HB 5003

1
A bill to be entitled
2An act implementing the 2006-2007 General Appropriations
3Act; providing legislative intent; providing for use of
4specified calculations with respect to the Florida
5Education Finance Program; creating the Special Teachers
6Are Rewarded performance pay plan; suspending conflicting
7rules adopted by the State Board of Education; amending s.
8287.057, F.S.; authorizing the Department of Children and
9Family Services to contract with a private provider for a
10sexually violent predator facility; amending s. 381.0402,
11F.S.; prohibiting the Department of Health from using the
12annual appropriation to administer and evaluate the area
13health education center network; authorizing the
14Department of Corrections and the Department of Juvenile
15Justice to make certain expenditures to defray costs
16incurred by a municipality or county as a result of
17opening or operating a facility under authority of the
18respective department; amending s. 216.262, F.S.;
19providing for additional positions to operate additional
20prison bed capacity under certain circumstances; providing
21for expenditure of funds from unallocated general revenue
22to offset deficiencies in due process services;
23authorizing the Department of Legal Affairs to expend
24appropriated funds on programs funded in the preceding
25fiscal year; increasing the maximum annual budget for the
26Clerk of the Circuit Court, Hillsborough County; amending
27s. 932.7055, F.S.; providing for the expenditure of funds
28in a special law enforcement trust fund established by the
29governing body of a municipality; authorizing the
30Executive Office of the Governor to transfer funds between
31departments for purposes of aligning amounts paid for risk
32management premiums and for purposes of aligning amounts
33paid for human resource management services; amending s.
34112.061, F.S.; providing for computation of travel time
35and reimbursement for public officers' and employees'
36travel; reenacting s. 287.17(3)(a) and (6), F.S.;
37authorizing the use of state aircraft for commuting;
38amending s. 627.311, F.S.; providing for the appointment
39of a board of governors to supervise the operation of a
40joint underwriting plan; providing requirements relating
41to the plan, the board, and the Florida Joint Underwriting
42Association; amending s. 282.318, F.S.; providing
43requirements for the Department of Management Services
44relating to the security of data and information
45technology resources; requiring the department to
46establish the Office of Information Security; providing
47responsibilities for the office; amending s. 255.249,
48F.S.; requiring that the Department of Management Services
49annually report to the Executive Office of the Governor
50and the Legislature certain information concerning leases
51that are due to expire and any amendments and supplements
52to and waivers of the terms and conditions of lease
53agreements; requiring that specified clauses be included
54in the terms and conditions of a lease which may not be
55amended, supplemented, or waived; amending s. 255.25,
56F.S.; requiring that the department approve the terms of
57any lease by a state agency; requiring an analysis if the
58department approves an amendment or supplement to or
59waiver of a term or condition of a lease agreement;
60providing for approved leases to include an option to
61purchase or renew the lease; providing legislative intent
62with respect to the use of state-owned buildings;
63requiring that the department create a plan for fully
64using such buildings before leasing private buildings;
65requiring an annual report to the Legislature and the
66Governor; amending s. 255.503, F.S.; requiring that the
67department provide an analysis to the Legislature, the
68Governor, and the Division of Bond Finance of the State
69Board of Administration relating to the disposition of a
70facility within the Florida Facilities Pool; providing
71requirements for the analysis; amending s. 370.13, F.S.;
72providing for the waiver of certain stone crab trap tag
73fees; amending s. 370.142, F.S.; providing for the waiver
74of certain spiny lobster trap tag fees; directing the
75Department of Environmental Protection to make specified
76awards of grant moneys for pollution control purposes;
77directing the Department of Environmental Protection to
78conduct a pilot program for expedited site evaluation and
79cleanup of port and airport facilities for redevelopment
80and expansion; providing guidelines for such program;
81creating the Caloosahatchee-St. Lucie Rivers Corridor
82Advisory Council; providing a definition; providing for
83appointment of members, per diem and travel expenses,
84staff, and duties of the advisory council; exempting staff
85from pt. II of ch. 110, F.S., relating to the Career
86Service System; requiring recommendations to the
87Legislature; requiring a report to the Legislature and
88Governor by a specific date; providing for expiration of
89the advisory council; creating the Retail Fuel Outlet
90Emergency Power Assistance Grant Program within the
91Department of Community Affairs; providing matching grants
92for owners of retail fuel outlets under specified
93circumstances; amending s. 502.015, F.S.; authorizing
94moneys in the General Inspection Trust Fund to be
95appropriated for certain programs operated by the
96Department of Agriculture and Consumer Services; amending
97s. 11.151, F.S.; increasing the contingency fund for the
98legislative presiding officers; amending s. 375.041, F.S.;
99authorizing expenditure or transfer of moneys from the
100Land Acquisition Trust Fund to the Florida Forever Trust
101Fund and the Save Our Everglades Trust Fund to support
102specified programs; amending s. 259.032, F.S.; authorizing
103transfer of moneys from the Conservation and Recreation
104Lands Trust Fund to the Florida Forever Trust Fund or the
105Land Acquisition Trust Fund; amending s. 373.59, F.S.;
106authorizing transfer of moneys from the Water Management
107Lands Trust Fund to the Florida Forever Trust Fund or the
108Land Acquisition Trust Fund; amending s. 373.459, F.S.;
109providing for the use of funds by the Department of
110Environmental Protection for surface water improvement and
111management; amending s. 403.885, F.S.; adding match
112requirements for surfacewater management projects to match
113existing match requirements for stormwater management
114projects; amending s. 320.08058, F.S.; authorizing
115proceeds from the Professional Sports Development Trust
116Fund to be used for operational expenses of the Florida
117Sports Foundation and financial support of the Sunshine
118State Games; amending s. 253.034, F.S.; authorizing
119deposit of funds from the sale of property by the
120Department of Highway Safety and Motor Vehicles located in
121Palm Beach County; amending s. 402.3017, F.S.; authorizing
122the Agency for Workforce Innovation to administer the
123Teacher Education and Compensation Helps (TEACH)
124scholarship program; amending s. 216.292, F.S.;
125authorizing the Governor to recommend fixed capital outlay
126projects funded by Federal Emergency Management Agency
127grants; providing for review by the Legislative Budget
128Commission; amending s. 311.22, F.S.; prescribing the
129matching fund basis for dredging projects that meet
130specified conditions; amending s. 411.01, F.S.; requiring
131the Agency for Workforce Innovation to recommend a formula
132to allocate funds; providing for changes in the allocation
133of funds to be specified in the General Appropriations
134Act; eliminating approval of the allocation formula by the
135Legislative Budget Commission; eliminating an obsolete
136provision; amending s. 259.032, F.S.; providing for the
137appropriation of funds for the construction of replacement
138museum facilities; amending s. 252.373, F.S.; authorizing
139expenditure of certain funds in the Emergency Management,
140Preparedness, and Assistance Trust Fund; amending s.
141420.0004, F.S.; providing a definition; amending s.
142420.507, F.S.; revising powers of the Florida Housing
143Finance Corporation; amending s. 420.5087, F.S.; revising
144requirements relating to the State Apartment Incentive
145Loan Program; creating s. 420.5095, F.S.; creating the
146Community Workforce Housing Innovation Pilot Program;
147providing legislative findings; providing definitions;
148providing the Florida Housing Finance Corporation with
149certain powers and responsibilities relating to the
150program; requiring the program to target certain entities;
151providing application requirements; authorizing an
152applicant to use a nonprofit or public entity to manage
153its housing program; providing incentives for program
154applicants; providing rulemaking authority; requiring a
155report to the Governor and Legislature; creating s.
156420.55, F.S.; authorizing the Florida Housing Finance
157Corporation to provide funds for affordable housing
158recovery under specified circumstances; authorizing the
159corporation to adopt emergency rules to administer
160specified disaster response programs; authorizing state
161agencies to make cash awards to state employees
162demonstrating satisfactory service to the agency or the
163state; providing limits on such awards; requiring a report
164with respect thereto; providing textual corrections in the
165General Appropriations Act; providing finding of best
166interest of the state for authorization and issuance of
167certain debt; providing effect of veto of specific
168appropriation or proviso to which implementing language
169refers; providing for future repeal or expiration of
170various provisions; providing for reversion of certain
171provisions; incorporating by reference specified
172performance measures and standards directly linked to the
173appropriations made in the 2006-2007 General
174Appropriations Act, as required by the Government
175Performance and Accountability Act of 1994; providing
176severability; providing effective dates.
177
178Be It Enacted by the Legislature of the State of Florida:
179
180     Section 1.  It is the intent of the Legislature that the
181implementing and administering provisions of this act apply to
182the General Appropriations Act for fiscal year 2006-2007.
183     Section 2.  In order to implement Specific Appropriations
1847, 8, and 91-97 of the 2006-2007 General Appropriations Act, the
185calculations of the Florida Education Finance Program for the
1862006-2007 fiscal year in the document entitled "Public School
187Funding--The Florida Education Finance Program" dated May 2,
1882006, and filed with the Clerk of the House of Representatives
189are incorporated by reference for the purpose of displaying the
190calculations used by the Legislature, consistent with the
191requirements of the Florida Statutes, in making appropriations
192for the Florida Education Finance Program.
193     Section 3.  In order to implement section 91 of the 2006-
1942007 General Appropriations Act, the Special Teachers Are
195Rewarded performance pay plan (STAR Plan) is hereby created for
196the 2006-2007 fiscal year. Funds for the plan shall be expended
197and distributed pursuant to proviso in the General
198Appropriations Act. Rules adopted by the State Board of
199Education pursuant to s. 1012.22, Florida Statutes, which are in
200conflict with the STAR Plan guidelines are hereby suspended.
201This section expires July 1, 2007.
