Senate Bill sb2802e1
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SB 2802 First Engrossed
1 A bill to be entitled
2 An act implementing the 2007-2008 General
3 Appropriations Act; providing legislative
4 intent; providing for use of specified
5 calculations with respect to the Florida
6 Education Finance Program; requiring that funds
7 appropriated for forensic mental health
8 treatment services be allocated to the areas of
9 the state having the greatest demand for
10 services and treatment capacity; requiring the
11 Department of Children and Family Services to
12 ensure that certain information regarding child
13 welfare cases is entered into the Florida Safe
14 Families Network; requiring that the department
15 coordinate with the Office of the State Courts
16 Administrator and the Statewide Guardian Ad
17 Litem Office in order to provide judges,
18 magistrates, and guardians ad litem with access
19 to such information; requiring that the
20 department report its progress on providing
21 such access to the Governor and Legislature;
22 providing for future expiration; amending s.
23 253.03, F.S.; requiring the Department of
24 Environmental Protection to lease the South
25 Florida Evaluation and Treatment Center to
26 Miami-Dade County for a specified term;
27 requiring Miami-Dade County to sublease the
28 facility to the existing lessee until the new
29 South Florida Evaluation and Treatment Center
30 is completed; authorizing the Department of
31 Corrections and the Department of Juvenile
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SB 2802 First Engrossed
1 Justice to make certain expenditures to defray
2 costs incurred by a municipality or county as a
3 result of opening or operating a facility under
4 authority of the respective department;
5 amending s. 216.262, F.S.; providing for
6 additional positions to operate additional
7 prison bed capacity under certain
8 circumstances; amending s. 216.292, F.S.;
9 authorizing certain transfers of appropriations
10 for operations from general revenue between
11 budget categories and entities of the criminal
12 conflict and civil regional counsels and the
13 budget category for child dependency and civil
14 conflict cases within the Justice
15 Administrative Commission; providing for future
16 expiration of such provisions; authorizing the
17 Department of Legal Affairs to expend
18 appropriated funds on programs funded in the
19 preceding fiscal year; amending s. 932.7055,
20 F.S.; providing for the expenditure of funds in
21 a special law enforcement trust fund
22 established by the governing body of a
23 municipality; authorizing the Executive Office
24 of the Governor to transfer funds between
25 departments for purposes of aligning amounts
26 paid for risk management premiums and for
27 purposes of aligning amounts paid for human
28 resource management services; reenacting s.
29 287.17(3)(a) and (6), F.S.; authorizing the use
30 of state aircraft for commuting; providing for
31 the future expiration of certain amendments to
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SB 2802 First Engrossed
1 such provisions; amending s. 255.249, F.S.;
2 requiring the Department of Management Services
3 to annually publish and furnish to the Governor
4 and the Legislature a master leasing report;
5 deleting provisions requiring the department to
6 submit a report of leases that are due to
7 expire and amendments and supplements to and
8 waivers of the terms and conditions of lease
9 agreements; requiring state agencies to provide
10 information concerning space needs to the
11 Department of Management Services; delaying the
12 expiration of provisions requiring that
13 specified clauses, which may not be amended,
14 supplemented, or waived, be included in the
15 terms and conditions of a lease; authorizing
16 the Department of Management Services to
17 contract for services in carrying out the
18 strategic leasing plan; providing for future
19 expiration of such provisions; amending s.
20 255.25, F.S.; authorizing state agencies to use
21 the services of a tenant broker; authorizing
22 the department to procure a term contract for
23 real estate consulting and brokerage services;
24 providing requirements for such contract;
25 providing for future expiration of such
26 provisions; requiring an annual report to the
27 Legislature and the Governor; amending s.
28 255.503, F.S.; requiring that the department
29 provide an analysis to the Legislature, the
30 Governor, and the Division of Bond Finance of
31 the State Board of Administration relating to
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SB 2802 First Engrossed
1 the disposition of a facility within the
2 Florida Facilities Pool; directing the
3 Department of Environmental Protection to make
4 specified awards of grant moneys for
5 pollution-control purposes; amending s.
6 320.08058, F.S.; revising requirements for
7 distributing the proceeds from the annual use
8 fee for the Florida panther license plate;
9 providing for future expiration of such
10 revision; amending s. 550.135, F.S.; revising
11 the distribution of revenues deposited into the
12 Pari-mutuel Wagering Trust Fund; providing for
13 such funds to be used for additional purposes
14 relating to the regulation of slot machine
15 gaming; requiring that certain unappropriated
16 funds be deposited into the General Revenue
17 Fund; providing for future expiration of such
18 provisions; amending s. 581.031, F.S.;
19 authorizing the Department of Agriculture and
20 Consumer Services to conduct research projects
21 concerning citrus disease; providing for future
22 expiration of such authorization; amending s.
23 570.20, F.S.; authorizing moneys in the General
24 Inspection Trust Fund to be appropriated for
25 certain programs operated by the Department of
26 Agriculture and Consumer Services; amending s.
27 320.08058, F.S.; authorizing proceeds from the
28 Professional Sports Development Trust Fund to
29 be used for operational expenses of the Florida
30 Sports Foundation and financial support of the
31 Sunshine State Games; amending s. 253.034,
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SB 2802 First Engrossed
1 F.S.; authorizing the deposit of funds from the
2 sale of property located in Palm Beach County
3 into the Highway Safety Operating Trust Fund by
4 the Department of Highway Safety and Motor
5 Vehicles; amending s. 311.22, F.S.; prescribing
6 the required matching funds for dredging
7 projects that meet specified conditions;
8 extending the period for a local government to
9 apply to the Executive Office of the Governor
10 for a waiver of certain requirements governing
11 matching funding for public assistance
12 projects; providing a finding that the
13 authorization and issuance of certain debt is
14 in the best interest of the state; providing
15 for the effect of a veto of one or more
16 specific appropriations or proviso to which
17 implementing language refers; providing for the
18 continued operation of certain provisions
19 notwithstanding a future repeal or expiration
20 provided by the act; providing for
21 severability; providing effective dates.
