Senate Bill sb2802e2
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SB 2802 Second 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 Second 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; amending s. 985.686, F.S.;
24 providing that the responsibility of counties
25 to pay the costs of juvenile detention exclude
26 certain medical and mental health care costs;
27 authorizing the Executive Office of the
28 Governor to transfer funds between departments
29 for purposes of aligning amounts paid for risk
30 management premiums and for purposes of
31 aligning amounts paid for human resource
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SB 2802 Second Engrossed
1 management services; reenacting s. 287.17(3)(a)
2 and (6), F.S.; authorizing the use of state
3 aircraft for commuting; providing for the
4 future expiration of certain amendments to such
5 provisions; amending s. 255.249, F.S.;
6 requiring the Department of Management Services
7 to annually publish and furnish to the Governor
8 and the Legislature a master leasing report;
9 deleting provisions requiring the department to
10 submit a report of leases that are due to
11 expire and amendments and supplements to and
12 waivers of the terms and conditions of lease
13 agreements; requiring state agencies to provide
14 information concerning space needs to the
15 Department of Management Services; delaying the
16 expiration of provisions requiring that
17 specified clauses, which may not be amended,
18 supplemented, or waived, be included in the
19 terms and conditions of a lease; authorizing
20 the Department of Management Services to
21 contract for services in carrying out the
22 strategic leasing plan; providing for future
23 expiration of such provisions; amending s.
24 255.25, F.S.; authorizing state agencies to use
25 the services of a tenant broker; authorizing
26 the department to procure a term contract for
27 real estate consulting and brokerage services;
28 providing requirements for such contract;
29 providing for future expiration of such
30 provisions; requiring an annual report to the
31 Legislature and the Governor; amending s.
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SB 2802 Second Engrossed
1 255.503, F.S.; requiring that the department
2 provide an analysis to the Legislature, the
3 Governor, and the Division of Bond Finance of
4 the State Board of Administration relating to
5 the disposition of a facility within the
6 Florida Facilities Pool; directing the
7 Department of Environmental Protection to make
8 specified awards of grant moneys for
9 pollution-control purposes; amending s.
10 320.08058, F.S.; revising requirements for
11 distributing the proceeds from the annual use
12 fee for the Florida panther license plate;
13 providing for future expiration of such
14 revision; amending s. 581.031, F.S.;
15 authorizing the Department of Agriculture and
16 Consumer Services to conduct research projects
17 concerning citrus disease; providing for future
18 expiration of such authorization; amending s.
19 110.1245, F.S.; authorizing state agencies to
20 make cash awards to state employees
21 demonstrating satisfactory service to the
22 agency or the state; providing limits on such
23 awards; requiring a report with respect
24 thereto; amending s. 110.123, F.S.; providing
25 for the state's monthly contribution for
26 employees under the state group insurance
27 program; amending s. 570.20, F.S.; authorizing
28 moneys in the General Inspection Trust Fund to
29 be appropriated for certain programs operated
30 by the Department of Agriculture and Consumer
31 Services; amending s. 320.08058, F.S.;
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SB 2802 Second Engrossed
1 authorizing proceeds from the Professional
2 Sports Development Trust Fund to be used for
3 operational expenses of the Florida Sports
4 Foundation and financial support of the
5 Sunshine State Games; amending s. 339.08, F.S.;
6 providing for administrative expenses from the
7 State Transportation Trust Fund; amending s.
8 216.292, F.S.; authorizing the Governor to
9 recommend fixed capital outlay projects funded
10 by Federal Emergency Management Agency grants;
11 providing for review by the Legislative Budget
12 Commission; amending s. 339.135, F.S.;
13 requiring the Department of Transportation to
14 transfer funds to the Office of Tourism, Trade,
15 and Economic Development for the purpose of
16 funding economic development transportation
17 projects; requiring the Department of
18 Transportation to provide funds for additional
19 specified projects; creating the Seaport
20 Strategic Planning and Financing Task Force;
21 providing for the purpose, duties, and
22 membership of the task force; requiring the
23 Office of Program Policy Analysis and
24 Government Accountability to staff the task
25 force and provide funding assistance; requiring
26 the Department of Transportation to provide
27 assistance to the task force; requiring the
28 task force to report its findings and
29 recommendations to the Governor and the
30 Legislature; amending s. 253.034, F.S.;
31 authorizing the deposit of funds from the sale
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SB 2802 Second Engrossed
1 of property located in Palm Beach County into
2 the Highway Safety Operating Trust Fund by the
3 Department of Highway Safety and Motor
4 Vehicles; amending s. 311.22, F.S.; prescribing
5 the required matching funds for dredging
6 projects that meet specified conditions;
7 extending the period for a local government to
8 apply to the Executive Office of the Governor
9 for a waiver of certain requirements governing
10 matching funding for public assistance
11 projects; amending s. 509.302, F.S.;
12 authorizing certain administrative fines to be
13 used to support the Hospitality Education
14 Program and school-to-career transition
15 programs; providing for future expiration of
16 such provisions; amending s. 1013.64, F.S.;
17 providing for funds for comprehensive
18 educational plant needs to be specifically
19 appropriated for distribution; providing for
20 future expiration of such provisions; amending
21 s. 373.459, F.S.; deleting provisions providing
22 for the expenditure of moneys in the Ecosystem
23 Management and Restoration Trust Fund and the
24 Water Protection and Sustainability Trust Fund;
25 providing for future expiration of provisions
26 exempting certain water management districts
27 and local governments from a requirement to
28 provide matching funds; amending s. 253.01,
29 F.S.; authorizing moneys in the Internal
30 Improvement Trust Fund to be used for grants
31 and aids to local governments for water
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SB 2802 Second Engrossed
1 projects; providing for future expiration;
2 amending s. 403.890, F.S.; providing for moneys
3 in the Water Protection and Sustainability
4 Program Trust fund to be used for grants and
5 aids to local governments for water projects;
6 providing for future expiration; amending s.
7 201.15, F.S.; providing for moneys in the
8 Invasive Plant Control Trust Fund to be used
9 for water projects; providing for future
10 expiration of such provisions; authorizing the
11 transfer of moneys in the Invasive Plant
12 Control Trust Fund to the Ecosystem Management
13 and Restoration Trust Fund for grants and aids
14 to local governments for water projects;
15 requiring the Florida Housing Finance
16 Corporation to establish a Teachers' Down
17 Payment Assistance Pilot Program; providing
18 requirements for the program and conditions for
19 a teacher to receive a specified amount as
20 assistance for a down payment on homestead
21 property; amending s. 322.025, F.S.;
22 authorizing the Department of Highway Safety
23 and Motor Vehicles to distribute safety
24 awareness materials that do not include
25 advertisements; providing that such materials
26 include Official Florida Driver Handbooks;
27 requiring that other governmental entities,
28 including public schools, use the books
29 provided by the department; providing for
30 future expiration; creating s. 570.957, F.S.;
31 establishing the Farm-to-Fuel Grants Program
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SB 2802 Second Engrossed
1 within the Department of Agriculture and
2 Consumer Services; providing definitions;
3 specifying the use of renewable energy grants
4 for projects relating to bioenergy; providing
5 eligibility requirements; authorizing the
6 department to adopt rules; providing criteria
7 for grant award consideration; requiring the
8 department to consult with the Department of
9 Environmental Protection, the Office of
10 Tourism, Trade, and Economic Development, and
11 certain experts when evaluating applications;
12 directing the Florida Building Commission to
13 convene a workgroup to develop a model
14 residential energy efficiency ordinance;
15 requiring the commission to consult with
16 specified entities to review the
17 cost-effectiveness of energy efficiency
18 measures in the construction of residential,
19 commercial, and government buildings; requiring
20 the commission to consult with specified
21 entities to develop and implement a public
22 awareness campaign; requiring the Department of
23 Environmental Protection to develop a public
24 awareness campaign to promote the effective use
25 of energy in the state and discourage all forms
26 of energy waste; requiring reports to the
27 Legislature; providing for the construction and
28 operation of a research and demonstration
29 cellulosic ethanol plant; providing
30 requirements and procedures therefor; amending
31 s. 377.804, F.S.; deleting certain requirements
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SB 2802 Second Engrossed
1 for the review and approval of grants relating
2 to bioenergy projects for renewable energy
3 technology; providing for the future expiration
4 of such provisions; authorizing the Department
5 of Financial Services to expend certain funds
6 for salaries and related expenses; providing
7 for the effect of a veto of one or more
8 specific appropriations or proviso to which
9 implementing language refers; providing for the
10 continued operation of certain provisions
11 notwithstanding a future repeal or expiration
12 provided by the act; providing for
13 severability; providing effective dates.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. It is the intent of the Legislature that
18 the implementing and administering provisions of this act
19 apply to the General Appropriations Act for the 2007-2008
20 fiscal year.
21 Section 2. In order to implement Specific
22 Appropriations 7, 8, and 86 through 91 of the 2007-2008
23 General Appropriations Act, the calculations of the Florida
24 Education Finance Program for the 2007-2008 fiscal year in the
25 document entitled "Public School Funding--The Florida
26 Education Finance Program" dated April 30,2007, and filed with
27 the Secretary of the Senate are incorporated by reference for
28 the purpose of displaying the calculations used by the
29 Legislature, consistent with the requirements of the Florida
30 Statutes, in making appropriations for the Florida Education
31 Finance Program.
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SB 2802 Second Engrossed
1 Section 3. In order to implement Specific
2 Appropriation 388 of the 2007-2008 General Appropriations Act,
3 and notwithstanding s. 394.908(3)(a) and (b), Florida
4 Statutes, funds appropriated for forensic mental health
5 treatment services in Specific Appropriation 388 shall be
6 allocated to the areas of the state having the greatest demand
7 for services and treatment capacity. This section expires July
8 1, 2008.
