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; creating the Special Teachers |
6 | Are Rewarded performance pay plan; suspending conflicting |
7 | rules adopted by the State Board of Education; amending s. |
8 | 287.057, F.S.; authorizing the Department of Children and |
9 | Family Services to contract with a private provider for a |
10 | sexually violent predator facility; amending s. 381.0402, |
11 | F.S.; prohibiting the Department of Health from using the |
12 | annual appropriation to administer and evaluate the area |
13 | health education center network; authorizing the |
14 | Department of Corrections and the Department of Juvenile |
15 | Justice to make certain expenditures to defray costs |
16 | incurred by a municipality or county as a result of |
17 | opening or operating a facility under authority of the |
18 | respective department; amending s. 216.262, F.S.; |
19 | providing for additional positions to operate additional |
20 | prison bed capacity under certain circumstances; providing |
21 | for expenditure of funds from unallocated general revenue |
22 | to offset deficiencies in due process services; |
23 | authorizing the Department of Legal Affairs to expend |
24 | appropriated funds on programs funded in the preceding |
25 | fiscal year; increasing the maximum annual budget for the |
26 | Clerk of the Circuit Court, Hillsborough County; amending |
27 | s. 932.7055, F.S.; providing for the expenditure of funds |
28 | in a special law enforcement trust fund established by the |
29 | governing body of a municipality; authorizing the |
30 | Executive Office of the Governor to transfer funds between |
31 | departments for purposes of aligning amounts paid for risk |
32 | management premiums and for purposes of aligning amounts |
33 | paid for human resource management services; amending s. |
34 | 112.061, F.S.; providing for computation of travel time |
35 | and reimbursement for public officers' and employees' |
36 | travel; reenacting s. 287.17(3)(a) and (6), F.S.; |
37 | authorizing the use of state aircraft for commuting; |
38 | amending s. 627.311, F.S.; providing for the appointment |
39 | of a board of governors to supervise the operation of a |
40 | joint underwriting plan; providing requirements relating |
41 | to the plan, the board, and the Florida Joint Underwriting |
42 | Association; amending s. 282.318, F.S.; providing |
43 | requirements for the Department of Management Services |
44 | relating to the security of data and information |
45 | technology resources; requiring the department to |
46 | establish the Office of Information Security; providing |
47 | responsibilities for the office; amending s. 255.249, |
48 | F.S.; requiring that the Department of Management Services |
49 | annually report to the Executive Office of the Governor |
50 | and the Legislature certain information concerning leases |
51 | that are due to expire and any amendments and supplements |
52 | to and waivers of the terms and conditions of lease |
53 | agreements; requiring that specified clauses be included |
54 | in the terms and conditions of a lease which may not be |
55 | amended, supplemented, or waived; amending s. 255.25, |
56 | F.S.; requiring that the department approve the terms of |
57 | any lease by a state agency; requiring an analysis if the |
58 | department approves an amendment or supplement to or |
59 | waiver of a term or condition of a lease agreement; |
60 | providing for approved leases to include an option to |
61 | purchase or renew the lease; providing legislative intent |
62 | with respect to the use of state-owned buildings; |
63 | requiring that the department create a plan for fully |
64 | using such buildings before leasing private buildings; |
65 | requiring an annual report to the Legislature and the |
66 | Governor; amending s. 255.503, F.S.; requiring that the |
67 | department provide an analysis to the Legislature, the |
68 | Governor, and the Division of Bond Finance of the State |
69 | Board of Administration relating to the disposition of a |
70 | facility within the Florida Facilities Pool; providing |
71 | requirements for the analysis; amending s. 370.13, F.S.; |
72 | providing for the waiver of certain stone crab trap tag |
73 | fees; amending s. 370.142, F.S.; providing for the waiver |
74 | of certain spiny lobster trap tag fees; directing the |
75 | Department of Environmental Protection to make specified |
76 | awards of grant moneys for pollution control purposes; |
77 | directing the Department of Environmental Protection to |
78 | conduct a pilot program for expedited site evaluation and |
79 | cleanup of port and airport facilities for redevelopment |
80 | and expansion; providing guidelines for such program; |
81 | creating the Caloosahatchee-St. Lucie Rivers Corridor |
82 | Advisory Council; providing a definition; providing for |
83 | appointment of members, per diem and travel expenses, |
84 | staff, and duties of the advisory council; exempting staff |
85 | from pt. II of ch. 110, F.S., relating to the Career |
86 | Service System; requiring recommendations to the |
87 | Legislature; requiring a report to the Legislature and |
88 | Governor by a specific date; providing for expiration of |
89 | the advisory council; creating the Retail Fuel Outlet |
90 | Emergency Power Assistance Grant Program within the |
91 | Department of Community Affairs; providing matching grants |
92 | for owners of retail fuel outlets under specified |
93 | circumstances; amending s. 502.015, F.S.; authorizing |
94 | moneys in the General Inspection Trust Fund to be |
95 | appropriated for certain programs operated by the |
96 | Department of Agriculture and Consumer Services; amending |
97 | s. 11.151, F.S.; increasing the contingency fund for the |
98 | legislative presiding officers; amending s. 375.041, F.S.; |
99 | authorizing expenditure or transfer of moneys from the |
100 | Land Acquisition Trust Fund to the Florida Forever Trust |
101 | Fund and the Save Our Everglades Trust Fund to support |
102 | specified programs; amending s. 259.032, F.S.; authorizing |
103 | transfer of moneys from the Conservation and Recreation |
104 | Lands Trust Fund to the Florida Forever Trust Fund or the |
105 | Land Acquisition Trust Fund; amending s. 373.59, F.S.; |
106 | authorizing transfer of moneys from the Water Management |
107 | Lands Trust Fund to the Florida Forever Trust Fund or the |
108 | Land Acquisition Trust Fund; amending s. 373.459, F.S.; |
109 | providing for the use of funds by the Department of |
110 | Environmental Protection for surface water improvement and |
111 | management; amending s. 403.885, F.S.; adding match |
112 | requirements for surfacewater management projects to match |
113 | existing match requirements for stormwater management |
114 | projects; amending s. 320.08058, F.S.; authorizing |
115 | proceeds from the Professional Sports Development Trust |
116 | Fund to be used for operational expenses of the Florida |
117 | Sports Foundation and financial support of the Sunshine |
118 | State Games; amending s. 253.034, F.S.; authorizing |
119 | deposit of funds from the sale of property by the |
120 | Department of Highway Safety and Motor Vehicles located in |
121 | Palm Beach County; amending s. 402.3017, F.S.; authorizing |
122 | the Agency for Workforce Innovation to administer the |
123 | Teacher Education and Compensation Helps (TEACH) |
124 | scholarship program; amending s. 216.292, F.S.; |
125 | authorizing the Governor to recommend fixed capital outlay |
126 | projects funded by Federal Emergency Management Agency |
127 | grants; providing for review by the Legislative Budget |
128 | Commission; amending s. 311.22, F.S.; prescribing the |
129 | matching fund basis for dredging projects that meet |
130 | specified conditions; amending s. 411.01, F.S.; requiring |
131 | the Agency for Workforce Innovation to recommend a formula |
132 | to allocate funds; providing for changes in the allocation |
133 | of funds to be specified in the General Appropriations |
134 | Act; eliminating approval of the allocation formula by the |
135 | Legislative Budget Commission; eliminating an obsolete |
136 | provision; amending s. 259.032, F.S.; providing for the |
137 | appropriation of funds for the construction of replacement |
138 | museum facilities; amending s. 252.373, F.S.; authorizing |
139 | expenditure of certain funds in the Emergency Management, |
140 | Preparedness, and Assistance Trust Fund; amending s. |
141 | 420.0004, F.S.; providing a definition; amending s. |
142 | 420.507, F.S.; revising powers of the Florida Housing |
143 | Finance Corporation; amending s. 420.5087, F.S.; revising |
144 | requirements relating to the State Apartment Incentive |
145 | Loan Program; creating s. 420.5095, F.S.; creating the |
146 | Community Workforce Housing Innovation Pilot Program; |
147 | providing legislative findings; providing definitions; |
148 | providing the Florida Housing Finance Corporation with |
149 | certain powers and responsibilities relating to the |
150 | program; requiring the program to target certain entities; |
151 | providing application requirements; authorizing an |
152 | applicant to use a nonprofit or public entity to manage |
153 | its housing program; providing incentives for program |
154 | applicants; providing rulemaking authority; requiring a |
155 | report to the Governor and Legislature; creating s. |
156 | 420.55, F.S.; authorizing the Florida Housing Finance |
157 | Corporation to provide funds for affordable housing |
158 | recovery under specified circumstances; authorizing the |
159 | corporation to adopt emergency rules to administer |
160 | specified disaster response programs; authorizing state |
161 | agencies to make cash awards to state employees |
162 | demonstrating satisfactory service to the agency or the |
163 | state; providing limits on such awards; requiring a report |
164 | with respect thereto; providing textual corrections in the |
165 | General Appropriations Act; providing finding of best |
166 | interest of the state for authorization and issuance of |
167 | certain debt; providing effect of veto of specific |
168 | appropriation or proviso to which implementing language |
169 | refers; providing for future repeal or expiration of |
170 | various provisions; providing for reversion of certain |
171 | provisions; incorporating by reference specified |
172 | performance measures and standards directly linked to the |
173 | appropriations made in the 2006-2007 General |
174 | Appropriations Act, as required by the Government |
175 | Performance and Accountability Act of 1994; providing |
176 | severability; providing effective dates. |
177 |
|
178 | Be It Enacted by the Legislature of the State of Florida: |
179 |
|
180 | Section 1. It is the intent of the Legislature that the |
181 | implementing and administering provisions of this act apply to |
182 | the General Appropriations Act for fiscal year 2006-2007. |
183 | Section 2. In order to implement Specific Appropriations |
184 | 7, 8, and 91-97 of the 2006-2007 General Appropriations Act, the |
185 | calculations of the Florida Education Finance Program for the |
186 | 2006-2007 fiscal year in the document entitled "Public School |
187 | Funding--The Florida Education Finance Program" dated May 2, |
188 | 2006, and filed with the Clerk of the House of Representatives |
189 | are incorporated by reference for the purpose of displaying the |
190 | calculations used by the Legislature, consistent with the |
191 | requirements of the Florida Statutes, in making appropriations |
192 | for the Florida Education Finance Program. |
193 | Section 3. In order to implement section 91 of the 2006- |
194 | 2007 General Appropriations Act, the Special Teachers Are |
195 | Rewarded performance pay plan (STAR Plan) is hereby created for |
196 | the 2006-2007 fiscal year. Funds for the plan shall be expended |
197 | and distributed pursuant to proviso in the General |
198 | Appropriations Act. Rules adopted by the State Board of |
199 | Education pursuant to s. 1012.22, Florida Statutes, which are in |
200 | conflict with the STAR Plan guidelines are hereby suspended. |
201 | This section expires July 1, 2007. |
202 | Section 4. In order to implement Specific Appropriation |
203 | 375-380 of the 2006-2007 General Appropriations Act, paragraph |
204 | (c) is added to subsection (14) of section 287.057, Florida |
205 | Statutes, to read: |
206 | 287.057 Procurement of commodities or contractual |
207 | services.-- |
208 | (14) |
209 | (c) Notwithstanding paragraph (a), the Department of |
210 | Children and Family Services may enter into agreements, not to |
211 | exceed 23 years, with a private contractor to finance, design, |
212 | and construct a secure facility, as described in s. 394.917, of |
213 | at least 600 beds and to operate all aspects of daily operations |
214 | within the secure facility. The contractor may sponsor the |
215 | issuance of tax-exempt certificates of participation or other |
216 | securities to finance the project, and the state may enter into |
217 | a lease-purchase agreement for the secure facility. The |
218 | department shall begin the implementation of this privatization |
219 | initiative by July 1, 2006. This paragraph expires July 1, 2007. |
220 | Section 5. In order to implement Specific Appropriation |