22
23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. It is the intent of the Legislature that
26 the implementing and administering provisions of this act
27 apply to the General Appropriations Act for the 2007-2008
28 fiscal year.
29 Section 2. In order to implement Specific
30 Appropriations 7, 8, and 86 through 91 of the 2007-2008
31 General Appropriations Act, the calculations of the Florida
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SB 2802 First Engrossed
1 Education Finance Program for the 2007-2008 fiscal year in the
2 document entitled "Public School Funding--The Florida
3 Education Finance Program" dated _________, and filed with the
4 Secretary of the Senate are incorporated by reference for the
5 purpose of displaying the calculations used by the
6 Legislature, consistent with the requirements of the Florida
7 Statutes, in making appropriations for the Florida Education
8 Finance Program.
9 Section 3. In order to implement Specific
10 Appropriation 388 of the 2007-2008 General Appropriations Act,
11 and notwithstanding s. 394.908(3)(a) and (b), Florida
12 Statutes, funds appropriated for forensic mental health
13 treatment services in Specific Appropriation 388 shall be
14 allocated to the areas of the state having the greatest demand
15 for services and treatment capacity. This section expires July
16 1, 2008.
17 Section 4. In order to implement Specific
18 Appropriations 311 and 321 of the 2007-2008 General
19 Appropriations Act, the Department of Children and Family
20 Services shall ensure that all public and private agencies and
21 institutions participating in child welfare cases enter
22 information specified by rule of the department into the
23 Florida Safe Families Network in order to maintain the
24 accuracy and usefulness of the system. The Florida Safe
25 Families Network is intended to be the department's automated
26 child welfare case-management system designed to provide child
27 welfare workers with a mechanism for managing child welfare
28 cases more efficiently and tracking children and families more
29 effectively. The department shall coordinate with the Office
30 of the State Courts Administrator and the Statewide Guardian
31 Ad Litem Office for the purpose of providing any judge or
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SB 2802 First Engrossed
1 magistrate and any guardian ad litem assigned to a dependency
2 court case with access to information in the Florida Safe
3 Families Network relating to a child welfare case which is
4 required to be filed with the court pursuant to chapter 39,
5 Florida Statutes, by the date of the network's release during
6 the 2007-2008 fiscal year. The department shall report to the
7 Governor, the President of the Senate, and the Speaker of the
8 House of Representatives by February 1, 2008, with respect to
9 progress on providing access to the Florida Safe Families
10 Network as provided in this section. This section expires July
11 1, 2008.
12 Section 5. In order to implement Specific
13 Appropriation 467 of the 2007-2008 General Appropriations Act,
14 subsection (17) is added to section 253.03, Florida Statutes,
15 to read:
16 253.03 Board of trustees to administer state lands;
17 lands enumerated.--
18 (17) Notwithstanding subsections (1)-(16), for the
19 2007-2008 fiscal year only, and upon approval of the Board of
20 Trustees of the Internal Improvement Trust Fund if necessary,
21 the Division of State Lands of the Department of Environmental
22 Protection shall lease the existing South Florida Evaluation
23 and Treatment Center complex in Miami-Dade County, currently
24 under lease to the Department of Children and Family Services,
25 to Miami-Dade County for the amount of $1 per year for 99
26 years to be used by the county for its expanded jail diversion
27 program. The lease of the property shall take place in the
28 2007-2008 fiscal year, and Miami-Dade County shall sublease
29 the facility to the existing lessee for $1 per year until the
30 new South Florida Evaluation and Treatment Center is completed
31 on or about April 2008. This subsection expires July 1, 2008.
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SB 2802 First Engrossed
1 Section 6. In order to fulfill legislative intent
2 regarding the use of funds contained in Specific
3 Appropriations 741, 755, 766, and 1232 of the 2007-2008
4 General Appropriations Act, the Department of Corrections and
5 the Department of Juvenile Justice may expend appropriated
6 funds to assist in defraying the costs of impacts that are
7 incurred by a municipality or county and associated with
8 opening or operating a facility under the authority of the
9 respective department which is located within that
10 municipality or county. The amount that is to be paid under
11 this section for any facility may not exceed 1 percent of the
12 facility construction cost, less building impact fees imposed
13 by the municipality or by the county if the facility is
14 located in the unincorporated portion of the county. This
15 section expires July 1, 2008.
