Senate Bill sb7110pb
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7110
FOR CONSIDERATION By the Committee on Fiscal Policy and
Calendar Committee
576-2193B-07
1 A bill to be entitled
2 An act implementing the 2007-2008 General
3 Appropriations Act; providing legislative
4 intent; providing for use of specified
5 calculations with respect to the Florida
6 Education Finance Program; requiring that funds
7 appropriated for forensic mental health
8 treatment services be allocated to the areas of
9 the state having the greatest demand for
10 services and treatment capacity; requiring the
11 Department of Children and Family Services to
12 ensure that certain information regarding child
13 welfare cases is entered into the Florida Safe
14 Families Network; requiring that the department
15 coordinate with the Office of the State Courts
16 Administrator and the Statewide Guardian Ad
17 Litem Office in order to provide judges,
18 magistrates, and guardians ad litem with access
19 to such information; requiring that the
20 department report its progress on providing
21 such access to the Governor and Legislature;
22 providing for future expiration; authorizing
23 the Department of Corrections and the
24 Department of Juvenile Justice to make certain
25 expenditures to defray costs incurred by a
26 municipality or county as a result of opening
27 or operating a facility under authority of the
28 respective department; amending s. 216.262,
29 F.S.; providing for additional positions to
30 operate additional prison bed capacity under
31 certain circumstances; amending s. 216.292,
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7110
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1 F.S.; authorizing certain transfers of
2 appropriations for operations from general
3 revenue between budget categories and entities
4 of the criminal conflict and civil regional
5 counsels and the budget category for child
6 dependency and civil conflict cases within the
7 Justice Administrative Commission; providing
8 for future expiration of such provisions;
9 authorizing the Department of Legal Affairs to
10 expend appropriated funds on programs funded in
11 the preceding fiscal year; amending s.
12 932.7055, F.S.; providing for the expenditure
13 of funds in a special law enforcement trust
14 fund established by the governing body of a
15 municipality; authorizing the Executive Office
16 of the Governor to transfer funds between
17 departments for purposes of aligning amounts
18 paid for risk management premiums and for
19 purposes of aligning amounts paid for human
20 resource management services; reenacting s.
21 287.17(3)(a) and (6), F.S.; authorizing the use
22 of state aircraft for commuting; providing for
23 the future expiration of certain amendments to
24 such provisions; amending s. 255.249, F.S.;
25 requiring the Department of Management Services
26 to annually publish and furnish to the Governor
27 and the Legislature a master leasing report;
28 deleting provisions requiring the department to
29 submit a report of leases that are due to
30 expire and amendments and supplements to and
31 waivers of the terms and conditions of lease
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7110
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1 agreements; requiring state agencies to provide
2 information concerning space needs to the
3 Department of Management Services; delaying the
4 expiration of provisions requiring that
5 specified clauses, which may not be amended,
6 supplemented, or waived, be included in the
7 terms and conditions of a lease; authorizing
8 the Department of Management Services to
9 contract for services in carrying out the
10 strategic leasing plan; providing for future
11 expiration of such provisions; amending s.
12 255.25, F.S.; authorizing state agencies to use
13 the services of a tenant broker; authorizing
14 the department to procure a term contract for
15 real estate consulting and brokerage services;
16 providing requirements for such contract;
17 providing for future expiration of such
18 provisions; requiring an annual report to the
19 Legislature and the Governor; amending s.
20 255.503, F.S.; requiring that the department
21 provide an analysis to the Legislature, the
22 Governor, and the Division of Bond Finance of
23 the State Board of Administration relating to
24 the disposition of a facility within the
25 Florida Facilities Pool; directing the
26 Department of Environmental Protection to make
27 specified awards of grant moneys for
28 pollution-control purposes; amending s.
29 320.08058, F.S.; revising requirements for
30 distributing the proceeds from the annual use
31 fee for the Florida panther license plate;
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1 providing for future expiration of such
2 revision; amending s. 550.135, F.S.; revising
3 the distribution of revenues deposited into the
4 Pari-mutuel Wagering Trust Fund; providing for
5 such funds to be used for additional purposes
6 relating to the regulation of slot machine
7 gaming; requiring that certain unappropriated
8 funds be deposited into the General Revenue
9 Fund; providing for future expiration of such
10 provisions; amending s. 581.031, F.S.;
11 authorizing the Department of Agriculture and
12 Consumer Services to conduct research projects
13 concerning citrus disease; providing for future
14 expiration of such authorization; amending s.
