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