Florida Senate - 2012                                     SB 898
       
       
       
       By Senator Thrasher
       
       
       
       
       8-00867-12                                             2012898__
    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   19  216.292, Florida Statutes, is repealed.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 that, for
   21         the 2010-2011 fiscal year only, the Governor may recommend
   22         the initiation of fixed capital outlay projects funded by
   23         grants awarded by the Federal Government through the
   24         American Recovery and Reinvestment Act of 2009 or by any
   25         other federal economic stimulus grant funding received,
   26         expired pursuant to its own terms, effective July 1, 2011.
   27         Section 2. Paragraph (b) of subsection (7) of section
   28  255.503, Florida Statutes, is repealed.
   29         Reviser’s note.—The cited paragraph, which required provision of
   30         an analysis when disposition of a facility within the
   31         Florida Facilities Pool was recommended, expired pursuant
   32         to its own terms, effective July 1, 2011.
   33         Section 3. Subsection (4) of section 288.1088, Florida
   34  Statutes, is repealed.
   35         Reviser’s note.—The cited subsection, which relates to requests
   36         for contract renegotiation by a Quick Action Closing Fund
   37         business submitting reports within a limited timeframe,
   38         expired pursuant to its own terms, effective June 30, 2011.
   39         Section 4. Paragraphs (n) and (p) of subsection (1) of
   40  section 339.08, Florida Statutes, are repealed.
   41         Reviser’s note.—The cited paragraphs, which relate to
   42         expenditure of moneys in the State Transportation Trust
   43         Fund for a multicounty transportation or expressway
   44         authority created under chapter 343 or chapter 348, where
   45         jurisdiction for the authority includes a portion of the
   46         State Highway System and the administrative expenses are in
   47         furtherance of the duties and responsibilities of the
   48         authority in the development of improvements to the State
   49         Highway System, and to pay for county and school district
   50         transportation infrastructure improvements, respectively,
   51         expired pursuant to their own terms, effective July 1,
   52         2011.
   53         Section 5. Paragraphs (a) and (b) of subsection (7) of
   54  section 339.135, Florida Statutes, are repealed.
   55         Reviser’s note.—The cited paragraphs, which relate to
   56         legislative intent to maintain fiscal solvency, make
   57         prudent use of fiscal resources to minimize project
   58         deferral, reduce certain financial projects not programmed
   59         for contract letting, reduce cash balances to a specified
   60         level to balance the finance plan and cash forecast to the
   61         revised funding levels resulting from any reduction in the
   62         2010-2011 General Appropriations Act, and require provision
   63         of a specified list of documents to the Legislative Budget
   64         Commission with submittal of the work program amendment,
   65         expired pursuant to their own terms, effective July 1,
   66         2011.
   67         Section 6. Subsection (1) of section 341.102, Florida
   68  Statutes, is repealed.
   69         Reviser’s note.—The cited subsection, which provides a limited
   70         exemption from local government regulation for certain
   71         nonpublic sector buses engaged solely in intercounty
   72         transportation, or engaged in intracity transportation
   73         routes if the owner can establish that the bus route has
   74         been operated continuously from January 1, 1990, through
   75         April 1, 1991, and such intracity transportation has been
   76         conducted in compliance with applicable safety rules and
   77         regulations promulgated under s. 316.70, the partial
   78         exemption to be limited to routes maintained continuously
   79         from January 1, 1990, through April 1, 1991, expired by its
   80         own terms effective April 1, 2011, or 10 years after any
   81         change in ownership of such bus, whichever occurs first.
   82         Section 7. Paragraph (a) of subsection (4) of section
   83  373.079, Florida Statutes, is amended to read:
   84         373.079 Members of governing board; oath of office; staff.—
   85         (4) The governing board of the district shall employ:
   86         (a) An executive director, ombudsman, and such engineers,
   87  other professional persons, and other personnel and assistants
   88  as it deems necessary and under such terms and conditions as it
   89  may determine and to terminate such employment. The appointment
   90  of an executive director by the governing board is subject to
   91  approval by the Governor and must be initially confirmed by the
   92  Senate. The governing board may delegate all or part of its
   93  authority under this paragraph to the executive director.
   94  However, the governing board shall delegate to the executive
   95  director all of its authority to take final action on permit
   96  applications under part IV or petitions for variances or waivers
   97  of permitting requirements under part IV.
   98         1. The executive director may execute such delegated
   99  authority through designated staff members. Such delegations