15 570.20, F.S.; authorizing moneys in the General
16 Inspection Trust Fund to be appropriated for
17 certain programs operated by the Department of
18 Agriculture and Consumer Services; amending s.
19 320.08058, F.S.; authorizing proceeds from the
20 Professional Sports Development Trust Fund to
21 be used for operational expenses of the Florida
22 Sports Foundation and financial support of the
23 Sunshine State Games; amending s. 253.034,
24 F.S.; authorizing the deposit of funds from the
25 sale of property located in Palm Beach County
26 into the Highway Safety Operating Trust Fund by
27 the Department of Highway Safety and Motor
28 Vehicles; amending s. 311.22, F.S.; prescribing
29 the required matching funds for dredging
30 projects that meet specified conditions;
31 extending the period for a local government to
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1 apply to the Executive Office of the Governor
2 for a waiver of certain requirements governing
3 matching funding for public assistance
4 projects; providing a finding that the
5 authorization and issuance of certain debt is
6 in the best interest of the state; 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 _________, and filed with the
27 Secretary of the Senate are incorporated by reference for the
28 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 fulfill legislative intent
5 regarding the use of funds contained in Specific
6 Appropriations 741, 755, 766, and 1232 of the 2007-2008
7 General Appropriations Act, the Department of Corrections and
8 the Department of Juvenile Justice may expend appropriated
9 funds to assist in defraying the costs of impacts that are
10 incurred by a municipality or county and associated with
11 opening or operating a facility under the authority of the
12 respective department which is located within that
13 municipality or county. The amount that is to be paid under
14 this section for any facility may not exceed 1 percent of the
15 facility construction cost, less building impact fees imposed
16 by the municipality or by the county if the facility is
17 located in the unincorporated portion of the county. This
18 section expires July 1, 2008.
19 Section 6. In order to implement Specific
20 Appropriations 730 through 830 and 868 through 899 of the
21 2007-2008 General Appropriations Act, subsection (4) of
22 section 216.262, Florida Statutes, is amended to read:
23 216.262 Authorized positions.--
24 (4) Notwithstanding the provisions of this chapter on
25 increasing the number of authorized positions, and for the
26 2007-2008 2006-2007 fiscal year only, if the actual inmate
27 population of the Department of Corrections exceeds the inmate
28 population projections of the February 16, 2007 March 21,
29 2006, Criminal Justice Estimating Conference by 1 percent for
30 2 consecutive months or 2 percent for any month, the Executive
31 Office of the Governor, with the approval of the Legislative
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1 Budget Commission, shall immediately notify the Criminal
2 Justice Estimating Conference, which shall convene as soon as
3 possible to revise the estimates. The Department of
4 Corrections may then submit a budget amendment requesting the
5 establishment of positions in excess of the number authorized
6 by the Legislature and additional appropriations from
7 unallocated general revenue sufficient to provide for
8 essential staff, fixed capital improvements, and other
9 resources to provide classification, security, food services,
10 health services, and other variable expenses within the
11 institutions to accommodate the estimated increase in the
12 inmate population. All actions taken pursuant to the authority
13 granted in this subsection shall be subject to review and
14 approval by the Legislative Budget Commission. This subsection
15 expires July 1, 2008 2007.
16 Section 7. In order to implement Specific
17 Appropriations 908, 913, 915, and 1161C through 1161AK of the
18 2007-2008 General Appropriations Act, paragraphs (c), (d), and
19 (e) are added to subsection (3) of section 216.292, Florida
20 Statutes, to read:
21 216.292 Appropriations nontransferable; exceptions.--
22 (3) The following transfers are authorized with the
23 approval of the Executive Office of the Governor for the
24 executive branch or the Chief Justice for the judicial branch,
25 subject to the notice and objection provisions of s. 216.177:
26 (c) The transfer of appropriations for operations from
27 general revenue between categories of appropriations within
28 each criminal conflict and civil regional counsel budget
29 entity. This paragraph expires July 1, 2008.
30
31
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1 (d) The transfer of appropriations for operations from
2 general revenue between criminal conflict and civil regional
3 counsel budget entities. This paragraph expires July 1, 2008.
4 (e) The transfer of appropriations for operations from
5 general revenue between criminal conflict and civil regional
6 counsel budget entities and the child dependency and civil
7 conflict case appropriation category and the criminal conflict
8 case costs appropriation category within the Justice
9 Administrative Commission. This paragraph expires July 1,
10 2008.
11 Section 8. In order to implement Specific
12 Appropriations 1388 and 1389 of the 2007-2008 General
13 Appropriations Act, the Department of Legal Affairs is
14 authorized to expend appropriated funds in Specific
15 Appropriations 1388 and 1389 on the same programs that were
16 funded by the department pursuant to specific appropriations
17 made in general appropriations acts in prior years.
18 Section 9. In order to implement Specific
19 Appropriation 1297 of the 2007-2008 General Appropriations
20 Act, paragraph (d) of subsection (4) of section 932.7055,
21 Florida Statutes, is amended to read:
22 932.7055 Disposition of liens and forfeited
23 property.--
24 (4) The proceeds from the sale of forfeited property
25 shall be disbursed in the following priority:
26 (d) Notwithstanding any other provision of this
27 subsection, and for the 2007-2008 2006-2007 fiscal year only,
28 the funds in a special law enforcement trust fund established
29 by the governing body of a municipality may be expended to
30 reimburse the general fund of the municipality for moneys
31 advanced from the general fund to the special law enforcement
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1 trust fund prior to October 1, 2001. This paragraph expires
2 July 1, 2008 2007.
3 Section 10. In order to implement the appropriation of
4 funds in Special Categories-Risk Management Insurance of the
5 2007-2008 General Appropriations Act, and pursuant to the
6 notice, review, and objection procedures of s. 216.177,
7 Florida Statutes, the Executive Office of the Governor is
8 authorized to transfer funds appropriated in the appropriation
9 category "Special Categories-Risk Management Insurance" of the
10 2007-2008 General Appropriations Act between departments in
11 order to align the budget authority granted with the premiums
12 paid by each department for risk management insurance. This
13 section expires July 1, 2008.
