1, 2008, and

28  the text of that section shall revert to that in existence on

29  June 30, 2005, except that any amendments to such text enacted

30  other than by chapters 2005-71 and 2006-26, Laws of Florida,

31  shall be preserved and continue to operate to the extent that

                                  11

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1  such amendments are not dependent upon the portions of such

 2  text which expire pursuant to this section.

 3         Section 14.  In order to implement Specific

 4  Appropriations 2915 through 2928 of the 2007-2008 General

 5  Appropriations Act, subsections (3) and (4) of section

 6  255.249, Florida Statutes, are amended, and subsection (6) is

 7  added to that section, to read:

 8         255.249  Department of Management Services;

 9  responsibility; department rules.--

10         (3)(a)  The department shall, to the extent feasible,

11  coordinate the vacation of privately owned leased space with

12  the expiration of the lease on that space and, when a lease is

13  terminated before expiration of its base term, will make a

14  reasonable effort to place another state agency in the space

15  vacated. Any state agency may lease the space in any building

16  that was subject to a lease terminated by a state agency for a

17  period of time equal to the remainder of the base term without

18  the requirement of competitive bidding.

19         (b)  The department shall annually publish a master

20  leasing report that lists, by agency, all leases that are due

21  to expire within 24 months. The annual report must include the

22  following information for each lease: location; size of leased

23  space; current cost per leased square foot; lease expiration

24  date; and a determination of whether sufficient state-owned

25  office space will be available at the expiration of the lease

26  to house affected employees. The report must also include a

27  list of amendments and supplements to and waivers of terms and

28  conditions in lease agreements that have been approved

29  pursuant to s. 255.25(2)(a) during the previous 12 months and

30  an associated comprehensive analysis, including financial

31  implications, showing that any amendment, supplement, or

                                  12

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1  waiver is in the state's long-term best interest. The

 2  department shall furnish the master leasing this report to the

 3  Executive Office of the Governor and the Legislature by

 4  September 15 of each year which provides the following

 5  information: This paragraph expires July 1, 2007.

 6         1.  A list, by agency and by geographic market, of all

 7  leases that are due to expire within 24 months.

 8         2.  Details of each lease, including location, size,

 9  cost per leased square foot, lease-expiration date, and a

10  determination of whether sufficient state-owned office space

11  will be available at the expiration of the lease to

12  accommodate affected employees.

13         3.  A list of amendments and supplements to and waivers

14  of terms and conditions in lease agreements that have been

15  approved pursuant to s. 255.25(2)(a) during the previous 12

16  months and an associated comprehensive analysis, including

17  financial implications, showing that any amendment,

18  supplement, or waiver is in the state's long-term best

19  interest.

20         4.  Financial impacts to the pool rental rate due to

21  the sale, removal, acquisition, or construction of pool

22  facilities.

23         5.  Changes in occupancy rate, maintenance costs, and

24  efficiency costs of leases in the state portfolio. Changes to

25  occupancy costs in leased space by market and changes to space

26  consumption by agency and by market.

27         6.  An analysis of portfolio supply and demand.

28         7.  Cost-benefit analyses of acquisition, build, and

29  consolidation opportunities, recommendations for strategic

30  consolidation, and strategic recommendations for disposition,

31  acquisition, and building.

                                  13

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1         8.  The updated plan required by s. 255.25(4)(c).

 2         (c)  By June 30 of each year, each state agency shall

 3  annually provide to the department all information regarding

 4  agency programs affecting the need for or use of space by that

 5  agency, reviews of lease-expiration schedules for each

 6  geographic area, active and planned full-time equivalent data,

 7  business case analyses related to consolidation plans by an

 8  agency, and current occupancy and relocation costs, inclusive

 9  of furnishings, fixtures and equipment, data, and

10  communications.

11         (4)  The department shall adopt promulgate rules

12  pursuant to chapter 120 providing:

13         (a)  Methods for accomplishing the duties outlined in

14  subsection (1).