  100  shall not be subject to the rulemaking requirements of chapter
  101  120. The governing board must provide a process for referring a
  102  denial of such application or petition to the governing board
  103  for the purpose of taking final action. The executive director
  104  must be confirmed by the Senate upon employment and must be
  105  confirmed or reconfirmed by the Senate during the second regular
  106  session of the Legislature following a gubernatorial election.
  107         2. The delegation required by this paragraph shall
  108  expressly prohibit governing board members from individually
  109  intervening in any manner during the review of an application
  110  before such application is referred to the governing board for
  111  final action. This subparagraph does not prohibit the governing
  112  board as a collegial body from acting on any permit application
  113  or supervising, overseeing, or directing the activities of
  114  district staff. This subparagraph expires June 1, 2011, unless
  115  reenacted by the Legislature.
  116         Reviser’s note.—The cited paragraph was amended to delete
  117         subparagraph 2., which expired pursuant to its own terms,
  118         effective June 1, 2011.
  119         Section 8. Subsection (3) of section 403.1651, Florida
  120  Statutes, is repealed.
  121         Reviser’s note.—The cited subsection, which relates to
  122         authorization of transfer of moneys in the Ecosystems
  123         Management and Restoration Trust Fund to the General
  124         Inspection Trust Fund in the Department of Agriculture and
  125         Consumer Services for the Farm Share, Food Banks, and
  126         Mosquito Control programs, and the Technological Research
  127         and Development Authority, for the 2010-2011 fiscal year
  128         only, expired pursuant to its own terms, effective July 1,
  129         2011.
  130         Section 9. Subsections (10) and (11) of section 445.007,
  131  Florida Statutes, are repealed.
  132         Reviser’s note.—The cited subsections, which relate to
  133         prohibition on use of state and federal funds for food,
  134         beverages, and entertainment for members, staff, or
  135         employees of regional workforce boards, Workforce Florida,
  136         Inc., or the Agency for Workforce Innovation except as
  137         expressly authorized by state law, and requires boards to
  138         comply with specified section requirements before
  139         contracting with a member of the regional workforce board
  140         and to submit the contracts and related documentation to
  141         the Agency for Workforce Innovation for review and
  142         recommendation, expired pursuant to their own terms,
  143         effective July 1, 2011.
  144         Section 10. Section 921.0019, Florida Statutes, is
  145  repealed.
  146         Reviser’s note.—The cited section creates the Correctional
  147         Policy Advisory Council. Section 2, ch. 2008-54, Laws of
  148         Florida, abolished the council, effective July 1, 2011.
  149         Since the section was not repealed by a “current session”
  150         of the Legislature, it may be omitted from the 2012 Florida
  151         Statutes only through a reviser’s bill duly enacted by the
  152         Legislature. See s. 11.242(5)(b) and (i).
  153         Section 11. Paragraph (c) of subsection (2) of section
  154  1001.451, Florida Statutes, is repealed.
  155         Reviser’s note.—The cited paragraph, which authorizes an
  156         appropriation of less than $50,000 for incentive grants for
  157         regional consortium service organizations consisting of
  158         four or more school districts for the 2010-2011 fiscal
  159         year, expired pursuant to its own terms, effective July 1,
  160         2011.
  161         Section 12. Section 1004.226, Florida Statutes, is
  162  repealed.
  163         Reviser’s note.—The cited section, the 21st Century Technology,
  164         Research, and Scholarship Enhancement Act, was repealed by
  165         s. 6, ch. 2006-58, Laws of Florida, effective June 30,
  166         2011. Since the section was not repealed by a “current
  167         session” of the Legislature, it may be omitted from the
  168         2012 Florida Statutes only through a reviser’s bill duly
  169         enacted by the Legislature. See s. 11.242(5)(b) and (i).
  170         Section 13. Subsection (12) of section 1004.648, Florida
  171  Statutes, is amended to read:
  172         1004.648 Florida Energy Systems Consortium.—
  173         (12) The steering committee shall consist of the university
  174  representatives included in the Centers of Excellence proposals
  175  for the Florida Energy Systems Consortium and the Center of
  176  Excellence in Ocean Energy Technology-Phase II which were
  177  reviewed during the 2007-2008 fiscal year by the Florida
  178  Technology, Research, and Scholarship Board created in s.
  179  1004.226(4), Florida Statutes 2006; a university representative
  180  appointed by the President of Florida International University;
  181  and a representative of the Department of Agriculture and
  182  Consumer Services. The steering committee is responsible for
  183  establishing and ensuring the success of the consortium’s
  184  mission under subsection (9).
  185         Reviser’s note.—Amended to conform to the repeal of s. 1004.226
  186         by this act.
  187         Section 14. This act shall take effect on the 60th day
  188  after adjournment sine die of the session of the Legislature in
  189  which enacted.