HB 5003

1
A bill to be entitled
2An act implementing the 2006-2007 General Appropriations
3Act; providing legislative intent; providing for use of
4specified calculations with respect to the Florida
5Education Finance Program; amending s. 1004.065, F.S.;
6providing a limitation on university and direct-support
7organization financings; amending s. 287.057, F.S.;
8authorizing the Department of Children and Family Services
9to contract with a private provider for a sexually violent
10predator facility; authorizing the Department of
11Corrections and the Department of Juvenile Justice to make
12certain expenditures to defray costs incurred by a
13municipality or county as a result of opening or operating
14a facility under authority of the respective department;
15amending s. 216.262, F.S.; providing for additional
16positions to operate additional prison bed capacity under
17certain circumstances; authorizing transfer of certain
18funds between the courts and the Justice Administrative
19Commission to meet certain shortfalls in due process
20services appropriations; providing for expenditure of
21funds from unallocated general revenue to offset
22deficiencies in due process services; authorizing the
23Executive Office of the Governor to transfer funds between
24departments for purposes of aligning amounts paid for risk
25management premiums and for purposes of aligning amounts
26paid for human resource management services; amending s.
27112.061, F.S.; providing for computation of travel time
28and reimbursement for public officers' and employees'
29travel; directing the Department of Environmental
30Protection to make specified awards of grant moneys for
31pollution control purposes; directing the Department of
32Environmental Protection to conduct a pilot program for
33expedited site evaluation and cleanup of port and airport
34facilities for redevelopment and expansion; providing
35guidelines for such program; creating the Caloosahatchee-
36St. Lucie Rivers Corridor Advisory Council; providing a
37definition; providing for appointment of members, per diem
38and travel expenses, staff, and duties of the advisory
39council; exempting staff from pt. II of ch. 110, F.S.,
40relating to the Career Service System; requiring
41recommendations to the Legislature; requiring a report to
42the Legislature and Governor by a specific date; providing
43for expiration of the advisory council; creating the Fuel
44Distributors Emergency Power Assistance Grant Program
45within the Department of Community Affairs; amending s.
46373.1961, F.S.; requiring the water management districts
47to fund certain alternative water supply projects;
48amending ss. 373.459 and 403.890, F.S.; requiring the
49water management districts to fund certain surface water
50improvement projects; amending s. 403.1838, F.S.;
51requiring the Department of Environmental Protection to
52fund certain wastewater projects; amending s. 120.551,
53F.S.; continuing Internet publication of certain notices
54of the Department of Environmental Protection and the
55Board of Trustees of the Internal Improvement Trust Fund;
56amending s. 502.015, F.S.; authorizing moneys in the
57General Inspection Trust Fund to be appropriated for
58certain programs operated by the Department of Agriculture
59and Consumer Services; amending s. 11.151, F.S.;
60increasing the contingency fund for the legislative
61presiding officers; amending s. 320.08058, F.S.;
62authorizing proceeds from the Professional Sports
63Development Trust Fund to be used for operational expenses
64of the Florida Sports Foundation and financial support of
65the Sunshine State Games; amending s. 253.034, F.S.;
66authorizing deposit of funds from the sale of property by
67the Department of Highway Safety and Motor Vehicles
68located in Palm Beach County; amending s. 402.3017, F.S.;
69authorizing the Agency for Workforce Innovation to
70administer Teacher Education and Compensation Helps
71(TEACH) scholarship program; amending s. 216.292, F.S.;
72authorizing the Governor to recommend fixed capital outlay
73projects funded by Federal Emergency Management Agency
74grants; providing for review by the Legislative Budget
75Commission; authorizing state agencies to make cash awards
76to state employees demonstrating satisfactory service to
77the agency or the state; providing limits on such awards;
78requiring a report with respect thereto; providing finding
79of best interest of the state for authorization and
80issuance of certain debt; providing effect of veto of
81specific appropriation or proviso to which implementing
82language refers; providing for future repeal or expiration
83of various provisions; providing for reversion of certain
84provisions; incorporating by reference specified
85performance measures and standards directly linked to the
86appropriations made in the 2006-2007 General
87Appropriations Act, as required by the Government
88Performance and Accountability Act of 1994; providing
89severability; providing effective dates.
90
91Be It Enacted by the Legislature of the State of Florida:
92
93     Section 1.  It is the intent of the Legislature that the
94implementing and administering provisions of this act apply to
95the General Appropriations Act for fiscal year 2006-2007.