221 | 652 of the 2006-2007 General Appropriations Act, subsection (5) |
222 | is added to section 381.0402, Florida Statutes, to read: |
223 | 381.0402 Area health education center network.--The |
224 | department, in cooperation with the state-approved medical |
225 | schools in this state, shall organize an area health education |
226 | center network based on earlier medically indigent demonstration |
227 | projects and shall evaluate the impact of each network on |
228 | improving access to services by persons who are medically |
229 | underserved. The network shall be a catalyst for the primary |
230 | care training of health professionals through increased |
231 | opportunities for training in medically underserved areas. |
232 | (5) Notwithstanding subsection (4), the department may not |
233 | use any portion of the annual appropriation to administer and |
234 | evaluate the network. This subsection expires July 1, 2007. |
235 | Section 6. In order to fulfill legislative intent |
236 | regarding the use of funds contained in Specific Appropriations |
237 | 720, 731, 741, and 1171 of the 2006-2007 General Appropriations |
238 | Act, the Department of Corrections and the Department of |
239 | Juvenile Justice may expend appropriated funds to assist in |
240 | defraying the costs of impacts that are incurred by a |
241 | municipality or county and associated with opening or operating |
242 | a facility under the authority of the respective department |
243 | which is located within that municipality or county. The amount |
244 | that is to be paid under this section for any facility may not |
245 | exceed 1 percent of the facility construction cost, less |
246 | building impact fees imposed by the municipality or by the |
247 | county if the facility is located in the unincorporated portion |
248 | of the county. This section expires July 1, 2007. |
249 | Section 7. In order to implement Specific Appropriations |
250 | 710-805 and 833-864 of the 2006-2007 General Appropriations Act, |
251 | subsection (4) of section 216.262, Florida Statutes, is amended |
252 | to read: |
253 | 216.262 Authorized positions.-- |
254 | (4) Notwithstanding the provisions of this chapter on |
255 | increasing the number of authorized positions, and for the 2006- |
256 | 2007 2005-2006 fiscal year only, if the actual inmate population |
257 | of the Department of Corrections exceeds the inmate population |
258 | projections of the March 21, 2006 February 14, 2005, Criminal |
259 | Justice Estimating Conference by 1 percent for 2 consecutive |
260 | months or 2 percent for any month, the Executive Office of the |
261 | Governor, with the approval of the Legislative Budget |
262 | Commission, shall immediately notify the Criminal Justice |
263 | Estimating Conference, which shall convene as soon as possible |
264 | to revise the estimates. The Department of Corrections may then |
265 | submit a budget amendment requesting the establishment of |
266 | positions in excess of the number authorized by the Legislature |
267 | and additional appropriations from unallocated general revenue |
268 | the General Revenue Fund or the Working Capital Fund sufficient |
269 | to provide for essential staff, fixed capital improvements, and |
270 | other resources to provide classification, security, food |
271 | services, health services, and other variable expenses within |
272 | the institutions to accommodate the estimated increase in the |
273 | inmate population. All actions taken pursuant to the authority |
274 | granted in this subsection shall be subject to review and |
275 | approval by the Legislative Budget Commission. This subsection |
276 | expires July 1, 2007 2006. |
277 | Section 8. In order to implement Specific Appropriations |
278 | 875, 876, 878, 879, 3248, and 3275 of the 2006-2007 General |
279 | Appropriations Act, if a deficit is projected by the Justice |
280 | Administrative Commission or the state courts in any specific |
281 | appropriation provided for due process services, the Governor or |
282 | the Chief Justice of the Supreme Court, respectively, may submit |
283 | a budget amendment for consideration by the Legislative Budget |
284 | Commission to authorize the expenditure of funds from |
285 | unallocated general revenue to offset such deficiency. Any |
286 | budget amendment submitted by the Governor to the Legislative |
287 | Budget Commission shall contain certification by the Justice |
288 | Administrative Commission that all actions required by s. |
289 | 29.015, Florida Statutes, have been completed and that no funds |
290 | exist in any contingency fund appropriation available to the |
291 | entity projected to experience the deficiency. Any budget |
292 | amendment submitted by the Supreme Court shall contain |
293 | certification that the court has completed all actions required |
294 | by s. 29.016, Florida Statutes, and that no funds exist in any |
295 | contingency fund available to the state courts system. This |
296 | section expires July 1, 2007. |
297 | Section 9. In order to implement Specific Appropriations |
298 | 1321 and 1325 of the 2006-2007 General Appropriations Act, the |
299 | Department of Legal Affairs is authorized to expend appropriated |
300 | funds in Specific Appropriations 1321 and 1325 on the same |
301 | programs that were funded by the department pursuant to specific |
302 | appropriations made in general appropriations acts in prior |
303 | years. |
304 | Section 10. In order to implement Specific Appropriation |
305 | 3116 of the 2006-2007 General Appropriations Act, and to correct |
306 | the inequality caused by the use of estimates of prior year |
307 | expenditures to establish maximum annual budgets for the 2004- |
308 | 2005 county fiscal year that resulted in the maximum annual |
309 | budget for one clerk of court that was substantially less than |
310 | the amount that would have been set if actual prior-year |
311 | expenditures had been used, the maximum annual budget for the |
312 | Clerk of the Circuit Court, Hillsborough County, is increased by |
313 | $908,378 for the 2005-2006 county fiscal year. This section |
314 | expires July 1, 2007. |
315 | Section 11. In order to implement Specific Appropriation |
316 | 1239 of the 2006-2007 General Appropriations Act, paragraph (d) |
317 | of subsection (4) of section 932.7055, Florida Statutes, is |
318 | amended to read: |
319 | 932.7055 Disposition of liens and forfeited property.-- |
320 | (4) The proceeds from the sale of forfeited property shall |
321 | be disbursed in the following priority: |
322 | (d) Notwithstanding any other provision of this |
323 | subsection, and for the 2006-2007 2005-2006 fiscal year only, |
324 | the funds in a special law enforcement trust fund established by |
325 | the governing body of a municipality may be expended to |
326 | reimburse the general fund of the municipality for moneys |
327 | advanced from the general fund to the special law enforcement |
328 | trust fund prior to October 1, 2001. This paragraph expires July |
329 | 1, 2007 2006. |
330 | Section 12. In order to implement the appropriation of |
331 | funds in Special Categories-Risk Management Insurance of the |
332 | 2006-2007 General Appropriations Act, and pursuant to the |
333 | notice, review, and objection procedures of s. 216.177, Florida |
334 | Statutes, the Executive Office of the Governor is authorized to |
335 | transfer funds appropriated in the appropriation category |
336 | "Special Categories-Risk Management Insurance" of the 2006-2007 |
337 | General Appropriations Act between departments in order to align |
338 | the budget authority granted with the premiums paid by each |
339 | department for risk management insurance. This section expires |
340 | July 1, 2007. |
341 | Section 13. In order to implement the appropriation of |
342 | funds in Special Categories-Transfer to Department of Management |
343 | Services-Human Resources Services Purchased Per Statewide |
344 | Contract of the 2006-2007 General Appropriations Act, and |
345 | pursuant to the notice, review, and objection procedures of s. |
346 | 216.177, Florida Statutes, the Executive Office of the Governor |
347 | is authorized to transfer funds appropriated in the |
348 | appropriation category "Special Categories-Transfer to |
349 | Department of Management Services-Human Resources Services |
350 | Purchased Per Statewide Contract" of the 2006-2007 General |
351 | Appropriations Act between departments in order to align the |
352 | budget authority granted with the assessments that must be paid |
353 | by each agency to the Department of Management Services for |
354 | human resource management services. This section expires July 1, |
355 | 2007. |
356 | Section 14. In order to implement sections 2-7 of the |
357 | 2006-2007 General Appropriations Act, paragraph (c) of |
358 | subsection (5) and paragraph (d) of subsection (6) of section |
359 | 112.061, Florida Statutes, are amended to read: |
360 | 112.061 Per diem and travel expenses of public officers, |
361 | employees, and authorized persons.-- |
362 | (5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For |
363 | purposes of reimbursement and methods of calculating fractional |
364 | days of travel, the following principles are prescribed: |
365 | (c) For the 2006-2007 2005-2006 fiscal year only and |
366 | notwithstanding the other provisions of this subsection, for |
367 | Class C travel, a state traveler shall not be reimbursed on a |
368 | per diem basis nor shall a traveler receive subsistence |
369 | allowance. This paragraph expires July 1, 2007 2006. |
370 | (6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For |
371 | purposes of reimbursement rates and methods of calculation, per |
372 | diem and subsistence allowances are divided into the following |
373 | groups and rates: |
374 | (d) For the 2006-2007 2005-2006 fiscal year only and |
375 | notwithstanding the other provisions of this subsection, for |
376 | Class C travel, a state traveler shall not be reimbursed on a |
377 | per diem basis nor shall a traveler receive subsistence |
378 | allowance. This paragraph expires July 1, 2007 2006. |
379 | Section 15. In order to implement Specific Appropriations |
380 | 2231 and 2861-2869 of the 2006-2007 General Appropriations Act, |
381 | paragraph (a) of subsection (3) and subsection (6) of section |
382 | 287.17, Florida Statutes, are reenacted to read: |
383 | 287.17 Limitation on use of motor vehicles and aircraft.-- |
384 | (3)(a) The term "official state business" may not be |
385 | construed to permit the use of a motor vehicle for commuting |
386 | purposes, unless special assignment of a motor vehicle is |
387 | authorized as a perquisite by the Department of Management |
388 | Services, required by an employee after normal duty hours to |
389 | perform duties of the position to which assigned, or authorized |
390 | for an employee whose home is the official base of operation. |
391 | (6) It is the intention of the Legislature that persons |
392 | traveling on state aircraft for purposes consistent with, but |
393 | not necessarily constituting, official state business may travel |
394 | only when accompanying persons who are traveling on official |
395 | state business and that such persons shall pay the state for all |
396 | costs associated with such travel. Notwithstanding paragraph |
397 | (3)(a), a person traveling on state aircraft for purposes other |
398 | than official state business shall pay for any trip not |
399 | exclusively for state business by paying a prorated share of all |
400 | fixed and variable expenses related to the ownership, operation, |
401 | and use of such aircraft. |
402 | Section 16. The amendment of s. 287.17, Florida Statutes, |
403 | by this act, as carried forward from chapter 2005-71, Laws of |
404 | Florida, shall expire July 1, 2007, and the text of that section |
405 | shall revert to that in existence on June 30, 2005, except that |
406 | any amendments to such text enacted other than by this act shall |
407 | be preserved and continue to operate to the extent that such |
408 | amendments are not dependent upon the portions of such text |
409 | which expire pursuant to this section. |
410 | Section 17. In order to implement proviso following |
411 | Specific Appropriation 2611A of the 2006-2007 General |
412 | Appropriations Act, subsection (8) is added to section 627.311, |
413 | Florida Statutes, to read: |
414 | 627.311 Joint underwriters and joint reinsurers; public |
415 | records and public meetings exemptions.-- |
416 | (8) For the 2006-2007 fiscal year only and notwithstanding |
417 | any conflicting requirements of this section or of section 2 of |
418 | chapter 2004-266, Laws of Florida: |
419 | (a) The operation of a joint underwriting plan approved |
420 | under this section is subject to the supervision of a nine- |
421 | member board of governors. Each member shall be appointed by the |
422 | Financial Services Commission and shall serve at the pleasure of |
423 | the commission. |
424 | (b) The operation of the joint underwriting plan shall be |
425 | governed by a plan of operation that is prepared at the |
426 | direction of the board of governors and approved by order of the |
427 | office. The plan is subject to continuous review by the office. |
