Senate Bill sb1110c1

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    Florida Senate - 2007                           CS for SB 1110

    By the Committee on General Government Appropriations; and
    Senator Alexander




    601-2188-07

  1                      A bill to be entitled

  2         An act implementing the 2007-2008 General

  3         Appropriations Act; providing legislative

  4         intent; authorizing the Executive Office of the

  5         Governor to transfer funds between departments

  6         for purposes of aligning amounts paid for risk

  7         management premiums and for purposes of

  8         aligning amounts paid for human resource

  9         management services; reenacting s. 287.17(3)(a)

10         and (6), F.S.; authorizing the use of state

11         aircraft for commuting; providing for the

12         future expiration of certain amendments to such

13         provisions; amending s. 255.249, F.S.;

14         requiring the Department of Management Services

15         to annually publish and furnish to the Governor

16         and the Legislature a master leasing report;

17         deleting provisions requiring the department to

18         submit a report of leases that are due to

19         expire and amendments and supplements to and

20         waivers of the terms and conditions of lease

21         agreements; requiring state agencies to provide

22         information concerning space needs to the

23         Department of Management Services; delaying the

24         expiration of provisions requiring that

25         specified clauses, which may not be amended,

26         supplemented, or waived, be included in the

27         terms and conditions of a lease; authorizing

28         the Department of Management Services to

29         contract for services in carrying out the

30         strategic leasing plan; providing for future

31         expiration of such provisions; amending s.

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 1         255.25, F.S.; authorizing state agencies to use

 2         the services of a tenant broker; authorizing

 3         the department to procure a term contract for

 4         real estate consulting and brokerage services;

 5         providing requirements for such contract;

 6         providing for future expiration of such

 7         provisions; requiring an annual report to the

 8         Legislature and the Governor; amending s.

 9         255.503, F.S.; requiring that the department

10         provide an analysis to the Legislature, the

11         Governor, and the Division of Bond Finance of

12         the State Board of Administration relating to

13         the disposition of a facility within the

14         Florida Facilities Pool; directing the

15         Department of Environmental Protection to make

16         specified awards of grant moneys for

17         pollution-control purposes; amending s.

18         320.08058, F.S.; revising requirements for

19         distributing the proceeds from the annual use

20         fee for the Florida panther license plate;

21         providing for future expiration of such

22         revision; amending s. 550.135, F.S.; revising

23         the distribution of revenues deposited into the

24         Pari-mutuel Wagering Trust Fund; providing for

25         such funds to be used for additional purposes

26         relating to the regulation of slot machine

27         gaming; requiring that certain unappropriated

28         funds be deposited into the General Revenue

29         Fund; providing for future expiration of such

30         provisions; amending s. 581.031, F.S.;

31         authorizing the Department of Agriculture and

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    Florida Senate - 2007                           CS for SB 1110
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 1         Consumer Services to conduct research projects

 2         concerning citrus disease; providing for future

 3         expiration of such authorization; amending s.

 4         570.20, F.S.; authorizing moneys in the General

 5         Inspection Trust Fund to be appropriated for

 6         certain programs operated by the Department of

 7         Agriculture and Consumer Services; providing a

 8         finding that the authorization and issuance of

 9         certain debt is in the best interest of the

10         state; providing for the effect of a veto of a

11         specific appropriation or proviso to which

12         implementing language refers; providing for the

13         continued operation of certain provisions

14         notwithstanding a future repeal or expiration

15         provided by the act; providing for

16         severability; providing effective dates.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  It is the intent of the Legislature that

21  the implementing and administering provisions of this act

22  apply to the General Appropriations Act for the 2007-2008

23  fiscal year.

