Florida Senate - 2009                             CS for SB 1776
       
       
       
       By the Committee on Transportation and Economic Development
       Appropriations; and Senator Fasano
       
       
       
       606-04024-09                                          20091776c1
    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; amending s. 332.007, F.S.;
   19         authorizing the Department of Transportation to fund
   20         operational and maintenance assistance at publicly
   21         owned public-use airports; providing for the
   22         expiration of such authority and the reversion of
   23         statutory text; providing for the effect of a veto of
   24         one or more specific appropriations or proviso
   25         provisions to which implementing language refers;
   26         providing for the continued operation of certain
   27         provisions notwithstanding a future repeal or
   28         expiration provided by the act; providing for
   29         severability; providing effective dates.
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. It is the intent of the Legislature that the
   34  implementing and administering provisions of this act apply to
   35  the General Appropriations Act for the 2009-2010 fiscal year.
   36         Section 2. In order to implement section 11 of the 2009
   37  2010 General Appropriations Act, subsection (13) of section
   38  253.034, Florida Statutes, is amended to read:
   39         253.034 State-owned lands; uses.—
   40         (13) Notwithstanding the provisions of this section, funds
   41  from the sale of property by the Department of Highway Safety
   42  and Motor Vehicles located in Palm Beach County are authorized
   43  to be deposited into the Highway Safety Operating Trust Fund to
   44  facilitate the exchange as provided in the General
   45  Appropriations Act, provided that at the conclusion of both
   46  exchanges the values are equalized. This subsection expires July
   47  1, 2010 2009.
   48         Section 3. In order to implement section 10 of the 2009
   49  2010 General Appropriations Act, paragraph (n) of subsection (1)
   50  of section 339.08, Florida Statutes, is amended to read:
   51         339.08 Use of moneys in State Transportation Trust Fund.—
   52         (1) The department shall expend moneys in the State
   53  Transportation Trust Fund accruing to the department, in
   54  accordance with its annual budget. The use of such moneys shall
   55  be restricted to the following purposes:
   56         (n) To pay administrative expenses incurred in accordance
   57  with applicable laws for a multicounty transportation or
   58  expressway authority created under chapter 343 or chapter 348,
   59  where jurisdiction for the authority includes a portion of the
   60  State Highway System and the administrative expenses are in
   61  furtherance of the duties and responsibilities of the authority
   62  in the development of improvements to the State Highway System.
   63  This paragraph expires July 1, 2010 2009.
   64         Section 4. In order to implement Specific Appropriation
   65  2042 of the 2009-2010 General Appropriations Act, subsection (5)
   66  of section 339.135, Florida Statutes, is amended to read:
   67         339.135 Work program; legislative budget request;
   68  definitions; preparation, adoption, execution, and amendment.—
   69         (5)
   70         (a) ADOPTION OF THE WORK PROGRAM.—The original approved
   71  budget for operational and fixed capital expenditures for the
   72  department shall be the Governor’s budget recommendation and the
   73  first year of the tentative work program, as both are amended by
   74  the General Appropriations Act and any other act containing
   75  appropriations. In accordance with the appropriations act, the
   76  department shall, prior to the beginning of the fiscal year,
   77  adopt a final work program which shall only include the original
   78  approved budget for the department for the ensuing fiscal year
   79  together with any roll forwards approved pursuant to paragraph
   80  (6)(c) and the portion of the tentative work program for the
   81  following 4 fiscal years revised in accordance with the original
   82  approved budget for the department for the ensuing fiscal year
   83  together with said roll forwards. The adopted work program may
   84  include only those projects submitted as part of the tentative
   85  work program developed under the provisions of subsection (4)
   86  plus any projects which are separately identified by specific
   87  appropriation in the General Appropriations Act and any roll
   88  forwards approved pursuant to paragraph (6)(c). However, any
   89  transportation project of the department which is identified by
   90  specific appropriation in the General Appropriations Act shall
   91  be deducted from the funds annually distributed to the
   92  respective district pursuant to paragraph (4)(a). In addition,
   93  the department shall not in any year include any project or
