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The Florida Senate

2007 Florida Statutes

SECTION 22
Additional authorization for funding certain dredging projects.
Section 311.22, Florida Statutes 2007

311.22  Additional authorization for funding certain dredging projects.--

(1)  The Florida Seaport Transportation and Economic Development Council shall establish a program to fund dredging projects in counties having a population of fewer than 300,000 according to the last official census. Funds made available under this program may be used to fund approved projects for the dredging or deepening of channels, turning basins, or harbors on a 25-percent local matching basis with any port authority, as such term is defined in s. 315.02(2), which complies with the permitting requirements in part IV of chapter 373 and the local financial management and reporting provisions of part III of chapter 218.

1(2)  The council shall adopt rules for evaluating the projects that may be funded pursuant to this section. The rules must provide criteria for evaluating the economic benefit of the project. The rules must include the creation of an administrative review process by the council which is similar to the process 2described in s. 311.09(5)-(12), and provide for a review by the Department of Community Affairs, the Department of Transportation, and the Office of Tourism, Trade, and Economic Development of all projects submitted for funding under this section.

3(3)  For the 2006-2007 fiscal year only and notwithstanding the matching basis specified in subsection (1), funding for projects in subsection (1) shall require a minimum 25 percent match of funds received pursuant to this section. This subsection expires July 1, 2007.

History.--ss. 42, 55, ch. 2005-71; s. 1, ch. 2005-261; s. 1, ch. 2005-281; s. 39, ch. 2006-26; ss. 34, 53, 54, ch. 2007-73; s. 16, ch. 2007-196.

1Note.--As enacted by s. 42, ch. 2005-71, and s. 1, ch. 2005-281. For a description of multiple acts in the same session affecting a statutory provision, see preface to the Florida Statutes, "Statutory Construction." Subsection (2) was also enacted by s. 1, ch. 2005-261, and that version reads:

(2)  The council shall adopt rules for evaluating projects submitted for funding pursuant to this section and establish criteria for evaluating the economic benefit of such projects. The rules shall also establish and require an administrative review process similar to the process contained in s. 311.09(5)-(9) for projects approved for funding pursuant to this section to be reviewed by the Department of Community Affairs, the Department of Transportation, and the Office of Tourism, Trade, and Economic Development.

2Note.--As enacted by s. 1, ch. 2005-281. The s. 42, ch. 2005-71, version uses the word "contained" instead of "described."

3Note.--

A.  Section 34, ch. 2007-73, amended subsection (3) "[i]n order to implement Specific Appropriation 2188A of the 2007-2008 General Appropriations Act." Specific Appropriation 2188A was vetoed. See ch. 2007-72, the 2007-2008 General Appropriations Act.

B.  Section 53, ch. 2007-73, provides that "[a] section of this act that implements a specific appropriation or specifically identified proviso language in the 2007-2008 General Appropriations Act is void if the specific appropriation or specifically identified proviso language is vetoed. A section of this act that implements more than one specific appropriation or more than one portion of specifically identified proviso language in the 2007-2008 General Appropriations Act is void if all the specific appropriations or portions of specifically identified proviso language are vetoed." As amended by s. 34, ch. 2007-73, subsection (3) would have read:

(3)  For the 2007-2008 fiscal year only and notwithstanding the matching basis specified in subsection (1), funding for projects in subsection (1) shall require a minimum 25 percent match of funds received pursuant to this section. This subsection expires July 1, 2008.

C.  Section 54, ch. 2007-73, provides that "[i]f any other act passed in 2007 contains a provision that is substantively the same as a provision in this act, but that removes or is otherwise not subject to the future repeal applied to such provision by this act, the Legislature intends that the provision in the other act shall take precedence and shall continue to operate, notwithstanding the future repeal provided by this act." Section 16, ch. 2007-196, amended s. 311.22 (1) to provide for the 25-percent match in funding that is referenced in s. 311.22(3); there is no repeal in s. 311.22(1) as amended by s. 16, ch. 2007-196.