| 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 April 6, |
| 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 |
|
| 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. |