96     Section 2.  In order to implement Specific Appropriations
977, 8, and 91-97 of the 2006-2007 General Appropriations Act, the
98calculations of the Florida Education Finance Program for the
992006-2007 fiscal year in the document entitled "Public School
100Funding The Florida Education Finance Program" dated March 31,
1012006, and filed with the Clerk of the House of Representatives
102are incorporated by reference for the purpose of displaying the
103calculations used by the Legislature, consistent with the
104requirements of the Florida Statutes, in making appropriations
105for the Florida Education Finance Program.
106     Section 3.  In order to implement section 11 of the 2006-
1072007 General Appropriations Act, section 1004.065, Florida
108Statutes, is amended to read:
109     1004.065  Limitation on university and direct-support
110organization financings.--No project may be financed by or on
111behalf of a university or a direct-support organization pursuant
112to s. 1001.74(5), s. 1004.28(6), s. 1010.60(2), s. 1013.15, s.
1131013.16, s. 1013.17, s. 1013.171, s. 1013.74, or s. 1013.78, or
114through any financing mechanism, including, but not limited to,
115revenue bonds, promissory notes, certificates of participation,
116lease-purchase agreements, or any other form of indebtedness,
117without prior approval of the project by the Legislature by an
118act relating to appropriations or general law. This section
119expires July 1, 2007 2006.
120     Section 4.  In order to implement Specific Appropriation
121375-380 of the 2006-2007 General Appropriations Act, paragraph
122(c) is added to subsection (14) of section 287.057, Florida
123Statutes, to read:
124     287.057  Procurement of commodities or contractual
125services.--
126     (14)
127     (c)  Notwithstanding paragraph (a), the Department of
128Children and Family Services may enter into agreements, not to
129exceed 23 years, with a private contractor to finance, design,
130and construct a secure facility, as described in s. 394.917, of
131at least 600 beds and to operate all aspects of daily operations
132within the secure facility. The contractor may sponsor the
133issuance of tax-exempt certificates of participation or other
134securities to finance the project, and the state may enter into
135a lease-purchase agreement for the secure facility. The
136department shall begin the implementation of this privatization
137initiative by July 1, 2006. This section expires July 1, 2007.
138     Section 5.  In order to fulfill legislative intent
139regarding the use of funds contained in Specific Appropriations
140720, 731, 741, and 1167 of the 2006-2007 General Appropriations
141Act, the Department of Corrections and the Department of
142Juvenile Justice may expend appropriated funds to assist in
143defraying the costs of impacts that are incurred by a
144municipality or county and associated with opening or operating
145a facility under the authority of the respective department
146which is located within that municipality or county. The amount
147that is to be paid under this section for any facility may not
148exceed 1 percent of the facility construction cost, less
149building impact fees imposed by the municipality or by the
150county if the facility is located in the unincorporated portion
151of the county. This section expires July 1, 2007.
152     Section 6.  In order to implement Specific Appropriations
153710-805 of the 2006-2007 General Appropriations Act, subsection
154(4) of section 216.262, Florida Statutes, is amended to read:
155     216.262  Authorized positions.--
156     (4)  Notwithstanding the provisions of this chapter on
157increasing the number of authorized positions, and for the 2006-
1582007 2005-2006 fiscal year only, if the actual inmate population
159of the Department of Corrections exceeds the inmate population
160projections of the March 21, 2006 February 14, 2005, Criminal
161Justice Estimating Conference by 1 percent for 2 consecutive
162months or 2 percent for any month, the Executive Office of the
163Governor, with the approval of the Legislative Budget
164Commission, shall immediately notify the Criminal Justice
165Estimating Conference, which shall convene as soon as possible
166to revise the estimates. The Department of Corrections may then
167submit a budget amendment requesting the establishment of
168positions in excess of the number authorized by the Legislature
169and additional appropriations from unallocated general revenue
170the General Revenue Fund or the Working Capital Fund sufficient
171to provide for essential staff, fixed capital improvements, and
172other resources to provide classification, security, food
173services, health services, and other variable expenses within
174the institutions to accommodate the estimated increase in the
175inmate population. All actions taken pursuant to the authority
176granted in this subsection shall be subject to review and
177approval by the Legislative Budget Commission. This subsection
178expires July 1, 2007 2006.
