HB 7009

1	A reviser's bill to be entitled
2	An act relating to the Florida Statutes; repealing ss.
3	216.292(5)(b), 255.503(7)(b), 288.1088(4),
4	339.08(1)(n) and (p), 339.135(7)(a) and (b),
5	341.102(1), 403.1651(3), 445.007(10) and (11),
6	921.0019, 1001.451(2)(c), and 1004.226, F.S.; and
7	amending s. 373.079(4)(a), F.S.; to delete provisions
8	which have become inoperative by noncurrent repeal or
9	expiration and, pursuant to s. 11.242(5)(b) and (i),
10	may be omitted from the 2012 Florida Statutes only
11	through a reviser's bill duly enacted by the
12	Legislature; amending s. 1004.648(12), F.S., to
13	conform a cross-reference; providing an effective
14	date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Paragraph (b) of subsection (5) of section
19	216.292, Florida Statutes, is repealed.
20	Reviser's note.-The cited paragraph, which provides
21	that, for the 2010-2011 fiscal year only, the Governor
22	may recommend the initiation of fixed capital outlay
23	projects funded by grants awarded by the Federal
24	Government through the American Recovery and
25	Reinvestment Act of 2009 or by any other federal
26	economic stimulus grant funding received, expired
27	pursuant to its own terms, effective July 1, 2011.
28	Section 2.  Paragraph (b) of subsection (7) of section
29	255.503, Florida Statutes, is repealed.
30	Reviser's note.-The cited paragraph, which required
31	provision of an analysis when disposition of a
32	facility within the Florida Facilities Pool was
33	recommended, expired pursuant to its own terms,
34	effective July 1, 2011.
35	Section 3.  Subsection (4) of section 288.1088, Florida
36	Statutes, is repealed.
37	Reviser's note.-The cited subsection, which relates to
38	requests for contract renegotiation by a Quick Action
39	Closing Fund business submitting reports within a
40	limited timeframe, expired pursuant to its own terms,
41	effective June 30, 2011.
42	Section 4.  Paragraphs (n) and (p) of subsection (1) of
43	section 339.08, Florida Statutes, are repealed.
44	Reviser's note.-The cited paragraphs, which relate to
45	expenditure of moneys in the State Transportation
46	Trust Fund for a multicounty transportation or
47	expressway authority created under chapter 343 or
48	chapter 348, where jurisdiction for the authority
49	includes a portion of the State Highway System and the
50	administrative expenses are in furtherance of the
51	duties and responsibilities of the authority in the
52	development of improvements to the State Highway
53	System, and to pay for county and school district
54	transportation infrastructure improvements,
55	respectively, expired pursuant to their own terms,
56	effective July 1, 2011.
57	Section 5.  Paragraphs (a) and (b) of subsection (7) of
58	section 339.135, Florida Statutes, are repealed.
59	Reviser's note.-The cited paragraphs, which relate to
60	legislative intent to maintain fiscal solvency, make
61	prudent use of fiscal resources to minimize project
62	deferral, reduce certain financial projects not
63	programmed for contract letting, reduce cash balances
64	to a specified level to balance the finance plan and
65	cash forecast to the revised funding levels resulting
66	from any reduction in the 2010-2011 General
67	Appropriations Act, and require provision of a
68	specified list of documents to the Legislative Budget
69	Commission with submittal of the work program
70	amendment, expired pursuant to their own terms,
71	effective July 1, 2011.
72	Section 6.  Subsection (1) of section 341.102, Florida
73	Statutes, is repealed.
74	Reviser's note.-The cited subsection, which provides a
75	limited exemption from local government regulation for
76	certain nonpublic sector buses engaged solely in
77	intercounty transportation, or engaged in intracity
78	transportation routes if the owner can establish that
79	the bus route has been operated continuously from
80	January 1, 1990, through April 1, 1991, and such
81	intracity transportation has been conducted in
82	compliance with applicable safety rules and
83	regulations promulgated under s. 316.70, the partial
84	exemption to be limited to routes maintained
85	continuously from January 1, 1990, through April 1,
86	1991, expired by its own terms effective April 1,
87	2011, or 10 years after any change in ownership of
88	such bus, whichever occurs first.
89	Section 7.  Paragraph (a) of subsection (4) of section
90	373.079, Florida Statutes, is amended to read:
91	373.079  Members of governing board; oath of office;
92	staff.-
93	(4)  The governing board of the district shall employ:
94	(a)  An executive director, ombudsman, and such engineers,
95	other professional persons, and other personnel and assistants
96	as it deems necessary and under such terms and conditions as it
97	may determine and to terminate such employment. The appointment
98	of an executive director by the governing board is subject to
99	approval by the Governor and must be initially confirmed by the
100	Senate. The governing board may delegate all or part of its
101	authority under this paragraph to the executive director.