202     Section 4.  In order to implement Specific Appropriation
203375-380 of the 2006-2007 General Appropriations Act, paragraph
204(c) is added to subsection (14) of section 287.057, Florida
205Statutes, to read:
206     287.057  Procurement of commodities or contractual
207services.--
208     (14)
209     (c)  Notwithstanding paragraph (a), the Department of
210Children and Family Services may enter into agreements, not to
211exceed 23 years, with a private contractor to finance, design,
212and construct a secure facility, as described in s. 394.917, of
213at least 600 beds and to operate all aspects of daily operations
214within the secure facility. The contractor may sponsor the
215issuance of tax-exempt certificates of participation or other
216securities to finance the project, and the state may enter into
217a lease-purchase agreement for the secure facility. The
218department shall begin the implementation of this privatization
219initiative by July 1, 2006. This paragraph expires July 1, 2007.
220     Section 5.  In order to implement Specific Appropriation
221652 of the 2006-2007 General Appropriations Act, subsection (5)
222is added to section 381.0402, Florida Statutes, to read:
223     381.0402  Area health education center network.--The
224department, in cooperation with the state-approved medical
225schools in this state, shall organize an area health education
226center network based on earlier medically indigent demonstration
227projects and shall evaluate the impact of each network on
228improving access to services by persons who are medically
229underserved. The network shall be a catalyst for the primary
230care training of health professionals through increased
231opportunities for training in medically underserved areas.
232     (5)  Notwithstanding subsection (4), the department may not
233use any portion of the annual appropriation to administer and
234evaluate the network. This subsection expires July 1, 2007.
235     Section 6.  In order to fulfill legislative intent
236regarding the use of funds contained in Specific Appropriations
237720, 731, 741, and 1171 of the 2006-2007 General Appropriations
238Act, the Department of Corrections and the Department of
239Juvenile Justice may expend appropriated funds to assist in
240defraying the costs of impacts that are incurred by a
241municipality or county and associated with opening or operating
242a facility under the authority of the respective department
243which is located within that municipality or county. The amount
244that is to be paid under this section for any facility may not
245exceed 1 percent of the facility construction cost, less
246building impact fees imposed by the municipality or by the
247county if the facility is located in the unincorporated portion
248of the county. This section expires July 1, 2007.
249     Section 7.  In order to implement Specific Appropriations
250710-805 and 833-864 of the 2006-2007 General Appropriations Act,
251subsection (4) of section 216.262, Florida Statutes, is amended
252to read:
253     216.262  Authorized positions.--
254     (4)  Notwithstanding the provisions of this chapter on
255increasing the number of authorized positions, and for the 2006-
2562007 2005-2006 fiscal year only, if the actual inmate population
257of the Department of Corrections exceeds the inmate population
258projections of the March 21, 2006 February 14, 2005, Criminal
259Justice Estimating Conference by 1 percent for 2 consecutive
260months or 2 percent for any month, the Executive Office of the
261Governor, with the approval of the Legislative Budget
262Commission, shall immediately notify the Criminal Justice
263Estimating Conference, which shall convene as soon as possible
264to revise the estimates. The Department of Corrections may then
265submit a budget amendment requesting the establishment of
266positions in excess of the number authorized by the Legislature
267and additional appropriations from unallocated general revenue
268the General Revenue Fund or the Working Capital Fund sufficient
269to provide for essential staff, fixed capital improvements, and
270other resources to provide classification, security, food
271services, health services, and other variable expenses within
272the institutions to accommodate the estimated increase in the
273inmate population. All actions taken pursuant to the authority
274granted in this subsection shall be subject to review and
275approval by the Legislative Budget Commission. This subsection
276expires July 1, 2007 2006.
277     Section 8.  In order to implement Specific Appropriations
278875, 876, 878, 879, 3248, and 3275 of the 2006-2007 General
279Appropriations Act, if a deficit is projected by the Justice
280Administrative Commission or the state courts in any specific
281appropriation provided for due process services, the Governor or
282the Chief Justice of the Supreme Court, respectively, may submit
283a budget amendment for consideration by the Legislative Budget
284Commission to authorize the expenditure of funds from
285unallocated general revenue to offset such deficiency. Any
286budget amendment submitted by the Governor to the Legislative
287Budget Commission shall contain certification by the Justice
288Administrative Commission that all actions required by s.
28929.015, Florida Statutes, have been completed and that no funds
290exist in any contingency fund appropriation available to the
291entity projected to experience the deficiency. Any budget
292amendment submitted by the Supreme Court shall contain
293certification that the court has completed all actions required
294by s. 29.016, Florida Statutes, and that no funds exist in any
295contingency fund available to the state courts system. This
296section expires July 1, 2007.
297     Section 9.  In order to implement Specific Appropriations
2981321 and 1325 of the 2006-2007 General Appropriations Act, the
299Department of Legal Affairs is authorized to expend appropriated
300funds in Specific Appropriations 1321 and 1325 on the same
301programs that were funded by the department pursuant to specific
302appropriations made in general appropriations acts in prior
303years.
304     Section 10.  In order to implement Specific Appropriation
3053116 of the 2006-2007 General Appropriations Act, and to correct
306the inequality caused by the use of estimates of prior year
307expenditures to establish maximum annual budgets for the 2004-
3082005 county fiscal year that resulted in the maximum annual
309budget for one clerk of court that was substantially less than
310the amount that would have been set if actual prior-year
311expenditures had been used, the maximum annual budget for the
312Clerk of the Circuit Court, Hillsborough County, is increased by
313$908,378 for the 2005-2006 county fiscal year. This section
314expires July 1, 2007.
315     Section 11.  In order to implement Specific Appropriation
3161239 of the 2006-2007 General Appropriations Act, paragraph (d)
317of subsection (4) of section 932.7055, Florida Statutes, is
318amended to read:
319     932.7055  Disposition of liens and forfeited property.--
320     (4)  The proceeds from the sale of forfeited property shall
321be disbursed in the following priority:
322     (d)  Notwithstanding any other provision of this
323subsection, and for the 2006-2007 2005-2006 fiscal year only,
324the funds in a special law enforcement trust fund established by
325the governing body of a municipality may be expended to
326reimburse the general fund of the municipality for moneys
327advanced from the general fund to the special law enforcement
328trust fund prior to October 1, 2001. This paragraph expires July
3291, 2007 2006.
330     Section 12.  In order to implement the appropriation of
331funds in Special Categories-Risk Management Insurance of the
3322006-2007 General Appropriations Act, and pursuant to the
333notice, review, and objection procedures of s. 216.177, Florida
334Statutes, the Executive Office of the Governor is authorized to
335transfer funds appropriated in the appropriation category
336"Special Categories-Risk Management Insurance" of the 2006-2007
337General Appropriations Act between departments in order to align
338the budget authority granted with the premiums paid by each
339department for risk management insurance. This section expires
340July 1, 2007.
341     Section 13.  In order to implement the appropriation of
342funds in Special Categories-Transfer to Department of Management
343Services-Human Resources Services Purchased Per Statewide
344Contract of the 2006-2007 General Appropriations Act, and
345pursuant to the notice, review, and objection procedures of s.
346216.177, Florida Statutes, the Executive Office of the Governor
347is authorized to transfer funds appropriated in the
348appropriation category "Special Categories-Transfer to
349Department of Management Services-Human Resources Services
350Purchased Per Statewide Contract" of the 2006-2007 General
351Appropriations Act between departments in order to align the
352budget authority granted with the assessments that must be paid
353by each agency to the Department of Management Services for
354human resource management services. This section expires July 1,
3552007.
356     Section 14.  In order to implement sections 2-7 of the
3572006-2007 General Appropriations Act, paragraph (c) of
358subsection (5) and paragraph (d) of subsection (6) of section
359112.061, Florida Statutes, are amended to read:
360     112.061  Per diem and travel expenses of public officers,
361employees, and authorized persons.--
362     (5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
363purposes of reimbursement and methods of calculating fractional
364days of travel, the following principles are prescribed:
365     (c)  For the 2006-2007 2005-2006 fiscal year only and
366notwithstanding the other provisions of this subsection, for
367Class C travel, a state traveler shall not be reimbursed on a
368per diem basis nor shall a traveler receive subsistence
369allowance. This paragraph expires July 1, 2007 2006.
370     (6)  RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
371purposes of reimbursement rates and methods of calculation, per
372diem and subsistence allowances are divided into the following
373groups and rates:
374     (d)  For the 2006-2007 2005-2006 fiscal year only and
375notwithstanding the other provisions of this subsection, for
376Class C travel, a state traveler shall not be reimbursed on a
377per diem basis nor shall a traveler receive subsistence
378allowance. This paragraph expires July 1, 2007 2006.
379     Section 15.  In order to implement Specific Appropriations
3802231 and 2861-2869 of the 2006-2007 General Appropriations Act,
381paragraph (a) of subsection (3) and subsection (6) of section
382287.17, 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
385construed to permit the use of a motor vehicle for commuting
386purposes, unless special assignment of a motor vehicle is
387authorized as a perquisite by the Department of Management
388Services, required by an employee after normal duty hours to
389perform duties of the position to which assigned, or authorized
390for an employee whose home is the official base of operation.
391     (6)  It is the intention of the Legislature that persons
392traveling on state aircraft for purposes consistent with, but
393not necessarily constituting, official state business may travel
394only when accompanying persons who are traveling on official
395state business and that such persons shall pay the state for all
396costs associated with such travel. Notwithstanding paragraph
397(3)(a), a person traveling on state aircraft for purposes other
398than official state business shall pay for any trip not
399exclusively for state business by paying a prorated share of all
400fixed and variable expenses related to the ownership, operation,
401and use of such aircraft.
402     Section 16.  The amendment of s. 287.17, Florida Statutes,
403by this act, as carried forward from chapter 2005-71, Laws of
404Florida, shall expire July 1, 2007, and the text of that section
405shall revert to that in existence on June 30, 2005, except that
406any amendments to such text enacted other than by this act shall
407be preserved and continue to operate to the extent that such
408amendments are not dependent upon the portions of such text
409which expire pursuant to this section.