428 | The office may, by order, withdraw approval of all or part of a |
429 | plan if the office determines that conditions have changed since |
430 | approval was granted and that the purposes of the plan require |
431 | changes in the plan. |
432 | (c) If the board determines that a deficit exists in Tier |
433 | One or Tier Two or that there is any deficit remaining |
434 | attributable to any of the plan's former subplans and that the |
435 | deficit cannot be fully funded by using policyholder surplus |
436 | attributable to former subplan "C" or, if the surplus in the |
437 | former subplan "C" does not fully fund the deficit and the |
438 | deficit cannot be fully funded by using any remaining funds in |
439 | the contingency reserve assessments, the board shall request the |
440 | office to levy, by order, a deficit assessment against premiums |
441 | charged to insureds for workers' compensation insurance by |
442 | insurers as defined in s. 631.904(5). The office shall issue the |
443 | order after verifying the amount of the deficit. The assessment |
444 | shall be specified as a percentage of future premium |
445 | collections, as recommended by the board and approved by the |
446 | office. The same percentage shall apply to premiums on all |
447 | workers' compensation policies issued or renewed during the 12- |
448 | month period beginning on the effective date of the assessment, |
449 | as specified in the order. |
450 | (d) For rates and rating plans effective on or after |
451 | January 1, 2007, the plan shall be subject to the same |
452 | requirements of this part for the filing and approval of its |
453 | rates and rating plans as apply to workers' compensation |
454 | insurers, except as otherwise provided. |
455 | (e) Whenever a deficit exists, the plan shall, within 90 |
456 | days, provide the office with a program to eliminate the deficit |
457 | within a reasonable time. The deficit may be funded through |
458 | increased premiums charged to insureds of the plan for |
459 | subsequent years, through the use of policyholder surplus |
460 | attributable to any year, including policyholder surplus in |
461 | former subplan "C" as authorized in subparagraph (5)(d)2., |
462 | through the use of assessments as provided in subparagraph |
463 | (5)(d)2., and through assessments on assessable policies as |
464 | provided in subparagraph (5)(d)3. Any entity that was a |
465 | policyholder of former subplan "C" shall not be subject to any |
466 | assessments that are attributable to deficits in former subplan |
467 | "C". |
468 | (f) Upon dissolution, the assets of the plan shall be |
469 | applied first to pay all debts, liabilities, and obligations of |
470 | the plan, including the establishment of reasonable reserves for |
471 | any contingent liabilities or obligations, and all remaining |
472 | assets of the plan shall become property of the state and shall |
473 | be deposited in the Workers' Compensation Administration Trust |
474 | Fund. However, dissolution shall not take effect as long as the |
475 | plan has financial obligations outstanding unless adequate |
476 | provision has been made for the payment of financial obligations |
477 | pursuant to the documents authorizing the financial obligations. |
478 | (g) After the contingency reserve is established, whenever |
479 | the board determines the subplan or the tier does not have a |
480 | sufficient cash basis to meet a 6-month period of projected cash |
481 | needs due to any deficit in the subplan or the tier remaining |
482 | after accessing any policyholder surplus attributable to former |
483 | subplan "C," the board is authorized to request the department |
484 | to transfer funds from the contingency reserve fund within the |
485 | Workers' Compensation Administration Trust Fund to the plan in |
486 | an amount sufficient to fund the difference between the amount |
487 | available and the amount needed to meet the subplan's or the |
488 | tier's projected cash need for the subsequent 6-month period. |
489 | The board and the office must first certify to the Department of |
490 | Financial Services that there is not sufficient cash within the |
491 | subplan or the tier to meet the projected cash needs in the |
492 | subplan or the tier within the subsequent 6-month period. The |
493 | amount requested for transfer to the subplan or the tier may not |
494 | exceed the difference between the amount available within the |
495 | subplan or the tier and the amount needed to meet the subplan's |
496 | or the tier's projected cash need for the subsequent 6-month |
497 | period, as jointly certified by the board and the Office of |
498 | Insurance Regulation to the Department of Financial Services, |
499 | attributable to the former subplan or the tier policyholders. |
500 | The Department of Financial Services may submit a budget |
501 | amendment to request release of funds from the Workers' |
502 | Compensation Administration Trust Fund, subject to the approval |
503 | of the Legislative Budget Commission. The board shall provide, |
504 | for review of the Legislative Budget Commission, information on |
505 | the reasonableness of the plan's administration, including, but |
506 | not limited to, the plan of operations and costs, claims costs, |
507 | claims administration costs, overhead costs, claims reserves, |
508 | and the latest report submitted on administration cost reduction |
509 | alternatives as required in subparagraph (5)(c)17. |
510 | (h) No later than January 1, 2007, the plan shall submit a |
511 | request to the Internal Revenue Service for a letter ruling or |
512 | determination on the plan's eligibility as a section 501(c)(3) |
513 | tax-exempt organization. |
514 | (i) This subsection expires July 1, 2007. |
515 | Section 18. In order to implement Specific Appropriation |
516 | 2969A of the 2006-2007 General Appropriations Act, subsections |
517 | (3) and (4) are added to section 282.318, Florida Statutes, to |
518 | read: |
519 | 282.318 Security of data and information technology |
520 | resources.-- |
521 | (3) Notwithstanding subsection (2), the Department of |
522 | Management Services, hereafter referred to as the "department," |
523 | in consultation with each agency head, is responsible for |
524 | coordinating, assessing, and recommending minimum operating |
525 | procedures for ensuring an adequate level of security for data |
526 | and information technology resources. To assist the department |
527 | in carrying out this responsibility, each agency shall, at a |
528 | minimum: |
529 | (a) Designate an information security manager who shall |
530 | administer the security program of the agency for its data and |
531 | information technology resources. |
532 | (b) Conduct, and update every 3 years, a comprehensive |
533 | risk analysis to determine the security threats to the data, |
534 | information, and information technology resources of the agency. |
535 | The risk analysis information made confidential and exempt under |
536 | subparagraph (2)(a)2. shall be available to the Auditor General |
537 | in performing his or her postauditing duties. |
538 | (c) Develop, and periodically update, written internal |
539 | policies and procedures that are consistent with the standard |
540 | operating procedures recommended by the department to ensure the |
541 | security of the data and information technology resources of the |
542 | agency. The internal policies and procedures that, if disclosed, |
543 | could facilitate the unauthorized modification, disclosure, or |
544 | destruction of data or information technology resources made |
545 | confidential and exempt under subparagraph (2)(a)3. shall be |
546 | available to the Auditor General in performing his or her |
547 | postauditing duties. |
548 | (d) Implement appropriate cost-effective safeguards to |
549 | reduce, eliminate, or recover from the identified risks to the |
550 | data and information technology resources of the agency. |
551 | (e) Ensure that periodic internal audits and evaluations |
552 | of the security program for the data, information, and |
553 | information technology resources of the agency are conducted. |
554 | The results of such internal audits and evaluations made |
555 | confidential and exempt under subparagraph (2)(a)5. shall be |
556 | available to the Auditor General in performing his or her |
557 | postauditing duties. |
558 | (f) Include appropriate security requirements in the |
559 | written specifications for the solicitation of information |
560 | technology resources that are consistent with the standard |
561 | security operating procedures as recommended by the department. |
562 | (g) This subsection expires July 1, 2007. |
563 |
|
564 | In those instances under this subsection in which the department |
565 | develops state contracts for use by state agencies, the |
566 | department shall include appropriate security requirements in |
567 | the specifications for the solicitation for state contracts for |
568 | procuring information technology resources. |
569 | (4) In order to ensure the security of data, information, |
570 | and information technology resources, the department shall |
571 | establish the Office of Information Security and shall designate |
572 | a Chief Information Security Officer as the head of the office. |
573 | The office shall coordinate its activities with the Agency Chief |
574 | Information Officers Council as established in s. 282.315. The |
575 | office is responsible for developing a strategic plan for |
576 | information technology security which shall be submitted by |
577 | March 1, 2007, to the Executive Office of the Governor, the |
578 | President of the Senate, and the Speaker of the House of |
579 | Representatives; developing standards and templates for |
580 | conducting comprehensive risk analyses and information security |
581 | audits by state agencies; assisting agencies in their compliance |
582 | with the provisions of this section; establishing minimum |
583 | standards for the recovery of information technology following a |
584 | disaster; and conducting training for agency information |
585 | security managers. This subsection expires July 1, 2007. |
586 | Section 19. In order to implement Specific Appropriations |
587 | 2832-2845 of the 2006-2007 General Appropriations Act, |
588 | subsection (3) and paragraph (e) of subsection (4) of section |
589 | 255.249, Florida Statutes, are amended to read: |
590 | 255.249 Department of Management Services; responsibility; |
591 | department rules.-- |
592 | (3)(a) The department shall, to the extent feasible, |
593 | coordinate the vacation of privately owned leased space with the |
594 | expiration of the lease on that space and, when a lease is |
595 | terminated before expiration of its base term, will make a |
596 | reasonable effort to place another state agency in the space |
597 | vacated. Any state agency may lease the space in any building |
598 | that was subject to a lease terminated by a state agency for a |
599 | period of time equal to the remainder of the base term without |
600 | the requirement of competitive bidding. |
601 | (b) The department shall annually publish a report that |
602 | lists, by agency, all leases that are due to expire within 24 |
603 | months. The annual report must include the following information |
604 | for each lease: location; size of leased space; current cost per |
605 | leased square foot; lease expiration date; and a determination |
606 | of whether sufficient state-owned office space will be available |
607 | at the expiration of the lease to house affected employees. The |
608 | report must also include a list of amendments and supplements to |
609 | and waivers of terms and conditions in lease agreements that |
610 | have been approved pursuant to s. 255.25(2)(a) during the |
611 | previous 12 months and an associated comprehensive analysis, |
612 | including financial implications, showing that any amendment, |
613 | supplement, or waiver is in the state's long-term best interest. |
614 | The department shall furnish this report to the Executive Office |
615 | of the Governor and the Legislature by September 15 of each |
616 | year. This paragraph expires July 1, 2007. |
617 | (4) The department shall promulgate rules pursuant to |
618 | chapter 120 providing: |
619 | (e)1. Acceptable terms and conditions for inclusion in |
620 | lease agreements. |
621 | 2. Such terms and conditions shall include, at a minimum, |
622 | the following clauses, which may not be amended, supplemented, |
623 | or waived: |
624 | a. As provided in s. 255.2502, "The State of Florida's |
625 | performance and obligation to pay under this contract is |
626 | contingent upon an annual appropriation by the Legislature." |
627 | b. "The Lessee shall have the right to terminate, without |
628 | penalty, this lease in the event a State-owned building becomes |
629 | available to the Lessee for occupancy in the County of |
630 | ____________, Florida, during the term of said lease for the |
631 | purposes for which this space is being leased upon giving 6 |
632 | months' advance written notice to the Lessor by Certified Mail, |
633 | Return Receipt Requested." |
634 |
|
635 | This subparagraph expires July 1, 2007. |
636 | Section 20. In order to implement Specific Appropriations |