179     Section 7.  In order to implement Specific Appropriations
180880B, 3248, and 3248A of the 2006-2007 General Appropriations
181Act, and pursuant to the notice, review, and objection
182procedures of s. 216.177, Florida Statutes, funds in Specific
183Appropriations 880B, 3248, and 3248A of the 2006-2007 General
184Appropriations Act may be transferred between the courts and the
185Justice Administrative Commission in order to address
186unanticipated shortfalls in due process services appropriations
187in excess of the contingency fund provided in Specific
188Appropriations 880B, 3248, and 3248A of the 2006-2007 General
189Appropriations Act. This section expires July 1, 2007.
190     Section 8.  In order to implement Specific Appropriations
191880B, 3248, and 3248A of the 2006-2007 General Appropriations
192Act, if a deficit is projected by the Justice Administrative
193Commission or the state courts in any specific appropriation
194provided for due process services, the Governor or the Chief
195Justice of the Supreme Court, respectively, may submit a budget
196amendment for consideration by the Legislative Budget Commission
197to authorize the expenditure of funds from unallocated general
198revenue to offset such deficiency. Any budget amendment
199submitted by the Governor to the Legislative Budget Commission
200shall contain certification by the Justice Administrative
201Commission that all actions required by s. 29.015, Florida
202Statutes, have been completed and that no funds exist in any
203contingency fund appropriation available to the entity projected
204to experience the deficiency. Any budget amendment submitted by
205the Supreme Court shall contain certification that the court has
206completed all actions required by s. 29.016, Florida Statutes,
207and that no funds exist in any contingency fund available to the
208state courts system. This section expires July 1, 2007.
209     Section 9.  In order to implement the appropriation of
210funds in Special Categories-Risk Management Insurance of the
2112006-2007 General Appropriations Act, and pursuant to the
212notice, review, and objection procedures of s. 216.177, Florida
213Statutes, the Executive Office of the Governor is authorized to
214transfer funds appropriated in the appropriation category
215"Special Categories-Risk Management Insurance" of the 2006-2007
216General Appropriations Act between departments in order to align
217the budget authority granted with the premiums paid by each
218department for risk management insurance. This section expires
219July 1, 2007.
220     Section 10.  In order to implement the appropriation of
221funds in Special Categories-Transfer to Department of Management
222Services-Human Resources Services Purchased Per Statewide
223Contract of the 2006-2007 General Appropriations Act, and
224pursuant to the notice, review, and objection procedures of s.
225216.177, Florida Statutes, the Executive Office of the Governor
226is authorized to transfer funds appropriated in the
227appropriation category "Special Categories-Transfer to
228Department of Management Services-Human Resources Services
229Purchased Per Statewide Contract" of the 2006-2007 General
230Appropriations Act between departments in order to align the
231budget authority granted with the assessments that must be paid
232by each agency to the Department of Management Services for
233human resource management services. This section expires July 1,
2342007.
235     Section 11.  In order to implement sections 2-7 of the
2362006-2007 General Appropriations Act, paragraph (c) of
237subsection (5) and paragraph (d) of subsection (6) of section
238112.061, Florida Statutes, are amended to read:
239     112.061  Per diem and travel expenses of public officers,
240employees, and authorized persons.--
241     (5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
242purposes of reimbursement and methods of calculating fractional
243days of travel, the following principles are prescribed:
244     (c)  For the 2006-2007 2005-2006 fiscal year only and
245notwithstanding the other provisions of this subsection, for
246Class C travel, a state traveler shall not be reimbursed on a
247per diem basis nor shall a traveler receive subsistence
248allowance. This paragraph expires July 1, 2007 2006.
249     (6)  RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
250purposes of reimbursement rates and methods of calculation, per
251diem and subsistence allowances are divided into the following
252groups and rates:
253     (d)  For the 2006-2007 2005-2006 fiscal year only and
254notwithstanding the other provisions of this subsection, for
255Class C travel, a state traveler shall not be reimbursed on a
256per diem basis nor shall a traveler receive subsistence
257allowance. This paragraph expires July 1, 2007 2006.
258     Section 12.  Notwithstanding s. 403.7095, Florida Statutes,
259in order to implement Specific Appropriation 1868 of the 2006-
2602007 General Appropriations Act, the Department of Environmental
261Protection shall award:
262     (1)  $6,500,000 in grants equally to counties with
263populations of fewer than 100,000 for waste tire, litter
264prevention, recycling and education, and general solid waste
265programs.
266     (2)  $1,599,500 to be used for Innovative Grants.
