Senate Bill sb2802er

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    2007 Legislature                        SB 2802, 2nd Engrossed



  1                                 

  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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    2007 Legislature                        SB 2802, 2nd 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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    2007 Legislature                        SB 2802, 2nd 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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    2007 Legislature                        SB 2802, 2nd 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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    2007 Legislature                        SB 2802, 2nd 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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    2007 Legislature                        SB 2802, 2nd 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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    2007 Legislature                        SB 2802, 2nd 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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    2007 Legislature                        SB 2802, 2nd 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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 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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 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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 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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 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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 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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    2007 Legislature                        SB 2802, 2nd Engrossed



 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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 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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    2007 Legislature                        SB 2802, 2nd 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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    2007 Legislature                        SB 2802, 2nd Engrossed



 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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    2007 Legislature                        SB 2802, 2nd 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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    2007 Legislature                        SB 2802, 2nd 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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    2007 Legislature                        SB 2802, 2nd 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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    ENROLLED

    2007 Legislature                        SB 2802, 2nd 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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    2007 Legislature                        SB 2802, 2nd 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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    2007 Legislature                        SB 2802, 2nd 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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    2007 Legislature                        SB 2802, 2nd 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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    2007 Legislature                        SB 2802, 2nd 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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 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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    2007 Legislature                        SB 2802, 2nd 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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    2007 Legislature                        SB 2802, 2nd 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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 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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 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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 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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 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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 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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 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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 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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 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

31  


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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:

31  


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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).

31  


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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.

30  

31  


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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.

30  

31  


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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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 1  effect upon becoming a law and shall operate retroactively to

 2  July 1, 2007.

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