Proposed Committee Substitute by the Committee on Transportation

and Economic Development Appropriations

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A bill to be entitled

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An act implementing the 2008-2009 General Appropriations

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Act; providing legislative intent; reenacting s.

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215.32(2)(b), F.S., relating to the source and use of

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certain trust funds in order to implement the transfer of

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moneys to the General Revenue Fund from trust funds in the

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2008-2009 General Appropriations Act; amending s. 253.034,

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F.S.; delaying the expiration of provisions authorizing

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the deposit of funds from the sale of property located in

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Palm Beach County into the Highway Safety Operating Trust

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Fund by the Department of Highway Safety and Motor

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Vehicles; amending s. 320.08058, F.S.; delaying the

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expiration of provisions authorizing proceeds from the

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Professional Sports Development Trust Fund to be used for

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operational expenses of the Florida Sports Foundation and

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financial support of the Sunshine State Games; amending s.

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339.135, F.S.; delaying the expiration of provisions

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requiring the Department of Transportation to transfer

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funds to the Office of Tourism, Trade, and Economic

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Development for the purpose of funding economic

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development transportation projects; amending s. 553.721,

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F.S.; providing for the proceeds from the surcharge

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collected by the Department of Community Affairs on

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building additions and renovations to be used to fund

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regional planning councils, civil legal assistance, and

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the Front Porch Florida Initiative; providing for the

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effect of a veto of one or more specific appropriations or

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proviso provisions to which implementing language refers;

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providing for the continued operation of certain

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provisions notwithstanding a future repeal or expiration

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provided by the act; providing for severability; providing

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for contingent retroactive application; providing

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effective dates.

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

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

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implementing and administering provisions of this act apply to

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the act making appropriations for the 2008-2009 fiscal year.

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     Section 2.  In order to implement the transfer of moneys to

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the General Revenue Fund from trust funds in the 2008-2009

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General Appropriations Act, paragraph (b) of subsection (2) of

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section 215.32, Florida Statutes, is reenacted to read:

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     215.32  State funds; segregation.--

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     (2)  The source and use of each of these funds shall be as

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follows:

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     (b)1.  The trust funds shall consist of moneys received by

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the state which under law or under trust agreement are segregated

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for a purpose authorized by law. The state agency or branch of

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state government receiving or collecting such moneys shall be

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responsible for their proper expenditure as provided by law. Upon

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the request of the state agency or branch of state government

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responsible for the administration of the trust fund, the Chief

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Financial Officer may establish accounts within the trust fund at

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a level considered necessary for proper accountability. Once an

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account is established within a trust fund, the Chief Financial

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Officer may authorize payment from that account only upon

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determining that there is sufficient cash and releases at the

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level of the account.

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     2.  In addition to other trust funds created by law, to the

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extent possible, each agency shall use the following trust funds

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as described in this subparagraph for day-to-day operations:

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     a.  Operations or operating trust fund, for use as a

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depository for funds to be used for program operations funded by

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program revenues, with the exception of administrative activities

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when the operations or operating trust fund is a proprietary

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fund.

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     b.  Operations and maintenance trust fund, for use as a

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depository for client services funded by third-party payors.

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     c.  Administrative trust fund, for use as a depository for

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funds to be used for management activities that are departmental

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in nature and funded by indirect cost earnings and assessments

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against trust funds. Proprietary funds are excluded from the

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requirement of using an administrative trust fund.

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     d.  Grants and donations trust fund, for use as a depository

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for funds to be used for allowable grant or donor agreement

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activities funded by restricted contractual revenue from private

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and public nonfederal sources.

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     e.  Agency working capital trust fund, for use as a

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depository for funds to be used pursuant to s. 216.272.

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     f.  Clearing funds trust fund, for use as a depository for

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funds to account for collections pending distribution to lawful

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recipients.

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     g.  Federal grant trust fund, for use as a depository for

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funds to be used for allowable grant activities funded by

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restricted program revenues from federal sources.

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To the extent possible, each agency must adjust its internal

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accounting to use existing trust funds consistent with the

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requirements of this subparagraph. If an agency does not have

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trust funds listed in this subparagraph and cannot make such

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adjustment, the agency must recommend the creation of the

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necessary trust funds to the Legislature no later than the next

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scheduled review of the agency's trust funds pursuant to s.

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215.3206.

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     3.  All such moneys are hereby appropriated to be expended

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in accordance with the law or trust agreement under which they

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were received, subject always to the provisions of chapter 216

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relating to the appropriation of funds and to the applicable laws

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relating to the deposit or expenditure of moneys in the State

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Treasury.

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     4.a.  Notwithstanding any provision of law restricting the

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use of trust funds to specific purposes, unappropriated cash

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balances from selected trust funds may be authorized by the

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Legislature for transfer to the Budget Stabilization Fund and

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General Revenue Fund in the General Appropriations Act.