9 Section 4. In order to implement Specific
10 Appropriations 311 and 321 of the 2007-2008 General
11 Appropriations Act, the Department of Children and Family
12 Services shall ensure that all public and private agencies and
13 institutions participating in child welfare cases enter
14 information specified by rule of the department into the
15 Florida Safe Families Network in order to maintain the
16 accuracy and usefulness of the system. The Florida Safe
17 Families Network is intended to be the department's automated
18 child welfare case-management system designed to provide child
19 welfare workers with a mechanism for managing child welfare
20 cases more efficiently and tracking children and families more
21 effectively. The department shall coordinate with the Office
22 of the State Courts Administrator and the Statewide Guardian
23 Ad Litem Office for the purpose of providing any judge or
24 magistrate and any guardian ad litem assigned to a dependency
25 court case with access to information in the Florida Safe
26 Families Network relating to a child welfare case which is
27 required to be filed with the court pursuant to chapter 39,
28 Florida Statutes, by the date of the network's release during
29 the 2007-2008 fiscal year. The department shall report to the
30 Governor, the President of the Senate, and the Speaker of the
31 House of Representatives by February 1, 2008, with respect to
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SB 2802 Second Engrossed
1 progress on providing access to the Florida Safe Families
2 Network as provided in this section. This section expires July
3 1, 2008.
4 Section 5. In order to implement Specific
5 Appropriation 467 of the 2007-2008 General Appropriations Act,
6 subsection (17) is added to section 253.03, Florida Statutes,
7 to read:
8 253.03 Board of trustees to administer state lands;
9 lands enumerated.--
10 (17) Notwithstanding subsections (1)-(16), for the
11 2007-2008 fiscal year only, and upon approval of the Board of
12 Trustees of the Internal Improvement Trust Fund if necessary,
13 the Division of State Lands of the Department of Environmental
14 Protection shall lease the existing South Florida Evaluation
15 and Treatment Center complex in Miami-Dade County, currently
16 under lease to the Department of Children and Family Services,
17 to Miami-Dade County for the amount of $1 per year for 99
18 years to be used by the county for its expanded jail diversion
19 program. The lease of the property shall take place in the
20 2007-2008 fiscal year, and Miami-Dade County shall sublease
21 the facility to the existing lessee for $1 per year until the
22 new South Florida Evaluation and Treatment Center is completed
23 on or about April 2008. This subsection expires July 1, 2008.
24 Section 6. In order to fulfill legislative intent
25 regarding the use of funds contained in Specific
26 Appropriations 741, 755, 766, and 1232 of the 2007-2008
27 General Appropriations Act, the Department of Corrections and
28 the Department of Juvenile Justice may expend appropriated
29 funds to assist in defraying the costs of impacts that are
30 incurred by a municipality or county and associated with
31 opening or operating a facility under the authority of the
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SB 2802 Second Engrossed
1 respective department which is located within that
2 municipality or county. The amount that is to be paid under
3 this section for any facility may not exceed 1 percent of the
4 facility construction cost, less building impact fees imposed
5 by the municipality or by the county if the facility is
6 located in the unincorporated portion of the county. This
7 section expires July 1, 2008.
8 Section 7. In order to implement Specific
9 Appropriations 730 through 830 and 868 through 899 of the
10 2007-2008 General Appropriations Act, subsection (4) of
11 section 216.262, Florida Statutes, is amended to read:
12 216.262 Authorized positions.--
13 (4) Notwithstanding the provisions of this chapter on
14 increasing the number of authorized positions, and for the
15 2007-2008 2006-2007 fiscal year only, if the actual inmate
16 population of the Department of Corrections exceeds the inmate
17 population projections of the February 16, 2007 March 21,
18 2006, Criminal Justice Estimating Conference by 1 percent for
19 2 consecutive months or 2 percent for any month, the Executive
20 Office of the Governor, with the approval of the Legislative
21 Budget Commission, shall immediately notify the Criminal
22 Justice Estimating Conference, which shall convene as soon as
23 possible to revise the estimates. The Department of
24 Corrections may then submit a budget amendment requesting the
25 establishment of positions in excess of the number authorized
26 by the Legislature and additional appropriations from
27 unallocated general revenue sufficient to provide for
28 essential staff, fixed capital improvements, and other
29 resources to provide classification, security, food services,
30 health services, and other variable expenses within the
31 institutions to accommodate the estimated increase in the
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SB 2802 Second Engrossed
1 inmate population. All actions taken pursuant to the authority
2 granted in this subsection shall be subject to review and
3 approval by the Legislative Budget Commission. This subsection
4 expires July 1, 2008 2007.
5 Section 8. In order to implement Specific
6 Appropriations 913, 915, and 1161A through 1161AI of the
7 2007-2008 General Appropriations Act, paragraphs (c), (d), and
8 (e) are added to subsection (3) of section 216.292, Florida
9 Statutes, to read:
10 216.292 Appropriations nontransferable; exceptions.--
11 (3) The following transfers are authorized with the
12 approval of the Executive Office of the Governor for the
13 executive branch or the Chief Justice for the judicial branch,
14 subject to the notice and objection provisions of s. 216.177:
15 (c) The transfer of appropriations for operations from
16 general revenue between categories of appropriations within
17 each criminal conflict and civil regional counsel budget
18 entity. This paragraph expires July 1, 2008.
19 (d) The transfer of appropriations for operations from
20 general revenue between criminal conflict and civil regional
21 counsel budget entities. This paragraph expires July 1, 2008.
22 (e) The transfer of appropriations for operations from
23 general revenue between criminal conflict and civil regional
24 counsel budget entities and the child dependency and civil
25 conflict case appropriation category and the criminal conflict
26 case costs appropriation category within the Justice
27 Administrative Commission. This paragraph expires July 1,
28 2008.
29 Section 9. In order to implement Specific
30 Appropriations 1388 and 1389 of the 2007-2008 General
31 Appropriations Act, the Department of Legal Affairs is
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1 authorized to expend appropriated funds in Specific
2 Appropriations 1388 and 1389 on the same programs that were
3 funded by the department pursuant to specific appropriations
4 made in general appropriations acts in prior years.
5 Section 10. In order to implement Specific
6 Appropriation 1297 of the 2007-2008 General Appropriations
7 Act, paragraph (d) of subsection (4) of section 932.7055,
8 Florida Statutes, is amended to read:
9 932.7055 Disposition of liens and forfeited
10 property.--
11 (4) The proceeds from the sale of forfeited property
12 shall be disbursed in the following priority:
13 (d) Notwithstanding any other provision of this
14 subsection, and for the 2007-2008 2006-2007 fiscal year only,
15 the funds in a special law enforcement trust fund established
16 by the governing body of a municipality may be expended to
17 reimburse the general fund of the municipality for moneys
18 advanced from the general fund to the special law enforcement
19 trust fund prior to October 1, 2001. This paragraph expires
20 July 1, 2008 2007.
21 Section 11. In order to implement Specific
22 Appropriation 1169 of the 2007-2008 General Appropriations
23 Act, subsection (3) of section 985.686, Florida Statutes, is
24 amended to read:
25 985.686 Shared county and state responsibility for
26 juvenile detention.--
27 (3) Each county shall pay the costs of providing
28 detention care, exclusive of the costs of any preadjudicatory
29 nonmedical educational or therapeutic services and $2.5
30 million provided for additional medical and mental health care
31 at the detention centers, for juveniles for the period of time
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1 prior to final court disposition. The department shall develop
2 an accounts payable system to allocate costs that are payable
3 by the counties.
4 Section 12. In order to implement the appropriation of
5 funds in Special Categories-Risk Management Insurance of the
6 2007-2008 General Appropriations Act, and pursuant to the
7 notice, review, and objection procedures of s. 216.177,
8 Florida Statutes, the Executive Office of the Governor is
9 authorized to transfer funds appropriated in the appropriation
10 category "Special Categories-Risk Management Insurance" of the
11 2007-2008 General Appropriations Act between departments in
12 order to align the budget authority granted with the premiums
13 paid by each department for risk management insurance. This
14 section expires July 1, 2008.
15 Section 13. In order to implement the appropriation of
16 funds in Special Categories-Transfer to Department of
17 Management Services-Human Resources Services Purchased Per
18 Statewide Contract of the 2007-2008 General Appropriations
19 Act, and pursuant to the notice, review, and objection
20 procedures of s. 216.177, Florida Statutes, the Executive
21 Office of the Governor is authorized to transfer funds
22 appropriated in the appropriation category "Special
23 Categories-Transfer to Department of Management Services-Human
24 Resources Services Purchased Per Statewide Contract" of the
25 2007-2008 General Appropriations Act between departments in
26 order to align the budget authority granted with the
27 assessments that must be paid by each agency to the Department
28 of Management Services for human resource management services.
29 This section expires July 1, 2008.
30 Section 14. In order to implement Specific
31 Appropriations 2942 through 2950 of the 2007-2008 General
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1 Appropriations Act, paragraph (a) of subsection (3) and
2 subsection (6) of section 287.17, Florida Statutes, are
3 reenacted to read:
4 287.17 Limitation on use of motor vehicles and
5 aircraft.--
6 (3)
7 (a) The term "official state business" may not be
8 construed to permit the use of a motor vehicle for commuting
9 purposes, unless special assignment of a motor vehicle is
10 authorized as a perquisite by the Department of Management
11 Services, required by an employee after normal duty hours to
12 perform duties of the position to which assigned, or
13 authorized for an employee whose home is the official base of
14 operation.
