Florida Senate - 2007            PROPOSED COMMITTEE SUBSTITUTE
    Bill No. SB 1094
                        Barcode 121288   Comm: FAV  03/28/2007 10:44 AM       
    604-1949C-07
    Proposed Committee Substitute by the Committee on Criminal and
    Civil Justice Appropriations
 1                      A bill to be entitled
 2         An act implementing the 2007-2008 General
 3         Appropriations Act; providing legislative
 4         intent; authorizing the Department of
 5         Corrections and the Department of Juvenile
 6         Justice to make certain expenditures to defray
 7         costs incurred by a municipality or county as a
 8         result of opening or operating a facility under
 9         authority of the respective department;
10         amending s. 216.262, F.S.; providing for
11         additional positions to operate additional
12         prison bed capacity under certain
13         circumstances; amending s. 216.292, F.S.;
14         authorizing certain transfers of appropriations
15         for operations from general revenue between
16         budget categories and entities of the criminal
17         conflict and civil regional counsels and the
18         budget category for child dependency and civil
19         conflict cases within the Justice
20         Administrative Commission; providing for future
21         expiration of such provisions; authorizing the
22         Department of Legal Affairs to expend
23         appropriated funds on programs funded in the
24         preceding fiscal year; amending s. 932.7055,
25         F.S.; providing for the expenditure of funds in
26         a special law enforcement trust fund
27         established by the governing body of a
28         municipality; providing a finding that the
29         authorization and issuance of certain debt is
30         in the best interest of the state; providing
31         for the effect of a veto of a specific
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    9:12 AM   03/23/07                             s1094p-ja00-j03

Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1094 Barcode 121288 604-1949C-07 1 appropriation or proviso to which implementing 2 language refers; providing for the continued 3 operation of certain provisions notwithstanding 4 a future repeal or expiration provided by the 5 act; providing for severability; providing 6 effective dates. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. It is the intent of the Legislature that 11 the implementing and administering provisions of this act 12 apply to the General Appropriations Act for the 2007-2008 13 fiscal year. 14 Section 2. In order to fulfill legislative intent 15 regarding the use of funds contained in Specific 16 Appropriations 741, 755, 766, and 1232 of the 2007-2008 17 General Appropriations Act, the Department of Corrections and 18 the Department of Juvenile Justice may expend appropriated 19 funds to assist in defraying the costs of impacts that are 20 incurred by a municipality or county and associated with 21 opening or operating a facility under the authority of the 22 respective department which is located within that 23 municipality or county. The amount that is to be paid under 24 this section for any facility may not exceed 1 percent of the 25 facility construction cost, less building impact fees imposed 26 by the municipality or by the county if the facility is 27 located in the unincorporated portion of the county. This 28 section expires July 1, 2008. 29 Section 3. In order to implement Specific 30 Appropriations 730 through 830 and 868 through 899 of the 31 2007-2008 General Appropriations Act, subsection (4) of 2 9:12 AM 03/23/07 s1094p-ja00-j03
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1094 Barcode 121288 604-1949C-07 1 section 216.262, Florida Statutes, is amended to read: 2 216.262 Authorized positions.-- 3 (4) Notwithstanding the provisions of this chapter on 4 increasing the number of authorized positions, and for the 5 2007-2008 2006-2007 fiscal year only, if the actual inmate 6 population of the Department of Corrections exceeds the inmate 7 population projections of the March 21, 2007 2006, Criminal 8 Justice Estimating Conference by 1 percent for 2 consecutive 9 months or 2 percent for any month, the Executive Office of the 10 Governor, with the approval of the Legislative Budget 11 Commission, shall immediately notify the Criminal Justice 12 Estimating Conference, which shall convene as soon as possible 13 to revise the estimates. The Department of Corrections may 14 then submit a budget amendment requesting the establishment of 15 positions in excess of the number authorized by the 16 Legislature and additional appropriations from unallocated 17 general revenue sufficient to provide for essential staff, 18 fixed capital improvements, and other resources to provide 19 classification, security, food services, health services, and 20 other variable expenses within the institutions to accommodate 21 the estimated increase in the inmate population. All actions 22 taken pursuant to the authority granted in this subsection 23 shall be subject to review and approval by the Legislative 24 Budget Commission. This subsection expires July 1, 2008 2007. 25 Section 4. In order to implement Specific 26 Appropriations 908, 913, 915, and 1161C through 1161AK of the 27 2007-2008 General Appropriations Act, paragraphs (c), (d), and 28 (e) are added to subsection (3) of section 216.292, Florida 29 Statutes, to read: 30 216.292 Appropriations nontransferable; exceptions.-- 31 (3) The following transfers are authorized with the 3 9:12 AM 03/23/07 s1094p-ja00-j03