410     Section 17.  In order to implement proviso following
411Specific Appropriation 2611A of the 2006-2007 General
412Appropriations Act, subsection (8) is added to section 627.311,
413Florida Statutes, to read:
414     627.311  Joint underwriters and joint reinsurers; public
415records and public meetings exemptions.--
416     (8)  For the 2006-2007 fiscal year only and notwithstanding
417any conflicting requirements of this section or of section 2 of
418chapter 2004-266, Laws of Florida:
419     (a)  The operation of a joint underwriting plan approved
420under this section is subject to the supervision of a nine-
421member board of governors. Each member shall be appointed by the
422Financial Services Commission and shall serve at the pleasure of
423the commission.
424     (b)  The operation of the joint underwriting plan shall be
425governed by a plan of operation that is prepared at the
426direction of the board of governors and approved by order of the
427office. The plan is subject to continuous review by the office.
428The office may, by order, withdraw approval of all or part of a
429plan if the office determines that conditions have changed since
430approval was granted and that the purposes of the plan require
431changes in the plan.
432     (c)  If the board determines that a deficit exists in Tier
433One or Tier Two or that there is any deficit remaining
434attributable to any of the plan's former subplans and that the
435deficit cannot be fully funded by using policyholder surplus
436attributable to former subplan "C" or, if the surplus in the
437former subplan "C" does not fully fund the deficit and the
438deficit cannot be fully funded by using any remaining funds in
439the contingency reserve assessments, the board shall request the
440office to levy, by order, a deficit assessment against premiums
441charged to insureds for workers' compensation insurance by
442insurers as defined in s. 631.904(5). The office shall issue the
443order after verifying the amount of the deficit. The assessment
444shall be specified as a percentage of future premium
445collections, as recommended by the board and approved by the
446office. The same percentage shall apply to premiums on all
447workers' compensation policies issued or renewed during the 12-
448month period beginning on the effective date of the assessment,
449as specified in the order.
450     (d)  For rates and rating plans effective on or after
451January 1, 2007, the plan shall be subject to the same
452requirements of this part for the filing and approval of its
453rates and rating plans as apply to workers' compensation
454insurers, except as otherwise provided.
455     (e)  Whenever a deficit exists, the plan shall, within 90
456days, provide the office with a program to eliminate the deficit
457within a reasonable time. The deficit may be funded through
458increased premiums charged to insureds of the plan for
459subsequent years, through the use of policyholder surplus
460attributable to any year, including policyholder surplus in
461former subplan "C" as authorized in subparagraph (5)(d)2.,
462through the use of assessments as provided in subparagraph
463(5)(d)2., and through assessments on assessable policies as
464provided in subparagraph (5)(d)3. Any entity that was a
465policyholder of former subplan "C" shall not be subject to any
466assessments that are attributable to deficits in former subplan
467"C".
468     (f)  Upon dissolution, the assets of the plan shall be
469applied first to pay all debts, liabilities, and obligations of
470the plan, including the establishment of reasonable reserves for
471any contingent liabilities or obligations, and all remaining
472assets of the plan shall become property of the state and shall
473be deposited in the Workers' Compensation Administration Trust
474Fund. However, dissolution shall not take effect as long as the
475plan has financial obligations outstanding unless adequate
476provision has been made for the payment of financial obligations
477pursuant to the documents authorizing the financial obligations.
478     (g)  After the contingency reserve is established, whenever
479the board determines the subplan or the tier does not have a
480sufficient cash basis to meet a 6-month period of projected cash
481needs due to any deficit in the subplan or the tier remaining
482after accessing any policyholder surplus attributable to former
483subplan "C," the board is authorized to request the department
484to transfer funds from the contingency reserve fund within the
485Workers' Compensation Administration Trust Fund to the plan in
486an amount sufficient to fund the difference between the amount
487available and the amount needed to meet the subplan's or the
488tier's projected cash need for the subsequent 6-month period.
489The board and the office must first certify to the Department of
490Financial Services that there is not sufficient cash within the
491subplan or the tier to meet the projected cash needs in the
492subplan or the tier within the subsequent 6-month period. The
493amount requested for transfer to the subplan or the tier may not
494exceed the difference between the amount available within the
495subplan or the tier and the amount needed to meet the subplan's
496or the tier's projected cash need for the subsequent 6-month
497period, as jointly certified by the board and the Office of
498Insurance Regulation to the Department of Financial Services,
499attributable to the former subplan or the tier policyholders.
500The Department of Financial Services may submit a budget
501amendment to request release of funds from the Workers'
502Compensation Administration Trust Fund, subject to the approval
503of the Legislative Budget Commission. The board shall provide,
504for review of the Legislative Budget Commission, information on
505the reasonableness of the plan's administration, including, but
506not limited to, the plan of operations and costs, claims costs,
507claims administration costs, overhead costs, claims reserves,
508and the latest report submitted on administration cost reduction
509alternatives as required in subparagraph (5)(c)17.
510     (h)  No later than January 1, 2007, the plan shall submit a
511request to the Internal Revenue Service for a letter ruling or
512determination on the plan's eligibility as a section 501(c)(3)
513tax-exempt organization.
514     (i)  This subsection expires July 1, 2007.
515     Section 18.  In order to implement Specific Appropriation
5162969A of the 2006-2007 General Appropriations Act, subsections
517(3) and (4) are added to section 282.318, Florida Statutes, to
518read:
519     282.318  Security of data and information technology
520resources.--
521     (3)  Notwithstanding subsection (2), the Department of
522Management Services, hereafter referred to as the "department,"
523in consultation with each agency head, is responsible for
524coordinating, assessing, and recommending minimum operating
525procedures for ensuring an adequate level of security for data
526and information technology resources. To assist the department
527in carrying out this responsibility, each agency shall, at a
528minimum:
529     (a)  Designate an information security manager who shall
530administer the security program of the agency for its data and
531information technology resources.
532     (b)  Conduct, and update every 3 years, a comprehensive
533risk analysis to determine the security threats to the data,
534information, and information technology resources of the agency.
535The risk analysis information made confidential and exempt under
536subparagraph (2)(a)2. shall be available to the Auditor General
537in performing his or her postauditing duties.
538     (c)  Develop, and periodically update, written internal
539policies and procedures that are consistent with the standard
540operating procedures recommended by the department to ensure the
541security of the data and information technology resources of the
542agency. The internal policies and procedures that, if disclosed,
543could facilitate the unauthorized modification, disclosure, or
544destruction of data or information technology resources made
545confidential and exempt under subparagraph (2)(a)3. shall be
546available to the Auditor General in performing his or her
547postauditing duties.
548     (d)  Implement appropriate cost-effective safeguards to
549reduce, eliminate, or recover from the identified risks to the
550data and information technology resources of the agency.
551     (e)  Ensure that periodic internal audits and evaluations
552of the security program for the data, information, and
553information technology resources of the agency are conducted.
554The results of such internal audits and evaluations made
555confidential and exempt under subparagraph (2)(a)5. shall be
556available to the Auditor General in performing his or her
557postauditing duties.
558     (f)  Include appropriate security requirements in the
559written specifications for the solicitation of information
560technology resources that are consistent with the standard
561security operating procedures as recommended by the department.
562     (g)  This subsection expires July 1, 2007.
563
564In those instances under this subsection in which the department
565develops state contracts for use by state agencies, the
566department shall include appropriate security requirements in
567the specifications for the solicitation for state contracts for
568procuring information technology resources.
569     (4)  In order to ensure the security of data, information,
570and information technology resources, the department shall
571establish the Office of Information Security and shall designate
572a Chief Information Security Officer as the head of the office.
573The office shall coordinate its activities with the Agency Chief
574Information Officers Council as established in s. 282.315. The
575office is responsible for developing a strategic plan for
576information technology security which shall be submitted by
577March 1, 2007, to the Executive Office of the Governor, the
578President of the Senate, and the Speaker of the House of
579Representatives; developing standards and templates for
580conducting comprehensive risk analyses and information security
581audits by state agencies; assisting agencies in their compliance
582with the provisions of this section; establishing minimum
583standards for the recovery of information technology following a
584disaster; and conducting training for agency information
585security managers. This subsection expires July 1, 2007.
586     Section 19.  In order to implement Specific Appropriations
5872832-2845 of the 2006-2007 General Appropriations Act,
588subsection (3) and paragraph (e) of subsection (4) of section
589255.249, Florida Statutes, are amended to read:
590     255.249  Department of Management Services; responsibility;
591department rules.--
592     (3)(a)  The department shall, to the extent feasible,
593coordinate the vacation of privately owned leased space with the
594expiration of the lease on that space and, when a lease is
595terminated before expiration of its base term, will make a
596reasonable effort to place another state agency in the space
597vacated. Any state agency may lease the space in any building
598that was subject to a lease terminated by a state agency for a
599period of time equal to the remainder of the base term without
600the requirement of competitive bidding.
601     (b)  The department shall annually publish a report that
602lists, by agency, all leases that are due to expire within 24
603months. The annual report must include the following information
604for each lease: location; size of leased space; current cost per
605leased square foot; lease expiration date; and a determination
606of whether sufficient state-owned office space will be available
607at the expiration of the lease to house affected employees. The
608report must also include a list of amendments and supplements to
609and waivers of terms and conditions in lease agreements that
610have been approved pursuant to s. 255.25(2)(a) during the
611previous 12 months and an associated comprehensive analysis,
612including financial implications, showing that any amendment,
613supplement, or waiver is in the state's long-term best interest.
614The department shall furnish this report to the Executive Office
615of the Governor and the Legislature by September 15 of each
616year. This paragraph expires July 1, 2007.
617     (4)  The department shall promulgate rules pursuant to
618chapter 120 providing:
619     (e)1.  Acceptable terms and conditions for inclusion in
620lease agreements.
621     2.  Such terms and conditions shall include, at a minimum,
622the following clauses, which may not be amended, supplemented,
623or waived:
624     a.  As provided in s. 255.2502, "The State of Florida's
625performance and obligation to pay under this contract is
626contingent upon an annual appropriation by the Legislature."
627     b.  "The Lessee shall have the right to terminate, without
628penalty, this lease in the event a State-owned building becomes
629available to the Lessee for occupancy in the County of
630____________, Florida, during the term of said lease for the
631purposes for which this space is being leased upon giving 6
632months' advance written notice to the Lessor by Certified Mail,
633Return Receipt Requested."