14 Section 11. In order to implement the appropriation of
15 funds in Special Categories-Transfer to Department of
16 Management Services-Human Resources Services Purchased Per
17 Statewide Contract of the 2007-2008 General Appropriations
18 Act, and pursuant to the notice, review, and objection
19 procedures of s. 216.177, Florida Statutes, the Executive
20 Office of the Governor is authorized to transfer funds
21 appropriated in the appropriation category "Special
22 Categories-Transfer to Department of Management Services-Human
23 Resources Services Purchased Per Statewide Contract" of the
24 2007-2008 General Appropriations Act between departments in
25 order to align the budget authority granted with the
26 assessments that must be paid by each agency to the Department
27 of Management Services for human resource management services.
28 This section expires July 1, 2008.
29 Section 12. In order to implement Specific
30 Appropriations 2942 through 2950 of the 2007-2008 General
31 Appropriations Act, paragraph (a) of subsection (3) and
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7110
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1 subsection (6) of section 287.17, Florida Statutes, are
2 reenacted to read:
3 287.17 Limitation on use of motor vehicles and
4 aircraft.--
5 (3)
6 (a) The term "official state business" may not be
7 construed to permit the use of a motor vehicle for commuting
8 purposes, unless special assignment of a motor vehicle is
9 authorized as a perquisite by the Department of Management
10 Services, required by an employee after normal duty hours to
11 perform duties of the position to which assigned, or
12 authorized for an employee whose home is the official base of
13 operation.
14 (6) It is the intention of the Legislature that
15 persons traveling on state aircraft for purposes consistent
16 with, but not necessarily constituting, official state
17 business may travel only when accompanying persons who are
18 traveling on official state business and that such persons
19 shall pay the state for all costs associated with such travel.
20 Notwithstanding paragraph (3)(a), a person traveling on state
21 aircraft for purposes other than official state business shall
22 pay for any trip not exclusively for state business by paying
23 a prorated share of all fixed and variable expenses related to
24 the ownership, operation, and use of such aircraft.
25 Section 13. The amendment of s. 287.17, Florida
26 Statutes, as carried forward by this act from chapters 2005-71
27 and 2006-26, Laws of Florida, shall expire July 1, 2008, and
28 the text of that section shall revert to that in existence on
29 June 30, 2005, except that any amendments to such text enacted
30 other than by chapters 2005-71 and 2006-26, Laws of Florida,
31 shall be preserved and continue to operate to the extent that
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1 such amendments are not dependent upon the portions of such
2 text which expire pursuant to this section.
3 Section 14. In order to implement Specific
4 Appropriations 2915 through 2928 of the 2007-2008 General
5 Appropriations Act, subsections (3) and (4) of section
6 255.249, Florida Statutes, are amended, and subsection (6) is
7 added to that section, to read:
8 255.249 Department of Management Services;
9 responsibility; department rules.--
10 (3)(a) The department shall, to the extent feasible,
11 coordinate the vacation of privately owned leased space with
12 the expiration of the lease on that space and, when a lease is
13 terminated before expiration of its base term, will make a
14 reasonable effort to place another state agency in the space
15 vacated. Any state agency may lease the space in any building
16 that was subject to a lease terminated by a state agency for a
17 period of time equal to the remainder of the base term without
18 the requirement of competitive bidding.
19 (b) The department shall annually publish a master
20 leasing report that lists, by agency, all leases that are due
21 to expire within 24 months. The annual report must include the
22 following information for each lease: location; size of leased
23 space; current cost per leased square foot; lease expiration
24 date; and a determination of whether sufficient state-owned
25 office space will be available at the expiration of the lease
26 to house affected employees. The report must also include a
27 list of amendments and supplements to and waivers of terms and
28 conditions in lease agreements that have been approved
29 pursuant to s. 255.25(2)(a) during the previous 12 months and
30 an associated comprehensive analysis, including financial
31 implications, showing that any amendment, supplement, or
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1 waiver is in the state's long-term best interest. The
2 department shall furnish the master leasing this report to the
3 Executive Office of the Governor and the Legislature by
4 September 15 of each year which provides the following
5 information: This paragraph expires July 1, 2007.
6 1. A list, by agency and by geographic market, of all
7 leases that are due to expire within 24 months.
8 2. Details of each lease, including location, size,
9 cost per leased square foot, lease-expiration date, and a
10 determination of whether sufficient state-owned office space
11 will be available at the expiration of the lease to
12 accommodate affected employees.
