1 | A bill to be entitled |
2 | An act implementing the 2006-2007 General Appropriations |
3 | Act; providing legislative intent; providing for use of |
4 | specified calculations with respect to the Florida |
5 | Education Finance Program; amending s. 1004.065, F.S.; |
6 | providing a limitation on university and direct-support |
7 | organization financings; amending s. 287.057, F.S.; |
8 | authorizing the Department of Children and Family Services |
9 | to contract with a private provider for a sexually violent |
10 | predator facility; authorizing the Department of |
11 | Corrections and the Department of Juvenile Justice to make |
12 | certain expenditures to defray costs incurred by a |
13 | municipality or county as a result of opening or operating |
14 | a facility under authority of the respective department; |
15 | amending s. 216.262, F.S.; providing for additional |
16 | positions to operate additional prison bed capacity under |
17 | certain circumstances; authorizing transfer of certain |
18 | funds between the courts and the Justice Administrative |
19 | Commission to meet certain shortfalls in due process |
20 | services appropriations; providing for expenditure of |
21 | funds from unallocated general revenue to offset |
22 | deficiencies in due process services; authorizing the |
23 | Executive Office of the Governor to transfer funds between |
24 | departments for purposes of aligning amounts paid for risk |
25 | management premiums and for purposes of aligning amounts |
26 | paid for human resource management services; amending s. |
27 | 112.061, F.S.; providing for computation of travel time |
28 | and reimbursement for public officers' and employees' |
29 | travel; directing the Department of Environmental |
30 | Protection to make specified awards of grant moneys for |
31 | pollution control purposes; directing the Department of |
32 | Environmental Protection to conduct a pilot program for |
33 | expedited site evaluation and cleanup of port and airport |
34 | facilities for redevelopment and expansion; providing |
35 | guidelines for such program; creating the Caloosahatchee- |
36 | St. Lucie Rivers Corridor Advisory Council; providing a |
37 | definition; providing for appointment of members, per diem |
38 | and travel expenses, staff, and duties of the advisory |
39 | council; exempting staff from pt. II of ch. 110, F.S., |
40 | relating to the Career Service System; requiring |
41 | recommendations to the Legislature; requiring a report to |
42 | the Legislature and Governor by a specific date; providing |
43 | for expiration of the advisory council; creating the Fuel |
44 | Distributors Emergency Power Assistance Grant Program |
45 | within the Department of Community Affairs; amending s. |
46 | 373.1961, F.S.; requiring the water management districts |
47 | to fund certain alternative water supply projects; |
48 | amending ss. 373.459 and 403.890, F.S.; requiring the |
49 | water management districts to fund certain surface water |
50 | improvement projects; amending s. 403.1838, F.S.; |
51 | requiring the Department of Environmental Protection to |
52 | fund certain wastewater projects; amending s. 120.551, |
53 | F.S.; continuing Internet publication of certain notices |
54 | of the Department of Environmental Protection and the |
55 | Board of Trustees of the Internal Improvement Trust Fund; |
56 | amending s. 502.015, F.S.; authorizing moneys in the |
57 | General Inspection Trust Fund to be appropriated for |
58 | certain programs operated by the Department of Agriculture |
59 | and Consumer Services; amending s. 11.151, F.S.; |
60 | increasing the contingency fund for the legislative |
61 | presiding officers; amending s. 320.08058, F.S.; |
62 | authorizing proceeds from the Professional Sports |
63 | Development Trust Fund to be used for operational expenses |
64 | of the Florida Sports Foundation and financial support of |
65 | the Sunshine State Games; amending s. 253.034, F.S.; |
66 | authorizing deposit of funds from the sale of property by |
67 | the Department of Highway Safety and Motor Vehicles |
68 | located in Palm Beach County; amending s. 402.3017, F.S.; |
69 | authorizing the Agency for Workforce Innovation to |
70 | administer Teacher Education and Compensation Helps |
71 | (TEACH) scholarship program; amending s. 216.292, F.S.; |
72 | authorizing the Governor to recommend fixed capital outlay |
73 | projects funded by Federal Emergency Management Agency |
74 | grants; providing for review by the Legislative Budget |
75 | Commission; authorizing state agencies to make cash awards |
76 | to state employees demonstrating satisfactory service to |
77 | the agency or the state; providing limits on such awards; |
78 | requiring a report with respect thereto; providing finding |
79 | of best interest of the state for authorization and |
80 | issuance of certain debt; providing effect of veto of |
81 | specific appropriation or proviso to which implementing |
82 | language refers; providing for future repeal or expiration |
83 | of various provisions; providing for reversion of certain |
84 | provisions; incorporating by reference specified |
85 | performance measures and standards directly linked to the |
86 | appropriations made in the 2006-2007 General |
87 | Appropriations Act, as required by the Government |
88 | Performance and Accountability Act of 1994; providing |