634
635This subparagraph expires July 1, 2007.
636     Section 20.  In order to implement Specific Appropriations
6372832-2845 of the 2006-2007 General Appropriations Act, paragraph
638(d) is added to subsection (2) and paragraph (c) is added to
639subsection (4) of section 255.25, Florida Statutes, to read:
640     255.25  Approval required prior to construction or lease of
641buildings.--
642     (2)
643     (d)  Notwithstanding paragraph (a) and except as provided
644in ss. 255.249 and 255.2501, a state agency may not lease a
645building or any part thereof unless prior approval of the lease
646terms and conditions and of the need therefor is first obtained
647from the Department of Management Services. The department may
648not approve any term or condition in a lease agreement which has
649been amended, supplemented, or waived unless a comprehensive
650analysis, including financial implications, demonstrates that
651such amendment, supplement, or waiver is in the state's long-
652term best interest. Any approved lease may include an option to
653purchase or an option to renew the lease, or both, upon such
654terms and conditions as are established by the department
655subject to final approval by the head of the Department of
656Management Services and the provisions of s. 255.2502. This
657paragraph expires July 1, 2007. This paragraph expires July 1,
6582007.
659     (4)
660     (c)  Because the state has a substantial financial
661investment in state-owned buildings, it is legislative policy
662and intent that when state-owned buildings meet the needs of
663state agencies, agencies must fully use such buildings before
664leasing privately owned buildings. By September 15, 2006, the
665Department of Management Services shall create a 5-year plan for
666implementing this policy. The department shall update this plan
667annually, detailing proposed departmental actions to meet the
668plan's goals. The department shall furnish this plan to the
669President of the Senate, the Speaker of the House of
670Representatives, and the Executive Office of the Governor by
671September 15 of each year. This paragraph expires July 1, 2007.
672     Section 21.  In order to implement Specific Appropriations
6732832-2845 of the 2006-2007 General Appropriations Act,
674subsection (7) of section 255.503, Florida Statutes, is amended
675to read:
676     255.503  Powers of the Department of Management
677Services.--The Department of Management Services shall have all
678the authority necessary to carry out and effectuate the purposes
679and provisions of this act, including, but not limited to, the
680authority to:
681     (7)(a)  Sell, lease, release, or otherwise dispose of
682facilities in the pool in accordance with applicable law.
683     (b)  No later than the date upon which the department
684recommends to the Division of State Lands of the Department of
685Environmental Protection the disposition of any facility within
686the Florida Facilities Pool, the department shall provide to the
687President of the Senate, the Speaker of the House of
688Representatives, the Executive Office of the Governor, and the
689Division of Bond Finance of the State Board of Administration an
690analysis that includes:
691     1.  The cost benefit of the proposed facility disposition,
692including the facility's current operating expenses, condition,
693and market value, and viable alternatives for work space for
694impacted state employees.
695     2.  The effect of the proposed facility disposition on the
696financial status of the Florida Facilities Pool, including the
697effect on rental rates and coverage requirement for the bonds.
698
699This paragraph expires July 1, 2007.
700     Section 22.  In order to implement Specific Appropriation
7012096A 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
705required by this section shall be waived by the commission. This
706subsection expires July 1, 2007.
707     Section 23.  In order to implement Specific Appropriation
7082096A 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
712required by this section shall be waived by the commission. This
713subsection expires July 1, 2007.
714     Section 24.  Notwithstanding s. 403.7095, Florida Statutes,
715in order to implement Specific Appropriation 1868 of the 2006-
7162007 General Appropriations Act, the Department of Environmental
717Protection shall award:
718     (1)  $6,500,000 in grants equally to counties with
719populations of fewer than 100,000 for waste tire, litter
720prevention, recycling and education, and general solid waste
721programs.
722     (2)  $1,599,500 to be used for Innovative Grants.
723
724This section expires July 1, 2007.
725     Section 25.  In order to implement Specific Appropriation
7261847 of the 2006-2007 General Appropriations Act, and for the
7272006-2007 fiscal year only, the Department of Environmental
728Protection shall conduct a pilot program of the efficacy of
729expedited site evaluation and cleanup of existing public port
730and airport facility sites that have high redevelopment
731potential and that serve an immediate and demonstrated public
732purpose. The department shall conduct the pilot program at sites
733that will serve as prototypes to evaluate the need for funding
734in subsequent years.
735     (1)  The pilot program sites selected must include:
736     (a)  A port facility at which petroleum contamination is a
737potential threat to marine and estuarine waters and is hindering
738the tourism, trade, and economic development potential for the
739facility and the surrounding area; and
740     (b)  An airport adjacent to marine or estuarine waters
741where redevelopment and expansion are likely to be hindered by
742petroleum contamination issues.
743     (2)  The pilot program should focus on:
744     (a)  Rapid assessment of the scope of the contamination
745issues;
746     (b)  The effective use of existing site information;
747     (c)  For larger, multiyear projects, the development of
748project phases, schedules, and budget estimates, including
749appropriate cost-sharing components with affected entities;
750     (d)  Commitment of one-time funds for petroleum
751contamination assessment, free product removal, soil removal,
752and restoration that will render site conditions suitable for
753immediate redevelopment; and
754     (e)  Preparation of an independent oversight report that
755evaluates the cost-effectiveness of this funding approach with
756emphasis on the timing of tax benefits that may accrue.
757     (3)  The department is directed to implement this pilot
758program as soon as possible and report its progress to the
759Legislature by March 1, 2007.
760     (4)  This section expires July 1, 2007.
761     Section 26.  In order to implement Specific Appropriation
7621825 of the 2006-2007 General Appropriations Act, and for the
7632006-2007 fiscal year only, there is hereby created the
764Caloosahatchee-St. Lucie Rivers Corridor Advisory Council.
765     (1)  For purposes of this section, the hydrologic basins of
766the Caloosahatchee River and its estuary and the St. Lucie River
767and its estuary, including Lake Okeechobee, shall be known as
768the "Caloosahatchee-St. Lucie Rivers Corridor."
769     (2)  The Caloosahatchee-St. Lucie Rivers Corridor Advisory
770Council is under the Department of Environmental Protection and
771shall 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
775Caloosahatchee-St. Lucie Rivers Corridor and expertise in
776engineering.
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
780Okeechobee 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
784Caloosahatchee-St. Lucie Rivers Corridor and expertise in
785hydrology.
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
789Lee County or Charlotte County.
790     6.  One member from the Senate.
791     (c)  The Speaker of the House of Representatives shall
792appoint:
793     1.  One member representing local government in Martin
794County.
795     2.  One member with hydrologic experience within the
796Caloosahatchee-St. Lucie Rivers Corridor and expertise in
797biology.
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
801Hendry County or Glades County.
802     6.  One member from the House of Representatives.
803     (d)  The Governor shall appoint the chair of the advisory
804council from among its members.
805     (e)  Appointments to the advisory council shall be made no
806later than 30 days after the effective date of this act.
807     (f)  Each member of the advisory council may receive per
808diem and travel expenses as provided in s. 112.061, Florida
809Statutes, while carrying out the business of the advisory
810council.
811     (g)  The first meeting of the advisory council shall be
812held no later than 60 days after the effective date of this act.
813     (h)  The records and meetings of the advisory council are
814subject to the provisions of chapter 119 and s. 286.011, Florida
815Statutes.
816     (i)  The advisory council shall be staffed by an executive
817director and other personnel selected and hired by the
818Department of Environmental Protection who shall be exempt from
819part II of chapter 110, Florida Statutes, relating to the Career
820Service System. The Department of Environmental Protection may
821employ staff and consultants as necessary to assist the advisory
822council in fulfilling its responsibilities. The South Florida
823Water Management District and the Department of Environmental
824Protection shall each appoint a liaison for the respective
825agency to work directly with the executive director of the
826advisory council and to provide expertise and assistance to the
827advisory council.
828     (3)  The duties of the Caloosahatchee-St. Lucie Rivers
829Corridor 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
832Caloosahatchee-St. Lucie Rivers Corridor for the purpose of
833receiving public comments and information.
834     (c)  Review the operation and management of Lake Okeechobee
835and the associated discharges from the lake for the purpose of
836formulating specific recommendations relating to, but not
837limited to:
838     1.  Scientifically viable, economically feasible projects,
839programs, and regulations that address or mitigate the impacts
840of high-level discharges from Lake Okeechobee upon the receiving
841waters of the Caloosahatchee River and the St. Lucie Canal and
842St. Lucie River and their respective estuaries.
843     2.  Ongoing projects and plans authorized pursuant to the
844Lake Okeechobee Protection Program and the Comprehensive
845Everglades Restoration Plan under s. 373.4592, Florida Statutes.
846     3.  Environmentally and economically feasible projects to
847remove accumulated sedimentation from Lake Okeechobee.
848     4.  Alternative treatment strategies, projects, best
849management practices, and funding sources to manage more
850effectively the hydrology of the corridor to minimize adverse
851ecological effects upon the receiving waters from Lake
852Okeechobee discharge.
853     5.  Long-term funding for implementation of the projects
854and programs identified in the report.
855     (4)  The advisory council shall prepare and submit a report
856and recommendations to the President of the Senate and the
857Speaker of the House of Representatives prior to the 2007
858Regular Session of the Legislature for implementation of
859projects and strategies to mitigate the present effects of high
860discharges from Lake Okeechobee upon the described basins.
861     (5)  The advisory council shall submit to the Governor, the
862President of the Senate, and the Speaker of the House of
863Representatives by March 1, 2007, a report with specific
864recommendations for implementation by the Legislature and the
865Governor that will mitigate ecological effects upon the
866Caloosahatchee-St. Lucie Rivers Corridor and stabilize the
867effect of high discharges from Lake Okeechobee upon the tourist
868economy of Southwest and Southeast Florida.
869     (6)  The advisory council shall expire on April 1, 2007,
870and this section shall expire July 1, 2007.
