Senate Bill sb1142c1

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    Florida Senate - 2007                           CS for SB 1142

    By the Committee on Transportation and Economic Development
    Appropriations; and Senator Fasano




    606-2255-07

  1                      A bill to be entitled

  2         An act implementing the 2007-2008 General

  3         Appropriations Act; providing legislative

  4         intent; amending s. 320.08058, F.S.;

  5         authorizing proceeds from the Professional

  6         Sports Development Trust Fund to be used for

  7         operational expenses of the Florida Sports

  8         Foundation and financial support of the

  9         Sunshine State Games; amending s. 253.034,

10         F.S.; authorizing the deposit of funds from the

11         sale of property located in Palm Beach County

12         into the Highway Safety Operating Trust Fund by

13         the Department of Highway Safety and Motor

14         Vehicles; amending s. 311.22, F.S.; prescribing

15         the required matching funds for dredging

16         projects that meet specified conditions;

17         extending the period for a local government to

18         apply to the Executive Office of the Governor

19         for a waiver of certain requirements governing

20         matching funding for public assistance

21         projects; providing a finding that the

22         authorization and issuance of certain debt is

23         in the best interest of the state; providing

24         for the effect of a veto of a specific

25         appropriation or proviso to which implementing

26         language refers; providing for the continued

27         operation of certain provisions notwithstanding

28         a future repeal or expiration provided by the

29         act; providing for severability; providing

30         effective dates.

31  

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    Florida Senate - 2007                           CS for SB 1142
    606-2255-07




 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  It is the intent of the Legislature that

 4  the implementing and administering provisions of this act

 5  apply to the General Appropriations Act for the 2007-2008

 6  fiscal year.

 7         Section 2.  In order to implement Specific

 8  Appropriation 2761 of the 2007-2008 General Appropriations

 9  Act, paragraph (b) of subsection (9) of section 320.08058,

10  Florida Statutes, is amended to read:

11         320.08058  Specialty license plates.--

12         (9)  FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--

13         (b)  The license plate annual use fees are to be

14  annually distributed as follows:

15         1.  Fifty-five percent of the proceeds from the Florida

16  Professional Sports Team plate must be deposited into the

17  Professional Sports Development Trust Fund within the Office

18  of Tourism, Trade, and Economic Development. These funds must

19  be used solely to attract and support major sports events in

20  this state. As used in this subparagraph, the term "major

21  sports events" means, but is not limited to, championship or

22  all-star contests of Major League Baseball, the National

23  Basketball Association, the National Football League, the

24  National Hockey League, the men's and women's National

25  Collegiate Athletic Association Final Four basketball

26  championship, or a horseracing or dogracing Breeders' Cup. All

27  funds must be used to support and promote major sporting

28  events, and the uses must be approved by the Florida Sports

29  Foundation.

30         2.  The remaining proceeds of the Florida Professional

31  Sports Team license plate must be allocated to the Florida

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    Florida Senate - 2007                           CS for SB 1142
    606-2255-07




 1  Sports Foundation, a direct-support organization of the Office

 2  of Tourism, Trade, and Economic Development. These funds must

 3  be deposited into the Professional Sports Development Trust

 4  Fund within the Office of Tourism, Trade, and Economic

 5  Development. These funds must be used by the Florida Sports

 6  Foundation to promote the economic development of the sports

 7  industry; to distribute licensing and royalty fees to

 8  participating professional sports teams; to promote education

 9  programs in Florida schools that provide an awareness of the

10  benefits of physical activity and nutrition standards; to

11  partner with the Department of Education and the Department of

12  Health to develop a program that recognizes schools whose

13  students demonstrate excellent physical fitness or fitness

14  improvement; to institute a grant program for communities

15  bidding on minor sporting events that create an economic

16  impact for the state; to distribute funds to Florida-based

17  charities designated by the Florida Sports Foundation and the

18  participating professional sports teams; and to fulfill the

19  sports promotion responsibilities of the Office of Tourism,

20  Trade, and Economic Development.

21         3.  The Florida Sports Foundation shall provide an

22  annual financial audit in accordance with s. 215.981 of its

23  financial accounts and records by an independent certified

24  public accountant pursuant to the contract established by the

25  Office of Tourism, Trade, and Economic Development as

26  specified in s. 288.1229(5). The auditor shall submit the

27  audit report to the Office of Tourism, Trade, and Economic

28  Development for review and approval. If the audit report is

29  approved, the office shall certify the audit report to the

30  Auditor General for review.

31  

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    Florida Senate - 2007                           CS for SB 1142
    606-2255-07