13 3. A list of amendments and supplements to and waivers
14 of terms and conditions in lease agreements that have been
15 approved pursuant to s. 255.25(2)(a) during the previous 12
16 months and an associated comprehensive analysis, including
17 financial implications, showing that any amendment,
18 supplement, or waiver is in the state's long-term best
19 interest.
20 4. Financial impacts to the pool rental rate due to
21 the sale, removal, acquisition, or construction of pool
22 facilities.
23 5. Changes in occupancy rate, maintenance costs, and
24 efficiency costs of leases in the state portfolio. Changes to
25 occupancy costs in leased space by market and changes to space
26 consumption by agency and by market.
27 6. An analysis of portfolio supply and demand.
28 7. Cost-benefit analyses of acquisition, build, and
29 consolidation opportunities, recommendations for strategic
30 consolidation, and strategic recommendations for disposition,
31 acquisition, and building.
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1 8. The updated plan required by s. 255.25(4)(c).
2 (c) By June 30 of each year, each state agency shall
3 annually provide to the department all information regarding
4 agency programs affecting the need for or use of space by that
5 agency, reviews of lease-expiration schedules for each
6 geographic area, active and planned full-time equivalent data,
7 business case analyses related to consolidation plans by an
8 agency, and current occupancy and relocation costs, inclusive
9 of furnishings, fixtures and equipment, data, and
10 communications.
11 (4) The department shall adopt promulgate rules
12 pursuant to chapter 120 providing:
13 (a) Methods for accomplishing the duties outlined in
14 subsection (1).
15 (b) Procedures for soliciting and accepting
16 competitive proposals for leased space of 5,000 square feet or
17 more in privately owned buildings, for evaluating the
18 proposals received, for exemption from competitive bidding
19 requirements of any lease the purpose of which is the
20 provision of care and living space for persons or emergency
21 space needs as provided in s. 255.25(10), and for the securing
22 of at least three documented quotes for a lease that is not
23 required to be competitively bid.
24 (c) A standard method for determining square footage
25 or any other measurement used as the basis for lease payments
26 or other charges.
27 (d) Methods of allocating space in both state-owned
28 office buildings and privately owned buildings leased by the
29 state based on use, personnel, and office equipment.
30 (e)1. Acceptable terms and conditions for inclusion in
31 lease agreements.
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1 2. Such terms and conditions shall include, at a
2 minimum, the following clauses, which may not be amended,
3 supplemented, or waived:
4 a. As provided in s. 255.2502, "The State of Florida's
5 performance and obligation to pay under this contract is
6 contingent upon an annual appropriation by the Legislature."
7 b. "The Lessee shall have the right to terminate,
8 without penalty, this lease in the event a State-owned
9 building becomes available to the Lessee for occupancy in the
10 County of ........, Florida, during the term of said lease for
11 the purposes for which this space is being leased upon giving
12 6 months' advance written notice to the Lessor by Certified
13 Mail, Return Receipt Requested."
14
15 This subparagraph expires July 1, 2008 2007.
16 (f) Maximum rental rates, by geographic areas or by
17 county, for leasing privately owned space.
18 (g) A standard method for the assessment of rent to
19 state agencies and other authorized occupants of state-owned
20 office space, notwithstanding the source of funds.
21 (h) For full disclosure of the names and the extent of
22 interest of the owners holding a 4-percent or more interest in
23 any privately owned property leased to the state or in the
24 entity holding title to the property, for exemption from such
25 disclosure of any beneficial interest which is represented by
26 stock in any corporation registered with the Securities and
27 Exchange Commission or registered pursuant to chapter 517,
28 which stock is for sale to the general public, and for
29 exemption from such disclosure of any leasehold interest in
30 property located outside the territorial boundaries of the
31 United States.
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1 (i) For full disclosure of the names of all public
2 officials, agents, or employees holding any interest in any
3 privately owned property leased to the state or in the entity
4 holding title to the property, and the nature and extent of
5 their interest, for exemption from such disclosure of any
6 beneficial interest which is represented by stock in any
7 corporation registered with the Securities and Exchange
8 Commission or registered pursuant to chapter 517, which stock
9 is for sale to the general public, and for exemption from such
10 disclosure of any leasehold interest in property located
11 outside the territorial boundaries of the United States.
12 (j) A method for reporting leases for nominal or no
13 consideration.
14 (k) For a lease of less than 5,000 square feet, a
15 method for certification by the agency head or the agency
16 head's designated representative that all criteria for leasing
17 have been fully complied with and for the filing of a copy of
18 such lease and all supporting documents with the department
19 for its review and approval as to technical sufficiency.
20 (6) The department may contract for real estate
21 consulting or tenant brokerage services in order to carry out
22 its duties relating to the strategic leasing plan. The
23 contract shall be procured pursuant to s. 287.057. The vendor
24 that is awarded the contract shall be compensated by the
25 department, subject to the provisions of the contract, and
26 such compensation is subject to appropriation by the
27 Legislature. The real estate consultant or tenant broker may
28 not receive compensation directly from a lessor for services
29 that are rendered pursuant to the contract. Moneys paid to the
30 real estate consultant or tenant broker are exempt from any
31 charge imposed under s. 287.1345. Moneys paid by a lessor to
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1 the department under a facility-leasing arrangement are not
2 subject to the charges imposed under s. 215.20.