637 | 2832-2845 of the 2006-2007 General Appropriations Act, paragraph |
638 | (d) is added to subsection (2) and paragraph (c) is added to |
639 | subsection (4) of section 255.25, Florida Statutes, to read: |
640 | 255.25 Approval required prior to construction or lease of |
641 | buildings.-- |
642 | (2) |
643 | (d) Notwithstanding paragraph (a) and except as provided |
644 | in ss. 255.249 and 255.2501, a state agency may not lease a |
645 | building or any part thereof unless prior approval of the lease |
646 | terms and conditions and of the need therefor is first obtained |
647 | from the Department of Management Services. The department may |
648 | not approve any term or condition in a lease agreement which has |
649 | been amended, supplemented, or waived unless a comprehensive |
650 | analysis, including financial implications, demonstrates that |
651 | such amendment, supplement, or waiver is in the state's long- |
652 | term best interest. Any approved lease may include an option to |
653 | purchase or an option to renew the lease, or both, upon such |
654 | terms and conditions as are established by the department |
655 | subject to final approval by the head of the Department of |
656 | Management Services and the provisions of s. 255.2502. This |
657 | paragraph expires July 1, 2007. This paragraph expires July 1, |
658 | 2007. |
659 | (4) |
660 | (c) Because the state has a substantial financial |
661 | investment in state-owned buildings, it is legislative policy |
662 | and intent that when state-owned buildings meet the needs of |
663 | state agencies, agencies must fully use such buildings before |
664 | leasing privately owned buildings. By September 15, 2006, the |
665 | Department of Management Services shall create a 5-year plan for |
666 | implementing this policy. The department shall update this plan |
667 | annually, detailing proposed departmental actions to meet the |
668 | plan's goals. The department shall furnish this plan to the |
669 | President of the Senate, the Speaker of the House of |
670 | Representatives, and the Executive Office of the Governor by |
671 | September 15 of each year. This paragraph expires July 1, 2007. |
672 | Section 21. In order to implement Specific Appropriations |
673 | 2832-2845 of the 2006-2007 General Appropriations Act, |
674 | subsection (7) of section 255.503, Florida Statutes, is amended |
675 | to read: |
676 | 255.503 Powers of the Department of Management |
677 | Services.--The Department of Management Services shall have all |
678 | the authority necessary to carry out and effectuate the purposes |
679 | and provisions of this act, including, but not limited to, the |
680 | authority to: |
681 | (7)(a) Sell, lease, release, or otherwise dispose of |
682 | facilities in the pool in accordance with applicable law. |
683 | (b) No later than the date upon which the department |
684 | recommends to the Division of State Lands of the Department of |
685 | Environmental Protection the disposition of any facility within |
686 | the Florida Facilities Pool, the department shall provide to the |
687 | President of the Senate, the Speaker of the House of |
688 | Representatives, the Executive Office of the Governor, and the |
689 | Division of Bond Finance of the State Board of Administration an |
690 | analysis that includes: |
691 | 1. The cost benefit of the proposed facility disposition, |
692 | including the facility's current operating expenses, condition, |
693 | and market value, and viable alternatives for work space for |
694 | impacted state employees. |
695 | 2. The effect of the proposed facility disposition on the |
696 | financial status of the Florida Facilities Pool, including the |
697 | effect on rental rates and coverage requirement for the bonds. |
698 |
|
699 | This paragraph expires July 1, 2007. |
700 | Section 22. In order to implement Specific Appropriation |
701 | 2096A of the 2006-2007 General Appropriations Act, subsection |
702 | (4) is added to section 370.13, Florida Statutes, to read: |
703 | 370.13 Stone crab; regulation.-- |
704 | (4) For the 2006-2007 fiscal year only, the trap tag fees |
705 | required by this section shall be waived by the commission. This |
706 | subsection expires July 1, 2007. |
707 | Section 23. In order to implement Specific Appropriation |
708 | 2096A of the 2006-2007 General Appropriations Act, subsection |
709 | (7) is added to section 370.142, Florida Statutes, to read: |
710 | 370.142 Spiny lobster trap certificate program.-- |
711 | (7) For the 2006-2007 fiscal year only, the trap tag fees |
712 | required by this section shall be waived by the commission. This |
713 | subsection expires July 1, 2007. |
714 | Section 24. Notwithstanding s. 403.7095, Florida Statutes, |
715 | in order to implement Specific Appropriation 1868 of the 2006- |
716 | 2007 General Appropriations Act, the Department of Environmental |
717 | Protection shall award: |
718 | (1) $6,500,000 in grants equally to counties with |
719 | populations of fewer than 100,000 for waste tire, litter |
720 | prevention, recycling and education, and general solid waste |
721 | programs. |
722 | (2) $1,599,500 to be used for Innovative Grants. |
723 |
|
724 | This section expires July 1, 2007. |
725 | Section 25. In order to implement Specific Appropriation |
726 | 1847 of the 2006-2007 General Appropriations Act, and for the |
727 | 2006-2007 fiscal year only, the Department of Environmental |
728 | Protection shall conduct a pilot program of the efficacy of |
729 | expedited site evaluation and cleanup of existing public port |
730 | and airport facility sites that have high redevelopment |
731 | potential and that serve an immediate and demonstrated public |
732 | purpose. The department shall conduct the pilot program at sites |
733 | that will serve as prototypes to evaluate the need for funding |
734 | in subsequent years. |
735 | (1) The pilot program sites selected must include: |
736 | (a) A port facility at which petroleum contamination is a |
737 | potential threat to marine and estuarine waters and is hindering |
738 | the tourism, trade, and economic development potential for the |
739 | facility and the surrounding area; and |
740 | (b) An airport adjacent to marine or estuarine waters |
741 | where redevelopment and expansion are likely to be hindered by |
742 | petroleum contamination issues. |
743 | (2) The pilot program should focus on: |
744 | (a) Rapid assessment of the scope of the contamination |
745 | issues; |
746 | (b) The effective use of existing site information; |
747 | (c) For larger, multiyear projects, the development of |
748 | project phases, schedules, and budget estimates, including |
749 | appropriate cost-sharing components with affected entities; |
750 | (d) Commitment of one-time funds for petroleum |
751 | contamination assessment, free product removal, soil removal, |
752 | and restoration that will render site conditions suitable for |
753 | immediate redevelopment; and |
754 | (e) Preparation of an independent oversight report that |
755 | evaluates the cost-effectiveness of this funding approach with |
756 | emphasis on the timing of tax benefits that may accrue. |
757 | (3) The department is directed to implement this pilot |
758 | program as soon as possible and report its progress to the |
759 | Legislature by March 1, 2007. |
760 | (4) This section expires July 1, 2007. |
761 | Section 26. In order to implement Specific Appropriation |
762 | 1825 of the 2006-2007 General Appropriations Act, and for the |
763 | 2006-2007 fiscal year only, there is hereby created the |
764 | Caloosahatchee-St. Lucie Rivers Corridor Advisory Council. |
765 | (1) For purposes of this section, the hydrologic basins of |
766 | the Caloosahatchee River and its estuary and the St. Lucie River |
767 | and its estuary, including Lake Okeechobee, shall be known as |
768 | the "Caloosahatchee-St. Lucie Rivers Corridor." |
769 | (2) The Caloosahatchee-St. Lucie Rivers Corridor Advisory |
770 | Council is under the Department of Environmental Protection and |
771 | shall consist of 17 members who shall be appointed as follows: |
772 | (a) The Governor shall appoint: |
773 | 1. One consumer member. |
774 | 2. One member with hydrologic experience within the |
775 | Caloosahatchee-St. Lucie Rivers Corridor and expertise in |
776 | engineering. |
777 | 3. One member from the agriculture industry. |
778 | 4. One member from an environmental group. |
779 | 5. One member from the business or tourism community in |
780 | Okeechobee County, Martin County, or Palm Beach County. |
781 | (b) The President of the Senate shall appoint: |
782 | 1. One member representing local government in Lee County. |
783 | 2. One member with hydrologic experience within the |
784 | Caloosahatchee-St. Lucie Rivers Corridor and expertise in |
785 | hydrology. |
786 | 3. One member from the agriculture industry. |
787 | 4. One member from an environmental group. |
788 | 5. One member from the business or tourism community in |
789 | Lee County or Charlotte County. |
790 | 6. One member from the Senate. |
791 | (c) The Speaker of the House of Representatives shall |
792 | appoint: |
793 | 1. One member representing local government in Martin |
794 | County. |
795 | 2. One member with hydrologic experience within the |
796 | Caloosahatchee-St. Lucie Rivers Corridor and expertise in |
797 | biology. |
798 | 3. One member from the agriculture industry. |
799 | 4. One member from an environmental group. |
800 | 5. One member from the business or tourism community in |
801 | Hendry County or Glades County. |
802 | 6. One member from the House of Representatives. |
803 | (d) The Governor shall appoint the chair of the advisory |
804 | council from among its members. |
805 | (e) Appointments to the advisory council shall be made no |
806 | later than 30 days after the effective date of this act. |
807 | (f) Each member of the advisory council may receive per |
808 | diem and travel expenses as provided in s. 112.061, Florida |
809 | Statutes, while carrying out the business of the advisory |
810 | council. |
811 | (g) The first meeting of the advisory council shall be |
812 | held no later than 60 days after the effective date of this act. |
813 | (h) The records and meetings of the advisory council are |
814 | subject to the provisions of chapter 119 and s. 286.011, Florida |
815 | Statutes. |
816 | (i) The advisory council shall be staffed by an executive |
817 | director and other personnel selected and hired by the |
818 | Department of Environmental Protection who shall be exempt from |
819 | part II of chapter 110, Florida Statutes, relating to the Career |
820 | Service System. The Department of Environmental Protection may |
821 | employ staff and consultants as necessary to assist the advisory |
822 | council in fulfilling its responsibilities. The South Florida |
823 | Water Management District and the Department of Environmental |
824 | Protection shall each appoint a liaison for the respective |
825 | agency to work directly with the executive director of the |
826 | advisory council and to provide expertise and assistance to the |
827 | advisory council. |
828 | (3) The duties of the Caloosahatchee-St. Lucie Rivers |
829 | Corridor Advisory Council are to: |
830 | (a) Meet at least five times after August 1, 2006. |
831 | (b) Hold a minimum of five public hearings within the |
832 | Caloosahatchee-St. Lucie Rivers Corridor for the purpose of |
833 | receiving public comments and information. |
834 | (c) Review the operation and management of Lake Okeechobee |
835 | and the associated discharges from the lake for the purpose of |
836 | formulating specific recommendations relating to, but not |
837 | limited to: |
838 | 1. Scientifically viable, economically feasible projects, |
839 | programs, and regulations that address or mitigate the impacts |
840 | of high-level discharges from Lake Okeechobee upon the receiving |
841 | waters of the Caloosahatchee River and the St. Lucie Canal and |
842 | St. Lucie River and their respective estuaries. |
843 | 2. Ongoing projects and plans authorized pursuant to the |
844 | Lake Okeechobee Protection Program and the Comprehensive |
845 | Everglades Restoration Plan under s. 373.4592, Florida Statutes. |
846 | 3. Environmentally and economically feasible projects to |
847 | remove accumulated sedimentation from Lake Okeechobee. |
848 | 4. Alternative treatment strategies, projects, best |
849 | management practices, and funding sources to manage more |
850 | effectively the hydrology of the corridor to minimize adverse |
851 | ecological effects upon the receiving waters from Lake |
852 | Okeechobee discharge. |
853 | 5. Long-term funding for implementation of the projects |
854 | and programs identified in the report. |
855 | (4) The advisory council shall prepare and submit a report |
856 | and recommendations to the President of the Senate and the |
857 | Speaker of the House of Representatives prior to the 2007 |
858 | Regular Session of the Legislature for implementation of |
859 | projects and strategies to mitigate the present effects of high |
860 | discharges from Lake Okeechobee upon the described basins. |
861 | (5) The advisory council shall submit to the Governor, the |
862 | President of the Senate, and the Speaker of the House of |