89 | severability; providing effective dates. |
90 |
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91 | Be It Enacted by the Legislature of the State of Florida: |
92 |
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93 | Section 1. It is the intent of the Legislature that the |
94 | implementing and administering provisions of this act apply to |
95 | the General Appropriations Act for fiscal year 2006-2007. |
96 | Section 2. In order to implement Specific Appropriations |
97 | 7, 8, and 91-97 of the 2006-2007 General Appropriations Act, the |
98 | calculations of the Florida Education Finance Program for the |
99 | 2006-2007 fiscal year in the document entitled "Public School |
100 | Funding The Florida Education Finance Program" dated March 31, |
101 | 2006, and filed with the Clerk of the House of Representatives |
102 | are incorporated by reference for the purpose of displaying the |
103 | calculations used by the Legislature, consistent with the |
104 | requirements of the Florida Statutes, in making appropriations |
105 | for the Florida Education Finance Program. |
106 | Section 3. In order to implement section 11 of the 2006- |
107 | 2007 General Appropriations Act, section 1004.065, Florida |
108 | Statutes, is amended to read: |
109 | 1004.065 Limitation on university and direct-support |
110 | organization financings.--No project may be financed by or on |
111 | behalf of a university or a direct-support organization pursuant |
112 | to s. 1001.74(5), s. 1004.28(6), s. 1010.60(2), s. 1013.15, s. |
113 | 1013.16, s. 1013.17, s. 1013.171, s. 1013.74, or s. 1013.78, or |
114 | through any financing mechanism, including, but not limited to, |
115 | revenue bonds, promissory notes, certificates of participation, |
116 | lease-purchase agreements, or any other form of indebtedness, |
117 | without prior approval of the project by the Legislature by an |
118 | act relating to appropriations or general law. This section |
119 | expires July 1, 2007 2006. |
120 | Section 4. In order to implement Specific Appropriation |
121 | 375-380 of the 2006-2007 General Appropriations Act, paragraph |
122 | (c) is added to subsection (14) of section 287.057, Florida |
123 | Statutes, to read: |
124 | 287.057 Procurement of commodities or contractual |
125 | services.-- |
126 | (14) |
127 | (c) Notwithstanding paragraph (a), the Department of |
128 | Children and Family Services may enter into agreements, not to |
129 | exceed 23 years, with a private contractor to finance, design, |
130 | and construct a secure facility, as described in s. 394.917, of |
131 | at least 600 beds and to operate all aspects of daily operations |
132 | within the secure facility. The contractor may sponsor the |
133 | issuance of tax-exempt certificates of participation or other |
134 | securities to finance the project, and the state may enter into |
135 | a lease-purchase agreement for the secure facility. The |
136 | department shall begin the implementation of this privatization |
137 | initiative by July 1, 2006. This section expires July 1, 2007. |
138 | Section 5. In order to fulfill legislative intent |
139 | regarding the use of funds contained in Specific Appropriations |
140 | 720, 731, 741, and 1167 of the 2006-2007 General Appropriations |
141 | Act, the Department of Corrections and the Department of |
142 | Juvenile Justice may expend appropriated funds to assist in |
143 | defraying the costs of impacts that are incurred by a |
144 | municipality or county and associated with opening or operating |
145 | a facility under the authority of the respective department |
146 | which is located within that municipality or county. The amount |
147 | that is to be paid under this section for any facility may not |
148 | exceed 1 percent of the facility construction cost, less |
149 | building impact fees imposed by the municipality or by the |
150 | county if the facility is located in the unincorporated portion |
151 | of the county. This section expires July 1, 2007. |
152 | Section 6. In order to implement Specific Appropriations |
153 | 710-805 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 |
157 | increasing the number of authorized positions, and for the 2006- |
158 | 2007 2005-2006 fiscal year only, if the actual inmate population |
159 | of the Department of Corrections exceeds the inmate population |
160 | projections of the March 21, 2006 February 14, 2005, Criminal |
161 | Justice Estimating Conference by 1 percent for 2 consecutive |
162 | months or 2 percent for any month, the Executive Office of the |
163 | Governor, with the approval of the Legislative Budget |
164 | Commission, shall immediately notify the Criminal Justice |
165 | Estimating Conference, which shall convene as soon as possible |
166 | to revise the estimates. The Department of Corrections may then |
167 | submit a budget amendment requesting the establishment of |
168 | positions in excess of the number authorized by the Legislature |
169 | and additional appropriations from unallocated general revenue |
170 | the General Revenue Fund or the Working Capital Fund sufficient |
171 | to provide for essential staff, fixed capital improvements, and |
172 | other resources to provide classification, security, food |
173 | services, health services, and other variable expenses within |
