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 Paragraph (b) of subsection (5) of section 19 216.292, Florida Statutes, is repealed. 20 Reviser’s note.—The cited paragraph, which provides that, for 21 the 2010-2011 fiscal year only, the Governor may recommend 22 the initiation of fixed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 Paragraph (b) of subsection (7) of section 28 255.503, Florida Statutes, is repealed. 29 Reviser’s note.—The cited paragraph, which required provision of 30 an analysis when disposition of a facility within the 31 Florida Facilities Pool was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 Subsection (4) of section 288.1088, Florida 34 Statutes, is repealed. 35 Reviser’s note.—The cited subsection, which relates to requests 36 for contract renegotiation by a Quick Action Closing Fund 37 business submitting reports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 Paragraphs (n) and (p) of subsection (1) of 40 section 339.08, Florida Statutes, are repealed. 41 Reviser’s note.—The cited paragraphs, which relate to 42 expenditure of moneys in the State Transportation Trust 43 Fund for a multicounty transportation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. 981.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. 1072. The delegation required by this paragraph shall108expressly prohibit governing board members from individually109intervening in any manner during the review of an application110before such application is referred to the governing board for111final action. This subparagraph does not prohibit the governing112board as a collegial body from acting on any permit application113or supervising, overseeing, or directing the activities of114district staff. This subparagraph expires June 1, 2011, unless115reenacted 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.