863 | Representatives by March 1, 2007, a report with specific |
864 | recommendations for implementation by the Legislature and the |
865 | Governor that will mitigate ecological effects upon the |
866 | Caloosahatchee-St. Lucie Rivers Corridor and stabilize the |
867 | effect of high discharges from Lake Okeechobee upon the tourist |
868 | economy of Southwest and Southeast Florida. |
869 | (6) The advisory council shall expire on April 1, 2007, |
870 | and this section shall expire July 1, 2007. |
871 | Section 27. In order to implement Specific Appropriations |
872 | 1857A and 1616A of the 2006-2007 General Appropriations Act, |
873 | there is hereby created the Retail Fuel Outlet Emergency Power |
874 | Assistance Grant Program within the Department of Community |
875 | Affairs to provide assistance to retail fuel outlets in |
876 | retrofitting their facilities to accommodate portable generators |
877 | in preparation for major power outages. |
878 | (1) Any person who is the owner of a retail fuel outlet or |
879 | outlets may apply for a matching grant for an amount of no more |
880 | than 50 percent of the actual costs of installation of the |
881 | wiring and transfer switch necessary to accept an emergency |
882 | power generating source of sufficient size and power generation |
883 | capacity for the retail fuel outlet or outlets to maintain the |
884 | ability to safely dispense fuel to the public in the event of |
885 | loss of commercial power. |
886 | (2) The matching grants of up to $5,000 per retail fuel |
887 | outlet shall be made as reimbursements for actual costs after |
888 | the installation is complete. In order to qualify for the |
889 | matching grant, a completed application shall be made to the |
890 | department. The department shall provide matching grants to each |
891 | person on a first-come, first-served basis. The department shall |
892 | provide application procedures and requirements for |
893 | documentation of installation and prior payment. |
894 |
|
895 | This section expires July 1, 2007. |
896 | Section 28. In order to implement Specific Appropriations |
897 | 1362-1546A of the 2006-2007 General Appropriations Act, section |
898 | 502.015, Florida Statutes, is amended to read: |
899 | 502.015 General Inspection Trust Fund.-- |
900 | (1) Any moneys collected by the department pursuant to |
901 | this chapter shall be deposited in the General Inspection Trust |
902 | Fund and used solely for the programs in this chapter. |
903 | (2) For the 2006-2007 fiscal year only and notwithstanding |
904 | any other provision of law to the contrary, in addition to the |
905 | spending authorized in subsection (1), moneys in the General |
906 | Inspection Trust Fund may be appropriated for programs operated |
907 | by the department which are related to the programs authorized |
908 | by this chapter. This subsection expires July 1, 2007. |
909 | Section 29. In order to implement Specific Appropriations |
910 | 2788 and 2789 of the 2006-2007 General Appropriations Act, |
911 | section 11.151, Florida Statutes, is amended to read: |
912 | 11.151 Annual legislative appropriation to contingency |
913 | fund for use of Senate President and House Speaker.-- |
914 | (1) There is established a legislative contingency fund |
915 | consisting of $10,000 for the President of the Senate and |
916 | $10,000 for the Speaker of the House of Representatives, which |
917 | amounts shall be set aside annually from moneys appropriated for |
918 | legislative expense. These funds shall be disbursed by the Chief |
919 | Financial Officer upon receipt of vouchers authorized by the |
920 | President of the Senate or the Speaker of the House of |
921 | Representatives. Such funds may be expended at the unrestricted |
922 | discretion of the President of the Senate or the Speaker of the |
923 | House of Representatives in carrying out their official duties |
924 | during the entire period between the date of their election as |
925 | such officers at the organizational meeting held pursuant to s. |
926 | 3(a), Art. III of the State Constitution and the next general |
927 | election. |
928 | (2) For the 2006-2007 2005-2006 fiscal year only, the |
929 | contingency fund amounts in subsection (1) are increased to |
930 | $20,000. This subsection expires July 1, 2007 2006. |
931 | Section 30. In order to implement Specific Appropriations |
932 | 1695A and 1696A and section 31 of the 2006-2007 General |
933 | Appropriations Act, subsection (3) of section 375.041, Florida |
934 | Statutes, is amended to read: |
935 | 375.041 Land Acquisition Trust Fund.-- |
936 | (3)(a) Any moneys in the Land Acquisition Trust Fund which |
937 | are not pledged for rentals or debt service as provided in |
938 | subsection (2) may be expended from time to time to acquire |
939 | land, water areas, and related resources and to construct, |
940 | improve, enlarge, extend, operate, and maintain capital |
941 | improvements and facilities in accordance with the plan. |
942 | (b) In addition to the uses allowed in paragraph (a), for |
943 | the 2006-2007 fiscal year, moneys in the Land Acquisition Trust |
944 | Fund are authorized for expenditure or transfer to the Florida |
945 | Forever Trust Fund and the Save Our Everglades Trust Fund to |
946 | support the programs authorized in chapters 259 and 373. This |
947 | paragraph expires July 1, 2007. |
948 | Section 31. In order to implement section 31 of the 2006- |
949 | 2007 General Appropriations Act, subsection (4) of section |
950 | 259.032, Florida Statutes, is amended to read: |
951 | 259.032 Conservation and Recreation Lands Trust Fund; |
952 | purpose.-- |
953 | (4)(a) Lands acquired under this section shall be for use |
954 | as state-designated parks, recreation areas, preserves, |
955 | reserves, historic or archaeological sites, geologic or |
956 | botanical sites, recreational trails, forests, wilderness areas, |
957 | wildlife management areas, urban open space, or other state- |
958 | designated recreation or conservation lands; or they shall |
959 | qualify for such state designation and use if they are to be |
960 | managed by other governmental agencies or nonstate entities as |
961 | provided for in this section. |
962 | (b) In addition to the uses allowed in paragraph (a), |
963 | moneys may be transferred from the Conservation and Recreation |
964 | Lands Trust Fund to the Florida Forever Trust Fund or the Land |
965 | Acquisition Trust Fund. This paragraph expires July 1, 2007. |
966 | Section 32. In order to implement section 31 of the 2006- |
967 | 2007 General Appropriations Act, subsection (12) is added to |
968 | section 373.59, Florida Statutes, to read: |
969 | 373.59 Water Management Lands Trust Fund.-- |
970 | (12) In addition to the uses allowed in this section, |
971 | moneys may be transferred from the Water Management Lands Trust |
972 | Fund to the Florida Forever Trust Fund or the Land Acquisition |
973 | Trust Fund. This subsection expires July 1, 2007. |
974 | Section 33. In order to implement Specific Appropriations |
975 | 1820 and 1821 and section 32 of the 2006-2007 General |
976 | Appropriations Act, subsection (6) is added to section 373.459, |
977 | Florida Statutes, to read: |
978 | 373.459 Funds for surface water improvement and |
979 | management.-- |
980 | (6)(a) The match requirement of subsection (2) shall not |
981 | apply to the Suwannee River Water Management District, the |
982 | Northwest Florida Water Management District, or a financially |
983 | disadvantaged small local government as defined in s. |
984 | 403.885(5). |
985 | (b) Notwithstanding the requirements of subsection (3), |
986 | the Ecosystem Management and Restoration Trust Fund and the |
987 | Water Protection and Sustainability Trust Fund shall be used for |
988 | the deposit of funds appropriated by the Legislature for the |
989 | purposes of ss. 373.451-373.4595. The department shall |
990 | administer all funds appropriated to or received for surface |
991 | water improvement and management activities. Expenditure of the |
992 | moneys shall be limited to the costs of details planning and |
993 | plan and program implementation for priority surface water |
994 | bodies. Moneys from the funds shall not be expended for planning |
995 | for, construction or expansion of, treatment facilities for |
996 | domestic or industrial waste disposal. |
997 | (c) Notwithstanding the requirements of subsection (4), |
998 | the department shall authorize the release of money from the |
999 | funds in accordance with the provisions of s. 373.501(2) and |
1000 | procedures in s. 373.59(4) and (5). |
1001 | (d) Notwithstanding the requirements of subsection (5), |
1002 | moneys in the Ecosystem Restoration and Management Trust Fund |
1003 | that are not needed to meet current obligations incurred under |
1004 | this section shall be transferred to the State Board of |
1005 | Administration, to the credit of the trust fund, to be invested |
1006 | in the manner provided by law. Interest received on such |
1007 | investments shall be credited to the trust fund. |
1008 | (e) This subsection expires July 1, 2007. |
1009 | Section 34. In order to implement Specific Appropriation |
1010 | 1821 of the 2006-2007 General Appropriations Act, subsection (7) |
1011 | is added to section 403.885, Florida Statutes, to read: |
1012 | 403.885 Stormwater management; wastewater management; and |
1013 | Water Restoration Grant Program.-- |
1014 | (7) Notwithstanding subsections (1), (3), (5), and (6): |
1015 | (a) The department shall administer a grant program to use |
1016 | funds transferred pursuant to s. 212.20 to the Ecosystem |
1017 | Management and Restoration Trust Fund or other moneys as |
1018 | appropriated by the Legislature for stormwater management, |
1019 | wastewater management, water restoration, and other water |
1020 | projects as specifically appropriated by the Legislature. |
1021 | Eligible recipients of such grants include counties, |
1022 | municipalities, water management districts, and special |
1023 | districts that have legal responsibilities for water quality |
1024 | improvement, storm water management, wastewater management, lake |
1025 | and river water restoration projects, and drinking water |
1026 | projects pursuant to this section. |
1027 | (b) All project applicants shall provide local matching |
1028 | funds as follows: |
1029 | 1. An applicant for state funding of a stormwater |
1030 | management or surfacewater management project shall provide |
1031 | local matching funds equal to at least 50 percent of the total |
1032 | cost of the project. |
1033 | 2. An applicant for state funding of a wastewater |
1034 | management project shall provide matching funds equal to at |
1035 | least 25 percent of the total cost of the project. |
1036 | (c) The requirement in paragraph (b) for matching funds |
1037 | may be waived if the applicant is a financially disadvantaged |
1038 | small local government. For purposes of this subsection, the |
1039 | term "financially disadvantaged small local government" means a |
1040 | municipality having a population of 7,500 or less, a county |
1041 | having a population of 35,000 or less, according to the latest |
1042 | decennial census, and a per capita annual income less than the |
1043 | state per capita annual income as determined by the United |
1044 | States Department of Commerce, or a county in an area designated |
1045 | by the Governor as a rural area of critical economic concern |
1046 | pursuant to s. 288.0656. |
1047 | (d) This subsection expires July 1, 2007. |
1048 | Section 35. In order to implement Specific Appropriation |
1049 | 2688 of the 2006-2007 General Appropriations Act, paragraph (b) |
1050 | of subsection (9) of section 320.08058, Florida Statutes, is |
1051 | amended to read: |
1052 | 320.08058 Specialty license plates.-- |
1053 | (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.-- |
1054 | (b) The license plate annual use fees are to be annually |
1055 | distributed as follows: |
1056 | 1. Fifty-five percent of the proceeds from the Florida |
1057 | Professional Sports Team plate must be deposited into the |
1058 | Professional Sports Development Trust Fund within the Office of |
1059 | Tourism, Trade, and Economic Development. These funds must be |
1060 | used solely to attract and support major sports events in this |
1061 | state. As used in this subparagraph, the term "major sports |
1062 | events" means, but is not limited to, championship or all-star |
1063 | contests of Major League Baseball, the National Basketball |
1064 | Association, the National Football League, the National Hockey |
1065 | League, the men's and women's National Collegiate Athletic |
1066 | Association Final Four basketball championship, or a horseracing |
1067 | or dogracing Breeders' Cup. All funds must be used to support |
1068 | and promote major sporting events, and the uses must be approved |
1069 | by the Florida Sports Foundation. |
1070 | 2. The remaining proceeds of the Florida Professional |
1071 | Sports Team license plate must be allocated to the Florida |
1072 | Sports Foundation, a direct-support organization of the Office |
1073 | of Tourism, Trade, and Economic Development. These funds must be |
1074 | deposited into the Professional Sports Development Trust Fund |