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1094 Barcode 121288 604-1949C-07 1 approval of the Executive Office of the Governor for the 2 executive branch or the Chief Justice for the judicial branch, 3 subject to the notice and objection provisions of s. 216.177: 4 (c) The transfer of appropriations for operations from 5 general revenue between categories of appropriations within 6 each criminal conflict and civil regional counsel budget 7 entity. This paragraph expires July 1, 2008. 8 (d) The transfer of appropriations for operations from 9 general revenue between criminal conflict and civil regional 10 counsel budget entities. This paragraph expires July 1, 2008. 11 (e) The transfer of appropriations for operations from 12 general revenue between criminal conflict and civil regional 13 counsel budget entities and the child dependency and civil 14 conflict case appropriation category and the criminal conflict 15 case costs appropriation category within the Justice 16 Administrative Commission. This paragraph expires July 1, 17 2008. 18 Section 5. In order to implement Specific 19 Appropriations 1388 and 1389 of the 2007-2008 General 20 Appropriations Act, the Department of Legal Affairs is 21 authorized to expend appropriated funds in Specific 22 Appropriations 1388 and 1389 on the same programs that were 23 funded by the department pursuant to specific appropriations 24 made in general appropriations acts in prior years. 25 Section 6. In order to implement Specific 26 Appropriation 1297 of the 2007-2008 General Appropriations 27 Act, paragraph (d) of subsection (4) of section 932.7055, 28 Florida Statutes, is amended to read: 29 932.7055 Disposition of liens and forfeited 30 property.-- 31 (4) The proceeds from the sale of forfeited property 4 9:12 AM 03/23/07 s1094p-ja00-j03
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1094 Barcode 121288 604-1949C-07 1 shall be disbursed in the following priority: 2 (d) Notwithstanding any other provision of this 3 subsection, and for the 2007-2008 2006-2007 fiscal year only, 4 the funds in a special law enforcement trust fund established 5 by the governing body of a municipality may be expended to 6 reimburse the general fund of the municipality for moneys 7 advanced from the general fund to the special law enforcement 8 trust fund prior to October 1, 2001. This paragraph expires 9 July 1, 2008 2007. 10 Section 7. In order to implement the issuance of new 11 debt authorized in the 2007-2008 General Appropriations Act, 12 and pursuant to the requirements of s. 215.98, Florida 13 Statutes, the Legislature determines that the authorization 14 and issuance of debt for the 2007-2008 fiscal year is in the 15 best interest of the state and should be implemented. 16 Section 8. A section of this act that implements more 17 than one specific appropriation or more than one portion of 18 specifically identified proviso language in the 2007-2008 19 General Appropriations Act is void if all the specific 20 appropriations or portions of specifically identified proviso 21 language are vetoed. 22 Section 9. If any other act passed in 2007 contains a 23 provision that is substantively the same as a provision in 24 this act, but that removes or is otherwise not subject to the 25 future repeal applied to such provision by this act, the 26 Legislature intends that the provision in the other act shall 27 take precedence and shall continue to operate, notwithstanding 28 the future repeal provided by this act. 29 Section 10. If any provision of this act or its 30 application to any person or circumstance is held invalid, the 31 invalidity does not affect other provisions or applications of 5 9:12 AM 03/23/07 s1094p-ja00-j03
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 1094 Barcode 121288 604-1949C-07 1 the act which can be given effect without the invalid 2 provision or application, and to this end the provisions of 3 this act are severable. 4 Section 11. Except as otherwise expressly provided in 5 this act, this act shall take effect July 1, 2007; or, if this 6 act fails to become a law until after that date, it shall take 7 effect upon becoming a law and shall operate retroactively to 8 July 1, 2007. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 9:12 AM 03/23/07 s1094p-ja00-j03