15         (b)  Procedures for soliciting and accepting

16  competitive proposals for leased space of 5,000 square feet or

17  more in privately owned buildings, for evaluating the

18  proposals received, for exemption from competitive bidding

19  requirements of any lease the purpose of which is the

20  provision of care and living space for persons or emergency

21  space needs as provided in s. 255.25(10), and for the securing

22  of at least three documented quotes for a lease that is not

23  required to be competitively bid.

24         (c)  A standard method for determining square footage

25  or any other measurement used as the basis for lease payments

26  or other charges.

27         (d)  Methods of allocating space in both state-owned

28  office buildings and privately owned buildings leased by the

29  state based on use, personnel, and office equipment.

30         (e)1.  Acceptable terms and conditions for inclusion in

31  lease agreements.

                                  14

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1         2.  Such terms and conditions shall include, at a

 2  minimum, the following clauses, which may not be amended,

 3  supplemented, or waived:

 4         a.  As provided in s. 255.2502, "The State of Florida's

 5  performance and obligation to pay under this contract is

 6  contingent upon an annual appropriation by the Legislature."

 7         b.  "The Lessee shall have the right to terminate,

 8  without penalty, this lease in the event a State-owned

 9  building becomes available to the Lessee for occupancy in the

10  County of ........, Florida, during the term of said lease for

11  the purposes for which this space is being leased upon giving

12  6 months' advance written notice to the Lessor by Certified

13  Mail, Return Receipt Requested."

14  

15  This subparagraph expires July 1, 2008 2007.

16         (f)  Maximum rental rates, by geographic areas or by

17  county, for leasing privately owned space.

18         (g)  A standard method for the assessment of rent to

19  state agencies and other authorized occupants of state-owned

20  office space, notwithstanding the source of funds.

21         (h)  For full disclosure of the names and the extent of

22  interest of the owners holding a 4-percent or more interest in

23  any privately owned property leased to the state or in the

24  entity holding title to the property, for exemption from such

25  disclosure of any beneficial interest which is represented by

26  stock in any corporation registered with the Securities and

27  Exchange Commission or registered pursuant to chapter 517,

28  which stock is for sale to the general public, and for

29  exemption from such disclosure of any leasehold interest in

30  property located outside the territorial boundaries of the

31  United States.

                                  15

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1         (i)  For full disclosure of the names of all public

 2  officials, agents, or employees holding any interest in any

 3  privately owned property leased to the state or in the entity

 4  holding title to the property, and the nature and extent of

 5  their interest, for exemption from such disclosure of any

 6  beneficial interest which is represented by stock in any

 7  corporation registered with the Securities and Exchange

 8  Commission or registered pursuant to chapter 517, which stock

 9  is for sale to the general public, and for exemption from such

10  disclosure of any leasehold interest in property located

11  outside the territorial boundaries of the United States.

12         (j)  A method for reporting leases for nominal or no

13  consideration.

14         (k)  For a lease of less than 5,000 square feet, a

15  method for certification by the agency head or the agency

16  head's designated representative that all criteria for leasing

17  have been fully complied with and for the filing of a copy of

18  such lease and all supporting documents with the department

19  for its review and approval as to technical sufficiency.

20         (6)  The department may contract for real estate

21  consulting or tenant brokerage services in order to carry out

22  its duties relating to the strategic leasing plan. The

23  contract shall be procured pursuant to s. 287.057. The vendor

24  that is awarded the contract shall be compensated by the

25  department, subject to the provisions of the contract, and

26  such compensation is subject to appropriation by the

27  Legislature. The real estate consultant or tenant broker may

28  not receive compensation directly from a lessor for services

29  that are rendered pursuant to the contract. Moneys paid to the

30  real estate consultant or tenant broker are exempt from any

31  charge imposed under s. 287.1345. Moneys paid by a lessor to

                                  16

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1  the department under a facility-leasing arrangement are not

 2  subject to the charges imposed under s. 215.20.

 3         Section 15.  The amendments to s. 255.249, Florida

 4  Statutes, made by this act shall expire July 1, 2008, and the

 5  text of that section shall revert to that in existence on June

 6  29, 2007, except that any amendments to such text enacted

 7  other than by this act shall be preserved and continue to

 8  operate to the extent that such amendments are not dependent

 9  upon the portions of such text which expire pursuant to this

10  section.