24         Section 2.  In order to implement the appropriation of

25  funds in Special Categories-Risk Management Insurance of the

26  2007-2008 General Appropriations Act, and pursuant to the

27  notice, review, and objection procedures of s. 216.177,

28  Florida Statutes, the Executive Office of the Governor is

29  authorized to transfer funds appropriated in the appropriation

30  category "Special Categories-Risk Management Insurance" of the

31  2007-2008 General Appropriations Act between departments in

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    Florida Senate - 2007                           CS for SB 1110
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 1  order to align the budget authority granted with the premiums

 2  paid by each department for risk management insurance. This

 3  section expires July 1, 2008.

 4         Section 3.  In order to implement the appropriation of

 5  funds in Special Categories-Transfer to Department of

 6  Management Services-Human Resources Services Purchased Per

 7  Statewide Contract of the 2007-2008 General Appropriations

 8  Act, and pursuant to the notice, review, and objection

 9  procedures of s. 216.177, Florida Statutes, the Executive

10  Office of the Governor is authorized to transfer funds

11  appropriated in the appropriation category "Special

12  Categories-Transfer to Department of Management Services-Human

13  Resources Services Purchased Per Statewide Contract" of the

14  2007-2008 General Appropriations Act between departments in

15  order to align the budget authority granted with the

16  assessments that must be paid by each agency to the Department

17  of Management Services for human resource management services.

18  This section expires July 1, 2008.

19         Section 4.  In order to implement Specific

20  Appropriations 2942-2950 of the 2007-2008 General

21  Appropriations Act, paragraph (a) of subsection (3) and

22  subsection (6) of section 287.17, Florida Statutes, are

23  reenacted to read:

24         287.17  Limitation on use of motor vehicles and

25  aircraft.--

26         (3)

27         (a)  The term "official state business" may not be

28  construed to permit the use of a motor vehicle for commuting

29  purposes, unless special assignment of a motor vehicle is

30  authorized as a perquisite by the Department of Management

31  Services, required by an employee after normal duty hours to

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 1  perform duties of the position to which assigned, or

 2  authorized for an employee whose home is the official base of

 3  operation.

 4         (6)  It is the intention of the Legislature that

 5  persons traveling on state aircraft for purposes consistent

 6  with, but not necessarily constituting, official state

 7  business may travel only when accompanying persons who are

 8  traveling on official state business and that such persons

 9  shall pay the state for all costs associated with such travel.

10  Notwithstanding paragraph (3)(a), a person traveling on state

11  aircraft for purposes other than official state business shall

12  pay for any trip not exclusively for state business by paying

13  a prorated share of all fixed and variable expenses related to

14  the ownership, operation, and use of such aircraft.

15         Section 5.  The amendment of s. 287.17, Florida

16  Statutes, as carried forward by this act from chapters 2005-71

17  and 2006-26, Laws of Florida, shall expire July 1, 2008, and

18  the text of that section shall revert to that in existence on

19  June 30, 2005, except that any amendments to such text enacted

20  other than by chapters 2005-71 and 2006-26, Laws of Florida,

21  shall be preserved and continue to operate to the extent that

22  such amendments are not dependent upon the portions of such

23  text which expire pursuant to this section.

24         Section 6.  In order to implement Specific

25  Appropriations 2915-2928 of the 2007-2008 General

26  Appropriations Act, subsections (3) and (4) of section

27  255.249, Florida Statutes, are amended, and subsection (6) is

28  added to that section, to read:

29         255.249  Department of Management Services;

30  responsibility; department rules.--

31  

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    Florida Senate - 2007                           CS for SB 1110
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 1         (3)(a)  The department shall, to the extent feasible,

 2  coordinate the vacation of privately owned leased space with

 3  the expiration of the lease on that space and, when a lease is

 4  terminated before expiration of its base term, will make a

 5  reasonable effort to place another state agency in the space

 6  vacated. Any state agency may lease the space in any building

 7  that was subject to a lease terminated by a state agency for a

 8  period of time equal to the remainder of the base term without

 9  the requirement of competitive bidding.