102	However, the governing board shall delegate to the executive
103	director all of its authority to take final action on permit
104	applications under part IV or petitions for variances or waivers
105	of permitting requirements under part IV.
106	1.  The executive director may execute such delegated
107	authority through designated staff members. Such delegations
108	shall not be subject to the rulemaking requirements of chapter
109	120. The governing board must provide a process for referring a
110	denial of such application or petition to the governing board
111	for the purpose of taking final action. The executive director
112	must be confirmed by the Senate upon employment and must be
113	confirmed or reconfirmed by the Senate during the second regular
114	session of the Legislature following a gubernatorial election.
115	2.  The delegation required by this paragraph shall
116	expressly prohibit governing board members from individually
117	intervening in any manner during the review of an application
118	before such application is referred to the governing board for
119	final action. This subparagraph does not prohibit the governing
120	board as a collegial body from acting on any permit application
121	or supervising, overseeing, or directing the activities of
122	district staff. This subparagraph expires June 1, 2011, unless
123	reenacted by the Legislature.
124	Reviser's note.-The cited paragraph was amended to
125	delete subparagraph 2., which expired pursuant to its
126	own terms, effective June 1, 2011.
127	Section 8.  Subsection (3) of section 403.1651, Florida
128	Statutes, is repealed.
129	Reviser's note.-The cited subsection, which relates to
130	authorization of transfer of moneys in the Ecosystems
131	Management and Restoration Trust Fund to the General
132	Inspection Trust Fund in the Department of Agriculture
133	and Consumer Services for the Farm Share, Food Banks,
134	and Mosquito Control programs, and the Technological
135	Research and Development Authority, for the 2010-2011
136	fiscal year only, expired pursuant to its own terms,
137	effective July 1, 2011.
138	Section 9.  Subsections (10) and (11) of section 445.007,
139	Florida Statutes, are repealed.
140	Reviser's note.-The cited subsections, which relate to
141	prohibition on use of state and federal funds for
142	food, beverages, and entertainment for members, staff,
143	or employees of regional workforce boards, Workforce
144	Florida, Inc., or the Agency for Workforce Innovation
145	except as expressly authorized by state law, and
146	requires boards to comply with specified section
147	requirements before contracting with a member of the
148	regional workforce board and to submit the contracts
149	and related documentation to the Agency for Workforce
150	Innovation for review and recommendation, expired
151	pursuant to their own terms, effective July 1, 2011.
152	Section 10.  Section 921.0019, Florida Statutes, is
153	repealed.
154	Reviser's note.-The cited section creates the
155	Correctional Policy Advisory Council. Section 2, ch.
156	2008-54, Laws of Florida, abolished the council,
157	effective July 1, 2011. Since the section was not
158	repealed by a "current session" of the Legislature, it
159	may be omitted from the 2012 Florida Statutes only
160	through a reviser's bill duly enacted by the
161	Legislature. See s. 11.242(5)(b) and (i).
162	Section 11.  Paragraph (c) of subsection (2) of section
163	1001.451, Florida Statutes, is repealed.
164	Reviser's note.-The cited paragraph, which authorizes
165	an appropriation of less than $50,000 for incentive
166	grants for regional consortium service organizations
167	consisting of four or more school districts for the
168	2010-2011 fiscal year, expired pursuant to its own
169	terms, effective July 1, 2011.
170	Section 12.  Section 1004.226, Florida Statutes, is
171	repealed.
172	Reviser's note.-The cited section, the 21st Century
173	Technology, Research, and Scholarship Enhancement Act,
174	was repealed by s. 6, ch. 2006-58, Laws of Florida,
175	effective June 30, 2011. Since the section was not
176	repealed by a "current session" of the Legislature, it
177	may be omitted from the 2012 Florida Statutes only
178	through a reviser's bill duly enacted by the
179	Legislature. See s. 11.242(5)(b) and (i).
180	Section 13.  Subsection (12) of section 1004.648, Florida
181	Statutes, is amended to read:
182	1004.648  Florida Energy Systems Consortium.-
183	(12)  The steering committee shall consist of the
184	university representatives included in the Centers of Excellence
185	proposals for the Florida Energy Systems Consortium and the
186	Center of Excellence in Ocean Energy Technology-Phase II which
187	were reviewed during the 2007-2008 fiscal year by the Florida
188	Technology, Research, and Scholarship Board created in s.
189	1004.226(4), Florida Statutes 2006; a university representative
190	appointed by the President of Florida International University;
191	and a representative of the Department of Agriculture and
192	Consumer Services. The steering committee is responsible for
193	establishing and ensuring the success of the consortium's
194	mission under subsection (9).
195	Reviser's note.-Amended to conform to the repeal of s.
196	1004.226 by this act.
197	Section 14.  This act shall take effect on the 60th day
198	after adjournment sine die of the session of the Legislature in
199	which enacted.

CODING: Words stricken are deletions; words underlined are additions.