House Bill 4217

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    Florida House of Representatives - 1998                HB 4217

        By the Committee on Transportation & Economic Development
    Appropriations and Representative Merchant





  1                      A bill to be entitled

  2         An act relating to implementing the 1998-1999

  3         General Appropriations Act in the area of

  4         transportation and economic development;

  5         providing legislative intent; amending s.

  6         15.09, F.S.; authorizing the appropriation of

  7         funds from the Public Access Data Systems Trust

  8         Fund for the operations of the Department of

  9         State; amending s. 338.251, F.S.; authorizing a

10         loan from the Toll Facilities Revolving Trust

11         Fund to the St. Lucie County Expressway

12         Authority for purposes relating to

13         revenue-producing road projects; amending s.

14         253.034, F.S.; authorizing the Department of

15         Transportation to sell certain property

16         utilized by the Department of Highway Safety

17         and Motor Vehicles; amending s. 14.2015, F.S.;

18         establishing an economic development grant

19         program under the Office of Tourism, Trade, and

20         Economic Development; providing criteria,

21         requirements, and restrictions with respect

22         thereto; amending ss. 288.108 and 288.90152,

23         F.S.; correcting cross references; providing

24         for future repeal; providing effect of veto of

25         specific appropriation or proviso to which

26         implementing language refers; providing

27         applicability to other legislation; providing

28         severability; providing an effective date.

29

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

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    Florida House of Representatives - 1998                HB 4217

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

  2  the implementing and administering provisions of this act

  3  apply to the fiscal year 1998-1999 General Appropriations Act

  4  in the area of transportation and economic development.

  5         Section 2.  In order to implement Specific

  6  Appropriations 2127 through 2187 of the 1998-1999 General

  7  Appropriations Act, paragraph (b) of subsection (5) of section

  8  15.09, Florida Statutes, is amended to read:

  9         15.09  Fees.--

10         (5)

11         (b)  For the 1998-1999 1997-1998 fiscal year only,

12  funds from the Public Access Data Systems Trust Fund may be

13  appropriated for the operations of the department.  This

14  paragraph is repealed on July 1, 1999 1998.

15         Section 3.  In order to implement Specific

16  Appropriation 1531Y of the 1998-1999 General Appropriations

17  Act, paragraph (b) of subsection (1) of section 338.251,

18  Florida Statutes, is amended to read:

19         338.251  Toll Facilities Revolving Trust Fund.--The

20  Toll Facilities Revolving Trust Fund is hereby created for the

21  purpose of encouraging the development and enhancing the

22  financial feasibility of revenue-producing road projects

23  undertaken by local governmental entities in a county or

24  combination of contiguous counties.

25         (1)

26         (b)  For the 1998-1999 1997-1998 fiscal year only, up

27  to $5.3 million $500,000 may be loaned by the department to

28  the St. Lucie County Expressway Authority for purposes

29  described in paragraph (a). This paragraph is repealed on July

30  1, 1999 1998.

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    Florida House of Representatives - 1998                HB 4217

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  1         Section 4.  In order to implement Specific

  2  Appropriation 1571M of the 1998-1999 General Appropriations

  3  Act, subsection (9) is added to section 253.034, Florida

  4  Statutes, to read:

  5         253.034  State-owned lands; uses.--

  6         (9)  Notwithstanding any provision of this section or

  7  s. 253.111 to the contrary, the Department of Transportation

  8  may sell, at fair market value, the following described state

  9  real property utilized by the Department of Highway Safety and

10  Motor Vehicles:

11

12         From the NW Corner of Section 28 Township 22

13         South, Range 30 East, run North 89 degrees 21

14         minutes 24 seconds East 1900 feet; thence run

15         South 0 degrees 38 minutes 36 seconds East

16         59.45 feet for a point of beginning, said point

17         being on the Southerly right of way line of

18         State Highway No. 50; thence South 0 degrees 38

19         minutes 36 seconds East 525.41 feet; thence

20         North 66 degrees 42 minutes 09 seconds East 390

21         feet more or less to the waters edge of Lake

22         Barton; thence run Northerly along the waters

23         edge of Lake Barton to the North line of said

24         Section 28; thence run South 89 degrees 21

25         minutes 24 seconds West along the North line of

26         said Section 28, to a 4" concrete monument on

27         the Southerly right of way line of State Road

28         No. 50, being North 89 degrees 21 minutes 24

29         seconds East 2315.27 feet from the NW Corner of

30         said Section 28; thence run Westerly 419.59

31         feet along the arc of a 0 degree 44 minutes 25

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    Florida House of Representatives - 1998                HB 4217

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  1         seconds curve concave to the Northwesterly,

  2         (having a central angle of 3 degrees 6 minutes

  3         22 seconds, the long chord bearing South 81

  4         degrees 08 minutes 37 seconds West 419.50 feet)

  5         to the point of beginning. All of the above

  6         described land being in the NE 1/4 of the NW

  7         1/4 of said Section 28, Orange County, Florida.