15 (6) It is the intention of the Legislature that
16 persons traveling on state aircraft for purposes consistent
17 with, but not necessarily constituting, official state
18 business may travel only when accompanying persons who are
19 traveling on official state business and that such persons
20 shall pay the state for all costs associated with such travel.
21 Notwithstanding paragraph (3)(a), a person traveling on state
22 aircraft for purposes other than official state business shall
23 pay for any trip not exclusively for state business by paying
24 a prorated share of all fixed and variable expenses related to
25 the ownership, operation, and use of such aircraft.
26 Section 15. The amendment of s. 287.17, Florida
27 Statutes, as carried forward by this act from chapters 2005-71
28 and 2006-26, Laws of Florida, shall expire July 1, 2008, and
29 the text of that section shall revert to that in existence on
30 June 30, 2005, except that any amendments to such text enacted
31 other than by chapters 2005-71 and 2006-26, Laws of Florida,
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SB 2802 Second Engrossed
1 shall be preserved and continue to operate to the extent that
2 such amendments are not dependent upon the portions of such
3 text which expire pursuant to this section.
4 Section 16. In order to implement Specific
5 Appropriations 2286A and 2915 through 2928 of the 2007-2008
6 General Appropriations Act, subsections (3) and (4) of section
7 255.249, Florida Statutes, are amended, and subsection (6) is
8 added to that section, to read:
9 255.249 Department of Management Services;
10 responsibility; department rules.--
11 (3)(a) The department shall, to the extent feasible,
12 coordinate the vacation of privately owned leased space with
13 the expiration of the lease on that space and, when a lease is
14 terminated before expiration of its base term, will make a
15 reasonable effort to place another state agency in the space
16 vacated. Any state agency may lease the space in any building
17 that was subject to a lease terminated by a state agency for a
18 period of time equal to the remainder of the base term without
19 the requirement of competitive bidding.
20 (b) The department shall annually publish a master
21 leasing report that lists, by agency, all leases that are due
22 to expire within 24 months. The annual report must include the
23 following information for each lease: location; size of leased
24 space; current cost per leased square foot; lease expiration
25 date; and a determination of whether sufficient state-owned
26 office space will be available at the expiration of the lease
27 to house affected employees. The report must also include a
28 list of amendments and supplements to and waivers of terms and
29 conditions in lease agreements that have been approved
30 pursuant to s. 255.25(2)(a) during the previous 12 months and
31 an associated comprehensive analysis, including financial
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1 implications, showing that any amendment, supplement, or
2 waiver is in the state's long-term best interest. The
3 department shall furnish the master leasing this report to the
4 Executive Office of the Governor and the Legislature by
5 September 15 of each year which provides the following
6 information: This paragraph expires July 1, 2007.
7 1. A list, by agency and by geographic market, of all
8 leases that are due to expire within 24 months.
9 2. Details of each lease, including location, size,
10 cost per leased square foot, lease-expiration date, and a
11 determination of whether sufficient state-owned office space
12 will be available at the expiration of the lease to
13 accommodate affected employees.
14 3. A list of amendments and supplements to and waivers
15 of terms and conditions in lease agreements that have been
16 approved pursuant to s. 255.25(2)(a) during the previous 12
17 months and an associated comprehensive analysis, including
18 financial implications, showing that any amendment,
19 supplement, or waiver is in the state's long-term best
20 interest.
21 4. Financial impacts to the pool rental rate due to
22 the sale, removal, acquisition, or construction of pool
23 facilities.
24 5. Changes in occupancy rate, maintenance costs, and
25 efficiency costs of leases in the state portfolio. Changes to
26 occupancy costs in leased space by market and changes to space
27 consumption by agency and by market.
28 6. An analysis of portfolio supply and demand.
29 7. Cost-benefit analyses of acquisition, build, and
30 consolidation opportunities, recommendations for strategic
31
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SB 2802 Second Engrossed
1 consolidation, and strategic recommendations for disposition,
2 acquisition, and building.
3 8. The updated plan required by s. 255.25(4)(c).
4 (c) By June 30 of each year, each state agency shall
5 annually provide to the department all information regarding
6 agency programs affecting the need for or use of space by that
7 agency, reviews of lease-expiration schedules for each
8 geographic area, active and planned full-time equivalent data,
9 business case analyses related to consolidation plans by an
10 agency, and current occupancy and relocation costs, inclusive
11 of furnishings, fixtures and equipment, data, and
12 communications.
13 (4) The department shall adopt promulgate rules
14 pursuant to chapter 120 providing:
15 (a) Methods for accomplishing the duties outlined in
16 subsection (1).
17 (b) Procedures for soliciting and accepting
18 competitive proposals for leased space of 5,000 square feet or
19 more in privately owned buildings, for evaluating the
20 proposals received, for exemption from competitive bidding
21 requirements of any lease the purpose of which is the
22 provision of care and living space for persons or emergency
23 space needs as provided in s. 255.25(10), and for the securing
24 of at least three documented quotes for a lease that is not
25 required to be competitively bid.
26 (c) A standard method for determining square footage
27 or any other measurement used as the basis for lease payments
28 or other charges.
29 (d) Methods of allocating space in both state-owned
30 office buildings and privately owned buildings leased by the
31 state based on use, personnel, and office equipment.
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1 (e)1. Acceptable terms and conditions for inclusion in
2 lease agreements.
3 2. Such terms and conditions shall include, at a
4 minimum, the following clauses, which may not be amended,
5 supplemented, or waived:
6 a. As provided in s. 255.2502, "The State of Florida's
7 performance and obligation to pay under this contract is
8 contingent upon an annual appropriation by the Legislature."
9 b. "The Lessee shall have the right to terminate,
10 without penalty, this lease in the event a State-owned
11 building becomes available to the Lessee for occupancy in the
12 County of ........, Florida, during the term of said lease for
13 the purposes for which this space is being leased upon giving
14 6 months' advance written notice to the Lessor by Certified
15 Mail, Return Receipt Requested."
16
17 This subparagraph expires July 1, 2008 2007.
18 (f) Maximum rental rates, by geographic areas or by
19 county, for leasing privately owned space.
20 (g) A standard method for the assessment of rent to
21 state agencies and other authorized occupants of state-owned
22 office space, notwithstanding the source of funds.
23 (h) For full disclosure of the names and the extent of
24 interest of the owners holding a 4-percent or more interest in
25 any privately owned property leased to the state or in the
26 entity holding title to the property, for exemption from such
27 disclosure of any beneficial interest which is represented by
28 stock in any corporation registered with the Securities and
29 Exchange Commission or registered pursuant to chapter 517,
30 which stock is for sale to the general public, and for
31 exemption from such disclosure of any leasehold interest in
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SB 2802 Second Engrossed
1 property located outside the territorial boundaries of the
2 United States.
3 (i) For full disclosure of the names of all public
4 officials, agents, or employees holding any interest in any
5 privately owned property leased to the state or in the entity
6 holding title to the property, and the nature and extent of
7 their interest, for exemption from such disclosure of any
8 beneficial interest which is represented by stock in any
9 corporation registered with the Securities and Exchange
10 Commission or registered pursuant to chapter 517, which stock
11 is for sale to the general public, and for exemption from such
12 disclosure of any leasehold interest in property located
13 outside the territorial boundaries of the United States.
14 (j) A method for reporting leases for nominal or no
15 consideration.
16 (k) For a lease of less than 5,000 square feet, a
17 method for certification by the agency head or the agency
18 head's designated representative that all criteria for leasing
19 have been fully complied with and for the filing of a copy of
20 such lease and all supporting documents with the department
21 for its review and approval as to technical sufficiency.
22 (6) The department may contract for real estate
23 consulting or tenant brokerage services in order to carry out
24 its duties relating to the strategic leasing plan. The
25 contract shall be procured pursuant to s. 287.057. The vendor
26 that is awarded the contract shall be compensated by the
27 department, subject to the provisions of the contract, and
28 such compensation is subject to appropriation by the
29 Legislature. The real estate consultant or tenant broker may
30 not receive compensation directly from a lessor for services
31 that are rendered pursuant to the contract. Moneys paid to the
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SB 2802 Second Engrossed
1 real estate consultant or tenant broker are exempt from any
2 charge imposed under s. 287.1345. Moneys paid by a lessor to
3 the department under a facility-leasing arrangement are not
4 subject to the charges imposed under s. 215.20.
5 Section 17. The amendments to s. 255.249, Florida
6 Statutes, made by this act shall expire July 1, 2008, and the
7 text of that section shall revert to that in existence on June
8 30, 2007, except that any amendments to such text enacted
9 other than by this act shall be preserved and continue to
10 operate to the extent that such amendments are not dependent
11 upon the portions of such text which expire pursuant to this
12 section.
13 Section 18. In order to implement Specific
14 Appropriations 2286A and 2915 through 2928 of the 2007-2008
15 General Appropriations Act, paragraph (d) of subsection (2)
16 and paragraph (c) of subsection (4) of section 255.25, Florida
17 Statutes, are amended, and paragraphs (f) and (g) are added to
18 subsection (3) of that section, to read:
19 255.25 Approval required prior to construction or
20 lease of buildings.--
21 (2)
22 (d) Notwithstanding paragraph (a) and except as
23 provided in ss. 255.249 and 255.2501, a state agency may not
24 lease a building or any part thereof unless prior approval of
25 the lease terms and conditions and of the need therefor is
26 first obtained from the Department of Management Services. The
27 department may not approve any term or condition in a lease
28 agreement which has been amended, supplemented, or waived
29 unless a comprehensive analysis, including financial
30 implications, demonstrates that such amendment, supplement, or
31 waiver is in the state's long-term best interest. Any approved
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SB 2802 Second Engrossed
1 lease may include an option to purchase or an option to renew
2 the lease, or both, upon such terms and conditions as are
3 established by the department subject to final approval by the
4 head of the Department of Management Services and the
5 provisions of s. 255.2502. This paragraph expires July 1, 2008
6 2007.
