Florida Senate - 2010                             CS for SB 1416
       
       
       
       By the Committee on General Government Appropriations; and
       Senator Baker
       
       
       
       601-03255-10                                          20101416c1
    1                        A bill to be entitled                      
    2         An act implementing the 2010-2011 General
    3         Appropriations Act; providing legislative intent;
    4         amending s. 253.034, F.S.; delaying the expiration of
    5         provisions authorizing the deposit of funds derived
    6         from the sale of property by the Department of Citrus
    7         into the Citrus Advertising Trust Fund; reenacting s.
    8         255.518(1)(b), F.S., relating to the payment of
    9         obligations during the construction of a facility
   10         financed by such obligations; providing for the future
   11         expiration of certain amendments to such provision and
   12         for the reversion of statutory text; amending s.
   13         373.59, F.S.; delaying the expiration of provisions
   14         providing for the allocation of moneys from the Water
   15         Management Lands Trust Fund for certain purposes;
   16         amending s. 375.041, F.S.; providing for the transfer
   17         of moneys from the Land Acquisition Trust Fund to
   18         support the Clean Water State Revolving Fund and
   19         Drinking Water State Revolving Fund programs, rather
   20         than to the Ecosystem Management and Restoration Trust
   21         Fund for grants and aids to local governments for
   22         water projects; providing for future expiration;
   23         reenacting s. 403.1651(1)(g), F.S., relating to the
   24         use of funds from the Ecosystem Management and
   25         Restoration Trust Fund for the purpose of funding
   26         activities to preserve and repair the state’s beaches;
   27         providing for future expiration of certain amendments
   28         to such provision and for the reversion of statutory
   29         text; amending s. 403.1651, F.S.; providing for the
   30         transfer of moneys from the Ecosystem Management and
   31         Restoration Trust Fund to the General Inspection Trust
   32         Fund for the Farm Share, Food Banks, and Mosquito
   33         Control program and the Technological Research and
   34         Development Authority; amending s. 570.20, F.S.;
   35         delaying the expiration of provisions authorizing the
   36         Department of Agriculture and Consumer Services to use
   37         funds from the General Inspection Trust Fund for
   38         certain programs; amending s. 403.7095, F.S.; delaying
   39         the expiration of provisions requiring that the
   40         Department of Environmental Protection award a
   41         specified amount in grants equally to certain counties
   42         for waste tire and litter prevention, recycling
   43         education, and general solid waste programs;
   44         authorizing the Department of Agriculture and Consumer
   45         Services to extend, revise, and renew current
   46         contracts or agreements created or entered into for
   47         the purpose of promoting agriculture; providing for
   48         future expiration; requiring the Executive Office of
   49         the Governor to sell the King Air 350 airplane;
   50         requiring the receipts from the sale of the airplane
   51         to be deposited into the Bureau of Aircraft Trust
   52         Fund; requiring the Department of Financial Services
   53         to issue a solicitation for office supplies and award
   54         a multiple supplier contract by a specified date;
   55         providing for the effect of a veto of one or more
   56         specific appropriations or proviso provisions to which
   57         implementing language refers; providing for the
   58         continued operation of certain provisions,
   59         notwithstanding a future repeal or expiration provided
   60         by the act; providing for severability; providing for
   61         contingent retroactive application; providing an
   62         effective date.
   63  
   64  Be It Enacted by the Legislature of the State of Florida:
   65  
   66         Section 1. It is the intent of the Legislature that the
   67  implementing and administering provisions of this act apply to
   68  the General Appropriations Act for the 2010-2011 fiscal year.
   69         Section 2. In order to implement Specific Appropriations
   70  2379 through 2401 of the 2010-2011 General Appropriations Act,
   71  subsection (14) of section 253.034, Florida Statutes, is amended
   72  to read:
   73         253.034 State-owned lands; uses.—
   74         (14) Notwithstanding the provisions of this section, funds
   75  derived from the sale of property by the Department of Citrus
   76  located in Lakeland, Florida, are authorized to be deposited
   77  into the Citrus Advertising Trust Fund. This subsection expires
   78  July 1, 2011 2010.
   79         Section 3. In order to implement Specific Appropriation
   80  1708Q of the 2010-2011 General Appropriations Act, paragraph (b)
   81  of subsection (1) of section 255.518, Florida Statutes, is
   82  reenacted to read:
   83         255.518 Obligations; purpose, terms, approval,
   84  limitations.—
   85         (1)
   86         (b) Payment of debt service charges on obligations during
   87  the construction of any facility financed by such obligations
   88  shall be made from funds other than proceeds of obligations.