1075 | within the Office of Tourism, Trade, and Economic Development. |
1076 | These funds must be used by the Florida Sports Foundation to |
1077 | promote the economic development of the sports industry; to |
1078 | distribute licensing and royalty fees to participating |
1079 | professional sports teams; to promote education programs in |
1080 | Florida schools that provide an awareness of the benefits of |
1081 | physical activity and nutrition standards; to partner with the |
1082 | Department of Education and the Department of Health to develop |
1083 | a program that recognizes schools whose students demonstrate |
1084 | excellent physical fitness or fitness improvement; to institute |
1085 | a grant program for communities bidding on minor sporting events |
1086 | that create an economic impact for the state; to distribute |
1087 | funds to Florida-based charities designated by the Florida |
1088 | Sports Foundation and the participating professional sports |
1089 | teams; and to fulfill the sports promotion responsibilities of |
1090 | the Office of Tourism, Trade, and Economic Development. |
1091 | 3. The Florida Sports Foundation shall provide an annual |
1092 | financial audit in accordance with s. 215.981 of its financial |
1093 | accounts and records by an independent certified public |
1094 | accountant pursuant to the contract established by the Office of |
1095 | Tourism, Trade, and Economic Development as specified in s. |
1096 | 288.1229(5). The auditor shall submit the audit report to the |
1097 | Office of Tourism, Trade, and Economic Development for review |
1098 | and approval. If the audit report is approved, the office shall |
1099 | certify the audit report to the Auditor General for review. |
1100 | 4. For the 2006-2007 2005-2006 fiscal year only and |
1101 | notwithstanding the provisions of subparagraphs 1. and 2., |
1102 | proceeds from the Professional Sports Development Trust Fund may |
1103 | also be used for operational expenses of the Florida Sports |
1104 | Foundation and financial support of the Sunshine State Games. |
1105 | This subparagraph expires July 1, 2007 2006. |
1106 | Section 36. In order to implement section 51 of the 2006- |
1107 | 2007 General Appropriations Act, subsection (13) of section |
1108 | 253.034, Florida Statutes, is amended to read: |
1109 | 253.034 State-owned lands; uses.-- |
1110 | (13) Notwithstanding the provisions of this section, funds |
1111 | from the sale of property by the Department of Highway Safety |
1112 | and Motor Vehicles located in Palm Beach County are authorized |
1113 | to be deposited into the Highway Safety Operating Trust Fund to |
1114 | facilitate the exchange as provided in the General |
1115 | Appropriations Act, provided that at the conclusion of both |
1116 | exchanges the values are equalized. This subsection expires July |
1117 | 1, 2007 2006. |
1118 | Section 37. In order to implement proviso language |
1119 | following Specific Appropriation 2304 of the 2006-2007 General |
1120 | Appropriations Act, section 402.3017, Florida Statutes, is |
1121 | amended to read: |
1122 | 402.3017 Teacher Education and Compensation Helps (TEACH) |
1123 | scholarship program.-- |
1124 | (1) The Legislature finds that the level of early child |
1125 | care teacher education and training is a key predictor for |
1126 | determining program quality. The Legislature also finds that low |
1127 | wages for child care workers prevent many from obtaining |
1128 | increased training and education and contribute to high turnover |
1129 | rates. The Legislature therefore intends to help fund a program |
1130 | which links teacher training and education to compensation and |
1131 | commitment to the field of early childhood education. |
1132 | (2) The Department of Children and Family Services is |
1133 | authorized to contract for the administration of the Teacher |
1134 | Education and Compensation Helps (TEACH) scholarship program, |
1135 | which provides educational scholarships to caregivers and |
1136 | administrators of early childhood programs, family day care |
1137 | homes, and large family child care homes. |
1138 | (3) The department shall adopt rules as necessary to |
1139 | implement this section. |
1140 | (4) For the 2006-2007 2005-2006 fiscal year only, the |
1141 | Agency for Workforce Innovation may shall administer this |
1142 | section. This subsection expires July 1, 2007 2006. |
1143 | Section 38. In order to implement Specific Appropriations |
1144 | 1594, 1596, 1598, 1600, 1608, and 1609 of the 2006-2007 General |
1145 | Appropriations Act, subsection (5) of section 216.292, Florida |
1146 | Statutes, is amended to read: |
1147 | 216.292 Appropriations nontransferable; exceptions.-- |
1148 | (5)(a) A transfer of funds may not result in the |
1149 | initiation of a fixed capital outlay project that has not |
1150 | received a specific legislative appropriation, except that |
1151 | federal funds for fixed capital outlay projects for the |
1152 | Department of Military Affairs, which do not carry a continuing |
1153 | commitment on future appropriations by the Legislature, may be |
1154 | approved by the Executive Office of the Governor for the purpose |
1155 | received, subject to the notice, review, and objection |
1156 | procedures set forth in s. 216.177. |
1157 | (b) Notwithstanding paragraph (a), and for the 2006-2007 |
1158 | fiscal year only, the Governor may recommend the initiation of |
1159 | fixed capital outlay projects funded by grants awarded by the |
1160 | Federal Emergency Management Agency for FEMA Disaster |
1161 | Declarations 1539-DR-FL, 1545-DR-FL, 1551-DR-FL, 1561-DR-FL, |
1162 | 1595-DR-FL, 1602-DR-FL, and EM3259-FL. All actions taken |
1163 | pursuant to the authority granted in this paragraph are subject |
1164 | to review and approval by the Legislative Budget Commission. |
1165 | This paragraph expires July 1, 2007. |
1166 | Section 39. In order to implement Specific Appropriation |
1167 | 2132 of the 2006-2007 General Appropriations Act, subsection (3) |
1168 | is added to section 311.22, Florida Statutes, to read: |
1169 | 311.22 Additional authorization for funding certain |
1170 | dredging projects.-- |
1171 | (3) For the 2006-2007 fiscal year only and notwithstanding |
1172 | the matching basis specified in subsection (1), funding for |
1173 | projects in subsection (1) shall require a minimum 25 percent |
1174 | match of funds received pursuant to this section. This |
1175 | subsection expires July 1, 2007. |
1176 | Section 40. In order to implement Specific Appropriation |
1177 | 2304 of the 2006-2007 General Appropriations Act, subsection (9) |
1178 | of section 411.01, Florida Statutes, is amended to read: |
1179 | 411.01 School readiness programs; early learning |
1180 | coalitions.-- |
1181 | (9) FUNDING; SCHOOL READINESS PROGRAM.-- |
1182 | (a) It is the intent of this section to establish an |
1183 | integrated and quality seamless service delivery system for all |
1184 | publicly funded early childhood education and child care |
1185 | programs operating in this state. |
1186 | (b)1. The Agency for Workforce Innovation shall administer |
1187 | school readiness funds, plans, and policies and shall prepare |
1188 | and submit a unified budget request for the school readiness |
1189 | system in accordance with chapter 216. |
1190 | 2. All instructions to early learning coalitions for |
1191 | administering this section shall emanate from the Agency for |
1192 | Workforce Innovation in accordance with the policies of the |
1193 | Legislature. |
1194 | (c) The Agency for Workforce Innovation shall recommend |
1195 | adopt a formula for the allocation among the early learning |
1196 | coalitions of all state and federal school readiness funds for |
1197 | children participating in public or private school readiness |
1198 | programs based upon equity and performance. The allocation |
1199 | formula must be submitted to the Governor, and the chair of the |
1200 | Senate Ways and Means Committee or its successor, and the chair |
1201 | of the House of Representatives Fiscal Council or its successor |
1202 | no later than January 1 of each year. The Legislature shall |
1203 | specify in the annual General Appropriations Act any changes |
1204 | from the allocation methodology for the prior fiscal year which |
1205 | must be used by the Agency for Workforce Innovation in |
1206 | allocating the appropriations provided in the General |
1207 | Appropriations Act Legislative Budget Commission. Upon approval, |
1208 | the Legislative Budget Commission shall authorize the Agency for |
1209 | Workforce Innovation to distribute funds in accordance with the |
1210 | allocation formula. For fiscal year 2004-2005, the Agency for |
1211 | Workforce Innovation shall allocate funds to the early learning |
1212 | coalitions consistent with the fiscal year 2003-2004 funding |
1213 | allocations to the school readiness coalitions. |
1214 | (d) All state, federal, and required local maintenance-of- |
1215 | effort or matching funds provided to an early learning coalition |
1216 | for purposes of this section shall be used by the coalition for |
1217 | implementation of its school readiness plan, including the |
1218 | hiring of staff to effectively operate the coalition's school |
1219 | readiness program. As part of plan approval and periodic plan |
1220 | review, the Agency for Workforce Innovation shall require that |
1221 | administrative costs be kept to the minimum necessary for |
1222 | efficient and effective administration of the school readiness |
1223 | plan, but total administrative expenditures must not exceed 5 |
1224 | percent unless specifically waived by the Agency for Workforce |
1225 | Innovation. The Agency for Workforce Innovation shall annually |
1226 | report to the Legislature any problems relating to |
1227 | administrative costs. |
1228 | (e) The Agency for Workforce Innovation shall annually |
1229 | distribute, to a maximum extent practicable, all eligible funds |
1230 | provided under this section as block grants to the early |
1231 | learning coalitions. |
1232 | (f) State funds appropriated for the school readiness |
1233 | program may not be used for the construction of new facilities |
1234 | or the purchase of buses. The Agency for Workforce Innovation |
1235 | shall present to the Legislature recommendations for providing |
1236 | necessary transportation services for school readiness programs. |
1237 | (g) All cost savings and all revenues received through a |
1238 | mandatory sliding fee scale shall be used to help fund each |
1239 | early learning coalition's school readiness program. |
1240 | Section 41. The amendment of s. 411.01, Florida Statutes, |
1241 | by this act shall expire July 1, 2007, and the text of that |
1242 | section shall revert to that in existence on June 30, 2006, |
1243 | except that any amendments to such text enacted other than by |
1244 | this act shall be preserved and continue to operate to the |
1245 | extent that such amendments are not dependent upon the portions |
1246 | of such text which expire pursuant to this section. |
1247 | Section 42. In order to implement Specific Appropriation |
1248 | 3225E of the 2006-2007 General Appropriations Act, paragraph (g) |
1249 | of subsection (11) of section 259.032, Florida Statutes, is |
1250 | amended to read: |
1251 | 259.032 Conservation and Recreation Lands Trust Fund; |
1252 | purpose.-- |
1253 | (11) |
1254 | (g) In addition to the purposes specified in paragraph |
1255 | (b), funds from the 1.5 percent of the cumulative total of funds |
1256 | ever deposited into the Florida Preservation 2000 Trust Fund and |
1257 | the Florida Forever Trust Fund may be appropriated for the 2006- |
1258 | 2007 2005-2006 fiscal year for the construction of replacement |
1259 | museum facilities. This paragraph expires July 1, 2007 2006. |
1260 | Section 43. In order to implement Specific Appropriation |
1261 | 1566 of the 2006-2007 General Appropriations Act, subsection (4) |
1262 | is added to section 252.373, Florida Statutes, to read: |
1263 | 252.373 Allocation of funds; rules.-- |
1264 | (4) In addition to the uses specified in this section, |
1265 | funds in the Emergency Management, Preparedness, and Assistance |
1266 | Trust Fund that are otherwise unobligated may be authorized for |
1267 | expenditure for the purpose of providing assistance to local |
1268 | governments for implementing local comprehensive plans, |
1269 | innovative planning to help make communities more livable, and |
1270 | addressing growth management issues. This subsection expires |
1271 | July 1, 2007. |
1272 | Section 44. In order to implement Specific Appropriation |
1273 | 1658A of the 2006-2007 General Appropriations Act, subsection |
1274 | (15) is added to section 420.0004, Florida Statutes, to read: |
1275 | 420.0004 Definitions.--As used in this part, unless the |
1276 | context otherwise indicates: |
1277 | (15) "Extremely-low-income persons" means one or more |
1278 | natural persons or a family whose total annual household income |
1279 | does not exceed 30 percent of the median annual adjusted gross |
1280 | income for households within the state. The Florida Housing |
1281 | Finance Corporation may adjust this amount annually by rule to |