174 | the institutions to accommodate the estimated increase in the |
175 | inmate population. All actions taken pursuant to the authority |
176 | granted in this subsection shall be subject to review and |
177 | approval by the Legislative Budget Commission. This subsection |
178 | expires July 1, 2007 2006. |
179 | Section 7. In order to implement Specific Appropriations |
180 | 880B, 3248, and 3248A of the 2006-2007 General Appropriations |
181 | Act, and pursuant to the notice, review, and objection |
182 | procedures of s. 216.177, Florida Statutes, funds in Specific |
183 | Appropriations 880B, 3248, and 3248A of the 2006-2007 General |
184 | Appropriations Act may be transferred between the courts and the |
185 | Justice Administrative Commission in order to address |
186 | unanticipated shortfalls in due process services appropriations |
187 | in excess of the contingency fund provided in Specific |
188 | Appropriations 880B, 3248, and 3248A of the 2006-2007 General |
189 | Appropriations Act. This section expires July 1, 2007. |
190 | Section 8. In order to implement Specific Appropriations |
191 | 880B, 3248, and 3248A of the 2006-2007 General Appropriations |
192 | Act, if a deficit is projected by the Justice Administrative |
193 | Commission or the state courts in any specific appropriation |
194 | provided for due process services, the Governor or the Chief |
195 | Justice of the Supreme Court, respectively, may submit a budget |
196 | amendment for consideration by the Legislative Budget Commission |
197 | to authorize the expenditure of funds from unallocated general |
198 | revenue to offset such deficiency. Any budget amendment |
199 | submitted by the Governor to the Legislative Budget Commission |
200 | shall contain certification by the Justice Administrative |
201 | Commission that all actions required by s. 29.015, Florida |
202 | Statutes, have been completed and that no funds exist in any |
203 | contingency fund appropriation available to the entity projected |
204 | to experience the deficiency. Any budget amendment submitted by |
205 | the Supreme Court shall contain certification that the court has |
206 | completed all actions required by s. 29.016, Florida Statutes, |
207 | and that no funds exist in any contingency fund available to the |
208 | state courts system. This section expires July 1, 2007. |
209 | Section 9. In order to implement the appropriation of |
210 | funds in Special Categories-Risk Management Insurance of the |
211 | 2006-2007 General Appropriations Act, and pursuant to the |
212 | notice, review, and objection procedures of s. 216.177, Florida |
213 | Statutes, the Executive Office of the Governor is authorized to |
214 | transfer funds appropriated in the appropriation category |
215 | "Special Categories-Risk Management Insurance" of the 2006-2007 |
216 | General Appropriations Act between departments in order to align |
217 | the budget authority granted with the premiums paid by each |
218 | department for risk management insurance. This section expires |
219 | July 1, 2007. |
220 | Section 10. In order to implement the appropriation of |
221 | funds in Special Categories-Transfer to Department of Management |
222 | Services-Human Resources Services Purchased Per Statewide |
223 | Contract of the 2006-2007 General Appropriations Act, and |
224 | pursuant to the notice, review, and objection procedures of s. |
225 | 216.177, Florida Statutes, the Executive Office of the Governor |
226 | is authorized to transfer funds appropriated in the |
227 | appropriation category "Special Categories-Transfer to |
228 | Department of Management Services-Human Resources Services |
229 | Purchased Per Statewide Contract" of the 2006-2007 General |
230 | Appropriations Act between departments in order to align the |
231 | budget authority granted with the assessments that must be paid |
232 | by each agency to the Department of Management Services for |
233 | human resource management services. This section expires July 1, |
234 | 2007. |
235 | Section 11. In order to implement sections 2-7 of the |
236 | 2006-2007 General Appropriations Act, paragraph (c) of |
237 | subsection (5) and paragraph (d) of subsection (6) of section |
238 | 112.061, Florida Statutes, are amended to read: |
239 | 112.061 Per diem and travel expenses of public officers, |
240 | employees, and authorized persons.-- |
241 | (5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For |
242 | purposes of reimbursement and methods of calculating fractional |
243 | days of travel, the following principles are prescribed: |
244 | (c) For the 2006-2007 2005-2006 fiscal year only and |
245 | notwithstanding the other provisions of this subsection, for |
246 | Class C travel, a state traveler shall not be reimbursed on a |
247 | per diem basis nor shall a traveler receive subsistence |
248 | allowance. This paragraph expires July 1, 2007 2006. |
249 | (6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For |
250 | purposes of reimbursement rates and methods of calculation, per |
251 | diem and subsistence allowances are divided into the following |
252 | groups and rates: |
253 | (d) For the 2006-2007 2005-2006 fiscal year only and |
254 | notwithstanding the other provisions of this subsection, for |
255 | Class C travel, a state traveler shall not be reimbursed on a |
256 | per diem basis nor shall a traveler receive subsistence |