267     (3)  $1,500,000 to be used for the Florida Green
268Procurement Initiative to assist state agencies in meeting s.
269403.7065.
270     (4)  $5,000,000 to be used for the Treasure Coast Regional
271Biosolids Management Facility.
272
273This section expires July 1, 2007.
274     Section 13.  In order to implement Specific Appropriation
2751847 of the 2006-2007 General Appropriations Act, and for the
2762006-2007 fiscal year only, the Department of Environmental
277Protection shall conduct a pilot program of the efficacy of
278expedited site evaluation and cleanup of existing public port
279and airport facility sites that have high redevelopment
280potential and that serve an immediate and demonstrated public
281purpose. The department shall conduct the pilot program at sites
282that will serve as prototypes to evaluate the need for funding
283in subsequent years.
284     (1)  The pilot program sites selected must include:
285     (a)  A port facility at which petroleum contamination is a
286potential threat to marine and estuarine waters and is hindering
287the tourism, trade, and economic development potential for the
288facility and the surrounding area; and
289     (b)  An airport adjacent to marine or estuarine waters
290where redevelopment and expansion are likely to be hindered by
291petroleum contamination issues.
292     (2)  The pilot program should focus on:
293     (a)  Rapid assessment of the scope of the contamination
294issues;
295     (b)  The effective use of existing site information;
296     (c)  For larger, multiyear projects, the development of
297project phases, schedules, and budget estimates, including
298appropriate cost sharing components with affected entities;
299     (d)  Commitment of one-time funds for petroleum
300contamination assessment, free product removal, soil removal,
301and restoration that will render site conditions suitable for
302immediate redevelopment; and
303     (e)  Preparation of an independent oversight report that
304evaluates the cost-effectiveness of this funding approach with
305emphasis on the timing of tax benefits that may accrue.
306     (3)  The department is directed to implement this pilot
307program as soon as possible and report its progress to the
308Legislature by March 1, 2007.
309     (4)  This section expires July 1, 2007.
310     Section 14.  In order to implement Specific Appropriation
3111825 of the 2006-2007 General Appropriations Act, and for the
3122006-2007 fiscal year only, there is hereby created the
313Caloosahatchee-St. Lucie Rivers Corridor Advisory Council.
314     (1)  For purposes of this act, the hydrologic basins of the
315Caloosahatchee River and its estuary and the St. Lucie River and
316its estuary, including Lake Okeechobee, shall be known as the
317"Caloosahatchee-St. Lucie Rivers Corridor."
318     (2)  The Caloosahatchee-St. Lucie Rivers Corridor Advisory
319Council is under the Department of Environmental Protection and
320shall consist of 17 members who shall be appointed as follows:
321     (a)  The Governor shall appoint:
322     1.  One consumer member.
323     2.  One member with hydrologic experience within the
324Caloosahatchee-St. Lucie Rivers Corridor and expertise in
325engineering.
326     3.  One member from the agriculture industry.
327     4.  One member from an environmental group.
328     5.  One member from the business or tourism community in
329Okeechobee County, Martin County, or Palm Beach County.
330     (b)  The President of the Senate shall appoint:
331     1.  One member representing local government in Lee County.
332     2.  One member with hydrologic experience within the
333Caloosahatchee-St. Lucie Rivers Corridor and expertise in
334hydrology.
335     3.  One member from the agriculture industry.
336     4.  One member from an environmental group.
337     5.  One member from the business or tourism community in
338Lee County or Charlotte County.
339     6.  One member from the Senate.
340     (c)  The Speaker of the House of Representatives shall
341appoint:
342     1.  One member representing local government in Martin
343County.
344     2.  One member with hydrologic experience within the
345Caloosahatchee-St. Lucie Rivers Corridor and expertise in
346biology.
347     3.  One member from the agriculture industry.
348     4.  One member from an environmental group.
349     5.  One member from the business or tourism community in
350Hendry County or Glades County.
351     6.  One member from the House of Representatives.
352     (d)  The Governor shall appoint the chair of the advisory
353council from among its members.
354     (e)  Appointments to the advisory council shall be made no
355later than 30 days after the effective date of this act.
356     (f)  Each member of the advisory council may receive per
357diem and travel expenses as provided in s. 112.061, Florida
358Statutes, while carrying out the business of the advisory
359council.
360     (g)  The first meeting of the advisory council shall be
361held no later than 60 days after the effective date of this act.