11         Section 16.  In order to implement Specific

12  Appropriations 2915 through 2928 of the 2007-2008 General

13  Appropriations Act, paragraph (d) of subsection (2) and

14  paragraph (c) of subsection (4) of section 255.25, Florida

15  Statutes, are amended, and paragraphs (f) and (g) are added to

16  subsection (3) of that section, to read:

17         255.25  Approval required prior to construction or

18  lease of buildings.--

19         (2)

20         (d)  Notwithstanding paragraph (a) and except as

21  provided in ss. 255.249 and 255.2501, a state agency may not

22  lease a building or any part thereof unless prior approval of

23  the lease terms and conditions and of the need therefor is

24  first obtained from the Department of Management Services. The

25  department may not approve any term or condition in a lease

26  agreement which has been amended, supplemented, or waived

27  unless a comprehensive analysis, including financial

28  implications, demonstrates that such amendment, supplement, or

29  waiver is in the state's long-term best interest. Any approved

30  lease may include an option to purchase or an option to renew

31  the lease, or both, upon such terms and conditions as are

                                  17

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1  established by the department subject to final approval by the

 2  head of the Department of Management Services and the

 3  provisions of s. 255.2502. This paragraph expires July 1, 2008

 4  2007.

 5         (3)

 6         (f)  Notwithstanding s. 287.056(1), a state agency may,

 7  at the sole discretion of the agency head or his or her

 8  designee, use the services of a tenant broker to assist with a

 9  competitive solicitation undertaken by the agency. In making

10  its determination whether to use a tenant broker, a state

11  agency shall consult with the department. A state agency may

12  not use the services of a tenant broker unless the tenant

13  broker is under a term contract with the state which complies

14  with paragraph (g). If a state agency uses the services of a

15  tenant broker with respect to a transaction, the agency may

16  not enter into a lease with any landlord to which the tenant

17  broker is providing brokerage services for that transaction.

18         (g)  The Department of Management Services may,

19  pursuant to s. 287.042(2)(a), procure a term contract for real

20  estate consulting and brokerage services. A state agency may

21  not purchase services from the contract unless the contract

22  has been procured under s. 287.057(1), (2), or (3) after March

23  1, 2007, and contains the following provisions or

24  requirements:

25         1.  Awarded brokers must maintain an office or presence

26  in the market served. In awarding the contract, preference

27  must be given to brokers that are licensed in this state under

28  chapter 475 and that have 3 or more years of experience in the

29  market served. The contract may be made with up to three

30  tenant brokers in order to serve the marketplace in the north,

31  central, and south areas of the state.

                                  18

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1         2.  Each contracted tenant broker shall work under the

 2  direction, supervision, and authority of the state agency,

 3  subject to the rules governing lease procurements.

 4         3.  The department shall provide training for the

 5  awarded tenant brokers concerning the rules governing the

 6  procurement of leases.

 7         4.  Tenant brokers must comply with all applicable

 8  provisions of s. 475.278.

 9         5.  Real estate consultants and tenant brokers shall be

10  compensated by the state agency, subject to the provisions of

11  the term contract, and such compensation is subject to

12  appropriation by the Legislature. A real estate consultant or

13  tenant broker may not receive compensation directly from a

14  lessor for services that are rendered under the term contract.

15  Moneys paid to a real estate consultant or tenant broker are

16  exempt from any charge imposed under s. 287.1345. Moneys paid

17  by a lessor to the state agency under a facility leasing

18  arrangement are not subject to the charges imposed under s.

19  215.20. All terms relating to the compensation of the real

20  estate consultant or tenant broker shall be specified in the

21  term contract and may not be supplemented or modified by the

22  state agency using the contract.

23         6.  The department shall conduct periodic

24  customer-satisfaction surveys.

25         7.  Each state agency shall report the following

26  information to the department:

27         a.  The number of leases that adhere to the goal of the

28  workspace-management initiative of 180 square feet per FTE.

29         b.  The quality of space leased and the adequacy of

30  tenant-improvement funds.