10         (b)  The department shall annually publish a master

11  leasing report that lists, by agency, all leases that are due

12  to expire within 24 months. The annual report must include the

13  following information for each lease: location; size of leased

14  space; current cost per leased square foot; lease expiration

15  date; and a determination of whether sufficient state-owned

16  office space will be available at the expiration of the lease

17  to house affected employees. The report must also include a

18  list of amendments and supplements to and waivers of terms and

19  conditions in lease agreements that have been approved

20  pursuant to s. 255.25(2)(a) during the previous 12 months and

21  an associated comprehensive analysis, including financial

22  implications, showing that any amendment, supplement, or

23  waiver is in the state's long-term best interest. The

24  department shall furnish the master leasing this report to the

25  Executive Office of the Governor and the Legislature by

26  September 15 of each year which provides the following

27  information: This paragraph expires July 1, 2007.

28         1.  A list, by agency and by geographic market, of all

29  leases that are due to expire within 24 months.

30         2.  Details of each lease, including location, size,

31  cost per leased square foot, lease-expiration date, and a

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    Florida Senate - 2007                           CS for SB 1110
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 1  determination of whether sufficient state-owned office space

 2  will be available at the expiration of the lease to

 3  accommodate affected employees.

 4         3.  A list of amendments and supplements to and waivers

 5  of terms and conditions in lease agreements that have been

 6  approved pursuant to s. 255.25(2)(a) during the previous 12

 7  months and an associated comprehensive analysis, including

 8  financial implications, showing that any amendment,

 9  supplement, or waiver is in the state's long-term best

10  interest.

11         4.  Financial impacts to the pool rental rate due to

12  the sale, removal, acquisition, or construction of pool

13  facilities.

14         5.  Changes in occupancy rate, maintenance costs, and

15  efficiency costs of leases in the state portfolio. Changes to

16  occupancy costs in leased space by market and changes to space

17  consumption by agency and by market.

18         6.  An analysis of portfolio supply and demand.

19         7.  Cost-benefit analyses of acquisition, build, and

20  consolidation opportunities, recommendations for strategic

21  consolidation, and strategic recommendations for disposition,

22  acquisition, and building.

23         8.  The updated plan required by s. 255.25(4)(c).

24         (c)  By June 30 of each year, each state agency shall

25  annually provide to the department all information regarding

26  agency programs affecting the need for or use of space by that

27  agency, reviews of lease-expiration schedules for each

28  geographic area, active and planned full-time equivalent data,

29  business case analyses related to consolidation plans by an

30  agency, and current occupancy and relocation costs, inclusive

31  

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 1  of furnishings, fixtures and equipment, data, and

 2  communications.

 3         (4)  The department shall adopt promulgate rules

 4  pursuant to chapter 120 providing:

 5         (a)  Methods for accomplishing the duties outlined in

 6  subsection (1).

 7         (b)  Procedures for soliciting and accepting

 8  competitive proposals for leased space of 5,000 square feet or

 9  more in privately owned buildings, for evaluating the

10  proposals received, for exemption from competitive bidding

11  requirements of any lease the purpose of which is the

12  provision of care and living space for persons or emergency

13  space needs as provided in s. 255.25(10), and for the securing

14  of at least three documented quotes for a lease that is not

15  required to be competitively bid.

16         (c)  A standard method for determining square footage

17  or any other measurement used as the basis for lease payments

18  or other charges.

19         (d)  Methods of allocating space in both state-owned

20  office buildings and privately owned buildings leased by the

21  state based on use, personnel, and office equipment.

22         (e)1.  Acceptable terms and conditions for inclusion in

23  lease agreements.

24         2.  Such terms and conditions shall include, at a

25  minimum, the following clauses, which may not be amended,

26  supplemented, or waived:

27         a.  As provided in s. 255.2502, "The State of Florida's

28  performance and obligation to pay under this contract is

29  contingent upon an annual appropriation by the Legislature."