16 Section 7. In order to implement Specific
17 Appropriations 730 through 830 and 868 through 899 of the
18 2007-2008 General Appropriations Act, subsection (4) of
19 section 216.262, Florida Statutes, is amended to read:
20 216.262 Authorized positions.--
21 (4) Notwithstanding the provisions of this chapter on
22 increasing the number of authorized positions, and for the
23 2007-2008 2006-2007 fiscal year only, if the actual inmate
24 population of the Department of Corrections exceeds the inmate
25 population projections of the February 16, 2007 March 21,
26 2006, Criminal Justice Estimating Conference by 1 percent for
27 2 consecutive months or 2 percent for any month, the Executive
28 Office of the Governor, with the approval of the Legislative
29 Budget Commission, shall immediately notify the Criminal
30 Justice Estimating Conference, which shall convene as soon as
31 possible to revise the estimates. The Department of
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SB 2802 First Engrossed
1 Corrections may then submit a budget amendment requesting the
2 establishment of positions in excess of the number authorized
3 by the Legislature and additional appropriations from
4 unallocated general revenue sufficient to provide for
5 essential staff, fixed capital improvements, and other
6 resources to provide classification, security, food services,
7 health services, and other variable expenses within the
8 institutions to accommodate the estimated increase in the
9 inmate population. All actions taken pursuant to the authority
10 granted in this subsection shall be subject to review and
11 approval by the Legislative Budget Commission. This subsection
12 expires July 1, 2008 2007.
13 Section 8. In order to implement Specific
14 Appropriations 908, 913, 915, and 1161C through 1161AK of the
15 2007-2008 General Appropriations Act, paragraphs (c), (d), and
16 (e) are added to subsection (3) of section 216.292, Florida
17 Statutes, to read:
18 216.292 Appropriations nontransferable; exceptions.--
19 (3) The following transfers are authorized with the
20 approval of the Executive Office of the Governor for the
21 executive branch or the Chief Justice for the judicial branch,
22 subject to the notice and objection provisions of s. 216.177:
23 (c) The transfer of appropriations for operations from
24 general revenue between categories of appropriations within
25 each criminal conflict and civil regional counsel budget
26 entity. This paragraph expires July 1, 2008.
27 (d) The transfer of appropriations for operations from
28 general revenue between criminal conflict and civil regional
29 counsel budget entities. This paragraph expires July 1, 2008.
30 (e) The transfer of appropriations for operations from
31 general revenue between criminal conflict and civil regional
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SB 2802 First Engrossed
1 counsel budget entities and the child dependency and civil
2 conflict case appropriation category and the criminal conflict
3 case costs appropriation category within the Justice
4 Administrative Commission. This paragraph expires July 1,
5 2008.
6 Section 9. In order to implement Specific
7 Appropriations 1388 and 1389 of the 2007-2008 General
8 Appropriations Act, the Department of Legal Affairs is
9 authorized to expend appropriated funds in Specific
10 Appropriations 1388 and 1389 on the same programs that were
11 funded by the department pursuant to specific appropriations
12 made in general appropriations acts in prior years.
13 Section 10. In order to implement Specific
14 Appropriation 1297 of the 2007-2008 General Appropriations
15 Act, paragraph (d) of subsection (4) of section 932.7055,
16 Florida Statutes, is amended to read:
17 932.7055 Disposition of liens and forfeited
18 property.--
19 (4) The proceeds from the sale of forfeited property
20 shall be disbursed in the following priority:
21 (d) Notwithstanding any other provision of this
22 subsection, and for the 2007-2008 2006-2007 fiscal year only,
23 the funds in a special law enforcement trust fund established
24 by the governing body of a municipality may be expended to
25 reimburse the general fund of the municipality for moneys
26 advanced from the general fund to the special law enforcement
27 trust fund prior to October 1, 2001. This paragraph expires
28 July 1, 2008 2007.
29 Section 11. In order to implement the appropriation of
30 funds in Special Categories-Risk Management Insurance of the
31 2007-2008 General Appropriations Act, and pursuant to the
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SB 2802 First Engrossed
1 notice, review, and objection procedures of s. 216.177,
2 Florida Statutes, the Executive Office of the Governor is
3 authorized to transfer funds appropriated in the appropriation
4 category "Special Categories-Risk Management Insurance" of the
5 2007-2008 General Appropriations Act between departments in
6 order to align the budget authority granted with the premiums
7 paid by each department for risk management insurance. This
8 section expires July 1, 2008.
9 Section 12. In order to implement the appropriation of
10 funds in Special Categories-Transfer to Department of
11 Management Services-Human Resources Services Purchased Per
12 Statewide Contract of the 2007-2008 General Appropriations
13 Act, and pursuant to the notice, review, and objection
14 procedures of s. 216.177, Florida Statutes, the Executive
15 Office of the Governor is authorized to transfer funds
16 appropriated in the appropriation category "Special
17 Categories-Transfer to Department of Management Services-Human
18 Resources Services Purchased Per Statewide Contract" of the
19 2007-2008 General Appropriations Act between departments in
20 order to align the budget authority granted with the
21 assessments that must be paid by each agency to the Department
22 of Management Services for human resource management services.
23 This section expires July 1, 2008.
24 Section 13. In order to implement Specific
25 Appropriations 2942 through 2950 of the 2007-2008 General
26 Appropriations Act, paragraph (a) of subsection (3) and
27 subsection (6) of section 287.17, Florida Statutes, are
28 reenacted to read:
29 287.17 Limitation on use of motor vehicles and
30 aircraft.--
31 (3)
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SB 2802 First Engrossed
1 (a) The term "official state business" may not be
2 construed to permit the use of a motor vehicle for commuting
3 purposes, unless special assignment of a motor vehicle is
4 authorized as a perquisite by the Department of Management
5 Services, required by an employee after normal duty hours to
6 perform duties of the position to which assigned, or
7 authorized for an employee whose home is the official base of
8 operation.
9 (6) It is the intention of the Legislature that
10 persons traveling on state aircraft for purposes consistent
11 with, but not necessarily constituting, official state
12 business may travel only when accompanying persons who are
13 traveling on official state business and that such persons
14 shall pay the state for all costs associated with such travel.
