Senate Bill sb1094c1
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Florida Senate - 2007 CS for SB 1094
By the Committee on Criminal and Civil Justice Appropriations;
and Senator Crist
604-2230-07
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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Florida Senate - 2007 CS for SB 1094
604-2230-07
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.
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8 Be It Enacted by the Legislature of the State of Florida:
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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
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Florida Senate - 2007 CS for SB 1094
604-2230-07
1 2007-2008 General Appropriations Act, subsection (4) of
2 section 216.262, Florida Statutes, is amended to read:
3 216.262 Authorized positions.--
4 (4) Notwithstanding the provisions of this chapter on
5 increasing the number of authorized positions, and for the
6 2007-2008 2006-2007 fiscal year only, if the actual inmate
7 population of the Department of Corrections exceeds the inmate
8 population projections of the February 16, 2007 March 21,
9 2006, Criminal Justice Estimating Conference by 1 percent for
10 2 consecutive months or 2 percent for any month, the Executive
11 Office of the Governor, with the approval of the Legislative
12 Budget Commission, shall immediately notify the Criminal
13 Justice Estimating Conference, which shall convene as soon as
14 possible to revise the estimates. The Department of
15 Corrections may then submit a budget amendment requesting the
16 establishment of positions in excess of the number authorized
17 by the Legislature and additional appropriations from
18 unallocated general revenue sufficient to provide for
19 essential staff, fixed capital improvements, and other
20 resources to provide classification, security, food services,
21 health services, and other variable expenses within the
22 institutions to accommodate the estimated increase in the
23 inmate population. All actions taken pursuant to the authority
24 granted in this subsection shall be subject to review and
25 approval by the Legislative Budget Commission. This subsection
26 expires July 1, 2008 2007.
27 Section 4. In order to implement Specific
28 Appropriations 908, 913, 915, and 1161C through 1161AK of the
29 2007-2008 General Appropriations Act, paragraphs (c), (d), and
30 (e) are added to subsection (3) of section 216.292, Florida
31 Statutes, to read:
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Florida Senate - 2007 CS for SB 1094
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1 216.292 Appropriations nontransferable; exceptions.--
2 (3) The following transfers are authorized with the
3 approval of the Executive Office of the Governor for the
4 executive branch or the Chief Justice for the judicial branch,
5 subject to the notice and objection provisions of s. 216.177:
6 (c) The transfer of appropriations for operations from
7 general revenue between categories of appropriations within
8 each criminal conflict and civil regional counsel budget
9 entity. This paragraph expires July 1, 2008.
10 (d) The transfer of appropriations for operations from
11 general revenue between criminal conflict and civil regional
12 counsel budget entities. This paragraph expires July 1, 2008.
13 (e) The transfer of appropriations for operations from
14 general revenue between criminal conflict and civil regional
15 counsel budget entities and the child dependency and civil
16 conflict case appropriation category and the criminal conflict
17 case costs appropriation category within the Justice
18 Administrative Commission. This paragraph expires July 1,
19 2008.
20 Section 5. In order to implement Specific
21 Appropriations 1388 and 1389 of the 2007-2008 General
22 Appropriations Act, the Department of Legal Affairs is
23 authorized to expend appropriated funds in Specific
24 Appropriations 1388 and 1389 on the same programs that were
25 funded by the department pursuant to specific appropriations
26 made in general appropriations acts in prior years.
27 Section 6. In order to implement Specific
28 Appropriation 1297 of the 2007-2008 General Appropriations
29 Act, paragraph (d) of subsection (4) of section 932.7055,
30 Florida Statutes, is amended to read:
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Florida Senate - 2007 CS for SB 1094
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1 932.7055 Disposition of liens and forfeited
2 property.--
3 (4) The proceeds from the sale of forfeited property
4 shall be disbursed in the following priority:
5 (d) Notwithstanding any other provision of this
6 subsection, and for the 2007-2008 2006-2007 fiscal year only,
7 the funds in a special law enforcement trust fund established
8 by the governing body of a municipality may be expended to
9 reimburse the general fund of the municipality for moneys
10 advanced from the general fund to the special law enforcement
11 trust fund prior to October 1, 2001. This paragraph expires
12 July 1, 2008 2007.
13 Section 7. In order to implement the issuance of new
14 debt authorized in the 2007-2008 General Appropriations Act,
15 and pursuant to the requirements of s. 215.98, Florida
16 Statutes, the Legislature determines that the authorization
17 and issuance of debt for the 2007-2008 fiscal year is in the
18 best interest of the state and should be implemented.
19 Section 8. A section of this act that implements more
20 than one specific appropriation or more than one portion of
21 specifically identified proviso language in the 2007-2008
22 General Appropriations Act is void if all the specific
23 appropriations or portions of specifically identified proviso
24 language are vetoed.
25 Section 9. If any other act passed in 2007 contains a
26 provision that is substantively the same as a provision in
27 this act, but that removes or is otherwise not subject to the
28 future repeal applied to such provision by this act, the
29 Legislature intends that the provision in the other act shall
30 take precedence and shall continue to operate, notwithstanding
31 the future repeal provided by this act.
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Florida Senate - 2007 CS for SB 1094
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1 Section 10. If any provision of this act or its
2 application to any person or circumstance is held invalid, the
3 invalidity does not affect other provisions or applications of
4 the act which can be given effect without the invalid
5 provision or application, and to this end the provisions of
6 this act are severable.
7 Section 11. Except as otherwise expressly provided in
8 this act, this act shall take effect July 1, 2007; or, if this
9 act fails to become a law until after that date, it shall take
10 effect upon becoming a law and shall operate retroactively to
11 July 1, 2007.
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Florida Senate - 2007 CS for SB 1094
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1094
3
4 This bill provides statutory authority necessary to implement
and execute the General Appropriations Act for the 2007-2008
5 fiscal year. Such statutory changes are temporary and either
expire on July 1, 2008, or revert to the original language at
6 that time.
7 This bill amends the following sections of the Florida
Statutes: s.216.262, 216.292, and 932.7055, Florida Statutes.
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The provisions of this bill expire on July 1, 2008 and provide
9 legislative intent.
10 Provides legislative intent for specific appropriations,
authorizing the Departments of Corrections and Juvenile
11 Justice to defray local costs incurred at department-operated
facilities.
12
Amends current statute that directs appropriations to allow
13 the Governor's office to request additional positions and
other resources for the Department of Corrections if the
14 Criminal Justice Estimating Conference projects a certain
increase in the inmate population and the additional positions
15 are approved by the Legislative Budget Commission.
16 Allows for the transfer of appropriations from general revenue
between categories in the criminal conflict and civil regional
17 counsel budget entity. Also, authorizes the transfer of
appropriations between each of the criminal conflict and civil
18 regional counsel budget entities. In addition, authorizes
budget transfers between criminal conflict and civil regional
19 counsel budget entities and child dependency and civil
conflict cases within the Justice Administrative Commission.
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Authorizes the Department of Legal Affairs to use specific
21 appropriations on the same programs and in the same method as
was done in the 2006-2007 fiscal year.
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Allows for the 2007-2008 fiscal year only, a municipality to
23 expend funds in a special law enforcement trust fund to
reimburse the general fund for moneys advanced from the
24 general fund to the special law enforcement trust fund prior
to October 1, 2001.
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Declares legislative determination that debt for the 2007-2008
26 fiscal year is in the best interest of the state.
27 Finally, it includes technical changes that prevent any
section from taking effect if appropriation or proviso are
28 vetoed, designate permanent law changes as taking precedence,
and provide a severability clause and a contingent effective
29 date.
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