31  

                                  19

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1         c.  The timeliness of lease procurement, measured from

 2  the date of the agency's request to the finalization of the

 3  lease.

 4         d.  Whether cost-benefit analyses were performed before

 5  execution of the lease in order to ensure that the lease is in

 6  the best interest of the state.

 7         e.  The lease costs compared to market rates for

 8  similar types and classifications of space according to the

 9  official classifications of the Building Owners and Managers

10  Association.

11         (4)

12         (c)  Because the state has a substantial financial

13  investment in state-owned buildings, it is legislative policy

14  and intent that when state-owned buildings meet the needs of

15  state agencies, agencies must fully use such buildings before

16  leasing privately owned buildings. By September 15, 2006, the

17  Department of Management Services shall create a 5-year plan

18  for implementing this policy. The department shall update this

19  plan annually, detailing proposed departmental actions to meet

20  the plan's goals and shall furnish this plan annually as part

21  of the master leasing report. The department shall furnish

22  this plan to the President of the Senate, the Speaker of the

23  House of Representatives, and the Executive Office of the

24  Governor by September 15 of each year. This paragraph expires

25  July 1, 2008 2007.

26         Section 17.  The amendments to s. 255.25, Florida

27  Statutes, made by this act shall expire July 1, 2008, and the

28  text of that section shall revert to that in existence on June

29  29, 2007, except that any amendments to such text enacted

30  other than by this act shall be preserved and continue to

31  operate to the extent that such amendments are not dependent

                                  20

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1  upon the portions of such text which expire pursuant to this

 2  section.

 3         Section 18.  In order to implement Specific

 4  Appropriations 2915 through 2928 of the 2007-2008 General

 5  Appropriations Act, subsection (7) of section 255.503, Florida

 6  Statutes, is amended to read:

 7         255.503  Powers of the Department of Management

 8  Services.--The Department of Management Services shall have

 9  all the authority necessary to carry out and effectuate the

10  purposes and provisions of this act, including, but not

11  limited to, the authority to:

12         (7)(a)  Sell, lease, release, or otherwise dispose of

13  facilities in the pool in accordance with applicable law.

14         (b)  No later than the date upon which the department

15  recommends to the Division of State Lands of the Department of

16  Environmental Protection the disposition of any facility

17  within the Florida Facilities Pool, the department shall

18  provide to the President of the Senate, the Speaker of the

19  House of Representatives, the Executive Office of the

20  Governor, and the Division of Bond Finance of the State Board

21  of Administration an analysis that includes:

22         1.  The cost benefit of the proposed facility

23  disposition, including the facility's current operating

24  expenses, condition, and market value, and viable alternatives

25  for work space for impacted state employees.

26         2.  The effect of the proposed facility disposition on

27  the financial status of the Florida Facilities Pool, including

28  the effect on rental rates and coverage requirement for the

29  bonds.

30  

31  This paragraph expires July 1, 2008 2007.

                                  21

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1         Section 19.  Notwithstanding s. 403.7095, Florida

 2  Statutes, in order to implement Specific Appropriation 1907 of

 3  the 2007-2008 General Appropriations Act, the Department of

 4  Environmental Protection shall award:

 5         (1)  $6,500,000 in grants equally to counties having

 6  populations of fewer than 100,000 for waste tire, litter

 7  prevention, recycling and education, and general solid waste

 8  programs.

 9         (2)  $2,941,932 to be used for Innovative Grants.

10  

11  This section expires July 1, 2008.

12         Section 20.  In order to implement Specific

13  Appropriations 2057 through 2082 of the 2007-2008 General

14  Appropriations Act, subsection (5) of section 320.08058,

15  Florida Statutes, is amended to read:

16         320.08058  Specialty license plates.--

17         (5)  FLORIDA PANTHER LICENSE PLATES.--

18         (a)  The department shall develop a Florida panther

19  license plate as provided in this section.  Florida panther

20  license plates must bear the design of a Florida panther and

21  the colors that department approves.  In small letters, the

22  word "Florida" must appear at the bottom of the plate.