1282 | provide that in lower-income counties, extremely low income may |
1283 | exceed 30 percent of the median income for the area, and that in |
1284 | higher-income counties, extremely low income may be less than 30 |
1285 | percent of the area median income. This subsection expires July |
1286 | 1, 2007. |
1287 | Section 45. In order to implement Specific Appropriation |
1288 | 1658A of the 2006-2007 General Appropriations Act, paragraphs |
1289 | (h) and (i) are added to subsection (22) of section 420.507, |
1290 | Florida Statutes, to read: |
1291 | 420.507 Powers of the corporation.--The corporation shall |
1292 | have all the powers necessary or convenient to carry out and |
1293 | effectuate the purposes and provisions of this part, including |
1294 | the following powers which are in addition to all other powers |
1295 | granted by other provisions of this part: |
1296 | (22) To develop and administer the State Apartment |
1297 | Incentive Loan Program. In developing and administering that |
1298 | program, the corporation may: |
1299 | (h) Make loans exceeding 25 percent of project costs if |
1300 | the project serves extremely-low-income persons. This paragraph |
1301 | expires July 1, 2007. |
1302 | (i) Waive payments or forgive indebtedness for a pro rata |
1303 | share of the loan based on the number of units in a project |
1304 | reserved for extremely-low-income persons. This paragraph |
1305 | expires July 1, 2007. |
1306 | Section 46. In order to implement Specific Appropriation |
1307 | 1658A of the 2006-2007 General Appropriations Act, subsection |
1308 | (5) and paragraphs (c) and (k) of subsection (6) of section |
1309 | 420.5087, Florida Statutes, are amended to read: |
1310 | 420.5087 State Apartment Incentive Loan Program.--There is |
1311 | hereby created the State Apartment Incentive Loan Program for |
1312 | the purpose of providing first, second, or other subordinated |
1313 | mortgage loans or loan guarantees to sponsors, including for- |
1314 | profit, nonprofit, and public entities, to provide housing |
1315 | affordable to very-low-income persons. |
1316 | (5)(a) The amount of the mortgage provided under this |
1317 | program combined with any other mortgage in a superior position |
1318 | shall be less than the value of the project without the housing |
1319 | set-aside required by subsection (2). However, the corporation |
1320 | may waive this requirement for projects in rural areas or urban |
1321 | infill areas which have market rate rents that are less than the |
1322 | allowable rents pursuant to applicable state and federal |
1323 | guidelines. In no event shall the mortgage provided under this |
1324 | program combined with any other mortgage in a superior position |
1325 | exceed total project cost. |
1326 | (b) Notwithstanding paragraph (a), the amount of the |
1327 | mortgage provided under this program combined with any other |
1328 | mortgage in a superior position shall be less than the value of |
1329 | the project without the housing set-aside required by subsection |
1330 | (2). However, the corporation may waive this requirement for |
1331 | projects in rural areas or urban infill areas that have market |
1332 | rate rents that are less than the allowable rents pursuant to |
1333 | applicable state and federal guidelines and for projects that |
1334 | reserve units for extremely-low-income persons. A mortgage |
1335 | provided under this program may not be combined with any other |
1336 | mortgage in a superior position to exceed total project cost. |
1337 | This paragraph expires July 1, 2007. |
1338 | (6) On all state apartment incentive loans, except loans |
1339 | made to housing communities for the elderly to provide for |
1340 | lifesafety, building preservation, health, sanitation, or |
1341 | security-related repairs or improvements, the following |
1342 | provisions shall apply: |
1343 | (c) The corporation shall provide by rule for the |
1344 | establishment of a review committee composed of the department |
1345 | and corporation staff and shall establish by rule a scoring |
1346 | system for evaluation and competitive ranking of applications |
1347 | submitted in this program, including, but not limited to, the |
1348 | following criteria: |
1349 | 1. Tenant income and demographic targeting objectives of |
1350 | the corporation. |
1351 | 2. Targeting objectives of the corporation which will |
1352 | ensure an equitable distribution of loans between rural and |
1353 | urban areas. |
1354 | 3. Sponsor's agreement to reserve the units for persons or |
1355 | families who have incomes below 50 percent of the state or local |
1356 | median income, whichever is higher, for a time period to exceed |
1357 | the minimum required by federal law or the provisions of this |
1358 | part. |
1359 | 4. Sponsor's agreement to reserve more than: |
1360 | a. Twenty percent of the units in the project for persons |
1361 | or families who have incomes that do not exceed 50 percent of |
1362 | the state or local median income, whichever is higher; or |
1363 | b. Forty percent of the units in the project for persons |
1364 | or families who have incomes that do not exceed 60 percent of |
1365 | the state or local median income, whichever is higher, without |
1366 | requiring a greater amount of the loans as provided in this |
1367 | section. |
1368 | 5. Provision for tenant counseling. |
1369 | 6. Sponsor's agreement to accept rental assistance |
1370 | certificates or vouchers as payment for rent; however, when |
1371 | certificates or vouchers are accepted as payment for rent on |
1372 | units set aside pursuant to subsection (2), the benefit must be |
1373 | divided between the corporation and the sponsor, as provided by |
1374 | corporation rule. |
1375 | 7. Projects requiring the least amount of a state |
1376 | apartment incentive loan compared to overall project cost. |
1377 | 8. Local government contributions and local government |
1378 | comprehensive planning and activities that promote affordable |
1379 | housing. |
1380 | 9. Project feasibility. |
1381 | 10. Economic viability of the project. |
1382 | 11. Commitment of first mortgage financing. |
1383 | 12. Sponsor's prior experience. |
1384 | 13. Sponsor's ability to proceed with construction. |
1385 | 14. Projects that directly implement or assist welfare-to- |
1386 | work transitioning. |
1387 | 15. Notwithstanding subparagraph 7., projects requiring |
1388 | the least amount of a state apartment incentive loan compared to |
1389 | overall project cost except that the pro rata share of the loan |
1390 | attributable to the extremely-low-income units shall be excluded |
1391 | from this requirement. This subparagraph expires July 1, 2007. |
1392 | 16. Projects that reserve units for extremely-low-income |
1393 | families. This subparagraph expires July 1, 2007. |
1394 | (k)1. Rent controls shall not be allowed on any project |
1395 | except as required in conjunction with the issuance of tax- |
1396 | exempt bonds or federal low-income housing tax credits. |
1397 | 2. Notwithstanding subparagraph 1., rent controls shall |
1398 | not be allowed on any project except as required in conjunction |
1399 | with the issuance of tax-exempt bonds or federal low-income |
1400 | housing tax credits, and except when the sponsor has committed |
1401 | to set aside units for extremely-low-income persons, in which |
1402 | case rents shall be restricted at the level applicable to |
1403 | federal low-income tax credits. This subparagraph expires July |
1404 | 1, 2007. |
1405 | Section 47. In order to implement Specific Appropriation |
1406 | 1658A of the 2006-2007 General Appropriations Act, section |
1407 | 420.5095, Florida Statutes, is created to read: |
1408 | 420.5095 Community Workforce Housing Innovation Pilot |
1409 | Program created.-- |
1410 | (1) The Legislature finds and declares that recent rapid |
1411 | increases in the median purchase price of homes and the cost of |
1412 | rental housing have far outstripped the increases in median |
1413 | income in the state, preventing essential services personnel |
1414 | from living in the communities where they serve and thereby |
1415 | creating the need for innovative solutions for the provision of |
1416 | housing opportunities for essential services personnel. |
1417 | (2) The Community Workforce Housing Innovation Pilot |
1418 | Program is created to provide affordable rental and home |
1419 | ownership community workforce housing for essential services |
1420 | personnel affected by the high cost of housing, using regulatory |
1421 | incentives and state and local funds to promote local public- |
1422 | private partnerships and leverage government and private |
1423 | resources. |
1424 | (3) For purposes of this section, the following |
1425 | definitions apply: |
1426 | (a) "Workforce housing" means housing affordable to |
1427 | natural persons or families whose total annual household income |
1428 | does not exceed 140 percent of the area median income, adjusted |
1429 | for household size, or 150 percent of area median income, |
1430 | adjusted for household size, in areas of critical state concern |
1431 | designated under s. 380.05, for which the Legislature has |
1432 | declared its intent to provide affordable housing, and areas |
1433 | that were designated as areas of critical state concern for at |
1434 | least 20 consecutive years prior to removal of the designation. |
1435 | (b) "Essential services personnel" means persons in need |
1436 | of affordable housing who are employed in occupations or |
1437 | professions in which they are considered essential services |
1438 | personnel, as defined by each county and eligible municipality |
1439 | within its respective local housing assistance plan. Each |
1440 | housing assistance plan shall include a definition of essential |
1441 | service personnel for the county or eligible municipality, |
1442 | including, but not limited to, teachers and educators; other |
1443 | school district, community college, and university employees; |
1444 | police and fire personnel; health care personnel; skilled |
1445 | building trades personnel; and other job categories. |
1446 | (c) "Public-private partnership" means any form of |
1447 | business entity that includes substantial involvement of at |
1448 | least one county, one municipality, or one public sector entity, |
1449 | such as a school district or other unit of local government in |
1450 | which the project is to be located, and at least one private |
1451 | sector for-profit or not-for-profit business or charitable |
1452 | entity, and may be any form of business entity, including a |
1453 | joint venture or contractual agreement. |
1454 | (4) The Florida Housing Finance Corporation is authorized |
1455 | to provide Community Workforce Housing Innovation Pilot Program |
1456 | loans to applicants for construction or rehabilitation of |
1457 | workforce housing in eligible areas. The corporation shall |
1458 | establish a funding process and selection criteria by rule or |
1459 | request for proposals. This funding is intended to be used with |
1460 | other public and private sector resources. |
1461 | (5) The corporation shall provide incentives for local |
1462 | governments in eligible areas to use local affordable housing |
1463 | funds, such as those from the State Housing Initiatives |
1464 | Partnership Program, to assist in meeting the affordable housing |
1465 | needs of persons eligible under this program. |
1466 | (6) Funding shall be targeted to projects in areas where |
1467 | the disparity between the area median income and the median |
1468 | sales price for a single-family home is greatest, and for |
1469 | projects in areas where population growth as a percentage rate |
1470 | of increase is greatest. The corporation may also fund projects |
1471 | in areas where innovative regulatory and financial incentives |
1472 | are made available. The corporation shall fund at least one |
1473 | eligible project in as many counties as possible. |
1474 | (7) Projects shall receive priority consideration for |
1475 | funding where: |
1476 | (a) The local jurisdiction adopts appropriate regulatory |
1477 | incentives, local contributions or financial strategies, or |
1478 | other funding sources to promote the development and ongoing |
1479 | financial viability of such projects. Local incentives include |
1480 | such actions as expediting review of development orders and |
1481 | permits, supporting development near transportation hubs and |
1482 | major employment centers, and adopting land development |
1483 | regulations designed to allow flexibility in densities, use of |
1484 | accessory units, mixed-use developments, and flexible lot |
1485 | configurations. Financial strategies include such actions as |
1486 | promoting employer-assisted housing programs, providing tax |
1487 | increment financing, and providing land. |
1488 | (b) Projects are innovative and include new construction |
1489 | or rehabilitation, mixed-income housing, or commercial and |
1490 | housing mixed-use elements and those that promote homeownership. |
1491 | The program funding shall not exceed the costs attributable to |
1492 | the portion of the project that is set aside to provide housing |
1493 | for the targeted population. |
1494 | (c) Projects that set aside at least 80 percent of units |