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     b.  This subparagraph does not apply to trust funds required

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by federal programs or mandates; trust funds established for bond

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covenants, indentures, or resolutions whose revenues are legally

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pledged by the state or public body to meet debt service or other

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financial requirements of any debt obligations of the state or

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any public body; the State Transportation Trust Fund; the trust

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fund containing the net annual proceeds from the Florida

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Education Lotteries; the Florida Retirement System Trust Fund;

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trust funds under the management of the State Board of Education

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or the Board of Governors of the State University System, where

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such trust funds are for auxiliary enterprises, self-insurance,

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and contracts, grants, and donations, as those terms are defined

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by general law; trust funds that serve as clearing funds or

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accounts for the Chief Financial Officer or state agencies; trust

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funds that account for assets held by the state in a trustee

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capacity as an agent or fiduciary for individuals, private

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organizations, or other governmental units; and other trust funds

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authorized by the State Constitution.

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     Section 3.  In order to implement Section 9 of the 2008-2009

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General Appropriations Act, subsection (13) of section 253.034,

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Florida Statutes, is amended to read:

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     253.034  State-owned lands; uses.--

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     (13)  Notwithstanding the provisions of this section, funds

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from the sale of property by the Department of Highway Safety and

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Motor Vehicles located in Palm Beach County are authorized to be

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deposited into the Highway Safety Operating Trust Fund to

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facilitate the exchange as provided in the General Appropriations

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Act, provided that at the conclusion of both exchanges the values

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are equalized. This subsection expires July 1, 2009 2008.

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     Section 4.  In order to implement Specific Appropriation

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2638 of the 2008-2009 General Appropriations Act, paragraph (b)

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of subsection (9) of section 320.08058, Florida Statutes, is

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amended to read:

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     320.08058  Specialty license plates.--

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     (9)  FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--

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     (b)  The license plate annual use fees are to be annually

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distributed as follows:

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     1.  Fifty-five percent of the proceeds from the Florida

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Professional Sports Team plate must be deposited into the

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Professional Sports Development Trust Fund within the Office of

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Tourism, Trade, and Economic Development. These funds must be

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used solely to attract and support major sports events in this

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state. As used in this subparagraph, the term "major sports

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events" means, but is not limited to, championship or all-star

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contests of Major League Baseball, the National Basketball

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Association, the National Football League, the National Hockey

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League, the men's and women's National Collegiate Athletic

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Association Final Four basketball championship, or a horseracing

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or dogracing Breeders' Cup. All funds must be used to support and

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promote major sporting events, and the uses must be approved by

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the Florida Sports Foundation.

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     2.  The remaining proceeds of the Florida Professional

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Sports Team license plate must be allocated to the Florida Sports

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Foundation, a direct-support organization of the Office of

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Tourism, Trade, and Economic Development. These funds must be

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deposited into the Professional Sports Development Trust Fund

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within the Office of Tourism, Trade, and Economic Development.

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These funds must be used by the Florida Sports Foundation to

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promote the economic development of the sports industry; to

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distribute licensing and royalty fees to participating

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professional sports teams; to promote education programs in

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Florida schools that provide an awareness of the benefits of

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physical activity and nutrition standards; to partner with the

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Department of Education and the Department of Health to develop a

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program that recognizes schools whose students demonstrate

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excellent physical fitness or fitness improvement; to institute a

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grant program for communities bidding on minor sporting events

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that create an economic impact for the state; to distribute funds

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to Florida-based charities designated by the Florida Sports

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Foundation and the participating professional sports teams; and

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to fulfill the sports promotion responsibilities of the Office of

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Tourism, Trade, and Economic Development.

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     3.  The Florida Sports Foundation shall provide an annual

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financial audit in accordance with s. 215.981 of its financial

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accounts and records by an independent certified public

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accountant pursuant to the contract established by the Office of

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Tourism, Trade, and Economic Development as specified in s.

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288.1229(5). The auditor shall submit the audit report to the

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Office of Tourism, Trade, and Economic Development for review and

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approval. If the audit report is approved, the office shall

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certify the audit report to the Auditor General for review.

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     4. For the 2008-2009 2007-2008 fiscal year only and

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notwithstanding the provisions of subparagraphs 1. and 2.,

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proceeds from the Professional Sports Development Trust Fund may

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also be used for operational expenses of the Florida Sports

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Foundation and financial support of the Sunshine State Games.

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This subparagraph expires July 1, 2009 2008.

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     Section 5.  In order to implement Specific Appropriation

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2115 of the 2008-2009 General Appropriations Act, subsection (5)

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of section 339.135, Florida Statutes, is amended to read:

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     339.135  Work program; legislative budget request;

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definitions; preparation, adoption, execution, and amendment.--

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     (5)(a)  ADOPTION OF THE WORK PROGRAM.--The original approved

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budget for operational and fixed capital expenditures for the

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department shall be the Governor's budget recommendation and the

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first year of the tentative work program, as both are amended by

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the General Appropriations Act and any other act containing

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appropriations. In accordance with the appropriations act, the

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department shall, prior to the beginning of the fiscal year,

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adopt a final work program which shall only include the original

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approved budget for the department for the ensuing fiscal year

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together with any roll forwards approved pursuant to paragraph