30         b.  "The Lessee shall have the right to terminate,

31  without penalty, this lease in the event a State-owned

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 1  building becomes available to the Lessee for occupancy in the

 2  County of ........, Florida, during the term of said lease for

 3  the purposes for which this space is being leased upon giving

 4  6 months' advance written notice to the Lessor by Certified

 5  Mail, Return Receipt Requested."

 6  

 7  This subparagraph expires July 1, 2008 2007.

 8         (f)  Maximum rental rates, by geographic areas or by

 9  county, for leasing privately owned space.

10         (g)  A standard method for the assessment of rent to

11  state agencies and other authorized occupants of state-owned

12  office space, notwithstanding the source of funds.

13         (h)  For full disclosure of the names and the extent of

14  interest of the owners holding a 4-percent or more interest in

15  any privately owned property leased to the state or in the

16  entity holding title to the property, for exemption from such

17  disclosure of any beneficial interest which is represented by

18  stock in any corporation registered with the Securities and

19  Exchange Commission or registered pursuant to chapter 517,

20  which stock is for sale to the general public, and for

21  exemption from such disclosure of any leasehold interest in

22  property located outside the territorial boundaries of the

23  United States.

24         (i)  For full disclosure of the names of all public

25  officials, agents, or employees holding any interest in any

26  privately owned property leased to the state or in the entity

27  holding title to the property, and the nature and extent of

28  their interest, for exemption from such disclosure of any

29  beneficial interest which is represented by stock in any

30  corporation registered with the Securities and Exchange

31  Commission or registered pursuant to chapter 517, which stock

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 1  is for sale to the general public, and for exemption from such

 2  disclosure of any leasehold interest in property located

 3  outside the territorial boundaries of the United States.

 4         (j)  A method for reporting leases for nominal or no

 5  consideration.

 6         (k)  For a lease of less than 5,000 square feet, a

 7  method for certification by the agency head or the agency

 8  head's designated representative that all criteria for leasing

 9  have been fully complied with and for the filing of a copy of

10  such lease and all supporting documents with the department

11  for its review and approval as to technical sufficiency.

12         (6)  The department may contract for real estate

13  consulting or tenant brokerage services in order to carry out

14  its duties relating to the strategic leasing plan. The

15  contract shall be procured pursuant to s. 287.057. The vendor

16  that is awarded the contract shall be compensated by the

17  department, subject to the provisions of the contract, and

18  such compensation is subject to appropriation by the

19  Legislature. The real estate consultant or tenant broker may

20  not receive compensation directly from a lessor for services

21  that are rendered pursuant to the contract. Moneys paid to the

22  real estate consultant or tenant broker are exempt from any

23  charge imposed under s. 287.1345. Moneys paid by a lessor to

24  the department under a facility-leasing arrangement are not

25  subject to the charges imposed under s. 215.20.

26         Section 7.  The amendments to s. 255.249, Florida

27  Statutes, made by this act shall expire July 1, 2008, and the

28  text of that section shall revert to that in existence on June

29  29, 2007, except that any amendments to such text enacted

30  other than by this act shall be preserved and continue to

31  operate to the extent that such amendments are not dependent

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 1  upon the portions of such text which expire pursuant to this

 2  section.

 3         Section 8.  In order to implement Specific

 4  Appropriations 2915-2928 of the 2007-2008 General

 5  Appropriations Act, paragraph (d) of subsection (2) and

 6  paragraph (c) of subsection (4) of section 255.25, Florida

 7  Statutes, are amended, and paragraphs (f) and (g) are added to

 8  subsection (3) of that section, to read:

 9         255.25  Approval required prior to construction or

10  lease of buildings.--

11         (2)

12         (d)  Notwithstanding paragraph (a) and except as

13  provided in ss. 255.249 and 255.2501, a state agency may not

14  lease a building or any part thereof unless prior approval of

15  the lease terms and conditions and of the need therefor is

16  first obtained from the Department of Management Services. The

17  department may not approve any term or condition in a lease

18  agreement which has been amended, supplemented, or waived

19  unless a comprehensive analysis, including financial

20  implications, demonstrates that such amendment, supplement, or

21  waiver is in the state's long-term best interest. Any approved

22  lease may include an option to purchase or an option to renew

23  the lease, or both, upon such terms and conditions as are

24  established by the department subject to final approval by the

25  head of the Department of Management Services and the

26  provisions of s. 255.2502. This paragraph expires July 1, 2008

27  2007.