7 (3)
8 (f) Notwithstanding s. 287.056(1), a state agency may,
9 at the sole discretion of the agency head or his or her
10 designee, use the services of a tenant broker to assist with a
11 competitive solicitation undertaken by the agency. In making
12 its determination whether to use a tenant broker, a state
13 agency shall consult with the department. A state agency may
14 not use the services of a tenant broker unless the tenant
15 broker is under a term contract with the state which complies
16 with paragraph (g). If a state agency uses the services of a
17 tenant broker with respect to a transaction, the agency may
18 not enter into a lease with any landlord to which the tenant
19 broker is providing brokerage services for that transaction.
20 (g) The Department of Management Services may,
21 pursuant to s. 287.042(2)(a), procure a term contract for real
22 estate consulting and brokerage services. A state agency may
23 not purchase services from the contract unless the contract
24 has been procured under s. 287.057(1), (2), or (3) after March
25 1, 2007, and contains the following provisions or
26 requirements:
27 1. Awarded brokers must maintain an office or presence
28 in the market served. In awarding the contract, preference
29 must be given to brokers that are licensed in this state under
30 chapter 475 and that have 3 or more years of experience in the
31 market served. The contract may be made with up to three
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SB 2802 Second Engrossed
1 tenant brokers in order to serve the marketplace in the north,
2 central, and south areas of the state.
3 2. Each contracted tenant broker shall work under the
4 direction, supervision, and authority of the state agency,
5 subject to the rules governing lease procurements.
6 3. The department shall provide training for the
7 awarded tenant brokers concerning the rules governing the
8 procurement of leases.
9 4. Tenant brokers must comply with all applicable
10 provisions of s. 475.278.
11 5. Real estate consultants and tenant brokers shall be
12 compensated by the state agency, subject to the provisions of
13 the term contract, and such compensation is subject to
14 appropriation by the Legislature. A real estate consultant or
15 tenant broker may not receive compensation directly from a
16 lessor for services that are rendered under the term contract.
17 Moneys paid to a real estate consultant or tenant broker are
18 exempt from any charge imposed under s. 287.1345. Moneys paid
19 by a lessor to the state agency under a facility leasing
20 arrangement are not subject to the charges imposed under s.
21 215.20. All terms relating to the compensation of the real
22 estate consultant or tenant broker shall be specified in the
23 term contract and may not be supplemented or modified by the
24 state agency using the contract.
25 6. The department shall conduct periodic
26 customer-satisfaction surveys.
27 7. Each state agency shall report the following
28 information to the department:
29 a. The number of leases that adhere to the goal of the
30 workspace-management initiative of 180 square feet per FTE.
31
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SB 2802 Second Engrossed
1 b. The quality of space leased and the adequacy of
2 tenant-improvement funds.
3 c. The timeliness of lease procurement, measured from
4 the date of the agency's request to the finalization of the
5 lease.
6 d. Whether cost-benefit analyses were performed before
7 execution of the lease in order to ensure that the lease is in
8 the best interest of the state.
9 e. The lease costs compared to market rates for
10 similar types and classifications of space according to the
11 official classifications of the Building Owners and Managers
12 Association.
13 (4)
14 (c) Because the state has a substantial financial
15 investment in state-owned buildings, it is legislative policy
16 and intent that when state-owned buildings meet the needs of
17 state agencies, agencies must fully use such buildings before
18 leasing privately owned buildings. By September 15, 2006, the
19 Department of Management Services shall create a 5-year plan
20 for implementing this policy. The department shall update this
21 plan annually, detailing proposed departmental actions to meet
22 the plan's goals and shall furnish this plan annually as part
23 of the master leasing report. The department shall furnish
24 this plan to the President of the Senate, the Speaker of the
25 House of Representatives, and the Executive Office of the
26 Governor by September 15 of each year. This paragraph expires
27 July 1, 2008 2007.
28 Section 19. The amendments to s. 255.25, 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 30, 2007, except that any amendments to such text enacted
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SB 2802 Second Engrossed
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 such text which expire pursuant to this
4 section.
5 Section 20. In order to implement Specific
6 Appropriations 2915 through 2928 of the 2007-2008 General
7 Appropriations Act, subsection (7) of section 255.503, Florida
8 Statutes, is amended to read:
9 255.503 Powers of the Department of Management
10 Services.--The Department of Management Services shall have
11 all the authority necessary to carry out and effectuate the
12 purposes and provisions of this act, including, but not
13 limited to, the authority to:
14 (7)(a) Sell, lease, release, or otherwise dispose of
15 facilities in the pool in accordance with applicable law.
16 (b) No later than the date upon which the department
17 recommends to the Division of State Lands of the Department of
18 Environmental Protection the disposition of any facility
19 within the Florida Facilities Pool, the department shall
20 provide to the President of the Senate, the Speaker of the
21 House of Representatives, the Executive Office of the
22 Governor, and the Division of Bond Finance of the State Board
23 of Administration an analysis that includes:
24 1. The cost benefit of the proposed facility
25 disposition, including the facility's current operating
26 expenses, condition, and market value, and viable alternatives
27 for work space for impacted state employees.
28 2. The effect of the proposed facility disposition on
29 the financial status of the Florida Facilities Pool, including
30 the effect on rental rates and coverage requirement for the
31 bonds.
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SB 2802 Second Engrossed
1
2 This paragraph expires July 1, 2008 2007.
3 Section 21. Notwithstanding s. 403.7095, Florida
4 Statutes, in order to implement Specific Appropriation 1907 of
5 the 2007-2008 General Appropriations Act, the Department of
6 Environmental Protection shall award:
7 (1) $9,428,773 in grants equally to counties having
8 populations of fewer than 100,000 for waste tire, litter
9 prevention, recycling and education, and general solid waste
10 programs.
11 (2) $2,941,932 to be used for Innovative Grants.
12
13 This section expires July 1, 2008.
14 Section 22. In order to implement Specific
15 Appropriations 2057 through 2082 of the 2007-2008 General
16 Appropriations Act, subsection (5) of section 320.08058,
17 Florida Statutes, is amended to read:
18 320.08058 Specialty license plates.--
19 (5) FLORIDA PANTHER LICENSE PLATES.--
20 (a) The department shall develop a Florida panther
21 license plate as provided in this section. Florida panther
22 license plates must bear the design of a Florida panther and
23 the colors that department approves. In small letters, the
24 word "Florida" must appear at the bottom of the plate.
25 (b) The department shall distribute the Florida
26 panther license plate annual use fee to in the following
27 manner:
28 1. Eighty-five percent must be deposited in the
29 Florida Panther Research and Management Trust Fund in the Fish
30 and Wildlife Conservation Commission to be used for education
31 and programs to protect the endangered Florida panther.
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SB 2802 Second Engrossed
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 23. 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 30, 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 24. In order to implement Specific
18 Appropriation 1553A of the 2007-2008 General Appropriations
19 Act, subsection (32) is added to section 581.031, Florida
20 Statutes, to read:
21 581.031 Department; powers and duties.--The department
22 has the following powers and duties:
23 (32) To conduct or cause to be conducted those
24 research projects on citrus disease, including, but not
25 limited to, citrus canker and citrus greening, which are
26 recommended by the Florida Citrus Production Research Advisory
27 Council, within the limits of appropriations made specifically
28 for such purpose. This subsection expires July 1, 2008.
29 Section 25. In order to implement specific
30 appropriations for salaries and benefits in the 2007-2008
31
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SB 2802 Second Engrossed
1 General Appropriations Act, subsection (4) of section
2 110.1245, Florida Statutes, is amended to read:
3 110.1245 Savings sharing program; bonus payments;
4 other awards.--
5 (4)(a) Each department head is authorized to incur
6 expenditures to award suitable framed certificates, pins, or
7 other tokens of recognition to state employees who demonstrate
8 satisfactory service in the agency or to the state, in
9 appreciation and recognition of such service. Such awards may
10 not cost in excess of $100 each plus applicable taxes.
11 (b) Notwithstanding paragraph (a), and for the
12 2007-2008 fiscal year only, agencies may additionally use
13 funds for cash awards to state employees who demonstrate
14 satisfactory service in the agency or to the state, in
15 appreciation and recognition of such service. Awards may not
16 exceed $100 to any employee and shall be allocated from an
17 agency's existing budget. An employee may not receive awards
18 pursuant to this paragraph in excess of $100 total during the
19 fiscal year. By March 1, 2008, agencies that elect to make
20 cash awards shall report to the Governor and Cabinet, the
21 President of the Senate, and the Speaker of the House of
22 Representatives the dollar value and number of such awards
23 given. If available, any additional information concerning
24 employee satisfaction and feedback should be provided. This
25 paragraph expires July 1, 2008.