3 Section 15. The amendments to s. 255.249, Florida
4 Statutes, made by this act shall expire July 1, 2008, and the
5 text of that section shall revert to that in existence on June
6 29, 2007, except that any amendments to such text enacted
7 other than by this act shall be preserved and continue to
8 operate to the extent that such amendments are not dependent
9 upon the portions of such text which expire pursuant to this
10 section.
11 Section 16. In order to implement Specific
12 Appropriations 2915 through 2928 of the 2007-2008 General
13 Appropriations Act, paragraph (d) of subsection (2) and
14 paragraph (c) of subsection (4) of section 255.25, Florida
15 Statutes, are amended, and paragraphs (f) and (g) are added to
16 subsection (3) of that section, to read:
17 255.25 Approval required prior to construction or
18 lease of buildings.--
19 (2)
20 (d) Notwithstanding paragraph (a) and except as
21 provided in ss. 255.249 and 255.2501, a state agency may not
22 lease a building or any part thereof unless prior approval of
23 the lease terms and conditions and of the need therefor is
24 first obtained from the Department of Management Services. The
25 department may not approve any term or condition in a lease
26 agreement which has been amended, supplemented, or waived
27 unless a comprehensive analysis, including financial
28 implications, demonstrates that such amendment, supplement, or
29 waiver is in the state's long-term best interest. Any approved
30 lease may include an option to purchase or an option to renew
31 the lease, or both, upon such terms and conditions as are
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1 established by the department subject to final approval by the
2 head of the Department of Management Services and the
3 provisions of s. 255.2502. This paragraph expires July 1, 2008
4 2007.
5 (3)
6 (f) Notwithstanding s. 287.056(1), a state agency may,
7 at the sole discretion of the agency head or his or her
8 designee, use the services of a tenant broker to assist with a
9 competitive solicitation undertaken by the agency. In making
10 its determination whether to use a tenant broker, a state
11 agency shall consult with the department. A state agency may
12 not use the services of a tenant broker unless the tenant
13 broker is under a term contract with the state which complies
14 with paragraph (g). If a state agency uses the services of a
15 tenant broker with respect to a transaction, the agency may
16 not enter into a lease with any landlord to which the tenant
17 broker is providing brokerage services for that transaction.
18 (g) The Department of Management Services may,
19 pursuant to s. 287.042(2)(a), procure a term contract for real
20 estate consulting and brokerage services. A state agency may
21 not purchase services from the contract unless the contract
22 has been procured under s. 287.057(1), (2), or (3) after March
23 1, 2007, and contains the following provisions or
24 requirements:
25 1. Awarded brokers must maintain an office or presence
26 in the market served. In awarding the contract, preference
27 must be given to brokers that are licensed in this state under
28 chapter 475 and that have 3 or more years of experience in the
29 market served. The contract may be made with up to three
30 tenant brokers in order to serve the marketplace in the north,
31 central, and south areas of the state.
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1 2. Each contracted tenant broker shall work under the
2 direction, supervision, and authority of the state agency,
3 subject to the rules governing lease procurements.
4 3. The department shall provide training for the
5 awarded tenant brokers concerning the rules governing the
6 procurement of leases.
7 4. Tenant brokers must comply with all applicable
8 provisions of s. 475.278.
9 5. Real estate consultants and tenant brokers shall be
10 compensated by the state agency, subject to the provisions of
11 the term contract, and such compensation is subject to
12 appropriation by the Legislature. A real estate consultant or
13 tenant broker may not receive compensation directly from a
14 lessor for services that are rendered under the term contract.
15 Moneys paid to a real estate consultant or tenant broker are
16 exempt from any charge imposed under s. 287.1345. Moneys paid
17 by a lessor to the state agency under a facility leasing
18 arrangement are not subject to the charges imposed under s.
19 215.20. All terms relating to the compensation of the real
20 estate consultant or tenant broker shall be specified in the
21 term contract and may not be supplemented or modified by the
22 state agency using the contract.
23 6. The department shall conduct periodic
24 customer-satisfaction surveys.
25 7. Each state agency shall report the following
26 information to the department:
27 a. The number of leases that adhere to the goal of the
28 workspace-management initiative of 180 square feet per FTE.
29 b. The quality of space leased and the adequacy of
30 tenant-improvement funds.
31
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1 c. The timeliness of lease procurement, measured from
2 the date of the agency's request to the finalization of the
3 lease.
4 d. Whether cost-benefit analyses were performed before
5 execution of the lease in order to ensure that the lease is in
6 the best interest of the state.