23         (b)  The department shall distribute the Florida

24  panther license plate annual use fee to in the following

25  manner:

26         1.  Eighty-five percent must be deposited in the

27  Florida Panther Research and Management Trust Fund in the Fish

28  and Wildlife Conservation Commission to be used for education

29  and programs to protect the endangered Florida panther.

30  

31  

                                  22

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1         2.  Fifteen percent, but no less than $300,000, must be

 2  deposited in the Florida Communities Trust Fund to be used

 3  pursuant to the Florida Communities Trust Act.

 4         (c)  A person or corporation that purchases 10,000 or

 5  more panther license plates shall pay an annual use fee of $5

 6  per plate and an annual processing fee of $2 per plate, in

 7  addition to the applicable license tax required under s.

 8  320.08.

 9         Section 21.  The amendments to s. 320.08058, Florida

10  Statutes, made by this act shall expire July 1, 2008, and the

11  text of that section shall revert to that in existence on June

12  29, 2007, except that any amendments to such text enacted

13  other than by this act shall be preserved and continue to

14  operate to the extent that such amendments are not dependent

15  upon the portions of the text which expire pursuant to this

16  section.

17         Section 22.  In order to implement Specific

18  Appropriations 2453 through 2461 of the 2007-2008 General

19  Appropriations Act, section 550.135, Florida Statutes, is

20  amended to read:

21         550.135  Division of moneys derived under this

22  law.--All moneys that are deposited with the Chief Financial

23  Officer to the credit of the Pari-mutuel Wagering Trust Fund

24  shall be distributed as follows:

25         (1)(a)  The daily license fee revenues collected

26  pursuant to this chapter s. 550.0951(1) shall be used to fund

27  the operating cost of the division and to provide a

28  proportionate share for of the operation of the office of the

29  secretary and the Division of Administration of the Department

30  of Business and Professional Regulation; however, other

31  collections in the Pari-mutuel Wagering Trust Fund may also be

                                  23

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1  used to fund the operation of the division in accordance with

 2  authorized appropriations.

 3         (b)  The revenues collected pursuant to chapter 551

 4  shall be used to fund the operating costs of the division and

 5  the Department of Law Enforcement in carrying out regulation

 6  and enforcement activities with respect to slot machine gaming

 7  and to provide a proportionate share for the operation of the

 8  office of the secretary and the Division of Administration of

 9  the Department of Business and Professional Regulation.

10         (2)(a)  On June 30 of each year, all unappropriated

11  funds collected pursuant to this chapter in excess of $1.5

12  million in the Pari-mutuel Wagering Trust Fund shall be

13  deposited with the Chief Financial Officer to the credit of

14  the General Revenue Fund.

15         (b)  On June 30 of each year, all unappropriated funds

16  collected pursuant to chapter 551 in excess of the sum of the

17  amounts appropriated in the General Appropriations Act for the

18  following fiscal year for the uses permitted in subsection (1)

19  shall be deposited with the Chief Financial Officer to the

20  credit of the General Revenue Fund.

21         Section 23.  The amendments to s. 550.135, Florida

22  Statutes, made by this act shall expire July 1, 2008, and the

23  text of that section shall revert to that in existence on June

24  29, 2007, except that any amendments to such text enacted

25  other than by this act shall be preserved and continue to

26  operate to the extent that such amendments are not dependent

27  upon the portions of the text which expire pursuant to this

28  section.

29         Section 24.  In order to implement Specific

30  Appropriation 1553A of the 2007-2008 General Appropriations

31  

                                  24

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1  Act, subsection (32) is added to section 581.031, Florida

 2  Statutes, to read:

 3         581.031  Department; powers and duties.--The department

 4  has the following powers and duties:

 5         (32)  To conduct or cause to be conducted those

 6  research projects on citrus disease, including, but not

 7  limited to, citrus canker and citrus greening, which are

 8  recommended by the Florida Citrus Production Research Advisory

 9  Council, within the limits of appropriations made specifically

10  for such purpose. This subsection expires July 1, 2008.