   94  allocate funds to a program in the adopted work program that is
   95  contrary to existing law for that particular year. Projects
   96  shall not be undertaken unless they are listed in the adopted
   97  work program.
   98         (b) Notwithstanding paragraph (a), and for the 2009-2010
   99  2008-2009 fiscal year only, the Department of Transportation
  100  shall transfer funds to the Office of Tourism, Trade, and
  101  Economic Development in an amount equal to $20 million
  102  $36,750,000 for the purpose of funding transportation-related
  103  needs of economic development projects, space and aerospace
  104  infrastructure, and other economic development projects. This
  105  transfer shall not reduce, delete, or defer any existing
  106  projects funded, as of July 1, 2009 2008, in the Department of
  107  Transportation’s 5-year work program. This paragraph expires
  108  July 1, 2010 2009.
  109         (c)Notwithstanding paragraph (a) or subparagraph (4)(a)1.,
  110  and for the 2008-2009 fiscal year only, the Department of
  111  Transportation shall fund projects in Specific Appropriations
  112  2063, 2071, 2077, 2079, 2102, 2106, 2109, and 2116 of the 2008
  113  2009 General Appropriations Act. Funding for these specific
  114  appropriations shall be from projects or phases thereof within
  115  the department’s fiscal year 2008-2009 work program not
  116  programmed for contract letting as identified with a work
  117  program contract class code 8 and the box code RV. This funding
  118  shall not negatively impact safety, preservation, maintenance,
  119  or project contingency levels as of July 1, 2008. This paragraph
  120  expires July 1, 2009.
  121         Section 5. In order to implement Specific Appropriation
  122  1998 of the 2009-2010 General Appropriations Act, subsection (8)
  123  of section 332.007, Florida Statutes, is amended to read:
  124         332.007 Administration and financing of aviation and
  125  airport programs and projects; state plan.—
  126         (8) Notwithstanding any other provision of law to the
  127  contrary, the department is authorized to fund security
  128  projects, including operational and maintenance assistance, at
  129  publicly owned public-use airports. For projects in the current
  130  adopted work program, or projects added using the available
  131  budget of the department, airports may request the department
  132  change the project purpose in accordance with this provision
  133  notwithstanding the provisions of s. 339.135(7). For purposes of
  134  this subsection, the department may fund up to 100 percent of
  135  eligible project costs that are not funded by the Federal
  136  Government. This subsection shall expire on June 30, 2012.
  137         Section 6. The amendment to s. 332.007(8), Florida
  138  Statutes, made by this act shall expire July 1, 2010, and the
  139  text of that subsection shall revert to that in existence on
  140  June 30, 2009, except that any amendments to such text enacted
  141  other than by this act shall be preserved and continue to
  142  operate to the extent that such amendments are not dependent
  143  upon the portions of such text which expire pursuant to this
  144  section.
  145         Section 7. A section of this act which implements a
  146  specific appropriation or specifically identified proviso
  147  language in the 2009-2010 General Appropriations Act is void if
  148  the specific appropriation or specifically identified proviso
  149  language is vetoed. A section of this act which implements more
  150  than one specific appropriation or more than one portion of
  151  specifically identified proviso language in the 2009-2010
  152  General Appropriations Act is void if all the specific
  153  appropriations or portions of specifically identified proviso
  154  language are vetoed.
  155         Section 8. If any other act passed in 2009 contains a
  156  provision that is substantively the same as a provision in this
  157  act, but that removes or is otherwise not subject to the future
  158  repeal applied to such provision by this act, the Legislature
  159  intends that the provision in the other act shall take
  160  precedence and shall continue to operate, notwithstanding the
  161  future repeal provided by this act.
  162         Section 9. If any provision of this act or its application
  163  to any person or circumstance is held invalid, the invalidity
  164  does not affect other provisions or applications of the act
  165  which can be given effect without the invalid provision or
  166  application, and to this end the provisions of this act are
  167  severable.
  168         Section 10. Except as otherwise expressly provided in this
  169  act and except for this section, which shall take effect upon
  170  this act becoming a law, this act shall take effect July 1,
  171  2009, or if this act fails to become a law until after that
  172  date, it shall take effect upon becoming a law and shall operate
  173  retroactively to July 1, 2009.