7 e. The lease costs compared to market rates for
8 similar types and classifications of space according to the
9 official classifications of the Building Owners and Managers
10 Association.
11 (4)
12 (c) Because the state has a substantial financial
13 investment in state-owned buildings, it is legislative policy
14 and intent that when state-owned buildings meet the needs of
15 state agencies, agencies must fully use such buildings before
16 leasing privately owned buildings. By September 15, 2006, the
17 Department of Management Services shall create a 5-year plan
18 for implementing this policy. The department shall update this
19 plan annually, detailing proposed departmental actions to meet
20 the plan's goals and shall furnish this plan annually as part
21 of the master leasing report. The department shall furnish
22 this plan to the President of the Senate, the Speaker of the
23 House of Representatives, and the Executive Office of the
24 Governor by September 15 of each year. This paragraph expires
25 July 1, 2008 2007.
26 Section 17. The amendments to s. 255.25, Florida
27 Statutes, made by this act shall expire July 1, 2008, and the
28 text of that section shall revert to that in existence on June
29 29, 2007, except that any amendments to such text enacted
30 other than by this act shall be preserved and continue to
31 operate to the extent that such amendments are not dependent
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1 upon the portions of such text which expire pursuant to this
2 section.
3 Section 18. In order to implement Specific
4 Appropriations 2915 through 2928 of the 2007-2008 General
5 Appropriations Act, subsection (7) of section 255.503, Florida
6 Statutes, is amended to read:
7 255.503 Powers of the Department of Management
8 Services.--The Department of Management Services shall have
9 all the authority necessary to carry out and effectuate the
10 purposes and provisions of this act, including, but not
11 limited to, the authority to:
12 (7)(a) Sell, lease, release, or otherwise dispose of
13 facilities in the pool in accordance with applicable law.
14 (b) No later than the date upon which the department
15 recommends to the Division of State Lands of the Department of
16 Environmental Protection the disposition of any facility
17 within the Florida Facilities Pool, the department shall
18 provide to the President of the Senate, the Speaker of the
19 House of Representatives, the Executive Office of the
20 Governor, and the Division of Bond Finance of the State Board
21 of Administration an analysis that includes:
22 1. The cost benefit of the proposed facility
23 disposition, including the facility's current operating
24 expenses, condition, and market value, and viable alternatives
25 for work space for impacted state employees.
26 2. The effect of the proposed facility disposition on
27 the financial status of the Florida Facilities Pool, including
28 the effect on rental rates and coverage requirement for the
29 bonds.
30
31 This paragraph expires July 1, 2008 2007.
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1 Section 19. Notwithstanding s. 403.7095, Florida
2 Statutes, in order to implement Specific Appropriation 1907 of
3 the 2007-2008 General Appropriations Act, the Department of
4 Environmental Protection shall award:
5 (1) $6,500,000 in grants equally to counties having
6 populations of fewer than 100,000 for waste tire, litter
7 prevention, recycling and education, and general solid waste
8 programs.
9 (2) $2,941,932 to be used for Innovative Grants.
10
11 This section expires July 1, 2008.
12 Section 20. In order to implement Specific
13 Appropriations 2057 through 2082 of the 2007-2008 General
14 Appropriations Act, subsection (5) of section 320.08058,
15 Florida Statutes, is amended to read:
16 320.08058 Specialty license plates.--
17 (5) FLORIDA PANTHER LICENSE PLATES.--
18 (a) The department shall develop a Florida panther
19 license plate as provided in this section. Florida panther
20 license plates must bear the design of a Florida panther and
21 the colors that department approves. In small letters, the
22 word "Florida" must appear at the bottom of the plate.
23 (b) The department shall distribute the Florida
24 panther license plate annual use fee to in the following
25 manner:
26 1. Eighty-five percent must be deposited in the
27 Florida Panther Research and Management Trust Fund in the Fish
28 and Wildlife Conservation Commission to be used for education
29 and programs to protect the endangered Florida panther.
30
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1 2. Fifteen percent, but no less than $300,000, must be
2 deposited in the Florida Communities Trust Fund to be used
3 pursuant to the Florida Communities Trust Act.
4 (c) A person or corporation that purchases 10,000 or
5 more panther license plates shall pay an annual use fee of $5
6 per plate and an annual processing fee of $2 per plate, in
7 addition to the applicable license tax required under s.
8 320.08.
9 Section 21. The amendments to s. 320.08058, Florida
10 Statutes, made by this act shall expire July 1, 2008, and the
11 text of that section shall revert to that in existence on June
12 29, 2007, except that any amendments to such text enacted
13 other than by this act shall be preserved and continue to
14 operate to the extent that such amendments are not dependent
15 upon the portions of the text which expire pursuant to this
16 section.
17 Section 22. In order to implement Specific
18 Appropriations 2453 through 2461 of the 2007-2008 General
19 Appropriations Act, section 550.135, Florida Statutes, is
20 amended to read:
21 550.135 Division of moneys derived under this
22 law.--All moneys that are deposited with the Chief Financial
23 Officer to the credit of the Pari-mutuel Wagering Trust Fund
24 shall be distributed as follows:
25 (1)(a) The daily license fee revenues collected
26 pursuant to this chapter s. 550.0951(1) shall be used to fund
27 the operating cost of the division and to provide a
28 proportionate share for of the operation of the office of the
29 secretary and the Division of Administration of the Department
30 of Business and Professional Regulation; however, other
31 collections in the Pari-mutuel Wagering Trust Fund may also be
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1 used to fund the operation of the division in accordance with
2 authorized appropriations.