362     (h)  The records and meetings of the advisory council are
363subject to the provisions of chapter 119 and s. 286.011, Florida
364Statutes.
365     (i)  The advisory council shall be staffed by an executive
366director and other personnel selected and hired by the
367Department of Environmental Protection who shall be exempt from
368part II of chapter 110, Florida Statutes, relating to the Career
369Service System. The Department of Environmental Protection may
370employ staff and consultants as necessary to assist the advisory
371council in fulfilling its responsibilities. The South Florida
372Water Management District and the Department of Environmental
373Protection shall each appoint a liaison for the respective
374agency to work directly with the executive director of the
375advisory council and to provide expertise and assistance to the
376advisory council.
377     (3)  The duties of the Caloosahatchee-St. Lucie Rivers
378Corridor Advisory Council are to:
379     (a)  Meet at least five times after August 1, 2006.
380     (b)  Hold a minimum of five public hearings within the
381Caloosahatchee-St. Lucie Rivers Corridor for the purpose of
382receiving public comments and information.
383     (c)  Review the operation and management of Lake Okeechobee
384and the associated discharges from the lake for the purpose of
385formulating specific recommendations relating to, but not
386limited to:
387     1.  Scientifically viable, economically feasible projects,
388programs, and regulations that address or mitigate the impacts
389of high-level discharges from Lake Okeechobee upon the receiving
390waters of the Caloosahatchee River and the St. Lucie Canal and
391St. Lucie River and their respective estuaries.
392     2.  Ongoing projects and plans authorized pursuant to the
393Lake Okeechobee Protection Program and the Comprehensive
394Everglades Restoration Plan under s. 373.4592, Florida Statutes.
395     3.  Environmentally and economically feasible projects to
396remove accumulated sedimentation from Lake Okeechobee.
397     4.  Alternative treatment strategies, projects, best
398management practices, and funding sources to manage more
399effectively the hydrology of the corridor to minimize adverse
400ecological effects upon the receiving waters from Lake
401Okeechobee discharge.
402     5.  Long-term funding for implementation of the projects
403and programs identified in the report.
404     (4)  The advisory council shall prepare and submit a report
405and recommendations to the President of the Senate and the
406Speaker of the House of Representatives prior to the 2007
407Regular Session of the Legislature for implementation of
408projects and strategies to mitigate the present effects of high
409discharges from Lake Okeechobee upon the described basins.
410     (5)  The advisory council shall submit to the Governor, the
411President of the Senate, and the Speaker of the House of
412Representatives by March 1, 2007, a report with specific
413recommendations for implementation by the Legislature and the
414Governor that will mitigate ecological effects upon the
415Caloosahatchee-St. Lucie Rivers Corridor and stabilize the
416effect of high discharges from Lake Okeechobee upon the tourist
417economy of Southwest and Southeast Florida.
418     (6)  The advisory council shall expire on April 1, 2007,
419and this section shall expire July 1, 2007.
420     Section 15.  In order to implement Specific Appropriation
4211857A of the 2006-2007 General Appropriations Act, there is
422hereby created the Fuel Distributors Emergency Power Assistance
423Grant Program within the Department of Community Affairs to
424provide assistance to fuel distributors in retrofitting their
425facilities to accommodate portable generators in preparation for
426major power outages. This section expires July 1, 2007.
427     Section 16.  In order to implement Specific Appropriation
4281827 of the 2006-2007 General Appropriations Act, subsection (5)
429is added to section 373.1961, Florida Statutes, to read:
430     373.1961  Water production; general powers and duties;
431identification of needs; funding criteria; economic incentives;
432reuse funding.--
433     (5)  FUNDING FOR ALTERNATIVE WATER SUPPLY PROJECTS FOR THE
4342006-2007 FISCAL YEAR.--For the 2006-2007 fiscal year only, and
435notwithstanding any other provision of this section, the water
436management districts shall fund the alternative water supply
437projects listed in the 2006-2007 General Appropriations Act.
438This subsection expires July 1, 2007.
439     Section 17.  In order to implement Specific Appropriation
4401820 of the 2006-2007 General Appropriations Act, subsection (6)
441is added to section 373.459, Florida Statutes, to read:
442     373.459  Funds for surface water improvement and
443management.--
444     (6)  For the 2006-2007 fiscal year only, and
445notwithstanding any other provision of ss. 373.451-373.459, the
446water management districts shall fund the surface water
447improvement projects listed in the 2006-2007 General
448Appropriations Act. This subsection expires July 1, 2007.