28         (3)

29         (f)  Notwithstanding s. 287.056(1), a state agency may,

30  at the sole discretion of the agency head or his or her

31  designee, use the services of a tenant broker to assist with a

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 1  competitive solicitation undertaken by the agency. In making

 2  its determination whether to use a tenant broker, a state

 3  agency shall consult with the department. A state agency may

 4  not use the services of a tenant broker unless the tenant

 5  broker is under a term contract with the state which complies

 6  with paragraph (g). If a state agency uses the services of a

 7  tenant broker with respect to a transaction, the agency may

 8  not enter into a lease with any landlord to which the tenant

 9  broker is providing brokerage services for that transaction.

10         (g)  The Department of Management Services may,

11  pursuant to s. 287.042(2)(a), procure a term contract for real

12  estate consulting and brokerage services. A state agency may

13  not purchase services from the contract unless the contract

14  has been procured under s. 287.057(1), (2), or (3) after March

15  1, 2007, and contains the following provisions or

16  requirements:

17         1.  Awarded brokers must maintain an office or presence

18  in the market served. In awarding the contract, preference

19  must be given to brokers that are licensed in this state under

20  chapter 475 and that have 3 or more years of experience in the

21  market served. The contract may be made with up to three

22  tenant brokers in order to serve the marketplace in the north,

23  central, and south areas of the state.

24         2.  Each contracted tenant broker shall work under the

25  direction, supervision, and authority of the state agency,

26  subject to the rules governing lease procurements.

27         3.  The department shall provide training for the

28  awarded tenant brokers concerning the rules governing the

29  procurement of leases.

30         4.  Tenant brokers must comply with all applicable

31  provisions of s. 475.278.

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 1         5.  Real estate consultants and tenant brokers shall be

 2  compensated by the state agency, subject to the provisions of

 3  the term contract, and such compensation is subject to

 4  appropriation by the Legislature. A real estate consultant or

 5  tenant broker may not receive compensation directly from a

 6  lessor for services that are rendered under the term contract.

 7  Moneys paid to a real estate consultant or tenant broker are

 8  exempt from any charge imposed under s. 287.1345. Moneys paid

 9  by a lessor to the state agency under a facility leasing

10  arrangement are not subject to the charges imposed under s.

11  215.20. All terms relating to the compensation of the real

12  estate consultant or tenant broker shall be specified in the

13  term contract and may not be supplemented or modified by the

14  state agency using the contract.

15         6.  The department shall conduct periodic

16  customer-satisfaction surveys.

17         7.  Each state agency shall report the following

18  information to the department:

19         a.  The number of leases that adhere to the goal of the

20  workspace-management initiative of 180 square feet per FTE.

21         b.  The quality of space leased and the adequacy of

22  tenant-improvement funds.

23         c.  The timeliness of lease procurement, measured from

24  the date of the agency's request to the finalization of the

25  lease.

26         d.  Whether cost-benefit analyses were performed before

27  execution of the lease in order to ensure that the lease is in

28  the best interest of the state.