257 | allowance. This paragraph expires July 1, 2007 2006. |
258 | Section 12. Notwithstanding s. 403.7095, Florida Statutes, |
259 | in order to implement Specific Appropriation 1868 of the 2006- |
260 | 2007 General Appropriations Act, the Department of Environmental |
261 | Protection shall award: |
262 | (1) $6,500,000 in grants equally to counties with |
263 | populations of fewer than 100,000 for waste tire, litter |
264 | prevention, recycling and education, and general solid waste |
265 | programs. |
266 | (2) $1,599,500 to be used for Innovative Grants. |
267 | (3) $1,500,000 to be used for the Florida Green |
268 | Procurement Initiative to assist state agencies in meeting s. |
269 | 403.7065. |
270 | (4) $5,000,000 to be used for the Treasure Coast Regional |
271 | Biosolids Management Facility. |
272 |
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273 | This section expires July 1, 2007. |
274 | Section 13. In order to implement Specific Appropriation |
275 | 1847 of the 2006-2007 General Appropriations Act, and for the |
276 | 2006-2007 fiscal year only, the Department of Environmental |
277 | Protection shall conduct a pilot program of the efficacy of |
278 | expedited site evaluation and cleanup of existing public port |
279 | and airport facility sites that have high redevelopment |
280 | potential and that serve an immediate and demonstrated public |
281 | purpose. The department shall conduct the pilot program at sites |
282 | that will serve as prototypes to evaluate the need for funding |
283 | in subsequent years. |
284 | (1) The pilot program sites selected must include: |
285 | (a) A port facility at which petroleum contamination is a |
286 | potential threat to marine and estuarine waters and is hindering |
287 | the tourism, trade, and economic development potential for the |
288 | facility and the surrounding area; and |
289 | (b) An airport adjacent to marine or estuarine waters |
290 | where redevelopment and expansion are likely to be hindered by |
291 | petroleum contamination issues. |
292 | (2) The pilot program should focus on: |
293 | (a) Rapid assessment of the scope of the contamination |
294 | issues; |
295 | (b) The effective use of existing site information; |
296 | (c) For larger, multiyear projects, the development of |
297 | project phases, schedules, and budget estimates, including |
298 | appropriate cost sharing components with affected entities; |
299 | (d) Commitment of one-time funds for petroleum |
300 | contamination assessment, free product removal, soil removal, |
301 | and restoration that will render site conditions suitable for |
302 | immediate redevelopment; and |
303 | (e) Preparation of an independent oversight report that |
304 | evaluates the cost-effectiveness of this funding approach with |
305 | emphasis on the timing of tax benefits that may accrue. |
306 | (3) The department is directed to implement this pilot |
307 | program as soon as possible and report its progress to the |
308 | Legislature by March 1, 2007. |
309 | (4) This section expires July 1, 2007. |
310 | Section 14. In order to implement Specific Appropriation |
311 | 1825 of the 2006-2007 General Appropriations Act, and for the |
312 | 2006-2007 fiscal year only, there is hereby created the |
313 | Caloosahatchee-St. Lucie Rivers Corridor Advisory Council. |
314 | (1) For purposes of this act, the hydrologic basins of the |
315 | Caloosahatchee River and its estuary and the St. Lucie River and |
316 | its estuary, including Lake Okeechobee, shall be known as the |
317 | "Caloosahatchee-St. Lucie Rivers Corridor." |
318 | (2) The Caloosahatchee-St. Lucie Rivers Corridor Advisory |
319 | Council is under the Department of Environmental Protection and |
320 | shall 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 |
324 | Caloosahatchee-St. Lucie Rivers Corridor and expertise in |
325 | engineering. |
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 |
329 | Okeechobee 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 |
333 | Caloosahatchee-St. Lucie Rivers Corridor and expertise in |
334 | hydrology. |
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 |
338 | Lee County or Charlotte County. |
339 | 6. One member from the Senate. |
340 | (c) The Speaker of the House of Representatives shall |
341 | appoint: |
342 | 1. One member representing local government in Martin |
343 | County. |
344 | 2. One member with hydrologic experience within the |
345 | Caloosahatchee-St. Lucie Rivers Corridor and expertise in |
346 | biology. |
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 |
350 | Hendry County or Glades County. |
351 | 6. One member from the House of Representatives. |
352 | (d) The Governor shall appoint the chair of the advisory |
353 | council from among its members. |
354 | (e) Appointments to the advisory council shall be made no |
355 | later than 30 days after the effective date of this act. |
356 | (f) Each member of the advisory council may receive per |
357 | diem and travel expenses as provided in s. 112.061, Florida |
358 | Statutes, while carrying out the business of the advisory |
359 | council. |
360 | (g) The first meeting of the advisory council shall be |
361 | held no later than 60 days after the effective date of this act. |
362 | (h) The records and meetings of the advisory council are |