449     Section 18.  In order to implement Specific Appropriation
4501820 of the 2006-2007 General Appropriations Act, paragraph (c)
451of subsection (1) of section 403.890, Florida Statutes, is
452amended to read:
453     403.890  Water Protection and Sustainability Program;
454intent; goals; purposes.--
455     (1)  Effective July 1, 2006, revenues transferred from the
456Department of Revenue pursuant to s. 201.15(1)(d)2. shall be
457deposited into the Water Protection and Sustainability Program
458Trust Fund in the Department of Environmental Protection. These
459revenues and any other additional revenues deposited into or
460appropriated to the Water Protection and Sustainability Trust
461Fund shall be distributed by the Department of Environmental
462Protection in the following manner:
463     (c)1.  Ten percent shall be disbursed for the purposes of
464funding projects pursuant to ss. 373.451-373.459 or surface
465water restoration activities in water-management-district-
466designated priority water bodies. The Secretary of Environmental
467Protection shall ensure that each water management district
468receives the following percentage of funds annually:
469     a.1.  Thirty-five percent to the South Florida Water
470Management District;
471     b.2.  Twenty-five percent to the Southwest Florida Water
472Management District;
473     c.3.  Twenty-five percent to the St. Johns River Water
474Management District;
475     d.4.  Seven and one-half percent to the Suwannee River
476Water Management District; and
477     e.5.  Seven and one-half percent to the Northwest Florida
478Water Management District.
479     2.  For the 2006-2007 fiscal year only, and notwithstanding
480subparagraph 1., the water management districts shall fund the
481surface water improvement projects listed in the 2006-2007
482General Appropriations Act. This subparagraph expires July 1,
4832007.
484     Section 19.  In order to implement Specific Appropriation
4851826 of the 2006-2007 General Appropriations Act, subsection (4)
486is added to section 403.1838, Florida Statutes, to read:
487     403.1838  Small Community Sewer Construction Assistance
488Act.--
489     (4)  For the 2006-2007 fiscal year only, and
490notwithstanding any other provision of this section, the
491department shall fund the wastewater projects listed in the
4922006-2007 General Appropriations Act. This subsection expires
493July 1, 2007.
494     Section 20.  In order to implement Specific Appropriation
4951790 of the 2006-2007 General Appropriations Act, subsection (3)
496of section 120.551, Florida Statutes, is amended to read:
497     120.551  Internet publication.--
498     (3)  This section is repealed effective July 1, 2007 2006,
499unless reviewed and reenacted by the Legislature before that
500date.
501     Section 21.  In order to implement Specific Appropriations
5021362-1546A of the 2006-2007 General Appropriations Act, section
503502.015, Florida Statutes, is amended to read:
504     502.015  General Inspection Trust Fund.--
505     (1)  Any moneys collected by the department pursuant to
506this chapter shall be deposited in the General Inspection Trust
507Fund and used solely for the programs in this chapter.
508     (2)  For the 2006-2007 fiscal year only and notwithstanding
509any other provision of law to the contrary, in addition to the
510spending authorized in subsection (1), moneys in the General
511Inspection Trust Fund may be appropriated for programs operated
512by the department which are related to the programs authorized
513by this chapter. This subsection expires July 1, 2007.
514     Section 22.  In order to implement Specific Appropriations
5152788 and 2789 of the 2006-2007 General Appropriations Act,
516section 11.151, Florida Statutes, is amended to read:
517     11.151  Annual legislative appropriation to contingency
518fund for use of Senate President and House Speaker.--
519     (1)  There is established a legislative contingency fund
520consisting of $10,000 for the President of the Senate and
521$10,000 for the Speaker of the House of Representatives, which
522amounts shall be set aside annually from moneys appropriated for
523legislative expense. These funds shall be disbursed by the Chief
524Financial Officer upon receipt of vouchers authorized by the
525President of the Senate or the Speaker of the House of
526Representatives. Such funds may be expended at the unrestricted
527discretion of the President of the Senate or the Speaker of the
528House of Representatives in carrying out their official duties
529during the entire period between the date of their election as
530such officers at the organizational meeting held pursuant to s.
5313(a), Art. III of the State Constitution and the next general
532election.
533     (2)  For the 2006-2007 2005-2006 fiscal year only, the
534contingency fund amounts in subsection (1) are increased to
535$20,000. This subsection expires July 1, 2007 2006.