871     Section 27.  In order to implement Specific Appropriations
8721857A and 1616A of the 2006-2007 General Appropriations Act,
873there is hereby created the Retail Fuel Outlet Emergency Power
874Assistance Grant Program within the Department of Community
875Affairs to provide assistance to retail fuel outlets in
876retrofitting their facilities to accommodate portable generators
877in preparation for major power outages.
878     (1)  Any person who is the owner of a retail fuel outlet or
879outlets may apply for a matching grant for an amount of no more
880than 50 percent of the actual costs of installation of the
881wiring and transfer switch necessary to accept an emergency
882power generating source of sufficient size and power generation
883capacity for the retail fuel outlet or outlets to maintain the
884ability to safely dispense fuel to the public in the event of
885loss of commercial power.
886     (2)  The matching grants of up to $5,000 per retail fuel
887outlet shall be made as reimbursements for actual costs after
888the installation is complete. In order to qualify for the
889matching grant, a completed application shall be made to the
890department. The department shall provide matching grants to each
891person on a first-come, first-served basis. The department shall
892provide application procedures and requirements for
893documentation of installation and prior payment.
894
895This section expires July 1, 2007.
896     Section 28.  In order to implement Specific Appropriations
8971362-1546A of the 2006-2007 General Appropriations Act, section
898502.015, Florida Statutes, is amended to read:
899     502.015  General Inspection Trust Fund.--
900     (1)  Any moneys collected by the department pursuant to
901this chapter shall be deposited in the General Inspection Trust
902Fund and used solely for the programs in this chapter.
903     (2)  For the 2006-2007 fiscal year only and notwithstanding
904any other provision of law to the contrary, in addition to the
905spending authorized in subsection (1), moneys in the General
906Inspection Trust Fund may be appropriated for programs operated
907by the department which are related to the programs authorized
908by this chapter. This subsection expires July 1, 2007.
909     Section 29.  In order to implement Specific Appropriations
9102788 and 2789 of the 2006-2007 General Appropriations Act,
911section 11.151, Florida Statutes, is amended to read:
912     11.151  Annual legislative appropriation to contingency
913fund for use of Senate President and House Speaker.--
914     (1)  There is established a legislative contingency fund
915consisting of $10,000 for the President of the Senate and
916$10,000 for the Speaker of the House of Representatives, which
917amounts shall be set aside annually from moneys appropriated for
918legislative expense. These funds shall be disbursed by the Chief
919Financial Officer upon receipt of vouchers authorized by the
920President of the Senate or the Speaker of the House of
921Representatives. Such funds may be expended at the unrestricted
922discretion of the President of the Senate or the Speaker of the
923House of Representatives in carrying out their official duties
924during the entire period between the date of their election as
925such officers at the organizational meeting held pursuant to s.
9263(a), Art. III of the State Constitution and the next general
927election.
928     (2)  For the 2006-2007 2005-2006 fiscal year only, the
929contingency 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
9321695A and 1696A and section 31 of the 2006-2007 General
933Appropriations Act, subsection (3) of section 375.041, Florida
934Statutes, is amended to read:
935     375.041  Land Acquisition Trust Fund.--
936     (3)(a)  Any moneys in the Land Acquisition Trust Fund which
937are not pledged for rentals or debt service as provided in
938subsection (2) may be expended from time to time to acquire
939land, water areas, and related resources and to construct,
940improve, enlarge, extend, operate, and maintain capital
941improvements and facilities in accordance with the plan.
942     (b)  In addition to the uses allowed in paragraph (a), for
943the 2006-2007 fiscal year, moneys in the Land Acquisition Trust
944Fund are authorized for expenditure or transfer to the Florida
945Forever Trust Fund and the Save Our Everglades Trust Fund to
946support the programs authorized in chapters 259 and 373. This
947paragraph expires July 1, 2007.
948     Section 31.  In order to implement section 31 of the 2006-
9492007 General Appropriations Act, subsection (4) of section
950259.032, Florida Statutes, is amended to read:
951     259.032  Conservation and Recreation Lands Trust Fund;
952purpose.--
953     (4)(a)  Lands acquired under this section shall be for use
954as state-designated parks, recreation areas, preserves,
955reserves, historic or archaeological sites, geologic or
956botanical sites, recreational trails, forests, wilderness areas,
957wildlife management areas, urban open space, or other state-
958designated recreation or conservation lands; or they shall
959qualify for such state designation and use if they are to be
960managed by other governmental agencies or nonstate entities as
961provided for in this section.
962     (b)  In addition to the uses allowed in paragraph (a),
963moneys may be transferred from the Conservation and Recreation
964Lands Trust Fund to the Florida Forever Trust Fund or the Land
965Acquisition Trust Fund. This paragraph expires July 1, 2007.
966     Section 32.  In order to implement section 31 of the 2006-
9672007 General Appropriations Act, subsection (12) is added to
968section 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,
971moneys may be transferred from the Water Management Lands Trust
972Fund to the Florida Forever Trust Fund or the Land Acquisition
973Trust Fund. This subsection expires July 1, 2007.
974     Section 33.  In order to implement Specific Appropriations
9751820 and 1821 and section 32 of the 2006-2007 General
976Appropriations Act, subsection (6) is added to section 373.459,
977Florida Statutes, to read:
978     373.459  Funds for surface water improvement and
979management.--
980     (6)(a)  The match requirement of subsection (2) shall not
981apply to the Suwannee River Water Management District, the
982Northwest Florida Water Management District, or a financially
983disadvantaged small local government as defined in s.
984403.885(5).
985     (b)  Notwithstanding the requirements of subsection (3),
986the Ecosystem Management and Restoration Trust Fund and the
987Water Protection and Sustainability Trust Fund shall be used for
988the deposit of funds appropriated by the Legislature for the
989purposes of ss. 373.451-373.4595. The department shall
990administer all funds appropriated to or received for surface
991water improvement and management activities. Expenditure of the
992moneys shall be limited to the costs of details planning and
993plan and program implementation for priority surface water
994bodies. Moneys from the funds shall not be expended for planning
995for, construction or expansion of, treatment facilities for
996domestic or industrial waste disposal.
997     (c)  Notwithstanding the requirements of subsection (4),
998the department shall authorize the release of money from the
999funds in accordance with the provisions of s. 373.501(2) and
1000procedures in s. 373.59(4) and (5).
1001     (d)  Notwithstanding the requirements of subsection (5),
1002moneys in the Ecosystem Restoration and Management Trust Fund
1003that are not needed to meet current obligations incurred under
1004this section shall be transferred to the State Board of
1005Administration, to the credit of the trust fund, to be invested
1006in the manner provided by law. Interest received on such
1007investments shall be credited to the trust fund.
1008     (e)  This subsection expires July 1, 2007.
1009     Section 34.  In order to implement Specific Appropriation
10101821 of the 2006-2007 General Appropriations Act, subsection (7)
1011is added to section 403.885, Florida Statutes, to read:
1012     403.885  Stormwater management; wastewater management; and
1013Water Restoration Grant Program.--
1014     (7)  Notwithstanding subsections (1), (3), (5), and (6):
1015     (a)  The department shall administer a grant program to use
1016funds transferred pursuant to s. 212.20 to the Ecosystem
1017Management and Restoration Trust Fund or other moneys as
1018appropriated by the Legislature for stormwater management,
1019wastewater management, water restoration, and other water
1020projects as specifically appropriated by the Legislature.
1021Eligible recipients of such grants include counties,
1022municipalities, water management districts, and special
1023districts that have legal responsibilities for water quality
1024improvement, storm water management, wastewater management, lake
1025and river water restoration projects, and drinking water
1026projects pursuant to this section.
1027     (b)  All project applicants shall provide local matching
1028funds as follows:
1029     1.  An applicant for state funding of a stormwater
1030management or surfacewater management project shall provide
1031local matching funds equal to at least 50 percent of the total
1032cost of the project.
1033     2.  An applicant for state funding of a wastewater
1034management project shall provide matching funds equal to at
1035least 25 percent of the total cost of the project.
1036     (c)  The requirement in paragraph (b) for matching funds
1037may be waived if the applicant is a financially disadvantaged
1038small local government. For purposes of this subsection, the
1039term "financially disadvantaged small local government" means a
1040municipality having a population of 7,500 or less, a county
1041having a population of 35,000 or less, according to the latest
1042decennial census, and a per capita annual income less than the
1043state per capita annual income as determined by the United
1044States Department of Commerce, or a county in an area designated
1045by the Governor as a rural area of critical economic concern
1046pursuant to s. 288.0656.
1047     (d)  This subsection expires July 1, 2007.
1048     Section 35.  In order to implement Specific Appropriation
10492688 of the 2006-2007 General Appropriations Act, paragraph (b)
1050of subsection (9) of section 320.08058, Florida Statutes, is
1051amended 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
1055distributed as follows:
1056     1.  Fifty-five percent of the proceeds from the Florida
1057Professional Sports Team plate must be deposited into the
1058Professional Sports Development Trust Fund within the Office of
1059Tourism, Trade, and Economic Development. These funds must be
1060used solely to attract and support major sports events in this
1061state. As used in this subparagraph, the term "major sports
1062events" means, but is not limited to, championship or all-star
1063contests of Major League Baseball, the National Basketball
1064Association, the National Football League, the National Hockey
1065League, the men's and women's National Collegiate Athletic
1066Association Final Four basketball championship, or a horseracing
1067or dogracing Breeders' Cup. All funds must be used to support
1068and promote major sporting events, and the uses must be approved
1069by the Florida Sports Foundation.
1070     2.  The remaining proceeds of the Florida Professional
1071Sports Team license plate must be allocated to the Florida
1072Sports Foundation, a direct-support organization of the Office
1073of Tourism, Trade, and Economic Development. These funds must be
1074deposited into the Professional Sports Development Trust Fund
1075within the Office of Tourism, Trade, and Economic Development.