363 | subject to the provisions of chapter 119 and s. 286.011, Florida |
364 | Statutes. |
365 | (i) The advisory council shall be staffed by an executive |
366 | director and other personnel selected and hired by the |
367 | Department of Environmental Protection who shall be exempt from |
368 | part II of chapter 110, Florida Statutes, relating to the Career |
369 | Service System. The Department of Environmental Protection may |
370 | employ staff and consultants as necessary to assist the advisory |
371 | council in fulfilling its responsibilities. The South Florida |
372 | Water Management District and the Department of Environmental |
373 | Protection shall each appoint a liaison for the respective |
374 | agency to work directly with the executive director of the |
375 | advisory council and to provide expertise and assistance to the |
376 | advisory council. |
377 | (3) The duties of the Caloosahatchee-St. Lucie Rivers |
378 | Corridor 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 |
381 | Caloosahatchee-St. Lucie Rivers Corridor for the purpose of |
382 | receiving public comments and information. |
383 | (c) Review the operation and management of Lake Okeechobee |
384 | and the associated discharges from the lake for the purpose of |
385 | formulating specific recommendations relating to, but not |
386 | limited to: |
387 | 1. Scientifically viable, economically feasible projects, |
388 | programs, and regulations that address or mitigate the impacts |
389 | of high-level discharges from Lake Okeechobee upon the receiving |
390 | waters of the Caloosahatchee River and the St. Lucie Canal and |
391 | St. Lucie River and their respective estuaries. |
392 | 2. Ongoing projects and plans authorized pursuant to the |
393 | Lake Okeechobee Protection Program and the Comprehensive |
394 | Everglades Restoration Plan under s. 373.4592, Florida Statutes. |
395 | 3. Environmentally and economically feasible projects to |
396 | remove accumulated sedimentation from Lake Okeechobee. |
397 | 4. Alternative treatment strategies, projects, best |
398 | management practices, and funding sources to manage more |
399 | effectively the hydrology of the corridor to minimize adverse |
400 | ecological effects upon the receiving waters from Lake |
401 | Okeechobee discharge. |
402 | 5. Long-term funding for implementation of the projects |
403 | and programs identified in the report. |
404 | (4) The advisory council shall prepare and submit a report |
405 | and recommendations to the President of the Senate and the |
406 | Speaker of the House of Representatives prior to the 2007 |
407 | Regular Session of the Legislature for implementation of |
408 | projects and strategies to mitigate the present effects of high |
409 | discharges from Lake Okeechobee upon the described basins. |
410 | (5) The advisory council shall submit to the Governor, the |
411 | President of the Senate, and the Speaker of the House of |
412 | Representatives by March 1, 2007, a report with specific |
413 | recommendations for implementation by the Legislature and the |
414 | Governor that will mitigate ecological effects upon the |
415 | Caloosahatchee-St. Lucie Rivers Corridor and stabilize the |
416 | effect of high discharges from Lake Okeechobee upon the tourist |
417 | economy of Southwest and Southeast Florida. |
418 | (6) The advisory council shall expire on April 1, 2007, |
419 | and this section shall expire July 1, 2007. |
420 | Section 15. In order to implement Specific Appropriation |
421 | 1857A of the 2006-2007 General Appropriations Act, there is |
422 | hereby created the Fuel Distributors Emergency Power Assistance |
423 | Grant Program within the Department of Community Affairs to |
424 | provide assistance to fuel distributors in retrofitting their |
425 | facilities to accommodate portable generators in preparation for |
426 | major power outages. This section expires July 1, 2007. |
427 | Section 16. In order to implement Specific Appropriation |
428 | 1827 of the 2006-2007 General Appropriations Act, subsection (5) |
429 | is added to section 373.1961, Florida Statutes, to read: |
430 | 373.1961 Water production; general powers and duties; |
431 | identification of needs; funding criteria; economic incentives; |
432 | reuse funding.-- |
433 | (5) FUNDING FOR ALTERNATIVE WATER SUPPLY PROJECTS FOR THE |
434 | 2006-2007 FISCAL YEAR.--For the 2006-2007 fiscal year only, and |
435 | notwithstanding any other provision of this section, the water |
436 | management districts shall fund the alternative water supply |
437 | projects listed in the 2006-2007 General Appropriations Act. |
438 | This subsection expires July 1, 2007. |
439 | Section 17. In order to implement Specific Appropriation |
440 | 1820 of the 2006-2007 General Appropriations Act, subsection (6) |
441 | is added to section 373.459, Florida Statutes, to read: |
442 | 373.459 Funds for surface water improvement and |
443 | management.-- |
444 | (6) For the 2006-2007 fiscal year only, and |
445 | notwithstanding any other provision of ss. 373.451-373.459, the |
446 | water management districts shall fund the surface water |
447 | improvement projects listed in the 2006-2007 General |
448 | Appropriations Act. This subsection expires July 1, 2007. |
449 | Section 18. In order to implement Specific Appropriation |
450 | 1820 of the 2006-2007 General Appropriations Act, paragraph (c) |