   89         Section 4. The amendment to s. 255.518(1)(b), Florida
   90  Statutes, as carried forward by this act from chapter 2008-153
   91  and chapter 2009-82, Laws of Florida, shall expire July 1, 2011,
   92  and the text of that paragraph shall revert to that in existence
   93  on June 30, 2008, except that any amendments to such text
   94  enacted other than by this act shall be preserved and continue
   95  to operate to the extent that such amendments are not dependent
   96  upon the portions of such text which expire pursuant to this
   97  section.
   98         Section 5. In order to implement Specific Appropriation
   99  1692 of the 2010-2011 General Appropriations Act, subsection
  100  (12) of section 373.59, Florida Statutes, is amended to read:
  101         373.59 Water Management Lands Trust Fund.—
  102         (12) Notwithstanding the provisions of subsection (8) and
  103  for the 2010-2011 2009-2010 fiscal year only, the moneys from
  104  the Water Management Lands Trust Fund shall be allocated as
  105  follows:
  106         (a) An amount necessary to pay debt service on bonds issued
  107  before February 1, 2009, by the South Florida Water Management
  108  District and the St. Johns River Water Management District,
  109  which are secured by revenues provided pursuant to this section,
  110  or to fund debt service reserve funds, rebate obligations, or
  111  other amounts payable with respect to such bonds;
  112         (b) Eight million dollars to be transferred to the General
  113  Revenue Fund; and
  114         (c) The remaining funds to be distributed equally between
  115  the Suwannee River Water Management District and the Northwest
  116  Florida Water Management District.
  117  
  118  This subsection expires July 1, 2011 2010.
  119         Section 6. In order to implement Specific Appropriations
  120  1763, 1789, and 1790 of the 2010-2011 General Appropriations
  121  Act, paragraph (b) of subsection (3) of section 375.041, Florida
  122  Statutes, is amended to read:
  123         375.041 Land Acquisition Trust Fund.—
  124         (3)
  125         (b) In addition to the uses allowed in paragraph (a), for
  126  the 2010-2011 2008-2009 fiscal year, moneys in the Land
  127  Acquisition Trust Fund are authorized for transfer to support
  128  the Clean Water State Revolving Fund, the Drinking Water State
  129  Revolving Fund, and the Total Maximum Daily Loads programs the
  130  Ecosystem Management and Restoration Trust Fund for grants and
  131  aids to local governments for water projects as provided in the
  132  General Appropriations Act. This paragraph expires July 1, 2011
  133  2009.
  134         Section 7. In order to implement Specific Appropriations
  135  1765, 1766, 1767, 1769, and 1769A, paragraph (g) of subsection
  136  (1) of section 403.1651, Florida Statutes, is reenacted to read:
  137         403.1651 Ecosystem Management and Restoration Trust Fund.—
  138         (1) There is created the Ecosystem Management and
  139  Restoration Trust Fund to be administered by the Department of
  140  Environmental Protection for the purposes of:
  141         (g) Funding activities to preserve and repair the state’s
  142  beaches as provided in ss. 161.091-161.212.
  143         Section 8. The amendment to s. 403.1651(1)(g), Florida
  144  Statutes, as carried forward by this act from chapter 2009-82,
  145  Laws of Florida, shall expire July 1, 2011, and the text of that
  146  subsection shall revert to that in existence on June 30, 2009,
  147  except that any amendments to such text enacted other than by
  148  this act shall be preserved and continue to operate to the
  149  extent that such amendments are not dependent upon the portions
  150  of such text which expire pursuant to this section.