15 Notwithstanding paragraph (3)(a), a person traveling on state
16 aircraft for purposes other than official state business shall
17 pay for any trip not exclusively for state business by paying
18 a prorated share of all fixed and variable expenses related to
19 the ownership, operation, and use of such aircraft.
20 Section 14. The amendment of s. 287.17, Florida
21 Statutes, as carried forward by this act from chapters 2005-71
22 and 2006-26, Laws of Florida, shall expire July 1, 2008, and
23 the text of that section shall revert to that in existence on
24 June 30, 2005, except that any amendments to such text enacted
25 other than by chapters 2005-71 and 2006-26, Laws of Florida,
26 shall be preserved and continue to operate to the extent that
27 such amendments are not dependent upon the portions of such
28 text which expire pursuant to this section.
29 Section 15. In order to implement Specific
30 Appropriations 2915 through 2928 of the 2007-2008 General
31 Appropriations Act, subsections (3) and (4) of section
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SB 2802 First Engrossed
1 255.249, Florida Statutes, are amended, and subsection (6) is
2 added to that section, to read:
3 255.249 Department of Management Services;
4 responsibility; department rules.--
5 (3)(a) The department shall, to the extent feasible,
6 coordinate the vacation of privately owned leased space with
7 the expiration of the lease on that space and, when a lease is
8 terminated before expiration of its base term, will make a
9 reasonable effort to place another state agency in the space
10 vacated. Any state agency may lease the space in any building
11 that was subject to a lease terminated by a state agency for a
12 period of time equal to the remainder of the base term without
13 the requirement of competitive bidding.
14 (b) The department shall annually publish a master
15 leasing report that lists, by agency, all leases that are due
16 to expire within 24 months. The annual report must include the
17 following information for each lease: location; size of leased
18 space; current cost per leased square foot; lease expiration
19 date; and a determination of whether sufficient state-owned
20 office space will be available at the expiration of the lease
21 to house affected employees. The report must also include a
22 list of amendments and supplements to and waivers of terms and
23 conditions in lease agreements that have been approved
24 pursuant to s. 255.25(2)(a) during the previous 12 months and
25 an associated comprehensive analysis, including financial
26 implications, showing that any amendment, supplement, or
27 waiver is in the state's long-term best interest. The
28 department shall furnish the master leasing this report to the
29 Executive Office of the Governor and the Legislature by
30 September 15 of each year which provides the following
31 information: This paragraph expires July 1, 2007.
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SB 2802 First Engrossed
1 1. A list, by agency and by geographic market, of all
2 leases that are due to expire within 24 months.
3 2. Details of each lease, including location, size,
4 cost per leased square foot, lease-expiration date, and a
5 determination of whether sufficient state-owned office space
6 will be available at the expiration of the lease to
7 accommodate affected employees.
8 3. A list of amendments and supplements to and waivers
9 of terms and conditions in lease agreements that have been
10 approved pursuant to s. 255.25(2)(a) during the previous 12
11 months and an associated comprehensive analysis, including
12 financial implications, showing that any amendment,
13 supplement, or waiver is in the state's long-term best
14 interest.
15 4. Financial impacts to the pool rental rate due to
16 the sale, removal, acquisition, or construction of pool
17 facilities.
18 5. Changes in occupancy rate, maintenance costs, and
19 efficiency costs of leases in the state portfolio. Changes to
20 occupancy costs in leased space by market and changes to space
21 consumption by agency and by market.
22 6. An analysis of portfolio supply and demand.
23 7. Cost-benefit analyses of acquisition, build, and
24 consolidation opportunities, recommendations for strategic
25 consolidation, and strategic recommendations for disposition,
26 acquisition, and building.
27 8. The updated plan required by s. 255.25(4)(c).
28 (c) By June 30 of each year, each state agency shall
29 annually provide to the department all information regarding
30 agency programs affecting the need for or use of space by that
31 agency, reviews of lease-expiration schedules for each
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SB 2802 First Engrossed
1 geographic area, active and planned full-time equivalent data,
2 business case analyses related to consolidation plans by an
3 agency, and current occupancy and relocation costs, inclusive
4 of furnishings, fixtures and equipment, data, and
5 communications.
6 (4) The department shall adopt promulgate rules
7 pursuant to chapter 120 providing:
8 (a) Methods for accomplishing the duties outlined in
9 subsection (1).
10 (b) Procedures for soliciting and accepting
11 competitive proposals for leased space of 5,000 square feet or
12 more in privately owned buildings, for evaluating the
13 proposals received, for exemption from competitive bidding
14 requirements of any lease the purpose of which is the
15 provision of care and living space for persons or emergency
16 space needs as provided in s. 255.25(10), and for the securing
17 of at least three documented quotes for a lease that is not
18 required to be competitively bid.
19 (c) A standard method for determining square footage
20 or any other measurement used as the basis for lease payments
21 or other charges.
22 (d) Methods of allocating space in both state-owned
23 office buildings and privately owned buildings leased by the
24 state based on use, personnel, and office equipment.
25 (e)1. Acceptable terms and conditions for inclusion in
26 lease agreements.
27 2. Such terms and conditions shall include, at a
28 minimum, the following clauses, which may not be amended,
29 supplemented, or waived:
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SB 2802 First Engrossed
1 a. As provided in s. 255.2502, "The State of Florida's
2 performance and obligation to pay under this contract is
3 contingent upon an annual appropriation by the Legislature."