3 (b) The revenues collected pursuant to chapter 551
4 shall be used to fund the operating costs of the division and
5 the Department of Law Enforcement in carrying out regulation
6 and enforcement activities with respect to slot machine gaming
7 and to provide a proportionate share for the operation of the
8 office of the secretary and the Division of Administration of
9 the Department of Business and Professional Regulation.
10 (2)(a) On June 30 of each year, all unappropriated
11 funds collected pursuant to this chapter in excess of $1.5
12 million in the Pari-mutuel Wagering Trust Fund shall be
13 deposited with the Chief Financial Officer to the credit of
14 the General Revenue Fund.
15 (b) On June 30 of each year, all unappropriated funds
16 collected pursuant to chapter 551 in excess of the sum of the
17 amounts appropriated in the General Appropriations Act for the
18 following fiscal year for the uses permitted in subsection (1)
19 shall be deposited with the Chief Financial Officer to the
20 credit of the General Revenue Fund.
21 Section 23. The amendments to s. 550.135, Florida
22 Statutes, made by this act shall expire July 1, 2008, and the
23 text of that section shall revert to that in existence on June
24 29, 2007, except that any amendments to such text enacted
25 other than by this act shall be preserved and continue to
26 operate to the extent that such amendments are not dependent
27 upon the portions of the text which expire pursuant to this
28 section.
29 Section 24. In order to implement Specific
30 Appropriation 1553A of the 2007-2008 General Appropriations
31
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1 Act, subsection (32) is added to section 581.031, Florida
2 Statutes, to read:
3 581.031 Department; powers and duties.--The department
4 has the following powers and duties:
5 (32) To conduct or cause to be conducted those
6 research projects on citrus disease, including, but not
7 limited to, citrus canker and citrus greening, which are
8 recommended by the Florida Citrus Production Research Advisory
9 Council, within the limits of appropriations made specifically
10 for such purpose. This subsection expires July 1, 2008.
11 Section 25. In order to implement Specific
12 Appropriations 1426 through 1600 of the 2007-2008 General
13 Appropriations Act, section 570.20, Florida Statutes, is
14 amended to read:
15 570.20 General Inspection Trust Fund.--
16 (1) All donations and all inspection fees and other
17 funds authorized and received from whatever source in the
18 enforcement of the inspection laws administered by the
19 department shall be paid into the General Inspection Trust
20 Fund of Florida, which is created in the office of the Chief
21 Financial Officer. All expenses incurred in carrying out the
22 provisions of the inspection laws shall be paid from this fund
23 as other funds are paid from the State Treasury. A percentage
24 of all revenue deposited in this fund, including transfers
25 from any subsidiary accounts, shall be deposited in the
26 General Revenue Fund pursuant to chapter 215, except that
27 funds collected for marketing orders shall pay at the rate of
28 3 percent.
29 (2) For the 2007-2008 fiscal year only and
30 notwithstanding any other provision of law to the contrary, in
31 addition to the spending authorized in subsection (1), moneys
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1 in the General Inspection Trust Fund may be appropriated for
2 programs operated by the department which are related to the
3 programs authorized by this chapter. This subsection expires
4 July 1, 2008.
5 Section 26. In order to implement Specific
6 Appropriation 2761 of the 2007-2008 General Appropriations
7 Act, paragraph (b) of subsection (9) of section 320.08058,
8 Florida Statutes, is amended to read:
9 320.08058 Specialty license plates.--
10 (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--
11 (b) The license plate annual use fees are to be
12 annually distributed as follows:
13 1. Fifty-five percent of the proceeds from the Florida
14 Professional Sports Team plate must be deposited into the
15 Professional Sports Development Trust Fund within the Office
16 of Tourism, Trade, and Economic Development. These funds must
17 be used solely to attract and support major sports events in
18 this state. As used in this subparagraph, the term "major
19 sports events" means, but is not limited to, championship or
20 all-star contests of Major League Baseball, the National
21 Basketball Association, the National Football League, the
22 National Hockey League, the men's and women's National
23 Collegiate Athletic Association Final Four basketball
24 championship, or a horseracing or dogracing Breeders' Cup. All
25 funds must be used to support and promote major sporting
26 events, and the uses must be approved by the Florida Sports
27 Foundation.
28 2. The remaining proceeds of the Florida Professional
29 Sports Team license plate must be allocated to the Florida
30 Sports Foundation, a direct-support organization of the Office
31 of Tourism, Trade, and Economic Development. These funds must
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1 be deposited into the Professional Sports Development Trust