451 | of subsection (1) of section 403.890, Florida Statutes, is |
452 | amended to read: |
453 | 403.890 Water Protection and Sustainability Program; |
454 | intent; goals; purposes.-- |
455 | (1) Effective July 1, 2006, revenues transferred from the |
456 | Department of Revenue pursuant to s. 201.15(1)(d)2. shall be |
457 | deposited into the Water Protection and Sustainability Program |
458 | Trust Fund in the Department of Environmental Protection. These |
459 | revenues and any other additional revenues deposited into or |
460 | appropriated to the Water Protection and Sustainability Trust |
461 | Fund shall be distributed by the Department of Environmental |
462 | Protection in the following manner: |
463 | (c)1. Ten percent shall be disbursed for the purposes of |
464 | funding projects pursuant to ss. 373.451-373.459 or surface |
465 | water restoration activities in water-management-district- |
466 | designated priority water bodies. The Secretary of Environmental |
467 | Protection shall ensure that each water management district |
468 | receives the following percentage of funds annually: |
469 | a.1. Thirty-five percent to the South Florida Water |
470 | Management District; |
471 | b.2. Twenty-five percent to the Southwest Florida Water |
472 | Management District; |
473 | c.3. Twenty-five percent to the St. Johns River Water |
474 | Management District; |
475 | d.4. Seven and one-half percent to the Suwannee River |
476 | Water Management District; and |
477 | e.5. Seven and one-half percent to the Northwest Florida |
478 | Water Management District. |
479 | 2. For the 2006-2007 fiscal year only, and notwithstanding |
480 | subparagraph 1., the water management districts shall fund the |
481 | surface water improvement projects listed in the 2006-2007 |
482 | General Appropriations Act. This subparagraph expires July 1, |
483 | 2007. |
484 | Section 19. In order to implement Specific Appropriation |
485 | 1826 of the 2006-2007 General Appropriations Act, subsection (4) |
486 | is added to section 403.1838, Florida Statutes, to read: |
487 | 403.1838 Small Community Sewer Construction Assistance |
488 | Act.-- |
489 | (4) For the 2006-2007 fiscal year only, and |
490 | notwithstanding any other provision of this section, the |
491 | department shall fund the wastewater projects listed in the |
492 | 2006-2007 General Appropriations Act. This subsection expires |
493 | July 1, 2007. |
494 | Section 20. In order to implement Specific Appropriation |
495 | 1790 of the 2006-2007 General Appropriations Act, subsection (3) |
496 | of 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, |
499 | unless reviewed and reenacted by the Legislature before that |
500 | date. |
501 | Section 21. In order to implement Specific Appropriations |
502 | 1362-1546A of the 2006-2007 General Appropriations Act, section |
503 | 502.015, Florida Statutes, is amended to read: |
504 | 502.015 General Inspection Trust Fund.-- |
505 | (1) Any moneys collected by the department pursuant to |
506 | this chapter shall be deposited in the General Inspection Trust |
507 | Fund and used solely for the programs in this chapter. |
508 | (2) For the 2006-2007 fiscal year only and notwithstanding |
509 | any other provision of law to the contrary, in addition to the |
510 | spending authorized in subsection (1), moneys in the General |
511 | Inspection Trust Fund may be appropriated for programs operated |
512 | by the department which are related to the programs authorized |
513 | by this chapter. This subsection expires July 1, 2007. |
514 | Section 22. In order to implement Specific Appropriations |
515 | 2788 and 2789 of the 2006-2007 General Appropriations Act, |
516 | section 11.151, Florida Statutes, is amended to read: |
517 | 11.151 Annual legislative appropriation to contingency |
518 | fund for use of Senate President and House Speaker.-- |
519 | (1) There is established a legislative contingency fund |
520 | consisting of $10,000 for the President of the Senate and |
521 | $10,000 for the Speaker of the House of Representatives, which |
522 | amounts shall be set aside annually from moneys appropriated for |
523 | legislative expense. These funds shall be disbursed by the Chief |
524 | Financial Officer upon receipt of vouchers authorized by the |
525 | President of the Senate or the Speaker of the House of |
526 | Representatives. Such funds may be expended at the unrestricted |
527 | discretion of the President of the Senate or the Speaker of the |
528 | House of Representatives in carrying out their official duties |
529 | during the entire period between the date of their election as |
530 | such officers at the organizational meeting held pursuant to s. |
531 | 3(a), Art. III of the State Constitution and the next general |
532 | election. |
533 | (2) For the 2006-2007 2005-2006 fiscal year only, the |
534 | contingency 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 |
537 | 2688 of the 2006-2007 General Appropriations Act, paragraph (b) |
538 | of subsection (9) of section 320.08058, Florida Statutes, is |
539 | amended 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 |
543 | distributed as follows: |
544 | 1. Fifty-five percent of the proceeds from the Florida |
545 | Professional Sports Team plate must be deposited into the |
546 | Professional Sports Development Trust Fund within the Office of |