4 b. "The Lessee shall have the right to terminate,
5 without penalty, this lease in the event a State-owned
6 building becomes available to the Lessee for occupancy in the
7 County of ........, Florida, during the term of said lease for
8 the purposes for which this space is being leased upon giving
9 6 months' advance written notice to the Lessor by Certified
10 Mail, Return Receipt Requested."
11
12 This subparagraph expires July 1, 2008 2007.
13 (f) Maximum rental rates, by geographic areas or by
14 county, for leasing privately owned space.
15 (g) A standard method for the assessment of rent to
16 state agencies and other authorized occupants of state-owned
17 office space, notwithstanding the source of funds.
18 (h) For full disclosure of the names and the extent of
19 interest of the owners holding a 4-percent or more interest in
20 any privately owned property leased to the state or in the
21 entity holding title to the property, for exemption from such
22 disclosure of any beneficial interest which is represented by
23 stock in any corporation registered with the Securities and
24 Exchange Commission or registered pursuant to chapter 517,
25 which stock is for sale to the general public, and for
26 exemption from such disclosure of any leasehold interest in
27 property located outside the territorial boundaries of the
28 United States.
29 (i) For full disclosure of the names of all public
30 officials, agents, or employees holding any interest in any
31 privately owned property leased to the state or in the entity
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SB 2802 First Engrossed
1 holding title to the property, and the nature and extent of
2 their interest, for exemption from such disclosure of any
3 beneficial interest which is represented by stock in any
4 corporation registered with the Securities and Exchange
5 Commission or registered pursuant to chapter 517, which stock
6 is for sale to the general public, and for exemption from such
7 disclosure of any leasehold interest in property located
8 outside the territorial boundaries of the United States.
9 (j) A method for reporting leases for nominal or no
10 consideration.
11 (k) For a lease of less than 5,000 square feet, a
12 method for certification by the agency head or the agency
13 head's designated representative that all criteria for leasing
14 have been fully complied with and for the filing of a copy of
15 such lease and all supporting documents with the department
16 for its review and approval as to technical sufficiency.
17 (6) The department may contract for real estate
18 consulting or tenant brokerage services in order to carry out
19 its duties relating to the strategic leasing plan. The
20 contract shall be procured pursuant to s. 287.057. The vendor
21 that is awarded the contract shall be compensated by the
22 department, subject to the provisions of the contract, and
23 such compensation is subject to appropriation by the
24 Legislature. The real estate consultant or tenant broker may
25 not receive compensation directly from a lessor for services
26 that are rendered pursuant to the contract. Moneys paid to the
27 real estate consultant or tenant broker are exempt from any
28 charge imposed under s. 287.1345. Moneys paid by a lessor to
29 the department under a facility-leasing arrangement are not
30 subject to the charges imposed under s. 215.20.
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SB 2802 First Engrossed
1 Section 16. The amendments to s. 255.249, Florida
2 Statutes, made by this act shall expire July 1, 2008, and the
3 text of that section shall revert to that in existence on June
4 29, 2007, except that any amendments to such text enacted
5 other than by this act shall be preserved and continue to
6 operate to the extent that such amendments are not dependent
7 upon the portions of such text which expire pursuant to this
8 section.
9 Section 17. In order to implement Specific
10 Appropriations 2915 through 2928 of the 2007-2008 General
11 Appropriations Act, paragraph (d) of subsection (2) and
12 paragraph (c) of subsection (4) of section 255.25, Florida
13 Statutes, are amended, and paragraphs (f) and (g) are added to
14 subsection (3) of that section, to read:
15 255.25 Approval required prior to construction or
16 lease of buildings.--
17 (2)
18 (d) Notwithstanding paragraph (a) and except as
19 provided in ss. 255.249 and 255.2501, a state agency may not
20 lease a building or any part thereof unless prior approval of
21 the lease terms and conditions and of the need therefor is
22 first obtained from the Department of Management Services. The
23 department may not approve any term or condition in a lease
24 agreement which has been amended, supplemented, or waived
25 unless a comprehensive analysis, including financial
26 implications, demonstrates that such amendment, supplement, or
27 waiver is in the state's long-term best interest. Any approved
28 lease may include an option to purchase or an option to renew
29 the lease, or both, upon such terms and conditions as are
30 established by the department subject to final approval by the
31 head of the Department of Management Services and the
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SB 2802 First Engrossed
1 provisions of s. 255.2502. This paragraph expires July 1, 2008
2 2007.
3 (3)
4 (f) Notwithstanding s. 287.056(1), a state agency may,
5 at the sole discretion of the agency head or his or her
6 designee, use the services of a tenant broker to assist with a
7 competitive solicitation undertaken by the agency. In making
8 its determination whether to use a tenant broker, a state
9 agency shall consult with the department. A state agency may
10 not use the services of a tenant broker unless the tenant
11 broker is under a term contract with the state which complies
12 with paragraph (g). If a state agency uses the services of a
13 tenant broker with respect to a transaction, the agency may
14 not enter into a lease with any landlord to which the tenant
15 broker is providing brokerage services for that transaction.
16 (g) The Department of Management Services may,
17 pursuant to s. 287.042(2)(a), procure a term contract for real
18 estate consulting and brokerage services. A state agency may
19 not purchase services from the contract unless the contract
20 has been procured under s. 287.057(1), (2), or (3) after March
21 1, 2007, and contains the following provisions or
22 requirements:
23 1. Awarded brokers must maintain an office or presence
24 in the market served. In awarding the contract, preference
25 must be given to brokers that are licensed in this state under
26 chapter 475 and that have 3 or more years of experience in the
27 market served. The contract may be made with up to three
28 tenant brokers in order to serve the marketplace in the north,
29 central, and south areas of the state.
