Florida Senate - 2010                                    SB 2032
       
       
       
       By Senator Detert
       
       
       
       
       23-01436C-10                                          20102032__
    1                        A bill to be entitled                      
    2         An act relating to state and federal relations;
    3         amending s. 14.23, F.S.; revising legislative intent;
    4         providing for the Chief Financial Officer, the
    5         Governor’s Office of Federal Revenue Maximization, and
    6         the Legislative Committee on Intergovernmental
    7         Relations to have direct access to the staff of the
    8         Office of State-Federal Relations; requiring the
    9         Office of State-Federal Relations to cooperate with
   10         the Chief Financial Officer, the Governor’s Office of
   11         Federal Revenue Maximization, the Legislature, and the
   12         Legislative Committee on Intergovernmental Relations;
   13         requiring that the Office of State-Federal Relations
   14         submit an annual report to the Governor and
   15         Legislature; amending s. 216.212, F.S.; creating the
   16         Office of Federal Revenue Maximization within the
   17         Governor’s Office of Policy and Budget; requiring that
   18         the office respond to federal grant opportunities and
   19         coordinate the use of federal funds in the state;
   20         revising duties of executive branch offices and
   21         procedures for state agencies with respect to requests
   22         for and the receipt of federal funds; requiring that
   23         the Office of Federal Revenue Maximization prepare an
   24         annual report on its activities during the preceding
   25         calendar year; amending s. 403.061, F.S.; eliminating
   26         certain duties of the Department of Environmental
   27         Protection with respect to its review of applications
   28         for federal grants and the operation of the Florida
   29         State Clearinghouse; amending s. 427.013, F.S.;
   30         conforming a cross-reference; providing an effective
   31         date.
   32  
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Section 14.23, Florida Statutes, is amended to
   36  read:
   37         14.23 State-Federal relations.—
   38         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
   39  to establish mechanisms through which the legislative and
   40  executive branches of state government can work together in a
   41  cooperative alliance, to strengthen the state’s relationship
   42  with our Congressional Delegation and with federal executive
   43  branch agencies, to improve our position in relation to federal
   44  legislative initiatives which have a fiscal impact or
   45  substantive policy impact on the state, and to establish and
   46  maintain a viable network and communications structure to
   47  facilitate the transmittal of essential information between
   48  executive and legislative branch state officials and
   49  congressional and federal officials, and to take all necessary
   50  steps to maximize the receipt of various federal funds by the
   51  State of Florida. Florida’s Congressional Delegation is, in this
   52  regard, the most important linkage in representing Florida’s
   53  interests in the nation’s capital. Therefore, the mechanisms and
   54  resources created herein, for the furtherance of the state’s
   55  intergovernmental efforts, shall include the Congressional
   56  Delegation and be available to meet its needs.
   57         (2) CREATION OF THE OFFICE OF STATE-FEDERAL RELATIONS.—
   58         (a) There is created, within the Executive Office of the
   59  Governor, the Office of State-Federal Relations for the State of
   60  Florida, hereinafter referred to as the “office,” to be located
   61  in Washington, D.C. The office shall represent both the
   62  legislative and executive branches of state government. The
   63  Chief Financial Officer, the Governor’s Office of Federal
   64  Revenue Maximization, as authorized by s. 216.212, the
   65  Legislature, and the Legislative Committee on Intergovernmental
   66  Relations shall have direct access to the staff of the office.
   67         (b) The duties of the office shall be determined by the
   68  Governor, in consultation with the President of the Senate and
   69  the Speaker of the House of Representatives, and shall include,
   70  but not be limited to, the following:
   71         1. To provide legislative and administrative liaison
   72  between executive and legislative branch state officials and
   73  federal officials and agencies and with Congress.
   74         2. To provide grants assistance and advice to state
   75  agencies.
   76         3. To assist in the development and implementation of
   77  strategies for the evaluation and management of the state’s
   78  federal legislative program and intergovernmental efforts.
   79         4. To facilitate the activities of Florida officials
   80  traveling to Washington, D.C., in the performance of their
   81  official duties.
   82         (c) The head of the office shall be the director, who shall
   83  be appointed by and serve at the pleasure of the Governor.