547 | Tourism, Trade, and Economic Development. These funds must be |
548 | used solely to attract and support major sports events in this |
549 | state. As used in this subparagraph, the term "major sports |
550 | events" means, but is not limited to, championship or all-star |
551 | contests of Major League Baseball, the National Basketball |
552 | Association, the National Football League, the National Hockey |
553 | League, the men's and women's National Collegiate Athletic |
554 | Association Final Four basketball championship, or a horseracing |
555 | or dogracing Breeders' Cup. All funds must be used to support |
556 | and promote major sporting events, and the uses must be approved |
557 | by the Florida Sports Foundation. |
558 | 2. The remaining proceeds of the Florida Professional |
559 | Sports Team license plate must be allocated to the Florida |
560 | Sports Foundation, a direct-support organization of the Office |
561 | of Tourism, Trade, and Economic Development. These funds must be |
562 | deposited into the Professional Sports Development Trust Fund |
563 | within the Office of Tourism, Trade, and Economic Development. |
564 | These funds must be used by the Florida Sports Foundation to |
565 | promote the economic development of the sports industry; to |
566 | distribute licensing and royalty fees to participating |
567 | professional sports teams; to promote education programs in |
568 | Florida schools that provide an awareness of the benefits of |
569 | physical activity and nutrition standards; to partner with the |
570 | Department of Education and the Department of Health to develop |
571 | a program that recognizes schools whose students demonstrate |
572 | excellent physical fitness or fitness improvement; to institute |
573 | a grant program for communities bidding on minor sporting events |
574 | that create an economic impact for the state; to distribute |
575 | funds to Florida-based charities designated by the Florida |
576 | Sports Foundation and the participating professional sports |
577 | teams; and to fulfill the sports promotion responsibilities of |
578 | the Office of Tourism, Trade, and Economic Development. |
579 | 3. The Florida Sports Foundation shall provide an annual |
580 | financial audit in accordance with s. 215.981 of its financial |
581 | accounts and records by an independent certified public |
582 | accountant pursuant to the contract established by the Office of |
583 | Tourism, Trade, and Economic Development as specified in s. |
584 | 288.1229(5). The auditor shall submit the audit report to the |
585 | Office of Tourism, Trade, and Economic Development for review |
586 | and approval. If the audit report is approved, the office shall |
587 | certify the audit report to the Auditor General for review. |
588 | 4. For the 2006-2007 2005-2006 fiscal year only and |
589 | notwithstanding the provisions of subparagraphs 1. and 2., |
590 | proceeds from the Professional Sports Development Trust Fund may |
591 | also be used for operational expenses of the Florida Sports |
592 | Foundation and financial support of the Sunshine State Games. |
593 | This subparagraph expires July 1, 2007 2006. |
594 | Section 24. In order to implement section 32 of the 2006- |
595 | 2007 General Appropriations Act, subsection (13) of section |
596 | 253.034, Florida Statutes, is amended to read: |
597 | 253.034 State-owned lands; uses.-- |
598 | (13) Notwithstanding the provisions of this section, funds |
599 | from the sale of property by the Department of Highway Safety |
600 | and Motor Vehicles located in Palm Beach County are authorized |
601 | to be deposited into the Highway Safety Operating Trust Fund to |
602 | facilitate the exchange as provided in the General |
603 | Appropriations Act, provided that at the conclusion of both |
604 | exchanges the values are equalized. This subsection expires July |
605 | 1, 2007 2006. |
606 | Section 25. In order to implement proviso language in |
607 | Specific Appropriation 2304 of the 2006-2007 General |
608 | Appropriations Act, section 402.3017, Florida Statutes, is |
609 | amended to read: |
610 | 402.3017 Teacher Education and Compensation Helps (TEACH) |
611 | scholarship program.-- |
612 | (1) The Legislature finds that the level of early child |
613 | care teacher education and training is a key predictor for |
614 | determining program quality. The Legislature also finds that low |
615 | wages for child care workers prevent many from obtaining |
616 | increased training and education and contribute to high turnover |
617 | rates. The Legislature therefore intends to help fund a program |
618 | which links teacher training and education to compensation and |
619 | commitment to the field of early childhood education. |
620 | (2) The Department of Children and Family Services is |
621 | authorized to contract for the administration of the Teacher |
622 | Education and Compensation Helps (TEACH) scholarship program, |
623 | which provides educational scholarships to caregivers and |
624 | administrators of early childhood programs, family day care |
625 | homes, and large family child care homes. |
626 | (3) The department shall adopt rules as necessary to |
627 | implement this section. |
628 | (4) For the 2006-2007 2005-2006 fiscal year only, the |
629 | Agency for Workforce Innovation may shall administer this |