11         Section 25.  In order to implement Specific

12  Appropriations 1426 through 1600 of the 2007-2008 General

13  Appropriations Act, section 570.20, Florida Statutes, is

14  amended to read:

15         570.20  General Inspection Trust Fund.--

16         (1)  All donations and all inspection fees and other

17  funds authorized and received from whatever source in the

18  enforcement of the inspection laws administered by the

19  department shall be paid into the General Inspection Trust

20  Fund of Florida, which is created in the office of the Chief

21  Financial Officer.  All expenses incurred in carrying out the

22  provisions of the inspection laws shall be paid from this fund

23  as other funds are paid from the State Treasury.  A percentage

24  of all revenue deposited in this fund, including transfers

25  from any subsidiary accounts, shall be deposited in the

26  General Revenue Fund pursuant to chapter 215, except that

27  funds collected for marketing orders shall pay at the rate of

28  3 percent.

29         (2)  For the 2007-2008 fiscal year only and

30  notwithstanding any other provision of law to the contrary, in

31  addition to the spending authorized in subsection (1), moneys

                                  25

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1  in the General Inspection Trust Fund may be appropriated for

 2  programs operated by the department which are related to the

 3  programs authorized by this chapter. This subsection expires

 4  July 1, 2008.

 5         Section 26.  In order to implement Specific

 6  Appropriation 2761 of the 2007-2008 General Appropriations

 7  Act, paragraph (b) of subsection (9) of section 320.08058,

 8  Florida Statutes, is amended to read:

 9         320.08058  Specialty license plates.--

10         (9)  FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--

11         (b)  The license plate annual use fees are to be

12  annually distributed as follows:

13         1.  Fifty-five percent of the proceeds from the Florida

14  Professional Sports Team plate must be deposited into the

15  Professional Sports Development Trust Fund within the Office

16  of Tourism, Trade, and Economic Development. These funds must

17  be used solely to attract and support major sports events in

18  this state. As used in this subparagraph, the term "major

19  sports events" means, but is not limited to, championship or

20  all-star contests of Major League Baseball, the National

21  Basketball Association, the National Football League, the

22  National Hockey League, the men's and women's National

23  Collegiate Athletic Association Final Four basketball

24  championship, or a horseracing or dogracing Breeders' Cup. All

25  funds must be used to support and promote major sporting

26  events, and the uses must be approved by the Florida Sports

27  Foundation.

28         2.  The remaining proceeds of the Florida Professional

29  Sports Team license plate must be allocated to the Florida

30  Sports Foundation, a direct-support organization of the Office

31  of Tourism, Trade, and Economic Development. These funds must

                                  26

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1  be deposited into the Professional Sports Development Trust

 2  Fund within the Office of Tourism, Trade, and Economic

 3  Development. These funds must be used by the Florida Sports

 4  Foundation to promote the economic development of the sports

 5  industry; to distribute licensing and royalty fees to

 6  participating professional sports teams; to promote education

 7  programs in Florida schools that provide an awareness of the

 8  benefits of physical activity and nutrition standards; to

 9  partner with the Department of Education and the Department of

10  Health to develop a program that recognizes schools whose

11  students demonstrate excellent physical fitness or fitness

12  improvement; to institute a grant program for communities

13  bidding on minor sporting events that create an economic

14  impact for the state; to distribute funds to Florida-based

15  charities designated by the Florida Sports Foundation and the

16  participating professional sports teams; and to fulfill the

17  sports promotion responsibilities of the Office of Tourism,

18  Trade, and Economic Development.

19         3.  The Florida Sports Foundation shall provide an

20  annual financial audit in accordance with s. 215.981 of its

21  financial accounts and records by an independent certified

22  public accountant pursuant to the contract established by the

23  Office of Tourism, Trade, and Economic Development as

24  specified in s. 288.1229(5). The auditor shall submit the

25  audit report to the Office of Tourism, Trade, and Economic

26  Development for review and approval. If the audit report is

27  approved, the office shall certify the audit report to the

28  Auditor General for review.

29         4.  For the 2007-2008 2006-2007 fiscal year only and

30  notwithstanding the provisions of subparagraphs 1. and 2.,

31  proceeds from the Professional Sports Development Trust Fund

                                  27

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1  may also be used for operational expenses of the Florida