   84         (3) COOPERATION AND COORDINATION.—For the purpose of
   85  centralizing the state-federal relations efforts of the state,
   86  state agencies and their representatives shall cooperate and
   87  coordinate their state-federal efforts and activities with the
   88  office. The office shall cooperate with the Chief Financial
   89  Officer, the Governor’s Office of Federal Revenue Maximization,
   90  the Legislature, and the Legislative Committee on
   91  Intergovernmental Relations. State agencies which have
   92  representatives headquartered in Washington, D.C., are
   93  encouraged to station their representatives in the office.
   94         (4) ANNUAL REPORT.—The office shall transmit to the
   95  Governor, the President of the Senate, the Speaker of the House
   96  of Representatives, and the executive director of the
   97  Legislative Committee on Intergovernmental Relations by February
   98  1 of each year a report on its activities to cooperate,
   99  coordinate, and satisfy the duties specified in subsections (2)
  100  and (3) during the preceding calendar year.
  101         (5)(4)(a) NOMINATIONS TO FEDERAL REGIONAL FISHERIES
  102  MANAGEMENT COUNCILS.—The Governor is prohibited from nominating
  103  for appointment to any one of the federal fisheries management
  104  councils established under 16 U.S.C. ss. 1801 et seq., as
  105  amended, the name of any person who is, or who has been at any
  106  time during the 24 months preceding such nomination, a lobbyist
  107  for any entity of any kind whatsoever whose interests are or
  108  could be affected by actions or decisions of such fisheries
  109  management councils.
  110         (b) For purposes of this section, the term “lobbyist” means
  111  any natural person who is required to register pursuant to s.
  112  11.045 or the equivalent federal statute and who, for
  113  compensation, seeks, or sought during the preceding 24 months,
  114  to influence the governmental decisionmaking of a reporting
  115  individual or procurement employee, as those terms are defined
  116  under s. 112.3148, or his or her agency, to encourage the
  117  passage, defeat, or modification of any proposal or
  118  recommendation by such reporting individual or procurement
  119  employee or his or her agency.
  120         Section 2. Section 216.212, Florida Statutes, is amended to
  121  read:
  122         216.212 Office of Federal Revenue Maximization; budgets for
  123  federal funds; restrictions on expenditure of federal funds.—
  124         (1) The Office of Federal Revenue Maximization is created
  125  within the Office of Policy and Budget in the Executive Office
  126  of the Governor. The Office of Federal Revenue Maximization
  127  shall develop the capacity to respond to federal grant
  128  opportunities and coordinate the use of federal funds in the
  129  state with the Chief Financial Officer, the Governor’s Office of
  130  State-Federal Relations, as authorized by s. 14.23, the
  131  judiciary, the Legislature, and the Legislative Committee on
  132  Intergovernmental Relations.
  133         (2)(1) The Office of Federal Revenue Maximization Executive
  134  Office of the Governor and the office of the Chief Financial
  135  Officer shall develop and implement procedures for accelerating
  136  the drawdown of, and minimizing the payment of interest on,
  137  federal funds. The Executive Office of the Governor shall
  138  establish a clearinghouse for federal programs and activities.
  139  The clearinghouse shall develop the capacity to respond to
  140  federal grant opportunities and to coordinate the use of federal
  141  funds in the state.
  142         (a) Every state agency, when making a request or preparing
  143  a budget to be submitted to the Federal Government for funds,
  144  equipment, material, or services, shall submit such request or
  145  budget to the Office of Federal Revenue Maximization Executive
  146  Office of the Governor for review and approval before submitting
  147  it to the proper federal authority. However, the Office of
  148  Federal Revenue Maximization Executive Office of the Governor
  149  may specifically authorize any agency to submit specific types
  150  of grant proposals directly to the Federal Government.
  151         (b) Every office or court of the judicial branch, when
  152  making a request or preparing a budget to be submitted to the
  153  Federal Government for funds, equipment, material, or services,
  154  shall submit such request or budget to the Chief Justice of the
  155  Supreme Court for approval before submitting it to the proper
  156  federal authority. However, the Chief Justice may specifically
  157  authorize any court to submit specific types of grant proposals
  158  directly to the Federal Government. A copy of each request,
  159  budget, or grant proposal submitted to the Federal Government
  160  must be provided to the Office of Federal Revenue Maximization.
  161         (3)(2) When such federal authority has approved the request
  162  or budget, the state agency or the judicial branch shall submit
  163  to the Office of Federal Revenue Maximization Executive Office
  164  of the Governor such documentation showing approval as that
  165  office prescribes. The Office of Federal Revenue Maximization
  166  Executive Office of the Governor must acknowledge each approved
  167  request or budget by entering that approval into an Automated
  168  Grant Management System developed in consultation with the
  169  chairs of the House of Representatives and Senate appropriations
  170  committees.