1495 | for workforce housing and at least 50 percent for essential |
1496 | services personnel and for projects that require the least |
1497 | amount of program funding compared to the overall housing costs |
1498 | for the project. |
1499 | (8) Notwithstanding s. 163.3184(3)-(6), any local |
1500 | government comprehensive plan amendment to implement a Community |
1501 | Workforce Housing Innovation Pilot Program project found |
1502 | consistent with the provisions of this section shall be |
1503 | expedited as provided in this subsection. At least 30 days prior |
1504 | to adopting a plan amendment pursuant to this subsection, the |
1505 | local government shall notify the state land planning agency of |
1506 | its intent to adopt such an amendment, and the notice shall |
1507 | include its evaluation related to site suitability and |
1508 | availability of facilities and services. The public notice of |
1509 | the hearing required by s. 163.3184(15)(e) shall include a |
1510 | statement that the local government intends to utilize the |
1511 | expedited adoption process authorized by this subsection. Such |
1512 | amendments shall require only a single public hearing before the |
1513 | governing board, which shall be an adoption hearing as described |
1514 | in s. 163.3184(7), and the state land planning agency shall |
1515 | issue its notice of intent pursuant to s. 163.3184(8) within 30 |
1516 | days after determining that the amendment package is complete. |
1517 | (9) The corporation shall award loans with interest rates |
1518 | set at 1 to 3 percent, which may be made forgivable when long- |
1519 | term affordability is provided and when at least 80 percent of |
1520 | the units are set aside for workforce housing and at least 50 |
1521 | percent of the units are set aside for essential services |
1522 | personnel. |
1523 | (10) All eligible applications shall: |
1524 | (a) For home ownership, limit the sales price of a |
1525 | detached unit, townhome, or condominium unit to not more than 80 |
1526 | percent of the median sales price for that type of unit in that |
1527 | county, or the statewide median sales price for that type of |
1528 | unit, whichever is higher, and require that all eligible |
1529 | purchasers of home ownership units occupy the homes as their |
1530 | primary residence. |
1531 | (b) For rental units, restrict rents for all workforce |
1532 | housing serving those with incomes at or below 120 percent of |
1533 | area median income at the appropriate income level using the |
1534 | restricted rents for the federal low-income housing tax credit |
1535 | program and, for workforce housing units serving those with |
1536 | incomes above 120 percent of area median income, restrict rents |
1537 | to those established by the corporation, not to exceed 30 |
1538 | percent of the maximum household income adjusted to unit size. |
1539 | (c) Demonstrate that the applicant is a public-private |
1540 | partnership. |
1541 | (d) Have grants, donations of land, or contributions from |
1542 | the public-private partnership or other sources collectively |
1543 | totaling at least 15 percent of the total development cost. Such |
1544 | grants, donations of land, or contributions must be evidenced by |
1545 | a letter of commitment only at the time of application. Grants, |
1546 | donations of land, or contributions in excess of 15 percent of |
1547 | the development cost shall increase the application score. |
1548 | (e) Demonstrate how the applicant will use the regulatory |
1549 | incentives and financial strategies outlined in paragraph (7)(a) |
1550 | from the local jurisdiction in which the proposed project is to |
1551 | be located. The corporation may consult with the Department of |
1552 | Community Affairs in evaluating the use of regulatory incentives |
1553 | by applicants. |
1554 | (f) Demonstrate that the applicant possesses title to or |
1555 | site control of land and evidences availability of required |
1556 | infrastructure. |
1557 | (g) Demonstrate the applicant's affordable housing |
1558 | development and management experience. |
1559 | (h) Provide any research or facts available supporting the |
1560 | demand and need for rental or home ownership workforce housing |
1561 | for eligible persons in the market in which the project is |
1562 | proposed. |
1563 | (11) Projects may include manufactured housing constructed |
1564 | after June 1994 and installed in accordance with mobile home |
1565 | installation standards of the Department of Highway Safety and |
1566 | Motor Vehicles. |
1567 | (12) The corporation may adopt rules pursuant to ss. |
1568 | 120.536(1) and 120.54 to implement the provisions of this |
1569 | section. |
1570 | (13) The corporation may use a maximum of 2 percent of the |
1571 | annual appropriation for administration and compliance |
1572 | monitoring. |
1573 | (14) The corporation shall review the success of the |
1574 | Community Workforce Housing Innovation Pilot Program to |
1575 | ascertain whether the projects financed by the program are |
1576 | useful in meeting the housing needs of eligible areas. The |
1577 | corporation shall submit its report and any recommendations |
1578 | regarding the program to the Governor, the Speaker of the House |
1579 | of Representatives, and the President of the Senate not later |
1580 | than 2 months after the end of the corporation's fiscal year. |
1581 | (15) This section expires July 1, 2007. |
1582 | Section 48. In order to implement Specific Appropriations |
1583 | 1631 and 1658A of the 2006-2007 General Appropriations Act, |
1584 | section 420.55, Florida Statutes, is created to read: |
1585 | 420.55 Housing; response to disasters.-- |
1586 | (1) The Florida Housing Finance Corporation is authorized |
1587 | to provide funds to eligible entities for affordable housing |
1588 | recovery in those areas of the state that sustained housing |
1589 | damage due to hurricanes during 2004 and 2005. The Florida |
1590 | Housing Finance Corporation shall use data provided by the |
1591 | Federal Emergency Management Agency to assist in its allocation |
1592 | of funds to local jurisdictions. To administer these programs, |
1593 | the Florida Housing Finance Corporation shall be guided by the |
1594 | "Hurricane Housing Work Group Recommendations to Assist in |
1595 | Florida's Long-Term Housing Recovery Efforts" report dated |
1596 | February 16, 2005. |
1597 | (2) The Florida Housing Finance Corporation may adopt |
1598 | emergency rules pursuant to s. 120.54 to administer these |
1599 | programs. The Legislature finds that emergency rules adopted |
1600 | under this section meet the health, safety, and welfare |
1601 | requirements of s. 120.54(4) and that such emergency rulemaking |
1602 | power is necessary for the preservation of the rights and |
1603 | welfare of the people to provide additional funds to assist in |
1604 | those counties that were declared eligible for disaster funding |
1605 | pursuant to the hurricanes of 2004 and 2005 and that sustained |
1606 | housing damage due to the storms. Therefore, in adopting the |
1607 | emergency rules, the corporation need not make the findings |
1608 | required by s. 120.54(4)(a). Emergency rules adopted under this |
1609 | section are exempt from s. 120.54(4)(c). |
1610 | (3) This section expires July 1, 2007. |
1611 | Section 49. In order to implement specific appropriations |
1612 | for salaries and benefits in the 2006-2007 General |
1613 | Appropriations Act, notwithstanding the provisions of s. |
1614 | 110.1245(4), Florida Statutes, and for the 2006-2007 fiscal year |
1615 | only, agencies may additionally use funds for cash awards to |
1616 | state employees who demonstrate satisfactory service in the |
1617 | agency or to the state, in appreciation and recognition of such |
1618 | service. Awards may not exceed $100 to any employee and shall be |
1619 | allocated from an agency's existing budget. An employee may not |
1620 | receive awards pursuant to this section in excess of $100 total |
1621 | during the fiscal year. By March 1, 2007, agencies that elect to |
1622 | make cash awards shall report to the Governor and Cabinet, the |
1623 | President of the Senate, and the Speaker of the House of |
1624 | Representatives the dollar value and number of such awards |
1625 | given. If available, any additional information concerning |
1626 | employee satisfaction and feedback should be provided. This |
1627 | section expires July 1, 2007. |
1628 | Section 50. In order to implement Specific Appropriations |
1629 | 197, 213, 243, 474, and 2233A of the 2006-2007 General |
1630 | Appropriations Act, the following textual errors in that act are |
1631 | corrected: |
1632 | (1) The reference in the second paragraph of the proviso |
1633 | following Specific Appropriation 197 to "Specific Appropriation |
1634 | 196" is changed to "Specific Appropriation 197." |
1635 | (2) The reference in the last paragraph of the proviso |
1636 | following Specific Appropriation 213 to "Specific Appropriation |
1637 | 190" is changed to "Specific Appropriation 213." |
1638 | (3)(a) The reductions referred to in the fourth paragraph |
1639 | of the proviso following Specific Appropriation 243 are changed |
1640 | from $1,741,389 from the General Revenue Fund and $2,509,581 |
1641 | from the Medical Care Trust Fund to $1,780,038 from the General |
1642 | Revenue Fund and $2,564,649 from the Medical Care Trust Fund. |
1643 | (b) The reductions referred to in the fifth paragraph of |
1644 | the proviso following Specific Appropriation 243 are changed |
1645 | from $1,160,926 from the General Revenue Fund and $1,673,054 |
1646 | from the Medical Care Trust Fund to $1,163,610 from the General |
1647 | Revenue Fund and $1,676,879 from the Medical Care Trust Fund. |
1648 | (4) The phrase "$3,300,000 from nonrecurring general |
1649 | revenue funds" in the proviso immediately following Specific |
1650 | Appropriation 474 is changed to "$300,000 from recurring general |
1651 | revenue funds and $3,000,000 from nonrecurring general revenue |
1652 | funds." |
1653 | (5) The second reference to "Orlando" in the last |
1654 | paragraph of the proviso following Specific Appropriation 2233A, |
1655 | immediately preceding the sum of "21,618,950," is changed to |
1656 | "Tampa." |
1657 | (6) The reference in section 15 to "chapter 2004-269" is |
1658 | changed to "chapter 2004-268." |
1659 | (7) The phrase "Doral Municipal Park Improvement?City of |
1660 | Doral" in the proviso immediately following Specific |
1661 | Appropriation 1821 is changed to "Doral-Stormwater Drainage |
1662 | Improvements." |
1663 | Section 51. In order to implement the issuance of new debt |
1664 | authorized in the 2006-2007 General Appropriations Act, and |
1665 | pursuant to the requirements of s. 215.98, Florida Statutes, the |
1666 | Legislature determines that the authorization and issuance of |
1667 | debt for the 2006-2007 fiscal year is in the best interest of |
1668 | the state and should be implemented. |
1669 | Section 52. A section of this act that implements more |
1670 | than one specific appropriation or more than one portion of |
1671 | specifically identified proviso language in the 2006-2007 |
1672 | General Appropriations Act is void if all the specific |
1673 | appropriations or portions of specifically identified proviso |
1674 | language are vetoed. |
1675 | Section 53. If any other act passed in 2006 contains a |
1676 | provision that is substantively the same as a provision in this |
1677 | act, but that removes or is otherwise not subject to the future |
1678 | repeal applied to such provision by this act, the Legislature |
1679 | intends that the provision in the other act shall take |
1680 | precedence and shall continue to operate, notwithstanding the |
1681 | future repeal provided by this act. |
1682 | Section 54. The agency performance measures and standards |
1683 | in the document entitled "Performance Measures and Standards |
1684 | Approved by the Legislature for Fiscal Year 2006-2007" dated May |
1685 | 2, 2006, and filed with the Clerk of the House of |
1686 | Representatives are incorporated by reference. Such performance |
1687 | measures and standards are directly linked to the appropriations |
1688 | made in the General Appropriations Act for fiscal year 2006- |
1689 | 2007, as required by the Government Performance and |
1690 | Accountability Act of 1994. State agencies are directed to |
1691 | revise their long-range program plans required under s. 216.013, |
1692 | Florida Statutes, to be consistent with these performance |
1693 | measures and standards. |
1694 | Section 55. If any provision of this act or its |
1695 | application to any person or circumstance is held invalid, the |
1696 | invalidity does not affect other provisions or applications of |
1697 | the act which can be given effect without the invalid provision |
1698 | or application, and to this end the provisions of this act are |
1699 | declared severable. |
1700 | Section 56. Except as otherwise expressly provided in this |
1701 | act, this act shall take effect July 1, 2006; or, if this act |
1702 | fails to become a law until after that date, it shall take |
1703 | effect upon becoming a law and shall operate retroactively to |
1704 | July 1, 2006. |