26 Section 26. In order to implement specific
27 appropriations for salaries and benefits in the 2007-2008
28 General Appropriations Act, paragraph (a) of subsection (12)
29 of section 110.123, Florida Statutes, is amended to read:
30 110.123 State group insurance program.--
31
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SB 2802 Second Engrossed
1 (12) HEALTH SAVINGS ACCOUNTS.--The department is
2 authorized to establish health savings accounts for full-time
3 and part-time state employees in association with a health
4 insurance plan option authorized by the Legislature and
5 conforming to the requirements and limitations of federal
6 provisions relating to the Medicare Prescription Drug,
7 Improvement, and Modernization Act of 2003.
8 (a)1. A member participating in this health insurance
9 plan option shall be eligible to receive an employer
10 contribution into the employee's health savings account from
11 the State Employees Health Insurance Trust Fund in an amount
12 to be determined by the Legislature. A member is not eligible
13 for an employer contribution upon termination of employment.
14 For the 2007-2008 2006-2007 fiscal year, the state's monthly
15 contribution for employees having individual coverage shall be
16 $41.66 and the monthly contribution for employees having
17 family coverage shall be $83.33.
18 2. A member participating in this health insurance
19 plan option shall be eligible to deposit the member's own
20 funds into a health savings account.
21 Section 27. In order to implement Specific
22 Appropriations 1426 through 1602 of the 2007-2008 General
23 Appropriations Act, section 570.20, Florida Statutes, is
24 amended to read:
25 570.20 General Inspection Trust Fund.--
26 (1) All donations and all inspection fees and other
27 funds authorized and received from whatever source in the
28 enforcement of the inspection laws administered by the
29 department shall be paid into the General Inspection Trust
30 Fund of Florida, which is created in the office of the Chief
31 Financial Officer. All expenses incurred in carrying out the
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SB 2802 Second Engrossed
1 provisions of the inspection laws shall be paid from this fund
2 as other funds are paid from the State Treasury. A percentage
3 of all revenue deposited in this fund, including transfers
4 from any subsidiary accounts, shall be deposited in the
5 General Revenue Fund pursuant to chapter 215, except that
6 funds collected for marketing orders shall pay at the rate of
7 3 percent.
8 (2) For the 2007-2008 fiscal year only and
9 notwithstanding any other provision of law to the contrary, in
10 addition to the spending authorized in subsection (1), moneys
11 in the General Inspection Trust Fund may be appropriated for
12 programs operated by the department which are related to the
13 programs authorized by this chapter. This subsection expires
14 July 1, 2008.
15 Section 28. In order to implement Specific
16 Appropriation 2761 of the 2007-2008 General Appropriations
17 Act, paragraph (b) of subsection (9) of section 320.08058,
18 Florida Statutes, is amended to read:
19 320.08058 Specialty license plates.--
20 (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--
21 (b) The license plate annual use fees are to be
22 annually distributed as follows:
23 1. Fifty-five percent of the proceeds from the Florida
24 Professional Sports Team plate must be deposited into the
25 Professional Sports Development Trust Fund within the Office
26 of Tourism, Trade, and Economic Development. These funds must
27 be used solely to attract and support major sports events in
28 this state. As used in this subparagraph, the term "major
29 sports events" means, but is not limited to, championship or
30 all-star contests of Major League Baseball, the National
31 Basketball Association, the National Football League, the
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SB 2802 Second Engrossed
1 National Hockey League, the men's and women's National
2 Collegiate Athletic Association Final Four basketball
3 championship, or a horseracing or dogracing Breeders' Cup. All
4 funds must be used to support and promote major sporting
5 events, and the uses must be approved by the Florida Sports
6 Foundation.
7 2. The remaining proceeds of the Florida Professional
8 Sports Team license plate must be allocated to the Florida
9 Sports Foundation, a direct-support organization of the Office
10 of Tourism, Trade, and Economic Development. These funds must
11 be deposited into the Professional Sports Development Trust
12 Fund within the Office of Tourism, Trade, and Economic
13 Development. These funds must be used by the Florida Sports
14 Foundation to promote the economic development of the sports
15 industry; to distribute licensing and royalty fees to
16 participating professional sports teams; to promote education
17 programs in Florida schools that provide an awareness of the
18 benefits of physical activity and nutrition standards; to
19 partner with the Department of Education and the Department of
20 Health to develop a program that recognizes schools whose
21 students demonstrate excellent physical fitness or fitness
22 improvement; to institute a grant program for communities
23 bidding on minor sporting events that create an economic
24 impact for the state; to distribute funds to Florida-based
25 charities designated by the Florida Sports Foundation and the
26 participating professional sports teams; and to fulfill the
27 sports promotion responsibilities of the Office of Tourism,
28 Trade, and Economic Development.
29 3. The Florida Sports Foundation shall provide an
30 annual financial audit in accordance with s. 215.981 of its
31 financial accounts and records by an independent certified
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SB 2802 Second Engrossed
1 public accountant pursuant to the contract established by the
2 Office of Tourism, Trade, and Economic Development as
3 specified in s. 288.1229(5). The auditor shall submit the
4 audit report to the Office of Tourism, Trade, and Economic
5 Development for review and approval. If the audit report is
6 approved, the office shall certify the audit report to the
7 Auditor General for review.
8 4. For the 2007-2008 2006-2007 fiscal year only and
9 notwithstanding the provisions of subparagraphs 1. and 2.,
10 proceeds from the Professional Sports Development Trust Fund
11 may also be used for operational expenses of the Florida
12 Sports Foundation and financial support of the Sunshine State
13 Games. This subparagraph expires July 1, 2008 2007.
14 Section 29. In order to implement Specific
15 Appropriation 2266 of the 2007-2008 General Appropriations
16 Act, subsection (1) of section 339.08, Florida Statutes, is
17 amended to read:
18 339.08 Use of moneys in State Transportation Trust
19 Fund.--
20 (1) The department shall expend moneys in the State
21 Transportation Trust Fund accruing to the department, in
22 accordance with its annual budget. The use of such moneys
23 shall be restricted to the following purposes:
24 (a) To pay administrative expenses of the department,
25 including administrative expenses incurred by the several
26 state transportation districts, but excluding administrative
27 expenses of commuter rail authorities that do not operate rail
28 service.
29 (b) To pay the cost of construction of the State
30 Highway System.
31
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SB 2802 Second Engrossed
1 (c) To pay the cost of maintaining the State Highway
2 System.
3 (d) To pay the cost of public transportation projects
4 in accordance with chapter 341 and ss. 332.003-332.007.
5 (e) To reimburse counties or municipalities for
6 expenditures made on projects in the State Highway System as
7 authorized by s. 339.12(4) upon legislative approval.
8 (f) To pay the cost of economic development
9 transportation projects in accordance with s. 288.063.
10 (g) To lend or pay a portion of the operating,
11 maintenance, and capital costs of a revenue-producing
12 transportation project that is located on the State Highway
13 System or that is demonstrated to relieve traffic congestion
14 on the State Highway System.
15 (h) To match any federal-aid funds allocated for any
16 other transportation purpose, including funds allocated to
17 projects not located in the State Highway System.
18 (i) To pay the cost of county road projects selected
19 in accordance with the Small County Road Assistance Program
20 created in s. 339.2816.
21 (j) To pay the cost of county or municipal road
22 projects selected in accordance with the County Incentive
23 Grant Program created in s. 339.2817 and the Small County
24 Outreach Program created in s. 339.2818.
25 (k) To provide loans and credit enhancements for use
26 in constructing and improving highway transportation
27 facilities selected in accordance with the state-funded
28 infrastructure bank created in s. 339.55.
29 (l) To pay the cost of projects on the Florida
30 Strategic Intermodal System created in s. 339.61.
31
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SB 2802 Second Engrossed
1 (m) To pay the cost of transportation projects
2 selected in accordance with the Transportation Regional
3 Incentive Program created in s. 339.2819.
4 (n) To pay administrative expenses incurred in
5 accordance with applicable laws for a multicounty
6 transportation or expressway authority created under chapter
7 343 or chapter 348, where jurisdiction for the authority
8 includes a portion of the State Highway System and the
9 administrative expenses are in furtherance of the duties and
10 responsibilities of the authority in the development of
11 improvements to the State Highway System. This paragraph
12 expires July 1, 2008.
13 (o)(n) To pay other lawful expenditures of the
14 department.
15 Section 30. In order to implement Specific
16 Appropriations 1621AB, 1621AD, 1621AR, and 1621AS of the
17 2007-2008 General Appropriations Act, subsection (5) of
18 section 216.292, Florida Statutes, is amended to read:
19 216.292 Appropriations nontransferable; exceptions.--
20 (5)(a) A transfer of funds may not result in the
21 initiation of a fixed capital outlay project that has not
22 received a specific legislative appropriation, except that
23 federal funds for fixed capital outlay projects for the
24 Department of Military Affairs, which do not carry a
25 continuing commitment on future appropriations by the
26 Legislature, may be approved by the Executive Office of the
27 Governor for the purpose received, subject to the notice and
28 objection procedures set forth in s. 216.177.