  171         (4)(3) Federal money appropriated by Congress or received
  172  from court settlements to be used for state purposes, whether by
  173  itself or in conjunction with moneys appropriated by the
  174  Legislature, may not be expended unless appropriated by the
  175  Legislature. However, the Office of Federal Revenue Maximization
  176  within the Executive Office of the Governor or the Chief Justice
  177  of the Supreme Court may, after consultation with the
  178  legislative appropriations committees, approve the receipt and
  179  expenditure of funds from federal sources by state agencies or
  180  by the judicial branch. Any federal programs requiring state
  181  matching funds which funds were eliminated, or were requested
  182  and were not approved, by the Legislature may not be implemented
  183  during the interim. However, federal and other fund sources for
  184  the State University System which do not carry a continuing
  185  commitment on future appropriations are hereby appropriated for
  186  the purpose received.
  187         (5) The Office of Federal Revenue Maximization shall
  188  transmit to the Governor, the Chief Financial Officer, the Chief
  189  Justice of the Supreme Court, the President of the Senate, the
  190  Speaker of the House of Representatives, and the executive
  191  director of the Legislative Committee on Intergovernmental
  192  Relations by February 1 of each year a report that details the
  193  office’s efforts during the preceding calendar year to respond
  194  to federal grant opportunities; coordinate the use of federal
  195  funds in the state; and accelerate the drawdown of, and minimize
  196  the payment of interest on, federal funds.
  197         Section 3. Subsection (40) of section 403.061, Florida
  198  Statutes, is amended to read:
  199         403.061 Department; powers and duties.—The department shall
  200  have the power and the duty to control and prohibit pollution of
  201  air and water in accordance with the law and rules adopted and
  202  promulgated by it and, for this purpose, to:
  203         (40) Serve as the state’s single point of contact for
  204  performing the responsibilities described in Presidential
  205  Executive Order 12372, including administration and operation of
  206  the Florida State Clearinghouse. The Florida State Clearinghouse
  207  shall Be responsible for coordinating interagency reviews of the
  208  following: federal activities and actions subject to the federal
  209  consistency requirements of s. 307 of the Coastal Zone
  210  Management Act and; documents prepared pursuant to the National
  211  Environmental Policy Act, 42 U.S.C. ss. 4321 et seq., and the
  212  Outer Continental Shelf Lands Act, 43 U.S.C. ss. 1331 et seq.;
  213  applications for federal funding pursuant to s. 216.212; and
  214  other notices and information regarding federal activities in
  215  the state, as appropriate. The Florida State Clearinghouse shall
  216  ensure that state agency comments and recommendations on the
  217  environmental, social, and economic impact of proposed federal
  218  actions are communicated to federal agencies, applicants, local
  219  governments, and interested parties.
  220  
  221  The department shall implement such programs in conjunction with
  222  its other powers and duties and shall place special emphasis on
  223  reducing and eliminating contamination that presents a threat to
  224  humans, animals or plants, or to the environment.
  225         Section 4. Subsection (17) of section 427.013, Florida
  226  Statutes, is amended to read:
  227         427.013 The Commission for the Transportation
  228  Disadvantaged; purpose and responsibilities.—The purpose of the
  229  commission is to accomplish the coordination of transportation
  230  services provided to the transportation disadvantaged. The goal
  231  of this coordination is to assure the cost-effective provision
  232  of transportation by qualified community transportation
  233  coordinators or transportation operators for the transportation
  234  disadvantaged without any bias or presumption in favor of
  235  multioperator systems or not-for-profit transportation operators
  236  over single operator systems or for-profit transportation
  237  operators. In carrying out this purpose, the commission shall:
  238         (17) Review, monitor, and coordinate all transportation
  239  disadvantaged local government, state, and federal fund requests
  240  and plans for conformance with commission policy, without
  241  delaying the application process. Such funds shall be available
  242  only to those entities participating in an approved coordinated
  243  transportation system or entities which have received a
  244  commission-approved waiver to obtain all or part of their
  245  transportation through another means. This process shall
  246  identify procedures for coordinating with the state’s
  247  intergovernmental coordination and review procedures and s.
  248  216.212(1) and any other appropriate grant review process.
  249         Section 5. This act shall take effect July 1, 2010.