1076These funds must be used by the Florida Sports Foundation to
1077promote the economic development of the sports industry; to
1078distribute licensing and royalty fees to participating
1079professional sports teams; to promote education programs in
1080Florida schools that provide an awareness of the benefits of
1081physical activity and nutrition standards; to partner with the
1082Department of Education and the Department of Health to develop
1083a program that recognizes schools whose students demonstrate
1084excellent physical fitness or fitness improvement; to institute
1085a grant program for communities bidding on minor sporting events
1086that create an economic impact for the state; to distribute
1087funds to Florida-based charities designated by the Florida
1088Sports Foundation and the participating professional sports
1089teams; and to fulfill the sports promotion responsibilities of
1090the Office of Tourism, Trade, and Economic Development.
1091     3.  The Florida Sports Foundation shall provide an annual
1092financial audit in accordance with s. 215.981 of its financial
1093accounts and records by an independent certified public
1094accountant pursuant to the contract established by the Office of
1095Tourism, Trade, and Economic Development as specified in s.
1096288.1229(5). The auditor shall submit the audit report to the
1097Office of Tourism, Trade, and Economic Development for review
1098and approval. If the audit report is approved, the office shall
1099certify the audit report to the Auditor General for review.
1100     4.  For the 2006-2007 2005-2006 fiscal year only and
1101notwithstanding the provisions of subparagraphs 1. and 2.,
1102proceeds from the Professional Sports Development Trust Fund may
1103also be used for operational expenses of the Florida Sports
1104Foundation and financial support of the Sunshine State Games.
1105This subparagraph expires July 1, 2007 2006.
1106     Section 36.  In order to implement section 51 of the 2006-
11072007 General Appropriations Act, subsection (13) of section
1108253.034, Florida Statutes, is amended to read:
1109     253.034  State-owned lands; uses.--
1110     (13)  Notwithstanding the provisions of this section, funds
1111from the sale of property by the Department of Highway Safety
1112and Motor Vehicles located in Palm Beach County are authorized
1113to be deposited into the Highway Safety Operating Trust Fund to
1114facilitate the exchange as provided in the General
1115Appropriations Act, provided that at the conclusion of both
1116exchanges the values are equalized. This subsection expires July
11171, 2007 2006.
1118     Section 37.  In order to implement proviso language
1119following Specific Appropriation 2304 of the 2006-2007 General
1120Appropriations Act, section 402.3017, Florida Statutes, is
1121amended to read:
1122     402.3017  Teacher Education and Compensation Helps (TEACH)
1123scholarship program.--
1124     (1)  The Legislature finds that the level of early child
1125care teacher education and training is a key predictor for
1126determining program quality. The Legislature also finds that low
1127wages for child care workers prevent many from obtaining
1128increased training and education and contribute to high turnover
1129rates. The Legislature therefore intends to help fund a program
1130which links teacher training and education to compensation and
1131commitment to the field of early childhood education.
1132     (2)  The Department of Children and Family Services is
1133authorized to contract for the administration of the Teacher
1134Education and Compensation Helps (TEACH) scholarship program,
1135which provides educational scholarships to caregivers and
1136administrators of early childhood programs, family day care
1137homes, and large family child care homes.
1138     (3)  The department shall adopt rules as necessary to
1139implement this section.
1140     (4)  For the 2006-2007 2005-2006 fiscal year only, the
1141Agency for Workforce Innovation may shall administer this
1142section. This subsection expires July 1, 2007 2006.
1143     Section 38.  In order to implement Specific Appropriations
11441594, 1596, 1598, 1600, 1608, and 1609 of the 2006-2007 General
1145Appropriations Act, subsection (5) of section 216.292, Florida
1146Statutes, is amended to read:
1147     216.292  Appropriations nontransferable; exceptions.--
1148     (5)(a)  A transfer of funds may not result in the
1149initiation of a fixed capital outlay project that has not
1150received a specific legislative appropriation, except that
1151federal funds for fixed capital outlay projects for the
1152Department of Military Affairs, which do not carry a continuing
1153commitment on future appropriations by the Legislature, may be
1154approved by the Executive Office of the Governor for the purpose
1155received, subject to the notice, review, and objection
1156procedures set forth in s. 216.177.
1157     (b)  Notwithstanding paragraph (a), and for the 2006-2007
1158fiscal year only, the Governor may recommend the initiation of
1159fixed capital outlay projects funded by grants awarded by the
1160Federal Emergency Management Agency for FEMA Disaster
1161Declarations 1539-DR-FL, 1545-DR-FL, 1551-DR-FL, 1561-DR-FL,
11621595-DR-FL, 1602-DR-FL, and EM3259-FL. All actions taken
1163pursuant to the authority granted in this paragraph are subject
1164to review and approval by the Legislative Budget Commission.
1165This paragraph expires July 1, 2007.
1166     Section 39.  In order to implement Specific Appropriation
11672132 of the 2006-2007 General Appropriations Act, subsection (3)
1168is added to section 311.22, Florida Statutes, to read:
1169     311.22  Additional authorization for funding certain
1170dredging projects.--
1171     (3)  For the 2006-2007 fiscal year only and notwithstanding
1172the matching basis specified in subsection (1), funding for
1173projects in subsection (1) shall require a minimum 25 percent
1174match of funds received pursuant to this section. This
1175subsection expires July 1, 2007.
1176     Section 40.  In order to implement Specific Appropriation
11772304 of the 2006-2007 General Appropriations Act, subsection (9)
1178of section 411.01, Florida Statutes, is amended to read:
1179     411.01  School readiness programs; early learning
1180coalitions.--
1181     (9)  FUNDING; SCHOOL READINESS PROGRAM.--
1182     (a)  It is the intent of this section to establish an
1183integrated and quality seamless service delivery system for all
1184publicly funded early childhood education and child care
1185programs operating in this state.
1186     (b)1.  The Agency for Workforce Innovation shall administer
1187school readiness funds, plans, and policies and shall prepare
1188and submit a unified budget request for the school readiness
1189system in accordance with chapter 216.
1190     2.  All instructions to early learning coalitions for
1191administering this section shall emanate from the Agency for
1192Workforce Innovation in accordance with the policies of the
1193Legislature.
1194     (c)  The Agency for Workforce Innovation shall recommend
1195adopt a formula for the allocation among the early learning
1196coalitions of all state and federal school readiness funds for
1197children participating in public or private school readiness
1198programs based upon equity and performance. The allocation
1199formula must be submitted to the Governor, and the chair of the
1200Senate Ways and Means Committee or its successor, and the chair
1201of the House of Representatives Fiscal Council or its successor
1202no later than January 1 of each year. The Legislature shall
1203specify in the annual General Appropriations Act any changes
1204from the allocation methodology for the prior fiscal year which
1205must be used by the Agency for Workforce Innovation in
1206allocating the appropriations provided in the General
1207Appropriations Act Legislative Budget Commission. Upon approval,
1208the Legislative Budget Commission shall authorize the Agency for
1209Workforce Innovation to distribute funds in accordance with the
1210allocation formula. For fiscal year 2004-2005, the Agency for
1211Workforce Innovation shall allocate funds to the early learning
1212coalitions consistent with the fiscal year 2003-2004 funding
1213allocations to the school readiness coalitions.
1214     (d)  All state, federal, and required local maintenance-of-
1215effort or matching funds provided to an early learning coalition
1216for purposes of this section shall be used by the coalition for
1217implementation of its school readiness plan, including the
1218hiring of staff to effectively operate the coalition's school
1219readiness program. As part of plan approval and periodic plan
1220review, the Agency for Workforce Innovation shall require that
1221administrative costs be kept to the minimum necessary for
1222efficient and effective administration of the school readiness
1223plan, but total administrative expenditures must not exceed 5
1224percent unless specifically waived by the Agency for Workforce
1225Innovation. The Agency for Workforce Innovation shall annually
1226report to the Legislature any problems relating to
1227administrative costs.
1228     (e)  The Agency for Workforce Innovation shall annually
1229distribute, to a maximum extent practicable, all eligible funds
1230provided under this section as block grants to the early
1231learning coalitions.
1232     (f)  State funds appropriated for the school readiness
1233program may not be used for the construction of new facilities
1234or the purchase of buses. The Agency for Workforce Innovation
1235shall present to the Legislature recommendations for providing
1236necessary transportation services for school readiness programs.
1237     (g)  All cost savings and all revenues received through a
1238mandatory sliding fee scale shall be used to help fund each
1239early learning coalition's school readiness program.
1240     Section 41.  The amendment of s. 411.01, Florida Statutes,
1241by this act shall expire July 1, 2007, and the text of that
1242section shall revert to that in existence on June 30, 2006,
1243except that any amendments to such text enacted other than by
1244this act shall be preserved and continue to operate to the
1245extent that such amendments are not dependent upon the portions
1246of such text which expire pursuant to this section.
1247     Section 42.  In order to implement Specific Appropriation
12483225E of the 2006-2007 General Appropriations Act, paragraph (g)
1249of subsection (11) of section 259.032, Florida Statutes, is
1250amended to read:
1251     259.032  Conservation and Recreation Lands Trust Fund;
1252purpose.--
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
1256ever deposited into the Florida Preservation 2000 Trust Fund and
1257the Florida Forever Trust Fund may be appropriated for the 2006-
12582007 2005-2006 fiscal year for the construction of replacement
1259museum facilities. This paragraph expires July 1, 2007 2006.
1260     Section 43.  In order to implement Specific Appropriation
12611566 of the 2006-2007 General Appropriations Act, subsection (4)
1262is 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,
1265funds in the Emergency Management, Preparedness, and Assistance
1266Trust Fund that are otherwise unobligated may be authorized for
1267expenditure for the purpose of providing assistance to local
1268governments for implementing local comprehensive plans,
1269innovative planning to help make communities more livable, and
1270addressing growth management issues. This subsection expires
1271July 1, 2007.
1272     Section 44.  In order to implement Specific Appropriation
12731658A 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
1276context otherwise indicates:
1277     (15)  "Extremely-low-income persons" means one or more
1278natural persons or a family whose total annual household income
1279does not exceed 30 percent of the median annual adjusted gross
1280income for households within the state. The Florida Housing
1281Finance Corporation may adjust this amount annually by rule to
1282provide that in lower-income counties, extremely low income may
1283exceed 30 percent of the median income for the area, and that in
1284higher-income counties, extremely low income may be less than 30
1285percent of the area median income. This subsection expires July
12861, 2007.