29 (b) Notwithstanding paragraph (a), and for the
30 2007-2008 2006-2007 fiscal year only, the Governor may
31 recommend the initiation of fixed capital outlay projects
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SB 2802 Second Engrossed
1 funded by grants awarded by the Federal Emergency Management
2 Agency for FEMA Disaster Declarations 1539-DR-FL, 1545-DR-FL,
3 1551-DR-FL, 1561-DR-FL, 1595-DR-FL, 1602-DR-FL, 1609-DR-FL,
4 and EM3259-FL. All actions taken pursuant to the authority
5 granted in this paragraph are subject to review and approval
6 by the Legislative Budget Commission. This paragraph expires
7 July 1, 2008 2007.
8 Section 31. In order to implement Specific
9 Appropriation 2231 of the 2007-2008 General Appropriations
10 Act, subsection (5) of section 339.135, Florida Statutes, is
11 amended to read:
12 339.135 Work program; legislative budget request;
13 definitions; preparation, adoption, execution, and
14 amendment.--
15 (5)(a) ADOPTION OF THE WORK PROGRAM.--The original
16 approved budget for operational and fixed capital expenditures
17 for the department shall be the Governor's budget
18 recommendation and the first year of the tentative work
19 program, as both are amended by the General Appropriations Act
20 and any other act containing appropriations. In accordance
21 with the appropriations act, the department shall, prior to
22 the beginning of the fiscal year, adopt a final work program
23 which shall only include the original approved budget for the
24 department for the ensuing fiscal year together with any roll
25 forwards approved pursuant to paragraph (6)(c) and the portion
26 of the tentative work program for the following 4 fiscal years
27 revised in accordance with the original approved budget for
28 the department for the ensuing fiscal year together with said
29 roll forwards. The adopted work program may include only those
30 projects submitted as part of the tentative work program
31 developed under the provisions of subsection (4) plus any
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SB 2802 Second Engrossed
1 projects which are separately identified by specific
2 appropriation in the General Appropriations Act and any roll
3 forwards approved pursuant to paragraph (6)(c). However, any
4 transportation project of the department which is identified
5 by specific appropriation in the General Appropriations Act
6 shall be deducted from the funds annually distributed to the
7 respective district pursuant to paragraph (4)(a). In addition,
8 the department shall not in any year include any project or
9 allocate funds to a program in the adopted work program that
10 is contrary to existing law for that particular year. Projects
11 shall not be undertaken unless they are listed in the adopted
12 work program.
13 (b) Notwithstanding paragraph (a), and for the
14 2007-2008 fiscal year only, the Department of Transportation
15 shall transfer funds to the Office of Tourism, Trade, and
16 Economic Development in an amount equal to $25,400,000 for the
17 purpose of funding economic development transportation
18 projects. This transfer shall not reduce, delete, or defer any
19 existing projects funded, as of July 1, 2007, in the
20 Department of Transportation's 5-year work program. This
21 paragraph expires July 1, 2008.
22 (c) Notwithstanding paragraph (a), and for the
23 2007-2008 fiscal year only, the Department of Transportation
24 shall provide funds for the Seaport Strategic Planning and
25 Financing Task Force in an amount not to exceed $75,000; the
26 preliminary engineering and environmental plans and activities
27 for the construction of an interchange on Suncoast Parkway and
28 Lutz Fern Road in an amount not to exceed $975,000; the
29 Rehabilitation of Local Bridges in an amount not to exceed
30 $300,000; and the East Winterberry Bridge Replacement in an
31 amount not to exceed $500,000. To fund these specific
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SB 2802 Second Engrossed
1 appropriations, the Department of Transportation shall not
2 reduce, delete, or defer any existing projects funded as of
3 July 1, 2007, in the 5-year work program. This paragraph
4 expires July 1, 2008.
5 Section 32. (1) In order to implement Specific
6 Appropriation 2188 of the 2007-2008 General Appropriations
7 Act, there is created the Seaport Strategic Planning and
8 Financing Task Force. The purpose of the task force is to
9 develop a strategic plan for Florida's seaports which will be
10 used to guide future policy development and financial
11 investments to enhance the state's economic competitiveness
12 with other states and internationally in the global economy.
13 (2) The Seaport Strategic Planning and Financing Task
14 Force shall specifically address the need for greater
15 integration of the seaport program authorized in chapter 311,
16 Florida Statutes, into the state's intermodal transportation
17 system and the need to make the seaport project selection
18 process and project funding structure more responsive to
19 market forces. In its deliberations, the task force shall
20 consider the findings and recommendations of the final report
21 prepared by the Department of Transportation dated July 2006,
22 entitled "Evaluate Florida's 14 Deepwater Seaports' Economic
23 Performance and the Return on Investment of State Funds"
24 (contract number C8A91).
25 (3) The Seaport Strategic Planning and Financing Task
26 Force shall be comprised of three members appointed by the
27 President of the Senate and three members appointed by the
28 Speaker of the House of Representatives, none of whom shall be
29 registered lobbyists. The Secretary of Transportation and the
30 director of the Governor's Office of Tourism, Trade, and
31 Economic Development shall also serve as voting members of the
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SB 2802 Second Engrossed
1 task force. The President of the Senate and the Speaker of the
2 House of Representatives shall jointly appoint the chair from
3 among the membership.
4 (4) The task force members shall serve without
5 compensation. The task force shall be staffed by the Office of
6 Program Policy Analysis and Government Accountability
7 (OPPAGA). The Department of Transportation shall provide
8 assistance to the task force as requested, including providing
9 expert advice and funding assistance for OPPAGA to bring in
10 national and international consultants as deemed necessary to
11 meet the intent of this section.
12 (5) The task force shall report its findings and
13 recommendations, including any proposed statutory amendments
14 or recommended policy changes, to the Governor, the President
15 of the Senate, and the Speaker of the House of Representatives
16 no later than January 1, 2008.
17 Section 33. In order to implement Section 36 of the
18 2007-2008 General Appropriations Act, subsection (13) of
19 section 253.034, Florida Statutes, is amended to read:
20 253.034 State-owned lands; uses.--
21 (13) Notwithstanding the provisions of this section,
22 funds from the sale of property by the Department of Highway
23 Safety and Motor Vehicles located in Palm Beach County are
24 authorized to be deposited into the Highway Safety Operating
25 Trust Fund to facilitate the exchange as provided in the
26 General Appropriations Act, provided that at the conclusion of
27 both exchanges the values are equalized. This subsection
28 expires July 1, 2008 2007.
29 Section 34. In order to implement Specific
30 Appropriation 2188A of the 2007-2008 General Appropriations
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1 Act, subsection (3) of section 311.22, Florida Statutes, is
2 amended to read:
3 311.22 Additional authorization for funding certain
4 dredging projects.--
5 (3) For the 2007-2008 2006-2007 fiscal year only and
6 notwithstanding the matching basis specified in subsection
7 (1), funding for projects in subsection (1) shall require a
8 minimum 25 percent match of funds received pursuant to this
9 section. This subsection expires July 1, 2008 2007.
10 Section 35. In order to implement Specific
11 Appropriation 1621AD of the 2007-2008 General Appropriations
12 Act and notwithstanding s. 252.37(5)(b), Florida Statutes,
13 local governments that failed to apply for a waiver under s.
14 252.37, Florida Statutes, within the first 18 months following
15 the declaration of a disaster resulting from Hurricanes
16 Charley, Frances, Ivan, and Jeanne may submit applications for
17 consideration by the Executive Office of the Governor until
18 September 1, 2007. The Executive Office of the Governor may
19 approve a waiver, subject to the requirement for legislative
20 notice and review under s. 216.177, Florida Statutes, of all
21 or a portion of the required match for public assistance
22 projects for local governments if the Executive Office of the
23 Governor determines that such a match requirement cannot be
24 provided, or that doing so would impose a documented hardship
25 on the local government, and if the local government applies
26 for the waiver by the date specified in this section.
27 Section 36. In order to implement Specific
28 Appropriation 2467 of the 2007-2008 General Appropriations
29 Act, subsections (8) and (9) are added to section 509.302,
30 Florida Statutes, to read:
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1 509.302 Director of education; personnel; employment
2 duties; compensation.--
3 (8) Revenue from administrative fines may be used to
4 support this section. This subsection expires July 1, 2008.
5 (9) Notwithstanding subsection (7), up to $250,000 may
6 be designated to support the school-to-career transition
7 programs available through statewide organizations in the
8 hospitality services field. This subsection expires July 1,
9 2008.
10 Section 37. In order to implement Specific
11 Appropriation 35B of the 2007-2008 General Appropriations Act,
12 paragraph (d) of subsection (3) of section 1013.64, Florida
13 Statutes, is amended to read:
14 1013.64 Funds for comprehensive educational plant
15 needs; construction cost maximums for school district capital
16 projects.--Allocations from the Public Education Capital
17 Outlay and Debt Service Trust Fund to the various boards for
18 capital outlay projects shall be determined as follows:
19 (3)
20 (d) Funds specifically appropriated for distribution
21 pursuant to this subsection distributed to the district school
22 boards shall be allocated solely based on the provisions of
23 paragraphs (1)(a) and (2)(a) and paragraph (a) of this
24 subsection. No individual school district projects shall be
25 funded off the top of funds allocated to district school
26 boards.
27 Section 38. The amendments to s. 1013.64, Florida
28 Statutes, made by this act shall expire July 1, 2008, and the
29 text of that section shall revert to that in existence on June
30 30, 2007, except that any amendments to such text enacted
31 other than by this act shall be preserved and continue to
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1 operate to the extent that such amendments are not dependent
2 upon the portions of the text which expire pursuant to this
3 section.
4 Section 39. In order to implement Specific
5 Appropriation 1858 of the 2007-2008 General Appropriations
6 Act, subsection (6) of section 373.459, Florida Statutes, is
7 amended to read:
8 373.459 Funds for surface water improvement and
9 management.--
10 (6)(a) The match requirement of subsection (2) shall
11 not apply to the Suwannee River Water Management District, the
12 Northwest Florida Water Management District, or a financially
13 disadvantaged small local government as defined in s.
14 403.885(5).
15 (b) Notwithstanding the requirements of subsection
16 (3), the Ecosystem Management and Restoration Trust Fund and
17 the Water Protection and Sustainability Trust Fund shall be
18 used for the deposit of funds appropriated by the Legislature
19 for the purposes of ss. 373.451-373.4595. The department shall
20 administer all funds appropriated to or received for surface
21 water improvement and management activities. Expenditure of
22 the moneys shall be limited to the costs of details planning
23 and plan and program implementation for priority surface water
24 bodies. Moneys from the funds shall not be expended for
25 planning for, or construction or expansion of, treatment
26 facilities for domestic or industrial waste disposal.