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SB 2802 First Engrossed
1 2. Each contracted tenant broker shall work under the
2 direction, supervision, and authority of the state agency,
3 subject to the rules governing lease procurements.
4 3. The department shall provide training for the
5 awarded tenant brokers concerning the rules governing the
6 procurement of leases.
7 4. Tenant brokers must comply with all applicable
8 provisions of s. 475.278.
9 5. Real estate consultants and tenant brokers shall be
10 compensated by the state agency, subject to the provisions of
11 the term contract, and such compensation is subject to
12 appropriation by the Legislature. A real estate consultant or
13 tenant broker may not receive compensation directly from a
14 lessor for services that are rendered under the term contract.
15 Moneys paid to a real estate consultant or tenant broker are
16 exempt from any charge imposed under s. 287.1345. Moneys paid
17 by a lessor to the state agency under a facility leasing
18 arrangement are not subject to the charges imposed under s.
19 215.20. All terms relating to the compensation of the real
20 estate consultant or tenant broker shall be specified in the
21 term contract and may not be supplemented or modified by the
22 state agency using the contract.
23 6. The department shall conduct periodic
24 customer-satisfaction surveys.
25 7. Each state agency shall report the following
26 information to the department:
27 a. The number of leases that adhere to the goal of the
28 workspace-management initiative of 180 square feet per FTE.
29 b. The quality of space leased and the adequacy of
30 tenant-improvement funds.
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1 c. The timeliness of lease procurement, measured from
2 the date of the agency's request to the finalization of the
3 lease.
4 d. Whether cost-benefit analyses were performed before
5 execution of the lease in order to ensure that the lease is in
6 the best interest of the state.
7 e. The lease costs compared to market rates for
8 similar types and classifications of space according to the
9 official classifications of the Building Owners and Managers
10 Association.
11 (4)
12 (c) Because the state has a substantial financial
13 investment in state-owned buildings, it is legislative policy
14 and intent that when state-owned buildings meet the needs of
15 state agencies, agencies must fully use such buildings before
16 leasing privately owned buildings. By September 15, 2006, the
17 Department of Management Services shall create a 5-year plan
18 for implementing this policy. The department shall update this
19 plan annually, detailing proposed departmental actions to meet
20 the plan's goals and shall furnish this plan annually as part
21 of the master leasing report. The department shall furnish
22 this plan to the President of the Senate, the Speaker of the
23 House of Representatives, and the Executive Office of the
24 Governor by September 15 of each year. This paragraph expires
25 July 1, 2008 2007.
26 Section 18. The amendments to s. 255.25, 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 19. In order to implement Specific
4 Appropriations 2915 through 2928 of the 2007-2008 General
5 Appropriations Act, subsection (7) of section 255.503, Florida
6 Statutes, is amended to read:
7 255.503 Powers of the Department of Management
8 Services.--The Department of Management Services shall have
9 all the authority necessary to carry out and effectuate the
10 purposes and provisions of this act, including, but not
11 limited to, the authority to:
12 (7)(a) Sell, lease, release, or otherwise dispose of
13 facilities in the pool in accordance with applicable law.
14 (b) No later than the date upon which the department
15 recommends to the Division of State Lands of the Department of
16 Environmental Protection the disposition of any facility
17 within the Florida Facilities Pool, the department shall
18 provide to the President of the Senate, the Speaker of the
19 House of Representatives, the Executive Office of the
20 Governor, and the Division of Bond Finance of the State Board
21 of Administration an analysis that includes:
22 1. The cost benefit of the proposed facility
23 disposition, including the facility's current operating
24 expenses, condition, and market value, and viable alternatives
25 for work space for impacted state employees.
26 2. The effect of the proposed facility disposition on
27 the financial status of the Florida Facilities Pool, including
28 the effect on rental rates and coverage requirement for the
29 bonds.
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31 This paragraph expires July 1, 2008 2007.
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1 Section 20. Notwithstanding s. 403.7095, Florida
2 Statutes, in order to implement Specific Appropriation 1907 of
3 the 2007-2008 General Appropriations Act, the Department of
4 Environmental Protection shall award:
5 (1) $6,500,000 in grants equally to counties having
6 populations of fewer than 100,000 for waste tire, litter
7 prevention, recycling and education, and general solid waste
8 programs.
9 (2) $2,941,932 to be used for Innovative Grants.
10
11 This section expires July 1, 2008.
12 Section 21. In order to implement Specific
13 Appropriations 2057 through 2082 of the 2007-2008 General
14 Appropriations Act, subsection (5) of section 320.08058,
15 Florida Statutes, is amended to read:
16 320.08058 Specialty license plates.--
17 (5) FLORIDA PANTHER LICENSE PLATES.--
18 (a) The department shall develop a Florida panther
19 license plate as provided in this section. Florida panther
20 license plates must bear the design of a Florida panther and
21 the colors that department approves. In small letters, the
22 word "Florida" must appear at the bottom of the plate.
23 (b) The department shall distribute the Florida
24 panther license plate annual use fee to in the following
25 manner:
26 1. Eighty-five percent must be deposited in the
27 Florida Panther Research and Management Trust Fund in the Fish
28 and Wildlife Conservation Commission to be used for education
29 and programs to protect the endangered Florida panther.
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1 2. Fifteen percent, but no less than $300,000, must be
2 deposited in the Florida Communities Trust Fund to be used
3 pursuant to the Florida Communities Trust Act.