1287     Section 45.  In order to implement Specific Appropriation
12881658A of the 2006-2007 General Appropriations Act, paragraphs
1289(h) and (i) are added to subsection (22) of section 420.507,
1290Florida Statutes, to read:
1291     420.507  Powers of the corporation.--The corporation shall
1292have all the powers necessary or convenient to carry out and
1293effectuate the purposes and provisions of this part, including
1294the following powers which are in addition to all other powers
1295granted by other provisions of this part:
1296     (22)  To develop and administer the State Apartment
1297Incentive Loan Program. In developing and administering that
1298program, the corporation may:
1299     (h)  Make loans exceeding 25 percent of project costs if
1300the project serves extremely-low-income persons. This paragraph
1301expires July 1, 2007.
1302     (i)  Waive payments or forgive indebtedness for a pro rata
1303share of the loan based on the number of units in a project
1304reserved for extremely-low-income persons. This paragraph
1305expires July 1, 2007.
1306     Section 46.  In order to implement Specific Appropriation
13071658A of the 2006-2007 General Appropriations Act, subsection
1308(5) and paragraphs (c) and (k) of subsection (6) of section
1309420.5087, Florida Statutes, are amended to read:
1310     420.5087  State Apartment Incentive Loan Program.--There is
1311hereby created the State Apartment Incentive Loan Program for
1312the purpose of providing first, second, or other subordinated
1313mortgage loans or loan guarantees to sponsors, including for-
1314profit, nonprofit, and public entities, to provide housing
1315affordable to very-low-income persons.
1316     (5)(a)  The amount of the mortgage provided under this
1317program combined with any other mortgage in a superior position
1318shall be less than the value of the project without the housing
1319set-aside required by subsection (2). However, the corporation
1320may waive this requirement for projects in rural areas or urban
1321infill areas which have market rate rents that are less than the
1322allowable rents pursuant to applicable state and federal
1323guidelines. In no event shall the mortgage provided under this
1324program combined with any other mortgage in a superior position
1325exceed total project cost.
1326     (b)  Notwithstanding paragraph (a), the amount of the
1327mortgage provided under this program combined with any other
1328mortgage in a superior position shall be less than the value of
1329the project without the housing set-aside required by subsection
1330(2). However, the corporation may waive this requirement for
1331projects in rural areas or urban infill areas that have market
1332rate rents that are less than the allowable rents pursuant to
1333applicable state and federal guidelines and for projects that
1334reserve units for extremely-low-income persons. A mortgage
1335provided under this program may not be combined with any other
1336mortgage in a superior position to exceed total project cost.
1337This paragraph expires July 1, 2007.
1338     (6)  On all state apartment incentive loans, except loans
1339made to housing communities for the elderly to provide for
1340lifesafety, building preservation, health, sanitation, or
1341security-related repairs or improvements, the following
1342provisions shall apply:
1343     (c)  The corporation shall provide by rule for the
1344establishment of a review committee composed of the department
1345and corporation staff and shall establish by rule a scoring
1346system for evaluation and competitive ranking of applications
1347submitted in this program, including, but not limited to, the
1348following criteria:
1349     1.  Tenant income and demographic targeting objectives of
1350the corporation.
1351     2.  Targeting objectives of the corporation which will
1352ensure an equitable distribution of loans between rural and
1353urban areas.
1354     3.  Sponsor's agreement to reserve the units for persons or
1355families who have incomes below 50 percent of the state or local
1356median income, whichever is higher, for a time period to exceed
1357the minimum required by federal law or the provisions of this
1358part.
1359     4.  Sponsor's agreement to reserve more than:
1360     a.  Twenty percent of the units in the project for persons
1361or families who have incomes that do not exceed 50 percent of
1362the state or local median income, whichever is higher; or
1363     b.  Forty percent of the units in the project for persons
1364or families who have incomes that do not exceed 60 percent of
1365the state or local median income, whichever is higher, without
1366requiring a greater amount of the loans as provided in this
1367section.
1368     5.  Provision for tenant counseling.
1369     6.  Sponsor's agreement to accept rental assistance
1370certificates or vouchers as payment for rent; however, when
1371certificates or vouchers are accepted as payment for rent on
1372units set aside pursuant to subsection (2), the benefit must be
1373divided between the corporation and the sponsor, as provided by
1374corporation rule.
1375     7.  Projects requiring the least amount of a state
1376apartment incentive loan compared to overall project cost.
1377     8.  Local government contributions and local government
1378comprehensive planning and activities that promote affordable
1379housing.
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-
1386work transitioning.
1387     15.  Notwithstanding subparagraph 7., projects requiring
1388the least amount of a state apartment incentive loan compared to
1389overall project cost except that the pro rata share of the loan
1390attributable to the extremely-low-income units shall be excluded
1391from this requirement. This subparagraph expires July 1, 2007.
1392     16.  Projects that reserve units for extremely-low-income
1393families. This subparagraph expires July 1, 2007.
1394     (k)1.  Rent controls shall not be allowed on any project
1395except as required in conjunction with the issuance of tax-
1396exempt bonds or federal low-income housing tax credits.
1397     2.  Notwithstanding subparagraph 1., rent controls shall
1398not be allowed on any project except as required in conjunction
1399with the issuance of tax-exempt bonds or federal low-income
1400housing tax credits, and except when the sponsor has committed
1401to set aside units for extremely-low-income persons, in which
1402case rents shall be restricted at the level applicable to
1403federal low-income tax credits. This subparagraph expires July
14041, 2007.
1405     Section 47.  In order to implement Specific Appropriation
14061658A of the 2006-2007 General Appropriations Act, section
1407420.5095, Florida Statutes, is created to read:
1408     420.5095  Community Workforce Housing Innovation Pilot
1409Program created.--
1410     (1)  The Legislature finds and declares that recent rapid
1411increases in the median purchase price of homes and the cost of
1412rental housing have far outstripped the increases in median
1413income in the state, preventing essential services personnel
1414from living in the communities where they serve and thereby
1415creating the need for innovative solutions for the provision of
1416housing opportunities for essential services personnel.
1417     (2)  The Community Workforce Housing Innovation Pilot
1418Program is created to provide affordable rental and home
1419ownership community workforce housing for essential services
1420personnel affected by the high cost of housing, using regulatory
1421incentives and state and local funds to promote local public-
1422private partnerships and leverage government and private
1423resources.
1424     (3)  For purposes of this section, the following
1425definitions apply:
1426     (a)  "Workforce housing" means housing affordable to
1427natural persons or families whose total annual household income
1428does not exceed 140 percent of the area median income, adjusted
1429for household size, or 150 percent of area median income,
1430adjusted for household size, in areas of critical state concern
1431designated under s. 380.05, for which the Legislature has
1432declared its intent to provide affordable housing, and areas
1433that were designated as areas of critical state concern for at
1434least 20 consecutive years prior to removal of the designation.
1435     (b)  "Essential services personnel" means persons in need
1436of affordable housing who are employed in occupations or
1437professions in which they are considered essential services
1438personnel, as defined by each county and eligible municipality
1439within its respective local housing assistance plan. Each
1440housing assistance plan shall include a definition of essential
1441service personnel for the county or eligible municipality,
1442including, but not limited to, teachers and educators; other
1443school district, community college, and university employees;
1444police and fire personnel; health care personnel; skilled
1445building trades personnel; and other job categories.
1446     (c)  "Public-private partnership" means any form of
1447business entity that includes substantial involvement of at
1448least one county, one municipality, or one public sector entity,
1449such as a school district or other unit of local government in
1450which the project is to be located, and at least one private
1451sector for-profit or not-for-profit business or charitable
1452entity, and may be any form of business entity, including a
1453joint venture or contractual agreement.
1454     (4)  The Florida Housing Finance Corporation is authorized
1455to provide Community Workforce Housing Innovation Pilot Program
1456loans to applicants for construction or rehabilitation of
1457workforce housing in eligible areas. The corporation shall
1458establish a funding process and selection criteria by rule or
1459request for proposals. This funding is intended to be used with
1460other public and private sector resources.
1461     (5)  The corporation shall provide incentives for local
1462governments in eligible areas to use local affordable housing
1463funds, such as those from the State Housing Initiatives
1464Partnership Program, to assist in meeting the affordable housing
1465needs of persons eligible under this program.
1466     (6)  Funding shall be targeted to projects in areas where
1467the disparity between the area median income and the median
1468sales price for a single-family home is greatest, and for
1469projects in areas where population growth as a percentage rate
1470of increase is greatest. The corporation may also fund projects
1471in areas where innovative regulatory and financial incentives
1472are made available. The corporation shall fund at least one
1473eligible project in as many counties as possible.
1474     (7)  Projects shall receive priority consideration for
1475funding where:
1476     (a)  The local jurisdiction adopts appropriate regulatory
1477incentives, local contributions or financial strategies, or
1478other funding sources to promote the development and ongoing
1479financial viability of such projects. Local incentives include
1480such actions as expediting review of development orders and
1481permits, supporting development near transportation hubs and
1482major employment centers, and adopting land development
1483regulations designed to allow flexibility in densities, use of
1484accessory units, mixed-use developments, and flexible lot
1485configurations. Financial strategies include such actions as
1486promoting employer-assisted housing programs, providing tax
1487increment financing, and providing land.
1488     (b)  Projects are innovative and include new construction
1489or rehabilitation, mixed-income housing, or commercial and
1490housing mixed-use elements and those that promote homeownership.
1491The program funding shall not exceed the costs attributable to
1492the portion of the project that is set aside to provide housing
1493for the targeted population.
1494     (c)  Projects that set aside at least 80 percent of units
1495for workforce housing and at least 50 percent for essential
1496services personnel and for projects that require the least
1497amount of program funding compared to the overall housing costs
1498for the project.