29         e.  The lease costs compared to market rates for

30  similar types and classifications of space according to the

31  

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 1  official classifications of the Building Owners and Managers

 2  Association.

 3         (4)

 4         (c)  Because the state has a substantial financial

 5  investment in state-owned buildings, it is legislative policy

 6  and intent that when state-owned buildings meet the needs of

 7  state agencies, agencies must fully use such buildings before

 8  leasing privately owned buildings. By September 15, 2006, the

 9  Department of Management Services shall create a 5-year plan

10  for implementing this policy. The department shall update this

11  plan annually, detailing proposed departmental actions to meet

12  the plan's goals and shall furnish this plan annually as part

13  of the master leasing report. The department shall furnish

14  this plan to the President of the Senate, the Speaker of the

15  House of Representatives, and the Executive Office of the

16  Governor by September 15 of each year. This paragraph expires

17  July 1, 2008 2007.

18         Section 9.  The amendments to s. 255.25, Florida

19  Statutes, made by this act shall expire July 1, 2008, and the

20  text of that section shall revert to that in existence on June

21  29, 2007, except that any amendments to such text enacted

22  other than by this act shall be preserved and continue to

23  operate to the extent that such amendments are not dependent

24  upon the portions of such text which expire pursuant to this

25  section.

26         Section 10.  In order to implement Specific

27  Appropriations 2915-2928 of the 2007-2008 General

28  Appropriations Act, subsection (7) of section 255.503, Florida

29  Statutes, is amended to read:

30         255.503  Powers of the Department of Management

31  Services.--The Department of Management Services shall have

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 1  all the authority necessary to carry out and effectuate the

 2  purposes and provisions of this act, including, but not

 3  limited to, the authority to:

 4         (7)(a)  Sell, lease, release, or otherwise dispose of

 5  facilities in the pool in accordance with applicable law.

 6         (b)  No later than the date upon which the department

 7  recommends to the Division of State Lands of the Department of

 8  Environmental Protection the disposition of any facility

 9  within the Florida Facilities Pool, the department shall

10  provide to the President of the Senate, the Speaker of the

11  House of Representatives, the Executive Office of the

12  Governor, and the Division of Bond Finance of the State Board

13  of Administration an analysis that includes:

14         1.  The cost benefit of the proposed facility

15  disposition, including the facility's current operating

16  expenses, condition, and market value, and viable alternatives

17  for work space for impacted state employees.

18         2.  The effect of the proposed facility disposition on

19  the financial status of the Florida Facilities Pool, including

20  the effect on rental rates and coverage requirement for the

21  bonds.

22  

23  This paragraph expires July 1, 2008 2007.

24         Section 11.  Notwithstanding s. 403.7095, Florida

25  Statutes, in order to implement Specific Appropriation 1907 of

26  the 2007-2008 General Appropriations Act, the Department of

27  Environmental Protection shall award:

28         (1)  $6,500,000 in grants equally to counties having

29  populations of fewer than 100,000 for waste tire, litter

30  prevention, recycling and education, and general solid waste

31  programs.

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 1         (2)  $2,941,932 to be used for Innovative Grants.

 2  

 3  This section expires July 1, 2008.

 4         Section 12.  Subsection (5) of section 320.08058,

 5  Florida Statutes, is amended to read:

 6         320.08058  Specialty license plates.--

 7         (5)  FLORIDA PANTHER LICENSE PLATES.--

 8         (a)  The department shall develop a Florida panther

 9  license plate as provided in this section.  Florida panther

10  license plates must bear the design of a Florida panther and

11  the colors that department approves.  In small letters, the

12  word "Florida" must appear at the bottom of the plate.

13         (b)  The department shall distribute the Florida

14  panther license plate annual use fee to in the following

15  manner:

16         1.  Eighty-five percent must be deposited in the

17  Florida Panther Research and Management Trust Fund in the Fish

18  and Wildlife Conservation Commission to be used for education

19  and programs to protect the endangered Florida panther.

20         2.  Fifteen percent, but no less than $300,000, must be

21  deposited in the Florida Communities Trust Fund to be used

22  pursuant to the Florida Communities Trust Act.

