Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1776
       
       
       
       
       
                                Barcode 615268                          
       
       606-03471A-09                                                   
       Proposed Committee Substitute by the Committee on Transportation
       and Economic Development Appropriations
    1                        A bill to be entitled                      
    2         An act implementing the 2009-2010 General
    3         Appropriations Act; providing legislative intent;
    4         amending s. 253.034, F.S.; delaying the expiration of
    5         provisions authorizing the deposit of funds from the
    6         sale of property located in Palm Beach County by the
    7         Department of Highway Safety and Motor Vehicles into
    8         the Highway Safety Operating Trust Fund; amending s.
    9         339.08, F.S.; delaying the expiration of provisions
   10         relating to the use of funds from the State
   11         Transportation Trust Fund; amending s. 339.135, F.S.;
   12         delaying the expiration of provisions relating to the
   13         transfer of funds from the Department of
   14         Transportation to the Office of Tourism, Trade, and
   15         Economic Development for the purpose of funding the
   16         transportation-related needs of certain projects;
   17         revising the amount of such transfer; deleting
   18         obsolete provisions; providing for the effect of a
   19         veto of one or more specific appropriations or proviso
   20         provisions to which implementing language refers;
   21         providing for the continued operation of certain
   22         provisions notwithstanding a future repeal or
   23         expiration provided by the act; providing for
   24         severability; providing effective dates.
   25  
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. It is the intent of the Legislature that the
   29  implementing and administering provisions of this act apply to
   30  the General Appropriations Act for the 2009-2010 fiscal year.
   31         Section 2. In order to implement section 11 of the 2009
   32  2010 General Appropriations Act, subsection (13) of section
   33  253.034, Florida Statutes, is amended to read:
   34         253.034 State-owned lands; uses.—
   35         (13) Notwithstanding the provisions of this section, funds
   36  from the sale of property by the Department of Highway Safety
   37  and Motor Vehicles located in Palm Beach County are authorized
   38  to be deposited into the Highway Safety Operating Trust Fund to
   39  facilitate the exchange as provided in the General
   40  Appropriations Act, provided that at the conclusion of both
   41  exchanges the values are equalized. This subsection expires July
   42  1, 2010 2009.
   43         Section 3. In order to implement section 10 of the 2009
   44  2010 General Appropriations Act, paragraph (n) of subsection (1)
   45  of section 339.08, Florida Statutes, is amended to read:
   46         339.08 Use of moneys in State Transportation Trust Fund.—
   47         (1) The department shall expend moneys in the State
   48  Transportation Trust Fund accruing to the department, in
   49  accordance with its annual budget. The use of such moneys shall
   50  be restricted to the following purposes:
   51         (n) To pay administrative expenses incurred in accordance
   52  with applicable laws for a multicounty transportation or
   53  expressway authority created under chapter 343 or chapter 348,
   54  where jurisdiction for the authority includes a portion of the
   55  State Highway System and the administrative expenses are in
   56  furtherance of the duties and responsibilities of the authority
   57  in the development of improvements to the State Highway System.
   58  This paragraph expires July 1, 2010 2009.
   59         Section 4. In order to implement Specific Appropriation
   60  2042 of the 2009-2010 General Appropriations Act, subsection (5)
   61  of section 339.135, Florida Statutes, is amended to read:
   62         339.135 Work program; legislative budget request;
   63  definitions; preparation, adoption, execution, and amendment.—
   64         (5)
   65         (a) ADOPTION OF THE WORK PROGRAM.—The original approved
   66  budget for operational and fixed capital expenditures for the
   67  department shall be the Governor’s budget recommendation and the
   68  first year of the tentative work program, as both are amended by
   69  the General Appropriations Act and any other act containing
   70  appropriations. In accordance with the appropriations act, the
   71  department shall, prior to the beginning of the fiscal year,
   72  adopt a final work program which shall only include the original
   73  approved budget for the department for the ensuing fiscal year
   74  together with any roll forwards approved pursuant to paragraph
   75  (6)(c) and the portion of the tentative work program for the
   76  following 4 fiscal years revised in accordance with the original
   77  approved budget for the department for the ensuing fiscal year
   78  together with said roll forwards. The adopted work program may
   79  include only those projects submitted as part of the tentative
   80  work program developed under the provisions of subsection (4)
   81  plus any projects which are separately identified by specific
   82  appropriation in the General Appropriations Act and any roll
   83  forwards approved pursuant to paragraph (6)(c). However, any
   84  transportation project of the department which is identified by
   85  specific appropriation in the General Appropriations Act shall
   86  be deducted from the funds annually distributed to the
   87  respective district pursuant to paragraph (4)(a). In addition,
   88  the department shall not in any year include any project or
   89  allocate funds to a program in the adopted work program that is
   90  contrary to existing law for that particular year. Projects
   91  shall not be undertaken unless they are listed in the adopted
   92  work program.
   93         (b) Notwithstanding paragraph (a), and for the 2009-2010
   94  2008-2009 fiscal year only, the Department of Transportation
   95  shall transfer funds to the Office of Tourism, Trade, and
   96  Economic Development in an amount equal to $20 million
   97  $36,750,000 for the purpose of funding transportation-related
   98  needs of economic development projects, space and aerospace
   99  infrastructure, and other economic development projects. This
  100  transfer shall not reduce, delete, or defer any existing
  101  projects funded, as of July 1, 2009 2008, in the Department of
  102  Transportation’s 5-year work program. This paragraph expires
  103  July 1, 2010 2009.
  104         (c)Notwithstanding paragraph (a) or subparagraph (4)(a)1.,
  105  and for the 2008-2009 fiscal year only, the Department of
  106  Transportation shall fund projects in Specific Appropriations
  107  2063, 2071, 2077, 2079, 2102, 2106, 2109, and 2116 of the 2008
  108  2009 General Appropriations Act. Funding for these specific
  109  appropriations shall be from projects or phases thereof within
  110  the department’s fiscal year 2008-2009 work program not
  111  programmed for contract letting as identified with a work
  112  program contract class code 8 and the box code RV. This funding
  113  shall not negatively impact safety, preservation, maintenance,
  114  or project contingency levels as of July 1, 2008. This paragraph
  115  expires July 1, 2009.
  116         Section 5. A section of this act which implements a
  117  specific appropriation or specifically identified proviso
  118  language in the 2009-2010 General Appropriations Act is void if
  119  the specific appropriation or specifically identified proviso
  120  language is vetoed. A section of this act which implements more
  121  than one specific appropriation or more than one portion of
  122  specifically identified proviso language in the 2009-2010
  123  General Appropriations Act is void if all the specific
  124  appropriations or portions of specifically identified proviso
  125  language are vetoed.
  126         Section 6. If any other act passed in 2009 contains a
  127  provision that is substantively the same as a provision in this
  128  act, but that removes or is otherwise not subject to the future
  129  repeal applied to such provision by this act, the Legislature
  130  intends that the provision in the other act shall take
  131  precedence and shall continue to operate, notwithstanding the
  132  future repeal provided by this act.
  133         Section 7. If any provision of this act or its application
  134  to any person or circumstance is held invalid, the invalidity
  135  does not affect other provisions or applications of the act
  136  which can be given effect without the invalid provision or
  137  application, and to this end the provisions of this act are
  138  severable.
  139         Section 8. Except as otherwise expressly provided in this
  140  act and except for this section, which shall take effect upon
  141  this act becoming a law, this act shall take effect July 1,
  142  2009, or if this act fails to become a law until after that
  143  date, it shall take effect upon becoming a law and shall operate
  144  retroactively to July 1, 2009.
  145