  151         Section 9. In order to implement Specific Appropriations
  152  1396A, 1456, 1491A, and 1493A of the 2010-2011 General
  153  Appropriations Act, subsection (3) is added to section 403.1651,
  154  Florida Statutes, to read:
  155         403.1651 Ecosystem Management and Restoration Trust Fund.—
  156         (3) For the 2010-2011 fiscal year only, moneys in the
  157  Ecosystems Management and Restoration Trust Fund are authorized
  158  for transfer to the General Inspection Trust Fund in the
  159  Department of Agriculture and Consumer Services for the Farm
  160  Share, Food Banks, and Mosquito Control programs, and the
  161  Technological Research and Development Authority.
  162         Section 10. In order to implement Specific Appropriations
  163  1378 through 1538 of the 2010-2011 General Appropriations Act,
  164  subsection (2) of section 570.20, Florida Statutes, is amended
  165  to read:
  166         570.20 General Inspection Trust Fund.—
  167         (2) For the 2010-2011 2009-2010 fiscal year only and
  168  notwithstanding any other provision of law to the contrary, in
  169  addition to the spending authorized in subsection (1), moneys in
  170  the General Inspection Trust Fund may be appropriated for
  171  programs operated by the department which are related to the
  172  programs authorized by this chapter. This subsection expires
  173  July 1, 2011 2010.
  174         Section 11. In order to implement Specific Appropriation
  175  1833 of the 2010-2011 General Appropriations Act, subsection (7)
  176  of section 403.7095, Florida Statutes, is amended to read:
  177         403.7095 Solid waste management grant program.—
  178         (7) Notwithstanding any provision of this section to the
  179  contrary, and for the 2010-2011 2009-2010 fiscal year only, the
  180  Department of Environmental Protection shall award the sum of
  181  $1,775,207 $2,600,000 in grants equally to counties having
  182  populations of fewer than 100,000 for waste tire and litter
  183  prevention, recycling education, and general solid waste
  184  programs. This subsection expires July 1, 2011 2010.
  185         Section 12. In order to implement Specific Appropriation
  186  1490 of the 2010-2011 General Appropriations Act and to provide
  187  consistency and continuity in the promotion of agriculture
  188  throughout the state, notwithstanding s. 287.057, Florida
  189  Statutes, the Department of Agriculture and Consumer Services,
  190  at its discretion, may extend, revise, and renew current
  191  contracts or agreements created or entered into pursuant to
  192  chapter 2006-25, Laws of Florida. This section expires July 1,
  193  2011.
  194         Section 13. In order to implement Specific Appropriations
  195  2646H through 2646O provided in the 2010-2011 General
  196  Appropriations Act, the Executive Office of the Governor shall
  197  sell the King Air 350 airplane. The receipts from the sale shall
  198  be deposited into the Bureau of Aircraft Trust Fund and expended
  199  in accordance with s. 287.161, Florida Statutes. Receipts from
  200  the sale are exempt from the service charge imposed pursuant to
  201  s. 215.20, Florida Statutes.
  202         Section 14. Notwithstanding any provision in chapter 287,
  203  Florida Statutes, to the contrary, the Department of Financial
  204  Services shall issue, by January 1, 2011, a solicitation for
  205  office supplies, and subsequently award a multiple-supplier
  206  contract with at least three awarded vendors.
  207         Section 15. Any section of this act which implements a
  208  specific appropriation or specifically identified proviso
  209  language in the 2010-2011 General Appropriations Act is void if
  210  the specific appropriation or specifically identified proviso
  211  language is vetoed. Any section of this act which implements
  212  more than one specific appropriation or more than one portion of
  213  specifically identified proviso language in the 2010-2011
  214  General Appropriations Act is void if all the specific
  215  appropriations or portions of specifically identified proviso
  216  language are vetoed.
  217         Section 16. If any other act passed during the 2010 Regular
  218  Session contains a provision that is substantively the same as a
  219  provision in this act, but that removes or is otherwise not
  220  subject to the future repeal applied to such provision by this
  221  act, the Legislature intends that the provision in the other act
  222  shall take precedence and continue to operate, notwithstanding
  223  the future repeal provided by this act.
  224         Section 17. If any provision of this act or its application
  225  to any person or circumstance is held invalid, the invalidity
  226  does not affect other provisions or applications of the act
  227  which can be given effect without the invalid provision or
  228  application, and to this end the provisions of this act are
  229  severable.
  230         Section 18. This act shall take effect July 1, 2010; or, if
  231  this act fails to become a law until after that date, it shall
  232  take effect upon becoming a law and shall operate retroactively
  233  to July 1, 2010.