23         (c)  A person or corporation that purchases 10,000 or

24  more panther license plates shall pay an annual use fee of $5

25  per plate and an annual processing fee of $2 per plate, in

26  addition to the applicable license tax required under s.

27  320.08.

28         Section 13.  The amendments to s. 320.08058, Florida

29  Statutes, made by this act shall expire July 1, 2008, and the

30  text of that section shall revert to that in existence on June

31  29, 2007, except that any amendments to such text enacted

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 1  other than by this act shall be preserved and continue to

 2  operate to the extent that such amendments are not dependent

 3  upon the portions of the text which expire pursuant to this

 4  section.

 5         Section 14.  Section 550.135, Florida Statutes, is

 6  amended to read:

 7         550.135  Division of moneys derived under this

 8  law.--All moneys that are deposited with the Chief Financial

 9  Officer to the credit of the Pari-mutuel Wagering Trust Fund

10  shall be distributed as follows:

11         (1)(a)  The daily license fee revenues collected

12  pursuant to this chapter s. 550.0951(1) shall be used to fund

13  the operating cost of the division and to provide a

14  proportionate share for of the operation of the office of the

15  secretary and the Division of Administration of the Department

16  of Business and Professional Regulation; however, other

17  collections in the Pari-mutuel Wagering Trust Fund may also be

18  used to fund the operation of the division in accordance with

19  authorized appropriations.

20         (b)  The revenues collected pursuant to chapter 551

21  shall be used to fund the operating costs of the division and

22  the Department of Law Enforcement in carrying out regulation

23  and enforcement activities with respect to slot machine gaming

24  and to provide a proportionate share for the operation of the

25  office of the secretary and the Division of Administration of

26  the Department of Business and Professional Regulation.

27         (2)(a)  On June 30 of each year, all unappropriated

28  funds collected pursuant to this chapter in excess of $1.5

29  million in the Pari-mutuel Wagering Trust Fund shall be

30  deposited with the Chief Financial Officer to the credit of

31  the General Revenue Fund.

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 1         (b)  On June 30 of each year, all unappropriated funds

 2  collected pursuant to chapter 551 in excess of the sum of the

 3  amounts appropriated in the General Appropriations Act for the

 4  following fiscal year for the uses permitted in subsection (1)

 5  shall be deposited with the Chief Financial Officer to the

 6  credit of the General Revenue Fund.

 7         Section 15.  The amendments to s. 550.135, Florida

 8  Statutes, made by this act shall expire July 1, 2008, and the

 9  text of that section shall revert to that in existence on June

10  29, 2007, except that any amendments to such text enacted

11  other than by this act shall be preserved and continue to

12  operate to the extent that such amendments are not dependent

13  upon the portions of the text which expire pursuant to this

14  section.

15         Section 16.  Subsection (32) is added to section

16  581.031, Florida Statutes, to read:

17         581.031  Department; powers and duties.--The department

18  has the following powers and duties:

19         (32)  To conduct or cause to be conducted those

20  research projects on citrus disease, including, but not

21  limited to, citrus canker and citrus greening, which are

22  recommended by the Florida Citrus Production Research Advisory

23  Council, within the limits of appropriations made specifically

24  for such purpose. This subsection expires July 1, 2008.

25         Section 17.  In order to implement Specific

26  Appropriations 1426-1600 of the 2007-2008 General

27  Appropriations Act, section 570.20, Florida Statutes, is

28  amended to read:

29         570.20  General Inspection Trust Fund.--

30         (1)  All donations and all inspection fees and other

31  funds authorized and received from whatever source in the

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 1  enforcement of the inspection laws administered by the

 2  department shall be paid into the General Inspection Trust

 3  Fund of Florida, which is created in the office of the Chief

 4  Financial Officer.  All expenses incurred in carrying out the

 5  provisions of the inspection laws shall be paid from this fund

 6  as other funds are paid from the State Treasury.  A percentage

 7  of all revenue deposited in this fund, including transfers

 8  from any subsidiary accounts, shall be deposited in the

 9  General Revenue Fund pursuant to chapter 215, except that

10  funds collected for marketing orders shall pay at the rate of

11  3 percent.