  8

  9  Proceeds from the sale shall be deposited in the State

10  Transportation Trust Fund. The Board of Trustees of the

11  Internal Improvement Trust Fund shall execute and deliver a

12  deed of conveyance for the purpose of carrying into effect a

13  contract or agreement of sale. This subsection is repealed on

14  July 1, 1999.

15         Section 5.  In order to implement Specific

16  Appropriations 1725 through 1743 of the 1998-1999 General

17  Appropriations Act, subsection (9) is added to section

18  14.2015, Florida Statutes, to read:

19         14.2015  Office of Tourism, Trade, and Economic

20  Development; creation; powers and duties.--

21         (9)(a)  Subject to the cooperative recommendations of

22  Enterprise Florida, Inc., and the Florida Commission on

23  Tourism and also to the approval of the Governor, the Office

24  of Tourism, Trade, and Economic Development is authorized to

25  expend appropriated state and federal funds for general

26  economic development grants. The office shall establish

27  criteria for the award of grants, including criteria relating

28  to highest economic return for the state as a whole, or a

29  particular region, county, city, or community, ability to

30  properly administer grant funds, and such other matters deemed

31  necessary and appropriate to further the purposes of this

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    Florida House of Representatives - 1998                HB 4217

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  1  subsection. The office shall expend all funds in accordance

  2  with state law and shall use such appropriations to supplement

  3  the financial support of:

  4         1.  Programs that have a substantial economic

  5  significance, giving emphasis to programs that benefit the

  6  state as a whole.

  7         2.  Programs with a high potential for match funding

  8  from nonstate sources.

  9         3.  Economic development programs for which no other

10  state grants are available.

11         4.  Rural areas and distressed urban areas.

12         (b)  Grants shall be made by contract with any

13  nonprofit corporation or local or state governmental entity.

14  Of the total amount of funds available from all sources for

15  grants, 70 percent of such funds shall be awarded on a

16  50-percent matching basis. Up to 30 percent of such funds

17  available may be awarded on a nonmatching basis.

18         (c)  In administering grants, contracts, and funds

19  appropriated for economic development programs, the office may

20  release moneys in advance on a quarterly basis. By the end of

21  the contract period, the grantee or contractee shall furnish

22  to the office a complete and accurate accounting of how all

23  grant funds were expended. Postaudits to be conducted by an

24  independent certified public accountant may be required in

25  accordance with criteria adopted by the office.

26         (d)  The office shall not award any new grant which

27  will, in whole or in part, inure to the personal benefit of

28  any board member of Enterprise Florida, Inc., or the Florida

29  Commission on Tourism during that member's term of office, if

30  the board member participated in the vote of the board or

31  panel thereof recommending the award. However, this subsection

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  1  does not prohibit the office from awarding a grant to an

  2  entity with which a board member is associated.

  3         (e)  This subsection is repealed on July 1, 1999.

  4         Section 6.  Paragraph (e) of subsection (6) of section

  5  288.108, Florida Statutes, is amended to read:

  6         288.108  High-impact business.--

  7         (6)  SELECTION AND DESIGNATION OF HIGH-IMPACT

  8  SECTORS.--

  9         (e)  The study and its findings and recommendations and

10  the recommendations gathered from the sector-business network

11  must be discussed and considered during at least one of the

12  quarterly meetings required in s. 14.2015(2)(f)(h).

13         Section 7.  Subsection (7) of section 288.90152,

14  Florida Statutes, is amended to read:

15         288.90152  Pilot matching grant program.--

16         (7)  Upon completing all training funded under this

17  pilot program, the Office of Tourism, Trade, and Economic

18  Development shall report on the outputs and outcomes for this

19  program as part of the annual report prepared under s.

20  14.2015(2)(e)(g). Such report must include a recommendation on

21  whether it would be sound public policy to continue or

22  discontinue funding for the program.

23         Section 8.  A section of this act that implements a

24  specific appropriation or specifically identified proviso

25  language in the 1998-1999 General Appropriations Act is void

26  if the specific appropriation or specifically identified

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

28  implements more than one specific appropriation or more than

29  one portion of specifically identified proviso language in the

30  1998-1999 General Appropriations Act is void if all the

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    Florida House of Representatives - 1998                HB 4217

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  1  specific appropriations or portions of specifically identified

  2  proviso language are vetoed.

  3         Section 9.  If any other act passed during the 1998

  4  Regular Session of the Legislature or any extension thereof

  5  contains a provision which is substantively the same as a

  6  provision in this act, but which removes or is otherwise not

  7  subject to the future repeal applied to such provision by this

  8  act, the Legislature intends that the provision in the other

  9  act shall take precedence and shall continue to operate,

10  notwithstanding the future repeal provided by this act.

11         Section 10.  If any provision of this act or the

12  application thereof to any person or circumstance is held

13  invalid, the invalidity shall not affect other provisions or

14  applications of the act which can be given effect without the

15  invalid provision or application, and to this end the

16  provisions of this act are declared severable.

17         Section 11.  This act shall take effect July 1, 1998;

18  or, in the event this act fails to become a law until after

19  that date, it shall operate retroactively thereto.

20

21            *****************************************

22                          HOUSE SUMMARY

23
      For the purpose of implementing the 1998-1999 General
24    Appropriations Act in the area of transportation and
      economic development, authorizes the appropriation of
25    funds from the Public Access Data Systems Trust Fund for
      the operations of the Department of State, authorizes a
26    loan from the Toll Facilities Revolving Trust Fund to the
      St. Lucie County Expressway Authority for purposes
27    relating to revenue-producing road projects, and
      authorizes the Department of Transportation to sell
28    certain property utilized by the Department of Highway
      Safety and Motor Vehicles. Establishes an economic
29    development grant program under the Office of Tourism,
      Trade, and Economic Development and provides criteria,
30    requirements, and restrictions with respect thereto.

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