27 (c) Notwithstanding the requirements of subsection
28 (4), the department shall authorize the release of money from
29 the funds in accordance with the provisions of s. 373.501(2)
30 and procedures in s. 373.59(4) and (5).
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1 (d) Notwithstanding the requirements of subsection
2 (5), moneys in the Ecosystem Restoration and Management Trust
3 Fund that are not needed to meet current obligations incurred
4 under this section shall be transferred to the State Board of
5 Administration, to the credit of the trust fund, to be
6 invested in the manner provided by law. Interest received on
7 such investments shall be credited to the trust fund.
8 (e) This subsection expires July 1, 2008 2007.
9 Section 40. In order to implement Specific
10 Appropriations 1852A and 1859 of the 2007-2008 General
11 Appropriations Act, subsection (3) is added to section 253.01,
12 Florida Statutes, to read:
13 253.01 Internal Improvement Trust Fund established.--
14 (3) In addition to the uses allowed in subsection (2)
15 for the 2007-2008 fiscal year, moneys in the Internal
16 Improvement Trust Fund are authorized to be transferred to the
17 Ecosystem Management and Restoration Trust Fund for grants and
18 aids to local governments for water projects as provided in
19 the General Appropriations Act. This subsection expires July
20 1, 2008.
21 Section 41. In order to implement Specific
22 Appropriations 1852A and 1859 of the 2007-2008 General
23 Appropriations Act, subsection (3) is added to section
24 403.890, Florida Statutes, to read:
25 403.890 Water Protection and Sustainability Program;
26 intent; goals; purposes.--
27 (3) In addition to the uses allowed in subsection (1)
28 for the 2007-2008 fiscal year, interest earnings accumulated
29 in the Water Protection and Sustainability Program Trust Fund
30 shall be transferred to the Ecosystem Management and
31 Restoration Trust Fund for grants and aids to local
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1 governments for water projects as provided in the General
2 Appropriations Act. This subsection expires July 1, 2008.
3 Section 42. In order to implement Specific
4 Appropriations 1852A and 1859 of the 2007-2008 General
5 Appropriations Act, subsection (6) of section 201.15, Florida
6 Statutes, as amended by chapters 2005-92, 2006-1, 2006-185,
7 and 2006-231, Laws of Florida, is amended to read:
8 201.15 Distribution of taxes collected.--All taxes
9 collected under this chapter shall be distributed as follows
10 and shall be subject to the service charge imposed in s.
11 215.20(1), except that such service charge shall not be levied
12 against any portion of taxes pledged to debt service on bonds
13 to the extent that the amount of the service charge is
14 required to pay any amounts relating to the bonds:
15 (6) The lesser of two and twenty-eight hundredths
16 percent of the remaining taxes collected under this chapter or
17 $36.1 million in each fiscal year shall be paid into the State
18 Treasury to the credit of the Invasive Plant Control Trust
19 Fund to carry out the purposes set forth in ss. 369.22 and
20 369.252 and for water projects as provided in the General
21 Appropriations Act.
22 Section 43. The amendments to s. 201.15, Florida
23 Statutes, made by this act shall expire July 1, 2008, and the
24 text of that section shall revert to that in existence on June
25 30, 2007, except that any amendments to such text enacted
26 other than by this act shall be preserved and continue to
27 operate to the extent that such amendments are not dependent
28 upon the portions of the text which expire pursuant to this
29 section.
30 Section 44. In order to implement Specific
31 Appropriations 1852A and 1859 of the 2007-2008 General
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1 Appropriations Act, moneys in the Invasive Plant Control Trust
2 Fund are authorized to be transferred to the Ecosystem
3 Management and Restoration Trust Fund for grants and aids to
4 local governments for water projects as provided in the
5 General Appropriations Act. This section expires July 1, 2008.
6 Section 45. (1) In order to implement Specific
7 Appropriation 1695 in the 2007-2008 General Appropriations
8 Act, notwithstanding s. 420.9073, Florida Statutes, the
9 Florida Housing Finance Corporation is directed to establish a
10 Teachers' Down Payment Assistance Pilot Program. By rule, the
11 corporation shall set forth criteria for project selection and
12 funding.
13 (2) In order to assist in the recruitment and
14 retention of teachers, eligibility shall be limited to those
15 local governments whose local housing assistance plans include
16 the following:
17 (a) Down payment assistance shall be provided to
18 eligible persons who meet the following criteria, in addition
19 to other requirements of the plan, the person shall:
20 1. Be employed full time as a K-12 classroom teacher
21 in this state;
22 2. Be state-certified in a critical need area of
23 exceptional student education, mathematics, or science;
24 3. Declare his or her homestead and maintain residency
25 at his or her homestead;
26 4. Be employed in a full-time, permanent capacity; and
27 5. Demonstrate a 5-year minimum commitment to
28 continued employment as a K-12 classroom teacher in a public
29 school within the county of current employment.
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1 (b) Compliance with the eligibility criteria shall be
2 verified on application and during the life of the loan by the
3 school district in which the teacher is employed.
4 (c) The program shall provide $4,000 as down payment
5 assistance if the municipality, county, or appropriate
6 governmental subdivision or agency within which an eligible
7 recipient resides waives all impact fees that occur incidental
8 to the recipient's home purchase.
9 (d) Any lien on the recipient's property securing the
10 assistance provided under this program shall be released if
11 the recipient fulfills the 5-year commitment.
12 (3) Any undistributed funds remaining on June 1, 2008,
13 shall be distributed along with other State Housing Initiative
14 Partnership funds, as provided in s. 420.9073, Florida
15 Statutes.
16 Section 46. In order to implement Specific
17 Appropriation 2814 of the 2007-2008 General Appropriations
18 Act, section 322.025, Florida Statutes, is amended to read:
19 322.025 Driver improvement.--
20 (1) The department may implement programs to improve
21 the driving ability of the drivers of this state. Such
22 programs may include, but shall not be limited to, safety
23 awareness campaigns, driver training, and licensing
24 improvement. Motorcycle driver improvement programs
25 implemented pursuant to this section or s. 322.0255 shall be
26 funded by the motorcycle safety education fee collected
27 pursuant to s. 320.08(1)(c), which shall be deposited in the
28 Highway Safety Operating Trust Fund of the department and
29 appropriated for that purpose.
30 (2) Notwithstanding the provisions of s. 283.58, when
31 funds have been appropriated by the Legislature for the
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1 purpose of providing safety awareness materials, the
2 department shall distribute to the public only materials that
3 do not include advertisements. Safety materials shall include,
4 but need not be limited to, Official Florida Driver Handbooks
5 provided by the department to the motoring public for the
6 purpose of education. The Official Florida Driver Handbook may
7 be distributed by the Department of Highway Safety and Motor
8 Vehicles only in accordance with this paragraph. Other
9 governmental entities, including secondary public schools,
10 wishing to obtain the Official Florida Driver Handbook must
11 use those books provided by the department. This subsection
12 expires July 1, 2008.
13 Section 47. In order to implement Section 51 of the
14 2007-2008 General Appropriations Act, section 570.957, Florida
15 Statutes, is created to read:
16 570.957 Farm-to-Fuel Grants Program.--
17 (1) As used in this section, the term:
18 (a) "Bioenergy" means useful, renewable energy
19 produced from organic matter through the conversion of the
20 complex carbohydrates in organic matter to energy. Organic
21 matter may either be used directly as a fuel, processed into
22 liquids and gases, or be a residue of processing and
23 conversion.
24 (b) "Department" means the Department of Agriculture
25 and Consumer Services.
26 (c) "Person" means an individual, partnership, joint
27 venture, private or public corporation, association, firm,
28 public service company, or any other public or private entity.
29 (d) "Renewable energy" means electrical, mechanical,
30 or thermal energy produced from a method that uses one or more
31 of the following fuels or energy sources: hydrogen, biomass,
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1 solar energy, geothermal energy, wind energy, ocean energy,
2 waste heat, or hydroelectric power.
3 (2) The Farm-to-Fuel Grants Program is established
4 within the department to provide renewable energy matching
5 grants for demonstration, commercialization, research, and
6 development projects relating to bioenergy projects.
7 (a) Matching grants for bioenergy demonstration,
8 commercialization, research, and development projects may be
9 made to any of the following:
10 1. Municipalities and county governments.
11 2. Established for-profit companies licensed to do
12 business in the state.
13 3. Universities and colleges in the state.
14 4. Utilities located and operating within the state.
15 5. Not-for-profit organizations.
16 6. Other qualified persons, as determined by the
17 Department of Agriculture and Consumer Services.
18 (b) The department may adopt rules to provide for
19 allocation of grant funds by project type, application
20 requirements, ranking of applications, and awarding of grants
21 under this program.
22 (c) Factors for consideration in awarding grants may
23 include, but are not limited to, the degree to which:
24 1. The project produces bioenergy from Florida-grown
25 crops or biomass.
26 2. The project demonstrates efficient use of energy
27 and material resources.
28 3. Matching funds and in-kind contributions from an
29 applicant are available.
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1 4. The project has a reasonable assurance of enhancing
2 the value of agricultural products or will expand agribusiness
3 in the state.
4 5. Preliminary market and feasibility research has
5 been conducted by the applicant or others and shows there is a
6 reasonable assurance of a potential market.
7 6. The project stimulates in-state capital investment
8 and economic development in metropolitan and rural areas,
9 including the creation of jobs and the future development of a
10 commercial market for bioenergy.