12         (2)  For the 2007-2008 fiscal year only and

13  notwithstanding any other provision of law to the contrary, in

14  addition to the spending authorized in subsection (1), moneys

15  in the General Inspection Trust Fund may be appropriated for

16  programs operated by the department which are related to the

17  programs authorized by this chapter. This subsection expires

18  July 1, 2008.

19         Section 18.  In order to implement the issuance of new

20  debt authorized in the 2007-2008 General Appropriations Act,

21  and pursuant to the requirements of s. 215.98, Florida

22  Statutes, the Legislature determines that the authorization

23  and issuance of debt for the 2007-2008 fiscal year is in the

24  best interest of the state and should be implemented.

25         Section 19.  A section of this act that implements more

26  than one specific appropriation or more than one portion of

27  specifically identified proviso language in the 2007-2008

28  General Appropriations Act is void if all the specific

29  appropriations or portions of specifically identified proviso

30  language are vetoed.

31  

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 1         Section 20.  If any other act passed in 2007 contains a

 2  provision that is substantively the same as a provision in

 3  this act, but that removes or is otherwise not subject to the

 4  future repeal applied to such provision by this act, the

 5  Legislature intends that the provision in the other act shall

 6  take precedence and shall continue to operate, notwithstanding

 7  the future repeal provided by this act.

 8         Section 21.  If any provision of this act or its

 9  application to any person or circumstance is held invalid, the

10  invalidity does not affect other provisions or applications of

11  the act which can be given effect without the invalid

12  provision or application, and to this end the provisions of

13  this act are severable.

14         Section 22.  Except as otherwise expressly provided in

15  this act, this act shall take effect June 30, 2007; or, if

16  this act fails to become a law until after that date, it shall

17  take effect upon becoming a law and shall operate

18  retroactively to June 30, 2007.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1110

 3                                 

 4  Allows the Executive Office of the Governor to transfer
    between departments funds appropriated for the payment of risk
 5  management insurance premiums and statewide human resource
    management services.
 6  
    Limits the use of state-owned motor vehicles and aircraft to
 7  "official state business" and provides for the reimbursement
    of aircraft costs if used for other purposes.
 8  
    Amends the Department of Management Services' responsibility
 9  pertaining to public property and publicly owned buildings.

10  Allows state agencies to use the services of a tenant broker
    and prohibits the direct payment of transaction fees from the
11  lessor to the tenant broker.

12  Requires the  Department of Management Services to submit an
    analysis of the disposition of all state-owned facilities.
13  
    Requires the Department of Environmental Protection to award
14  $6.5 million in solid waste management grants to small
    counties and $2.9 million in Innovative Grants.
15  
    Provides that all funds from the Florida panther license plate
16  be deposited in the Florida Panther Research and Management
    Trust Fund within the Fish and Wildlife Conservation
17  Commission, to be used for programs to protect the endangered
    Florida panther.
18  
    Requires that revenues collected pursuant to ch. 551, F.S., be
19  used to fund the operating costs of the Department of Business
    and Professional Regulation and the Department of Law
20  Enforcement, for regulation and enforcement of slot machine
    gaming.
21  
    Requires the Department of Agriculture and Consumer Services
22  to conduct research projects on citrus disease as recommended
    by the Florida Citrus Production Research Advisory Council.
23  
    Authorizes moneys in the General Inspection Trust Fund to be
24  appropriated for certain programs operated by the Department
    of Agriculture and Consumer Services.
25  
    Declares legislative determination that the authorization and
26  issuance of debt for the 2007-2008 fiscal year is in the best
    interest of the state and should be implemented.
27  

28  

29  

30  

31  

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