2 Fund within the Office of Tourism, Trade, and Economic
3 Development. These funds must be used by the Florida Sports
4 Foundation to promote the economic development of the sports
5 industry; to distribute licensing and royalty fees to
6 participating professional sports teams; to promote education
7 programs in Florida schools that provide an awareness of the
8 benefits of physical activity and nutrition standards; to
9 partner with the Department of Education and the Department of
10 Health to develop a program that recognizes schools whose
11 students demonstrate excellent physical fitness or fitness
12 improvement; to institute a grant program for communities
13 bidding on minor sporting events that create an economic
14 impact for the state; to distribute funds to Florida-based
15 charities designated by the Florida Sports Foundation and the
16 participating professional sports teams; and to fulfill the
17 sports promotion responsibilities of the Office of Tourism,
18 Trade, and Economic Development.
19 3. The Florida Sports Foundation shall provide an
20 annual financial audit in accordance with s. 215.981 of its
21 financial accounts and records by an independent certified
22 public accountant pursuant to the contract established by the
23 Office of Tourism, Trade, and Economic Development as
24 specified in s. 288.1229(5). The auditor shall submit the
25 audit report to the Office of Tourism, Trade, and Economic
26 Development for review and approval. If the audit report is
27 approved, the office shall certify the audit report to the
28 Auditor General for review.
29 4. For the 2007-2008 2006-2007 fiscal year only and
30 notwithstanding the provisions of subparagraphs 1. and 2.,
31 proceeds from the Professional Sports Development Trust Fund
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1 may also be used for operational expenses of the Florida
2 Sports Foundation and financial support of the Sunshine State
3 Games. This subparagraph expires July 1, 2008 2007.
4 Section 27. In order to implement section 33 of the
5 2007-2008 General Appropriations Act, subsection (13) of
6 section 253.034, Florida Statutes, is amended to read:
7 253.034 State-owned lands; uses.--
8 (13) Notwithstanding the provisions of this section,
9 funds from the sale of property by the Department of Highway
10 Safety and Motor Vehicles located in Palm Beach County are
11 authorized to be deposited into the Highway Safety Operating
12 Trust Fund to facilitate the exchange as provided in the
13 General Appropriations Act, provided that at the conclusion of
14 both exchanges the values are equalized. This subsection
15 expires July 1, 2008 2007.
16 Section 28. In order to implement Specific
17 Appropriation 2188 of the 2007-2008 General Appropriations
18 Act, subsection (3) of section 311.22, Florida Statutes, is
19 amended to read:
20 311.22 Additional authorization for funding certain
21 dredging projects.--
22 (3) For the 2007-2008 2006-2007 fiscal year only and
23 notwithstanding the matching basis specified in subsection
24 (1), funding for projects in subsection (1) shall require a
25 minimum 25 percent match of funds received pursuant to this
26 section. This subsection expires July 1, 2008 2007.
27 Section 29. In order to implement Specific
28 Appropriation 1621AD of the 2007-2008 General Appropriations
29 Act and notwithstanding s. 252.37(5)(b), Florida Statutes,
30 local governments that failed to apply for a waiver under s.
31 252.37, Florida Statutes, within the first 18 months following
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1 the declaration of a disaster resulting from Hurricanes
2 Charley, Frances, Ivan, and Jeanne may submit applications for
3 consideration by the Executive Office of the Governor until
4 January 1, 2008. The Executive Office of the Governor may
5 approve a waiver, subject to the requirement for legislative
6 notice and review under s. 216.177, Florida Statutes, of all
7 or a portion of the required match for public assistance
8 projects for local governments if the Executive Office of the
9 Governor determines that such a match requirement cannot be
10 provided, or that doing so would impose a documented hardship
11 on the local government, and if the local government applies
12 for the waiver by the date specified in this section.
13 Section 30. In order to implement the issuance of new
14 debt authorized in the 2007-2008 General Appropriations Act,
15 and pursuant to the requirements of s. 215.98, Florida
16 Statutes, the Legislature determines that the authorization
17 and issuance of debt for the 2007-2008 fiscal year is in the
18 best interest of the state and should be implemented.
19 Section 31. A section of this act that implements a
20 specific appropriation or specifically identified proviso
21 language in the 2007-2008 General Appropriations Act is void
22 if the specific appropriation or specifically identified
23 proviso language is vetoed. A section of this act that
24 implements more than one specific appropriation or more than
25 one portion of specifically identified proviso language in the
26 2007-2008 General Appropriations Act is void if all the
27 specific appropriations or portions of specifically identified
28 proviso language are vetoed.
29 Section 32. If any other act passed in 2007 contains a
30 provision that is substantively the same as a provision in
31 this act, but that removes or is otherwise not subject to the
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1 future repeal applied to such provision by this act, the
2 Legislature intends that the provision in the other act shall
3 take precedence and shall continue to operate, notwithstanding
4 the future repeal provided by this act.
5 Section 33. If any provision of this act or its
6 application to any person or circumstance is held invalid, the
7 invalidity does not affect other provisions or applications of
8 the act which can be given effect without the invalid
9 provision or application, and to this end the provisions of
10 this act are severable.
11 Section 34. Except as otherwise expressly provided in
12 this act, this act shall take effect June 30, 2007; or, if
13 this act fails to become a law until after that date, it shall
14 take effect upon becoming a law and shall operate
15 retroactively to June 30, 2007.
16
17 *****************************************
18 SENATE SUMMARY
19 Implements the 2007-2008 General Appropriations Act.
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