536     Section 23.  In order to implement Specific Appropriation
5372688 of the 2006-2007 General Appropriations Act, paragraph (b)
538of subsection (9) of section 320.08058, Florida Statutes, is
539amended to read:
540     320.08058  Specialty license plates.--
541     (9)  FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--
542     (b)  The license plate annual use fees are to be annually
543distributed as follows:
544     1.  Fifty-five percent of the proceeds from the Florida
545Professional Sports Team plate must be deposited into the
546Professional Sports Development Trust Fund within the Office of
547Tourism, Trade, and Economic Development. These funds must be
548used solely to attract and support major sports events in this
549state. As used in this subparagraph, the term "major sports
550events" means, but is not limited to, championship or all-star
551contests of Major League Baseball, the National Basketball
552Association, the National Football League, the National Hockey
553League, the men's and women's National Collegiate Athletic
554Association Final Four basketball championship, or a horseracing
555or dogracing Breeders' Cup. All funds must be used to support
556and promote major sporting events, and the uses must be approved
557by the Florida Sports Foundation.
558     2.  The remaining proceeds of the Florida Professional
559Sports Team license plate must be allocated to the Florida
560Sports Foundation, a direct-support organization of the Office
561of Tourism, Trade, and Economic Development. These funds must be
562deposited into the Professional Sports Development Trust Fund
563within the Office of Tourism, Trade, and Economic Development.
564These funds must be used by the Florida Sports Foundation to
565promote the economic development of the sports industry; to
566distribute licensing and royalty fees to participating
567professional sports teams; to promote education programs in
568Florida schools that provide an awareness of the benefits of
569physical activity and nutrition standards; to partner with the
570Department of Education and the Department of Health to develop
571a program that recognizes schools whose students demonstrate
572excellent physical fitness or fitness improvement; to institute
573a grant program for communities bidding on minor sporting events
574that create an economic impact for the state; to distribute
575funds to Florida-based charities designated by the Florida
576Sports Foundation and the participating professional sports
577teams; and to fulfill the sports promotion responsibilities of
578the Office of Tourism, Trade, and Economic Development.
579     3.  The Florida Sports Foundation shall provide an annual
580financial audit in accordance with s. 215.981 of its financial
581accounts and records by an independent certified public
582accountant pursuant to the contract established by the Office of
583Tourism, Trade, and Economic Development as specified in s.
584288.1229(5). The auditor shall submit the audit report to the
585Office of Tourism, Trade, and Economic Development for review
586and approval. If the audit report is approved, the office shall
587certify the audit report to the Auditor General for review.
588     4.  For the 2006-2007 2005-2006 fiscal year only and
589notwithstanding the provisions of subparagraphs 1. and 2.,
590proceeds from the Professional Sports Development Trust Fund may
591also be used for operational expenses of the Florida Sports
592Foundation and financial support of the Sunshine State Games.
593This subparagraph expires July 1, 2007 2006.
594     Section 24.  In order to implement section 32 of the 2006-
5952007 General Appropriations Act, subsection (13) of section
596253.034, Florida Statutes, is amended to read:
597     253.034  State-owned lands; uses.--
598     (13)  Notwithstanding the provisions of this section, funds
599from the sale of property by the Department of Highway Safety
600and Motor Vehicles located in Palm Beach County are authorized
601to be deposited into the Highway Safety Operating Trust Fund to
602facilitate the exchange as provided in the General
603Appropriations Act, provided that at the conclusion of both
604exchanges the values are equalized. This subsection expires July
6051, 2007 2006.
606     Section 25.  In order to implement proviso language in
607Specific Appropriation 2304 of the 2006-2007 General
608Appropriations Act, section 402.3017, Florida Statutes, is
609amended to read:
610     402.3017  Teacher Education and Compensation Helps (TEACH)
611scholarship program.--
612     (1)  The Legislature finds that the level of early child
613care teacher education and training is a key predictor for
614determining program quality. The Legislature also finds that low
615wages for child care workers prevent many from obtaining
616increased training and education and contribute to high turnover
617rates. The Legislature therefore intends to help fund a program
618which links teacher training and education to compensation and
619commitment to the field of early childhood education.
620     (2)  The Department of Children and Family Services is
621authorized to contract for the administration of the Teacher
622Education and Compensation Helps (TEACH) scholarship program,
623which provides educational scholarships to caregivers and
624administrators of early childhood programs, family day care
625homes, and large family child care homes.