 2  Sports Foundation and financial support of the Sunshine State

 3  Games. This subparagraph expires July 1, 2008 2007.

 4         Section 27.  In order to implement section 33 of the

 5  2007-2008 General Appropriations Act, subsection (13) of

 6  section 253.034, Florida Statutes, is amended to read:

 7         253.034  State-owned lands; uses.--

 8         (13)  Notwithstanding the provisions of this section,

 9  funds from the sale of property by the Department of Highway

10  Safety and Motor Vehicles located in Palm Beach County are

11  authorized to be deposited into the Highway Safety Operating

12  Trust Fund to facilitate the exchange as provided in the

13  General Appropriations Act, provided that at the conclusion of

14  both exchanges the values are equalized. This subsection

15  expires July 1, 2008 2007.

16         Section 28.  In order to implement Specific

17  Appropriation 2188 of the 2007-2008 General Appropriations

18  Act, subsection (3) of section 311.22, Florida Statutes, is

19  amended to read:

20         311.22  Additional authorization for funding certain

21  dredging projects.--

22         (3)  For the 2007-2008 2006-2007 fiscal year only and

23  notwithstanding the matching basis specified in subsection

24  (1), funding for projects in subsection (1) shall require a

25  minimum 25 percent match of funds received pursuant to this

26  section. This subsection expires July 1, 2008 2007.

27         Section 29.  In order to implement Specific

28  Appropriation 1621AD of the 2007-2008 General Appropriations

29  Act and notwithstanding s. 252.37(5)(b), Florida Statutes,

30  local governments that failed to apply for a waiver under s.

31  252.37, Florida Statutes, within the first 18 months following

                                  28

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1  the declaration of a disaster resulting from Hurricanes

 2  Charley, Frances, Ivan, and Jeanne may submit applications for

 3  consideration by the Executive Office of the Governor until

 4  January 1, 2008. The Executive Office of the Governor may

 5  approve a waiver, subject to the requirement for legislative

 6  notice and review under s. 216.177, Florida Statutes, of all

 7  or a portion of the required match for public assistance

 8  projects for local governments if the Executive Office of the

 9  Governor determines that such a match requirement cannot be

10  provided, or that doing so would impose a documented hardship

11  on the local government, and if the local government applies

12  for the waiver by the date specified in this section.

13         Section 30.  In order to implement the issuance of new

14  debt authorized in the 2007-2008 General Appropriations Act,

15  and pursuant to the requirements of s. 215.98, Florida

16  Statutes, the Legislature determines that the authorization

17  and issuance of debt for the 2007-2008 fiscal year is in the

18  best interest of the state and should be implemented.

19         Section 31.  A section of this act that implements a

20  specific appropriation or specifically identified proviso

21  language in the 2007-2008 General Appropriations Act is void

22  if the specific appropriation or specifically identified

23  proviso language is vetoed. A section of this act that

24  implements more than one specific appropriation or more than

25  one portion of specifically identified proviso language in the

26  2007-2008 General Appropriations Act is void if all the

27  specific appropriations or portions of specifically identified

28  proviso language are vetoed.

29         Section 32.  If any other act passed in 2007 contains a

30  provision that is substantively the same as a provision in

31  this act, but that removes or is otherwise not subject to the

                                  29

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






    Florida Senate - 2007                                  SB 2802
    576-2193B-07




 1  future repeal applied to such provision by this act, the

 2  Legislature intends that the provision in the other act shall

 3  take precedence and shall continue to operate, notwithstanding

 4  the future repeal provided by this act.

 5         Section 33.  If any provision of this act or its

 6  application to any person or circumstance is held invalid, the

 7  invalidity does not affect other provisions or applications of

 8  the act which can be given effect without the invalid

 9  provision or application, and to this end the provisions of

10  this act are severable.

11         Section 34.  Except as otherwise expressly provided in

12  this act, this act shall take effect June 30, 2007; or, if

13  this act fails to become a law until after that date, it shall

14  take effect upon becoming a law and shall operate

15  retroactively to June 30, 2007.

16  

17            *****************************************

18                          SENATE SUMMARY

19    Implements the 2007-2008 General Appropriations Act.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  30

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