630 | section. This subsection expires July 1, 2007 2006. |
631 | Section 26. In order to implement Specific Appropriations |
632 | 1594, 1596, 1598, and 1600 of the 2006-2007 General |
633 | Appropriations Act, subsection (5) of section 216.292, Florida |
634 | Statutes, is amended to read: |
635 | 216.292 Appropriations nontransferable; exceptions.-- |
636 | (5)(a) A transfer of funds may not result in the |
637 | initiation of a fixed capital outlay project that has not |
638 | received a specific legislative appropriation, except that |
639 | federal funds for fixed capital outlay projects for the |
640 | Department of Military Affairs, which do not carry a continuing |
641 | commitment on future appropriations by the Legislature, may be |
642 | approved by the Executive Office of the Governor for the purpose |
643 | received, subject to the notice, review, and objection |
644 | procedures set forth in s. 216.177. |
645 | (b) Notwithstanding paragraph (a), and for the 2006-2007 |
646 | fiscal year only, the Governor may recommend the initiation of |
647 | fixed capital outlay projects funded by grants awarded by the |
648 | Federal Emergency Management Agency for FEMA Disaster |
649 | Declarations 1539-DR-FL, 1545-DR-FL, 1551-DR-FL, and 1561-DR-FL. |
650 | All actions taken pursuant to the authority granted in this |
651 | paragraph are subject to review and approval by the Legislative |
652 | Budget Commission. This paragraph expires July 1, 2007. |
653 | Section 27. In order to implement specific appropriations |
654 | for salaries and benefits in the 2006-2007 General |
655 | Appropriations Act, notwithstanding the provisions of s. |
656 | 110.1245(4), Florida Statutes, and for the 2006-2007 fiscal year |
657 | only, agencies may additionally use funds for cash awards to |
658 | state employees who demonstrate satisfactory service in the |
659 | agency or to the state, in appreciation and recognition of such |
660 | service. Awards may not exceed $100 each and will be allocated |
661 | from an agency's existing budget. By March 1, 2007, agencies |
662 | that elect to make cash awards will report to the Governor and |
663 | Cabinet, the President of the Senate, and the Speaker of the |
664 | House of Representatives the dollar value and number of such |
665 | awards given. If available, any additional information |
666 | concerning employee satisfaction and feedback should be |
667 | provided. This section expires July 1, 2007. |
668 | Section 28. In order to implement the issuance of new debt |
669 | authorized in the 2006-2007 General Appropriations Act, and |
670 | pursuant to the requirements of s. 215.98, Florida Statutes, the |
671 | Legislature determines that the authorization and issuance of |
672 | debt for the 2006-2007 fiscal year is in the best interest of |
673 | the state and should be implemented. |
674 | Section 29. A section of this act that implements a |
675 | specific appropriation or specifically identified proviso |
676 | language in the 2006-2007 General Appropriations Act is void if |
677 | the specific appropriation or specifically identified proviso |
678 | language is vetoed. A section of this act that implements more |
679 | than one specific appropriation or more than one portion of |
680 | specifically identified proviso language in the 2006-2007 |
681 | General Appropriations Act is void if all the specific |
682 | appropriations or portions of specifically identified proviso |
683 | language are vetoed. |
684 | Section 30. If any other act passed in 2006 contains a |
685 | provision that is substantively the same as a provision in this |
686 | act, but that removes or is otherwise not subject to the future |
687 | repeal applied to such provision by this act, the Legislature |
688 | intends that the provision in the other act shall take |
689 | precedence and shall continue to operate, notwithstanding the |
690 | future repeal provided by this act. |
691 | Section 31. The agency performance measures and standards |
692 | in the document entitled "Performance Measures and Standards |
693 | Approved by the Legislature for Fiscal Year 2006-2007" dated |
694 | March 31, 2006, and filed with the Clerk of the House of |
695 | Representatives are incorporated by reference. Such performance |
696 | measures and standards are directly linked to the appropriations |
697 | made in the General Appropriations Act for fiscal year 2006- |
698 | 2007, as required by the Government Performance and |
699 | Accountability Act of 1994. State agencies are directed to |
700 | revise their long-range program plans required under s. 216.013, |
701 | Florida Statutes, to be consistent with these performance |
702 | measures and standards. |
703 | Section 32. If any provision of this act or its |
704 | application to any person or circumstance is held invalid, the |
705 | invalidity may not affect other provisions or applications of |
706 | the act which can be given effect without the invalid provision |
707 | or application, and to this end the provisions of this act are |
708 | declared severable. |
709 | Section 33. Except as otherwise expressly provided in this |
710 | act, this act shall take effect July 1, 2006; or, if this act |
711 | fails to become a law until after that date, it shall take |
712 | effect upon becoming a law and shall operate retroactively to |
713 | July 1, 2006. |