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(6)(c) and the portion of the tentative work program for the

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following 4 fiscal years revised in accordance with the original

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approved budget for the department for the ensuing fiscal year

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together with said roll forwards. The adopted work program may

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include only those projects submitted as part of the tentative

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work program developed under the provisions of subsection (4)

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plus any projects which are separately identified by specific

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appropriation in the General Appropriations Act and any roll

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forwards approved pursuant to paragraph (6)(c). However, any

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transportation project of the department which is identified by

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specific appropriation in the General Appropriations Act shall be

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deducted from the funds annually distributed to the respective

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district pursuant to paragraph (4)(a). In addition, the

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department shall not in any year include any project or allocate

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funds to a program in the adopted work program that is contrary

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to existing law for that particular year. Projects shall not be

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undertaken unless they are listed in the adopted work program.

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     (b) Notwithstanding paragraph (a), and for the 2008-2009

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2007-2008 fiscal year only, the Department of Transportation

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shall transfer funds to the Office of Tourism, Trade, and

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Economic Development in an amount equal to $40 million

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$25,400,000 for the purpose of funding economic development

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transportation projects. This transfer shall not reduce, delete,

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or defer any existing projects funded, as of July 1, 2008 2007,

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in the Department of Transportation's 5-year work program. This

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paragraph expires July 1, 2009 2008.

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     (c)  Notwithstanding paragraph (a), and for the 2007-2008

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fiscal year only, the Department of Transportation shall provide

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funds for the Seaport Strategic Planning and Financing Task Force

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in an amount not to exceed $75,000; the preliminary engineering

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and environmental plans and activities for the construction of an

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interchange on Suncoast Parkway and Lutz Fern Road in an amount

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not to exceed $975,000; the Rehabilitation of Local Bridges in an

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amount not to exceed $300,000; and the East Winterberry Bridge

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Replacement in an amount not to exceed $500,000. To fund these

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specific appropriations, the Department of Transportation shall

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not reduce, delete, or defer any existing projects funded as of

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July 1, 2007, in the 5-year work program. This paragraph expires

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July 1, 2008.

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     Section 6.  In order to implement Specific Appropriations

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1511, 1586, and 1606A and section 10 of the 2008-2009 General

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Appropriations Act, section 553.721, Florida Statutes, is amended

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to read:

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     553.721  Surcharge.--

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     (1) In order for the Department of Community Affairs to

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administer and carry out the purposes of this part and related

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activities, there is hereby created a surcharge, to be assessed

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at the rate of one-half cent per square foot under-roof floor

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space permitted pursuant to s. 125.56(4) or s. 166.201. However,

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for additions, alterations, or renovations to existing buildings,

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the surcharge shall be computed on the basis of the square

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footage being added, altered, or renovated. The unit of

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government responsible for collecting a permit fee pursuant to s.

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125.56(4) or s. 166.201 shall collect such surcharge and remit

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the funds collected to the department on a quarterly calendar

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basis, and such unit of government may retain an amount up to 5

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percent of the surcharge collected to cover costs associated with

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the collection and remittance of such surcharge. All funds

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remitted to the department pursuant to this subsection shall be

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deposited in the Operating Trust Fund. Funds collected from such

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surcharge shall not be used to fund research on techniques for

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mitigation of radon in existing buildings. Funds used by the

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department as well as funds to be transferred to the Department

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of Health shall be as prescribed in the annual General

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Appropriations Act. The department shall adopt rules governing

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the collection and remittance of surcharges in accordance with

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chapter 120.

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     (2) Notwithstanding subsection (1), and for the 2008-2009

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fiscal year only, the amount transferred from the Operating Trust

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Fund to the Grants and Donations Trust Fund of the Department of

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Community Affairs pursuant to the General Appropriations Act for

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the 2008-2009 fiscal year shall be used for the regional planning

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councils, civil legal assistance, and the Front Porch Florida

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Initiative.

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     Section 7. Any section of this act which implements a

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specific appropriation or specifically identified proviso

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language in the act making appropriations for the 2008-2009

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fiscal year is void if the specific appropriation or specifically

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identified proviso language is vetoed. Any section of this act

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which implements more than one specific appropriation or more

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than one portion of specifically identified proviso language in

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the act making appropriations for the 2008-2009 fiscal year is

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void if all the specific appropriations or portions of

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specifically identified proviso language are vetoed.

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     Section 8. If any other act passed in 2008 contains a

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provision that is substantively the same as a provision in this

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

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repeal applied to such provision by this act, the Legislature

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intends that the provision in the other act shall take precedence

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and shall continue to operate, notwithstanding the future repeal

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provided by this act.

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     Section 9. If any provision of this act or its application

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to any person or circumstance is held invalid, the invalidity

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does not affect other provisions or applications of the act which

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can be given effect without the invalid provision or application,

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and to this end the provisions of this act are severable.

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     Section 10.  Except as otherwise expressly provided in this

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act, this act shall take effect July 1, 2008; or, if this act

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fails to become law until after that date, it shall take effect

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upon becoming a law and shall operate retroactively to July 1,

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2008.