11 7. The project incorporates an innovative new
12 technology or an innovative application of an existing
13 technology.
14 (d) In evaluating and awarding grants under this
15 section, the department shall consult with and solicit input
16 from the Department of Environmental Protection.
17 (e) In determining the technical feasibility of grant
18 applications, the department shall coordinate and actively
19 consult with persons having expertise in renewable energy
20 technologies.
21 (f) In determining the economic feasibility of
22 bioenergy grant applications, the department shall consult
23 with the Office of Tourism, Trade, and Economic Development.
24 (3) This section expires July 1, 2008.
25 Section 48. In order to implement Sections 52, 53, and
26 54 of the 2007-2008 General Appropriations Act:
27 (1) The Florida Building Commission shall convene a
28 workgroup comprised of representatives from the Florida Energy
29 Commission, the Department of Community Affairs, the Building
30 Officials Association of Florida, the Florida Energy Office,
31 the Florida Home Builders Association, the Association of
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1 Counties, the League of Cities, and other stakeholders to
2 develop a model residential energy efficiency ordinance that
3 provides incentives to meet energy efficiency standards. The
4 commission must report back to the Legislature with a
5 developed ordinance by March 1, 2008.
6 (2) The Florida Building Commission shall, in
7 consultation with the Florida Energy Commission, the Building
8 Officials Association of Florida, the Florida Energy Office,
9 the Florida Home Builders Association, the Association of
10 Counties, the League of Cities, and other stakeholders, review
11 the Florida Energy Code for Building Construction.
12 Specifically, the commission shall revisit the analysis of
13 cost-effectiveness that serves as the basis for energy
14 efficiency levels for residential buildings, identify
15 cost-effective means to improve energy efficiency in
16 commercial buildings, and compare the code to the
17 International Energy Conservation Code and the American
18 Society of Heating Air-Conditioning and Refrigeration
19 Engineers Standards 90.1 and 90.2. The commission shall
20 provide a report with a standard to the Legislature by March
21 1, 2008, that may be adopted for the construction of all new
22 residential, commercial, and government buildings.
23 (3) The Florida Building Commission, in consultation
24 with the Florida Solar Energy Center, the Florida Energy
25 Commission, the Florida Energy Office, the United States
26 Department of Energy, and the Florida Home Builders
27 Association, shall develop and implement a public awareness
28 campaign that promotes energy efficiency and the benefits of
29 building green by January 1, 2008. The campaign shall include
30 enhancement of an existing web site from which all citizens
31 can obtain information pertaining to green building practices,
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1 calculate anticipated savings from use of those options, as
2 well as learn about energy efficiency strategies that may be
3 used in their existing home or when building a home. The
4 campaign shall focus on the benefits of promoting energy
5 efficiency to the purchasers of new homes, the various green
6 building ratings available, and the promotion of various
7 energy-efficient products through existing trade shows. The
8 campaign shall also include strategies for utilizing print
9 advertising, press releases, and television advertising to
10 promote voluntary utilization of green building practices.
11 (4) The Department of Environmental Protection shall
12 develop a public awareness campaign that promotes the
13 effective use of energy in the state and discourages all forms
14 of energy waste. The campaign shall also include strategies
15 for utilizing print advertising, press releases, and
16 television advertising to promote energy education and the
17 public dissemination of information on energy and its
18 environmental, economic, and social impact.
19 (5) This section expires July 1, 2008.
20 Section 49. In order to implement Section 48 of of the
21 2007-2008 General Appropriations Act:
22 (1) Research and demonstration cellulosic ethanol
23 plant.--There shall be constructed a multifaceted research and
24 demonstration cellulosic ethanol plant designed to conduct
25 research and to demonstrate and advance the commercialization
26 of cellulose-to-ethanol technology, including technology
27 licensed from the University of Florida, and to facilitate
28 further research and testing of multiple cellulosic feedstocks
29 in the state.
30 (2) The University of Florida shall act as the owner
31 and proprietor of the facility, which shall include a
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1 permanent research and development laboratory operated as a
2 satellite facility of the Institute of Food and Agricultural
3 Sciences at the University of Florida. This facility shall be
4 used to convert the initially treated material to the final
5 ethanol product.
6 (3) The facility shall be located near an industrial
7 site with infrastructure already developed to avoid or reduce
8 significant capital costs for waste treatment and roads, shall
9 be served by a range of suppliers and transportation
10 companies, and shall be in good proximity to gasoline and
11 ethanol blending facilities on either coast of the state. The
12 industrial site shall have the capacity to provide steam and
13 electric power, waste treatment, and a steady stream of
14 feedstocks, including, but not limited to, bagasse, woody
15 biomass, and cane field residues, to allow a commercial scale
16 plant to operate year around.
17 (4) The facility shall be located near preexisting
18 onsite technical support staff and other resources for
19 electrical, mechanical, and instrumentation services. In
20 addition, the facility shall have access to preexisting onsite
21 laboratory facilities and scientific personnel and shall
22 include the critical aspects of connecting to existing
23 facilities and meeting construction codes and permit
24 requirements.
25 (5) There shall be a scientific and technical advisory
26 panel to advise on the technology to be applied.
27 (6) Subject to the rights of any third parties arising
28 under any licenses granted by the university or its affiliates
29 prior to the effective date of this act, ownership of all
30 patents, copyrights, trademarks, licenses, and rights or
31 interests shall vest in the university on behalf of the state.
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1 The university, pursuant to s. 1004.23, Florida Statutes,
2 shall have the right to use and the right to retain derived
3 revenues subject to the continuing approval of the
4 Legislature.
5 (7) The Senior Vice President for the Institute of
6 Food and Agricultural Sciences at the University of Florida
7 shall ensure that applicable, nonproprietary research results
8 and technologies from the plant authorized under this
9 initiative are adapted, made available, and disseminated
10 through its respective services, as appropriate.
11 (8) Within 2 years after enactment of this act, the
12 Senior Vice President for the Institute of Food and
13 Agricultural Sciences at the University of Florida shall
14 submit to the President of the Senate and the Speaker of the
15 House of Representatives a report on the activities conducted
16 under this section.
17 (9) This section expires on July 1, 2008.
18 Section 50. In order to implement Section 49 of the
19 2007-2008 General Appropriations Act, subsection (6) of
20 section 377.804, Florida Statutes, is amended to read:
21 377.804 Renewable Energy Technologies Grants
22 Program.--
23 (6) The department shall coordinate and actively
24 consult with the Department of Agriculture and Consumer
25 Services during the review and approval process of grants
26 relating to bioenergy projects for renewable energy
27 technology, and the departments shall jointly determine the
28 grant awards to these bioenergy projects. No grant funding
29 shall be awarded to any bioenergy project without such joint
30 approval. Factors for consideration in awarding grants may
31 include, but are not limited to, the degree to which:
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1 (a) The project stimulates in-state capital investment
2 and economic development in metropolitan and rural areas,
3 including the creation of jobs and the future development of a
4 commercial market for bioenergy.
5 (b) The project produces bioenergy from Florida-grown
6 crops or biomass.
7 (c) The project demonstrates efficient use of energy
8 and material resources.
9 (d) The project fosters overall understanding and
10 appreciation of bioenergy technologies.
11 (e) Matching funds and in-kind contributions from an
12 applicant are available.
13 (f) The project duration and the timeline for
14 expenditures are acceptable.
15 (g) The project has a reasonable assurance of
16 enhancing the value of agricultural products or will expand
17 agribusiness in the state.
18 (h) Preliminary market and feasibility research has
19 been conducted by the applicant or others and shows there is a
20 reasonable assurance of a potential market.
21 Section 51. In order to implement Specific
22 Appropriations 2659, 2661, 2662, and 2665 of the 2007-2008
23 General Appropriations Act, for the 2007-2008 fiscal year only
24 and notwithstanding any conflicting requirements of section 4
25 of chapter 2006-12, Laws of Florida, the Department of
26 Financial Services may expend $846,021 of the funds
27 appropriated by section 4 of chapter 2006-12, Laws of Florida,
28 for salaries and related expenses.
29 Section 52. The amendments to s. 377.804, Florida
30 Statutes, made by this act shall expire July 1, 2008, and the
31 text of that section shall revert to that in existence on June
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1 30, 2007, except that any amendments to such text enacted
2 other than by this act shall be preserved and continue to
3 operate to the extent that such amendments are not dependent
4 upon the portions of such text which expire pursuant to this
5 section.
6 Section 53. A section of this act that implements a
7 specific appropriation or specifically identified proviso
8 language in the 2007-2008 General Appropriations Act is void
9 if the specific appropriation or specifically identified
10 proviso language is vetoed. A section of this act that
11 implements more than one specific appropriation or more than
12 one portion of specifically identified proviso language in the
13 2007-2008 General Appropriations Act is void if all the
14 specific appropriations or portions of specifically identified
15 proviso language are vetoed.
16 Section 54. If any other act passed in 2007 contains a
17 provision that is substantively the same as a provision in
18 this act, but that removes or is otherwise not subject to the
19 future repeal applied to such provision by this act, the
20 Legislature intends that the provision in the other act shall
21 take precedence and shall continue to operate, notwithstanding
22 the future repeal provided by this act.
23 Section 55. If any provision of this act or its
24 application to any person or circumstance is held invalid, the
25 invalidity does not affect other provisions or applications of
26 the act which can be given effect without the invalid
27 provision or application, and to this end the provisions of
28 this act are severable.
29 Section 56. Except as otherwise expressly provided in
30 this act, this act shall take effect July 1, 2007; or, if this
31 act fails to become a law until after that date, it shall take
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