4 (c) A person or corporation that purchases 10,000 or
5 more panther license plates shall pay an annual use fee of $5
6 per plate and an annual processing fee of $2 per plate, in
7 addition to the applicable license tax required under s.
8 320.08.
9 Section 22. The amendments to s. 320.08058, Florida
10 Statutes, made by this act shall expire July 1, 2008, and the
11 text of that section shall revert to that in existence on June
12 29, 2007, except that any amendments to such text enacted
13 other than by this act shall be preserved and continue to
14 operate to the extent that such amendments are not dependent
15 upon the portions of the text which expire pursuant to this
16 section.
17 Section 23. In order to implement Specific
18 Appropriations 2453 through 2461 of the 2007-2008 General
19 Appropriations Act, section 550.135, Florida Statutes, is
20 amended to read:
21 550.135 Division of moneys derived under this
22 law.--All moneys that are deposited with the Chief Financial
23 Officer to the credit of the Pari-mutuel Wagering Trust Fund
24 shall be distributed as follows:
25 (1)(a) The daily license fee revenues collected
26 pursuant to this chapter s. 550.0951(1) shall be used to fund
27 the operating cost of the division and to provide a
28 proportionate share for of the operation of the office of the
29 secretary and the Division of Administration of the Department
30 of Business and Professional Regulation; however, other
31 collections in the Pari-mutuel Wagering Trust Fund may also be
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1 used to fund the operation of the division in accordance with
2 authorized appropriations.
3 (b) The revenues collected pursuant to chapter 551
4 shall be used to fund the operating costs of the division and
5 the Department of Law Enforcement in carrying out regulation
6 and enforcement activities with respect to slot machine gaming
7 and to provide a proportionate share for the operation of the
8 office of the secretary and the Division of Administration of
9 the Department of Business and Professional Regulation.
10 (2)(a) On June 30 of each year, all unappropriated
11 funds collected pursuant to this chapter in excess of $1.5
12 million in the Pari-mutuel Wagering Trust Fund shall be
13 deposited with the Chief Financial Officer to the credit of
14 the General Revenue Fund.
15 (b) On June 30 of each year, all unappropriated funds
16 collected pursuant to chapter 551 in excess of the sum of the
17 amounts appropriated in the General Appropriations Act for the
18 following fiscal year for the uses permitted in subsection (1)
19 shall be deposited with the Chief Financial Officer to the
20 credit of the General Revenue Fund.
21 Section 24. The amendments to s. 550.135, Florida
22 Statutes, made by this act shall expire July 1, 2008, and the
23 text of that section shall revert to that in existence on June
24 29, 2007, except that any amendments to such text enacted
25 other than by this act shall be preserved and continue to
26 operate to the extent that such amendments are not dependent
27 upon the portions of the text which expire pursuant to this
28 section.
29 Section 25. In order to implement Specific
30 Appropriation 1553A of the 2007-2008 General Appropriations
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1 Act, subsection (32) is added to section 581.031, Florida
2 Statutes, to read:
3 581.031 Department; powers and duties.--The department
4 has the following powers and duties:
5 (32) To conduct or cause to be conducted those
6 research projects on citrus disease, including, but not
7 limited to, citrus canker and citrus greening, which are
8 recommended by the Florida Citrus Production Research Advisory
9 Council, within the limits of appropriations made specifically
10 for such purpose. This subsection expires July 1, 2008.
11 Section 26. In order to implement Specific
12 Appropriations 1426 through 1600 of the 2007-2008 General
13 Appropriations Act, section 570.20, Florida Statutes, is
14 amended to read:
15 570.20 General Inspection Trust Fund.--
16 (1) All donations and all inspection fees and other
17 funds authorized and received from whatever source in the
18 enforcement of the inspection laws administered by the
19 department shall be paid into the General Inspection Trust
20 Fund of Florida, which is created in the office of the Chief
21 Financial Officer. All expenses incurred in carrying out the
22 provisions of the inspection laws shall be paid from this fund
23 as other funds are paid from the State Treasury. A percentage
24 of all revenue deposited in this fund, including transfers
25 from any subsidiary accounts, shall be deposited in the
26 General Revenue Fund pursuant to chapter 215, except that
27 funds collected for marketing orders shall pay at the rate of
28 3 percent.
29 (2) For the 2007-2008 fiscal year only and
30 notwithstanding any other provision of law to the contrary, in
31 addition to the spending authorized in subsection (1), moneys
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1 in the General Inspection Trust Fund may be appropriated for
2 programs operated by the department which are related to the
3 programs authorized by this chapter. This subsection expires
4 July 1, 2008.
5 Section 27. In order to implement Specific
6 Appropriation 2761 of the 2007-2008 General Appropriations
7 Act, paragraph (b) of subsection (9) of section 320.08058,
8 Florida Statutes, is amended to read:
9 320.08058 Specialty license plates.--
10 (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--
11 (b) The license plate annual use fees are to be
12 annually distributed as follows:
13 1. Fifty-five percent of the proceeds from the Florida
14 Professional Sports Team plate must be deposited into the
15 Professional Sports Development Trust Fund within the Office
16 of Tourism, Trade, and Economic Development. These funds must
17 be used solely to attract and support major sports events in
18 this state. As used in this subparagraph, the term "major
19 sports events" means, but is not limited to, championship or
20 all-star contests of Major League Baseball, the National
21 Basketball Association, the National Football League, the
22 National Hockey League, the men's and women's National
23 Collegiate Athletic Association Final Four basketball
24 championship, or a horseracing or dogracing Breeders' Cup. All
25 funds must be used to support and promote major sporting
26 events, and the uses must be approved by the Florida Sports
27 Foundation.
28 2. The remaining proceeds of the Florida Professional
29 Sports Team license plate must be allocated to the Florida
30 Sports Foundation, a direct-support organization of the Office
31 of Tourism, Trade, and Economic Development. These funds must
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1 be deposited into the Professional Sports Development Trust
2 Fund within the Office of Tourism, Trade, and Economic
3 Development. These funds must be used by the Florida Sports
4 Foundation to promote the economic development of the sports
5 industry; to distribute licensing and royalty fees to
6 participating professional sports teams; to promote education
7 programs in Florida schools that provide an awareness of the
8 benefits of physical activity and nutrition standards; to
9 partner with the Department of Education and the Department of
10 Health to develop a program that recognizes schools whose
11 students demonstrate excellent physical fitness or fitness
12 improvement; to institute a grant program for communities
13 bidding on minor sporting events that create an economic
14 impact for the state; to distribute funds to Florida-based
15 charities designated by the Florida Sports Foundation and the
16 participating professional sports teams; and to fulfill the
17 sports promotion responsibilities of the Office of Tourism,
18 Trade, and Economic Development.
19 3. The Florida Sports Foundation shall provide an
20 annual financial audit in accordance with s. 215.981 of its
21 financial accounts and records by an independent certified
22 public accountant pursuant to the contract established by the
23 Office of Tourism, Trade, and Economic Development as
24 specified in s. 288.1229(5). The auditor shall submit the
25 audit report to the Office of Tourism, Trade, and Economic
26 Development for review and approval. If the audit report is
27 approved, the office shall certify the audit report to the
28 Auditor General for review.
29 4. For the 2007-2008 2006-2007 fiscal year only and
30 notwithstanding the provisions of subparagraphs 1. and 2.,
31 proceeds from the Professional Sports Development Trust Fund
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1 may also be used for operational expenses of the Florida
2 Sports Foundation and financial support of the Sunshine State
3 Games. This subparagraph expires July 1, 2008 2007.
4 Section 28. In order to implement section 33 of the
5 2007-2008 General Appropriations Act, subsection (13) of
6 section 253.034, Florida Statutes, is amended to read:
7 253.034 State-owned lands; uses.--
8 (13) Notwithstanding the provisions of this section,
9 funds from the sale of property by the Department of Highway
10 Safety and Motor Vehicles located in Palm Beach County are
11 authorized to be deposited into the Highway Safety Operating
12 Trust Fund to facilitate the exchange as provided in the
13 General Appropriations Act, provided that at the conclusion of
14 both exchanges the values are equalized. This subsection
15 expires July 1, 2008 2007.
16 Section 29. In order to implement Specific
17 Appropriation 2188 of the 2007-2008 General Appropriations
18 Act, subsection (3) of section 311.22, Florida Statutes, is
19 amended to read:
20 311.22 Additional authorization for funding certain
21 dredging projects.--
22 (3) For the 2007-2008 2006-2007 fiscal year only and
23 notwithstanding the matching basis specified in subsection
24 (1), funding for projects in subsection (1) shall require a
25 minimum 25 percent match of funds received pursuant to this
26 section. This subsection expires July 1, 2008 2007.
27 Section 30. In order to implement Specific
28 Appropriation 1621AD of the 2007-2008 General Appropriations
29 Act and notwithstanding s. 252.37(5)(b), Florida Statutes,
30 local governments that failed to apply for a waiver under s.
31 252.37, Florida Statutes, within the first 18 months following
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1 the declaration of a disaster resulting from Hurricanes
2 Charley, Frances, Ivan, and Jeanne may submit applications for
3 consideration by the Executive Office of the Governor until
4 January 1, 2008. The Executive Office of the Governor may
5 approve a waiver, subject to the requirement for legislative
6 notice and review under s. 216.177, Florida Statutes, of all
7 or a portion of the required match for public assistance
8 projects for local governments if the Executive Office of the
9 Governor determines that such a match requirement cannot be
10 provided, or that doing so would impose a documented hardship
11 on the local government, and if the local government applies
12 for the waiver by the date specified in this section.
13 Section 31. 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 32. A section of this act that implements a
20 specific appropriation or specifically identified proviso
21 language in the 2007-2008 General Appropriations Act is void
22 if the specific appropriation or specifically identified
23 proviso language is vetoed. A section of this act that
24 implements more than one specific appropriation or more than
25 one portion of specifically identified proviso language in the
26 2007-2008 General Appropriations Act is void if all the
27 specific appropriations or portions of specifically identified
28 proviso language are vetoed.
29 Section 33. If any other act passed in 2007 contains a
30 provision that is substantively the same as a provision in
31 this act, but that removes or is otherwise not subject to the
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1 future repeal applied to such provision by this act, the
2 Legislature intends that the provision in the other act shall
3 take precedence and shall continue to operate, notwithstanding
4 the future repeal provided by this act.
5 Section 34. If any provision of this act or its
6 application to any person or circumstance is held invalid, the
7 invalidity does not affect other provisions or applications of
8 the act which can be given effect without the invalid
9 provision or application, and to this end the provisions of
10 this act are severable.
11 Section 35. Except as otherwise expressly provided in
12 this act, this act shall take effect June 30, 2007; or, if
13 this act fails to become a law until after that date, it shall
14 take effect upon becoming a law and shall operate
15 retroactively to June 30, 2007.
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