1499     (8)  Notwithstanding s. 163.3184(3)-(6), any local
1500government comprehensive plan amendment to implement a Community
1501Workforce Housing Innovation Pilot Program project found
1502consistent with the provisions of this section shall be
1503expedited as provided in this subsection. At least 30 days prior
1504to adopting a plan amendment pursuant to this subsection, the
1505local government shall notify the state land planning agency of
1506its intent to adopt such an amendment, and the notice shall
1507include its evaluation related to site suitability and
1508availability of facilities and services. The public notice of
1509the hearing required by s. 163.3184(15)(e) shall include a
1510statement that the local government intends to utilize the
1511expedited adoption process authorized by this subsection. Such
1512amendments shall require only a single public hearing before the
1513governing board, which shall be an adoption hearing as described
1514in s. 163.3184(7), and the state land planning agency shall
1515issue its notice of intent pursuant to s. 163.3184(8) within 30
1516days after determining that the amendment package is complete.
1517     (9)  The corporation shall award loans with interest rates
1518set at 1 to 3 percent, which may be made forgivable when long-
1519term affordability is provided and when at least 80 percent of
1520the units are set aside for workforce housing and at least 50
1521percent of the units are set aside for essential services
1522personnel.
1523     (10)  All eligible applications shall:
1524     (a)  For home ownership, limit the sales price of a
1525detached unit, townhome, or condominium unit to not more than 80
1526percent of the median sales price for that type of unit in that
1527county, or the statewide median sales price for that type of
1528unit, whichever is higher, and require that all eligible
1529purchasers of home ownership units occupy the homes as their
1530primary residence.
1531     (b)  For rental units, restrict rents for all workforce
1532housing serving those with incomes at or below 120 percent of
1533area median income at the appropriate income level using the
1534restricted rents for the federal low-income housing tax credit
1535program and, for workforce housing units serving those with
1536incomes above 120 percent of area median income, restrict rents
1537to those established by the corporation, not to exceed 30
1538percent of the maximum household income adjusted to unit size.
1539     (c)  Demonstrate that the applicant is a public-private
1540partnership.
1541     (d)  Have grants, donations of land, or contributions from
1542the public-private partnership or other sources collectively
1543totaling at least 15 percent of the total development cost. Such
1544grants, donations of land, or contributions must be evidenced by
1545a letter of commitment only at the time of application. Grants,
1546donations of land, or contributions in excess of 15 percent of
1547the development cost shall increase the application score.
1548     (e)  Demonstrate how the applicant will use the regulatory
1549incentives and financial strategies outlined in paragraph (7)(a)
1550from the local jurisdiction in which the proposed project is to
1551be located. The corporation may consult with the Department of
1552Community Affairs in evaluating the use of regulatory incentives
1553by applicants.
1554     (f)  Demonstrate that the applicant possesses title to or
1555site control of land and evidences availability of required
1556infrastructure.
1557     (g)  Demonstrate the applicant's affordable housing
1558development and management experience.
1559     (h)  Provide any research or facts available supporting the
1560demand and need for rental or home ownership workforce housing
1561for eligible persons in the market in which the project is
1562proposed.
1563     (11)  Projects may include manufactured housing constructed
1564after June 1994 and installed in accordance with mobile home
1565installation standards of the Department of Highway Safety and
1566Motor Vehicles.
1567     (12)  The corporation may adopt rules pursuant to ss.
1568120.536(1) and 120.54 to implement the provisions of this
1569section.
1570     (13)  The corporation may use a maximum of 2 percent of the
1571annual appropriation for administration and compliance
1572monitoring.
1573     (14)  The corporation shall review the success of the
1574Community Workforce Housing Innovation Pilot Program to
1575ascertain whether the projects financed by the program are
1576useful in meeting the housing needs of eligible areas. The
1577corporation shall submit its report and any recommendations
1578regarding the program to the Governor, the Speaker of the House
1579of Representatives, and the President of the Senate not later
1580than 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
15831631 and 1658A of the 2006-2007 General Appropriations Act,
1584section 420.55, Florida Statutes, is created to read:
1585     420.55  Housing; response to disasters.--
1586     (1)  The Florida Housing Finance Corporation is authorized
1587to provide funds to eligible entities for affordable housing
1588recovery in those areas of the state that sustained housing
1589damage due to hurricanes during 2004 and 2005. The Florida
1590Housing Finance Corporation shall use data provided by the
1591Federal Emergency Management Agency to assist in its allocation
1592of funds to local jurisdictions. To administer these programs,
1593the Florida Housing Finance Corporation shall be guided by the
1594"Hurricane Housing Work Group Recommendations to Assist in
1595Florida's Long-Term Housing Recovery Efforts" report dated
1596February 16, 2005.
1597     (2)  The Florida Housing Finance Corporation may adopt
1598emergency rules pursuant to s. 120.54 to administer these
1599programs. The Legislature finds that emergency rules adopted
1600under this section meet the health, safety, and welfare
1601requirements of s. 120.54(4) and that such emergency rulemaking
1602power is necessary for the preservation of the rights and
1603welfare of the people to provide additional funds to assist in
1604those counties that were declared eligible for disaster funding
1605pursuant to the hurricanes of 2004 and 2005 and that sustained
1606housing damage due to the storms. Therefore, in adopting the
1607emergency rules, the corporation need not make the findings
1608required by s. 120.54(4)(a). Emergency rules adopted under this
1609section 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
1612for salaries and benefits in the 2006-2007 General
1613Appropriations Act, notwithstanding the provisions of s.
1614110.1245(4), Florida Statutes, and for the 2006-2007 fiscal year
1615only, agencies may additionally use funds for cash awards to
1616state employees who demonstrate satisfactory service in the
1617agency or to the state, in appreciation and recognition of such
1618service. Awards may not exceed $100 to any employee and shall be
1619allocated from an agency's existing budget. An employee may not
1620receive awards pursuant to this section in excess of $100 total
1621during the fiscal year. By March 1, 2007, agencies that elect to
1622make cash awards shall report to the Governor and Cabinet, the
1623President of the Senate, and the Speaker of the House of
1624Representatives the dollar value and number of such awards
1625given. If available, any additional information concerning
1626employee satisfaction and feedback should be provided. This
1627section expires July 1, 2007.
1628     Section 50.  In order to implement Specific Appropriations
1629197, 213, 243, 474, and 2233A of the 2006-2007 General
1630Appropriations Act, the following textual errors in that act are
1631corrected:
1632     (1)  The reference in the second paragraph of the proviso
1633following Specific Appropriation 197 to "Specific Appropriation
1634196" is changed to "Specific Appropriation 197."
1635     (2)  The reference in the last paragraph of the proviso
1636following Specific Appropriation 213 to "Specific Appropriation
1637190" is changed to "Specific Appropriation 213."
1638     (3)(a)  The reductions referred to in the fourth paragraph
1639of the proviso following Specific Appropriation 243 are changed
1640from $1,741,389 from the General Revenue Fund and $2,509,581
1641from the Medical Care Trust Fund to $1,780,038 from the General
1642Revenue Fund and $2,564,649 from the Medical Care Trust Fund.
1643     (b)  The reductions referred to in the fifth paragraph of
1644the proviso following Specific Appropriation 243 are changed
1645from $1,160,926 from the General Revenue Fund and $1,673,054
1646from the Medical Care Trust Fund to $1,163,610 from the General
1647Revenue Fund and $1,676,879 from the Medical Care Trust Fund.
1648     (4)  The phrase "$3,300,000 from nonrecurring general
1649revenue funds" in the proviso immediately following Specific
1650Appropriation 474 is changed to "$300,000 from recurring general
1651revenue funds and $3,000,000 from nonrecurring general revenue
1652funds."
1653     (5)  The second reference to "Orlando" in the last
1654paragraph of the proviso following Specific Appropriation 2233A,
1655immediately preceding the sum of "21,618,950," is changed to
1656"Tampa."
1657     (6)  The reference in section 15 to "chapter 2004-269" is
1658changed to "chapter 2004-268."
1659     (7)  The phrase "Doral Municipal Park Improvement?City of
1660Doral" in the proviso immediately following Specific
1661Appropriation 1821 is changed to "Doral-Stormwater Drainage
1662Improvements."
1663     Section 51.  In order to implement the issuance of new debt
1664authorized in the 2006-2007 General Appropriations Act, and
1665pursuant to the requirements of s. 215.98, Florida Statutes, the
1666Legislature determines that the authorization and issuance of
1667debt for the 2006-2007 fiscal year is in the best interest of
1668the state and should be implemented.
1669     Section 52.  A section of this act that implements more
1670than one specific appropriation or more than one portion of
1671specifically identified proviso language in the 2006-2007
1672General Appropriations Act is void if all the specific
1673appropriations or portions of specifically identified proviso
1674language are vetoed.
1675     Section 53.  If any other act passed in 2006 contains a
1676provision that is substantively the same as a provision in this
1677act, but that removes or is otherwise not subject to the future
1678repeal applied to such provision by this act, the Legislature
1679intends that the provision in the other act shall take
1680precedence and shall continue to operate, notwithstanding the
1681future repeal provided by this act.
1682     Section 54.  The agency performance measures and standards
1683in the document entitled "Performance Measures and Standards
1684Approved by the Legislature for Fiscal Year 2006-2007" dated May
16852, 2006, and filed with the Clerk of the House of
1686Representatives are incorporated by reference. Such performance
1687measures and standards are directly linked to the appropriations
1688made in the General Appropriations Act for fiscal year 2006-
16892007, as required by the Government Performance and
1690Accountability Act of 1994. State agencies are directed to
1691revise their long-range program plans required under s. 216.013,
1692Florida Statutes, to be consistent with these performance
1693measures and standards.
1694     Section 55.  If any provision of this act or its
1695application to any person or circumstance is held invalid, the
1696invalidity does not affect other provisions or applications of
1697the act which can be given effect without the invalid provision
1698or application, and to this end the provisions of this act are
1699declared severable.
1700     Section 56.  Except as otherwise expressly provided in this
1701act, this act shall take effect July 1, 2006; or, if this act
1702fails to become a law until after that date, it shall take
1703effect upon becoming a law and shall operate retroactively to
1704July 1, 2006.


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