626     (3)  The department shall adopt rules as necessary to
627implement this section.
628     (4)  For the 2006-2007 2005-2006 fiscal year only, the
629Agency for Workforce Innovation may shall administer this
630section. This subsection expires July 1, 2007 2006.
631     Section 26.  In order to implement Specific Appropriations
6321594, 1596, 1598, and 1600 of the 2006-2007 General
633Appropriations Act, subsection (5) of section 216.292, Florida
634Statutes, is amended to read:
635     216.292  Appropriations nontransferable; exceptions.--
636     (5)(a)  A transfer of funds may not result in the
637initiation of a fixed capital outlay project that has not
638received a specific legislative appropriation, except that
639federal funds for fixed capital outlay projects for the
640Department of Military Affairs, which do not carry a continuing
641commitment on future appropriations by the Legislature, may be
642approved by the Executive Office of the Governor for the purpose
643received, subject to the notice, review, and objection
644procedures set forth in s. 216.177.
645     (b)  Notwithstanding paragraph (a), and for the 2006-2007
646fiscal year only, the Governor may recommend the initiation of
647fixed capital outlay projects funded by grants awarded by the
648Federal Emergency Management Agency for FEMA Disaster
649Declarations 1539-DR-FL, 1545-DR-FL, 1551-DR-FL, and 1561-DR-FL.
650All actions taken pursuant to the authority granted in this
651paragraph are subject to review and approval by the Legislative
652Budget Commission. This paragraph expires July 1, 2007.
653     Section 27.  In order to implement specific appropriations
654for salaries and benefits in the 2006-2007 General
655Appropriations Act, notwithstanding the provisions of s.
656110.1245(4), Florida Statutes, and for the 2006-2007 fiscal year
657only, agencies may additionally use funds for cash awards to
658state employees who demonstrate satisfactory service in the
659agency or to the state, in appreciation and recognition of such
660service. Awards may not exceed $100 each and will be allocated
661from an agency's existing budget. By March 1, 2007, agencies
662that elect to make cash awards will report to the Governor and
663Cabinet, the President of the Senate, and the Speaker of the
664House of Representatives the dollar value and number of such
665awards given. If available, any additional information
666concerning employee satisfaction and feedback should be
667provided. This section expires July 1, 2007.
668     Section 28.  In order to implement the issuance of new debt
669authorized in the 2006-2007 General Appropriations Act, and
670pursuant to the requirements of s. 215.98, Florida Statutes, the
671Legislature determines that the authorization and issuance of
672debt for the 2006-2007 fiscal year is in the best interest of
673the state and should be implemented.
674     Section 29.  A section of this act that implements a
675specific appropriation or specifically identified proviso
676language in the 2006-2007 General Appropriations Act is void if
677the specific appropriation or specifically identified proviso
678language is vetoed. A section of this act that implements more
679than one specific appropriation or more than one portion of
680specifically identified proviso language in the 2006-2007
681General Appropriations Act is void if all the specific
682appropriations or portions of specifically identified proviso
683language are vetoed.
684     Section 30.  If any other act passed in 2006 contains a
685provision that is substantively the same as a provision in this
686act, but that removes or is otherwise not subject to the future
687repeal applied to such provision by this act, the Legislature
688intends that the provision in the other act shall take
689precedence and shall continue to operate, notwithstanding the
690future repeal provided by this act.
691     Section 31.  The agency performance measures and standards
692in the document entitled "Performance Measures and Standards
693Approved by the Legislature for Fiscal Year 2006-2007" dated
694March 31, 2006, and filed with the Clerk of the House of
695Representatives are incorporated by reference. Such performance
696measures and standards are directly linked to the appropriations
697made in the General Appropriations Act for fiscal year 2006-
6982007, as required by the Government Performance and
699Accountability Act of 1994. State agencies are directed to
700revise their long-range program plans required under s. 216.013,
701Florida Statutes, to be consistent with these performance
702measures and standards.
703     Section 32.  If any provision of this act or its
704application to any person or circumstance is held invalid, the
705invalidity may not affect other provisions or applications of
706the act which can be given effect without the invalid provision
707or application, and to this end the provisions of this act are
708declared severable.
709     Section 33.  Except as otherwise expressly provided in this
710act, this act shall take effect July 1, 2006; or, if this act
711fails to become a law until after that date, it shall take
712effect upon becoming a law and shall operate retroactively to
713July 1, 2006.


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