 1         4.  For the 2007-2008 2006-2007 fiscal year only and

 2  notwithstanding the provisions of subparagraphs 1. and 2.,

 3  proceeds from the Professional Sports Development Trust Fund

 4  may also be used for operational expenses of the Florida

 5  Sports Foundation and financial support of the Sunshine State

 6  Games. This subparagraph expires July 1, 2008 2007.

 7         Section 3.  In order to implement section 10 of the

 8  2007-2008 General Appropriations Act, subsection (13) of

 9  section 253.034, Florida Statutes, is amended to read:

10         253.034  State-owned lands; uses.--

11         (13)  Notwithstanding the provisions of this section,

12  funds from the sale of property by the Department of Highway

13  Safety and Motor Vehicles located in Palm Beach County are

14  authorized to be deposited into the Highway Safety Operating

15  Trust Fund to facilitate the exchange as provided in the

16  General Appropriations Act, provided that at the conclusion of

17  both exchanges the values are equalized. This subsection

18  expires July 1, 2008 2007.

19         Section 4.  In order to implement Specific

20  Appropriation 2188 of the 2007-2008 General Appropriations

21  Act, subsection (3) of section 311.22, Florida Statutes, is

22  amended to read:

23         311.22  Additional authorization for funding certain

24  dredging projects.--

25         (3)  For the 2007-2008 2006-2007 fiscal year only and

26  notwithstanding the matching basis specified in subsection

27  (1), funding for projects in subsection (1) shall require a

28  minimum 25 percent match of funds received pursuant to this

29  section. This subsection expires July 1, 2008 2007.

30         Section 5.  In order to implement Specific

31  Appropriation 1621AA of the 2007-2008 General Appropriations

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    Florida Senate - 2007                           CS for SB 1142
    606-2255-07




 1  Act and notwithstanding s. 252.37(5)(b), Florida Statutes,

 2  local governments that failed to apply for a waiver under s.

 3  252.37, Florida Statutes, within the first 18 months following

 4  the declaration of a disaster resulting from Hurricanes

 5  Charley, Frances, Ivan, and Jeanne may submit applications for

 6  consideration by the Executive Office of the Governor until

 7  January 1, 2008. The Executive Office of the Governor may

 8  approve a waiver, subject to the requirement for legislative

 9  notice and review under s. 216.177, Florida Statutes, of all

10  or a portion of the required match for public assistance

11  projects for local governments if the Executive Office of the

12  Governor determines that such a match requirement cannot be

13  provided, or that doing so would impose a documented hardship

14  on the local government, and if the local government applies

15  for the waiver by the date specified in this section.

16         Section 6.  In order to implement the issuance of new

17  debt authorized in the 2007-2008 General Appropriations Act,

18  and pursuant to the requirements of s. 215.98, Florida

19  Statutes, the Legislature determines that the authorization

20  and issuance of debt for the 2007-2008 fiscal year is in the

21  best interest of the state and should be implemented.

22         Section 7.  A section of this act that implements more

23  than one specific appropriation or more than one portion of

24  specifically identified proviso language in the 2007-2008

25  General Appropriations Act is void if all the specific

26  appropriations or portions of specifically identified proviso

27  language are vetoed.

28         Section 8.  If any other act passed in 2007 contains a

29  provision that is substantively the same as a provision in

30  this act, but that removes or is otherwise not subject to the

31  future repeal applied to such provision by this act, the

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    Florida Senate - 2007                           CS for SB 1142
    606-2255-07




 1  Legislature intends that the provision in the other act shall

 2  take precedence and shall continue to operate, notwithstanding

 3  the future repeal provided by this act.

 4         Section 9.  If any provision of this act or its

 5  application to any person or circumstance is held invalid, the

 6  invalidity does not affect other provisions or applications of

 7  the act which can be given effect without the invalid

 8  provision or application, and to this end the provisions of

 9  this act are severable.

10         Section 10.  Except as otherwise expressly provided in

11  this act, this act shall take effect July 1, 2007; or, if this

12  act fails to become a law until after that date, it shall take

13  effect upon becoming a law and shall operate retroactively to

14  July 1, 2007.

15  

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                         Senate Bill 1142

18                                 

19  The Committee Substitute for Senate Bill 1142 provides
    statutory authority necessary to implement and execute the
20  General Appropriations Act for the 2007-2008 fiscal year.
    Such statutory changes are temporary and either expire on July
21  1, 2008, or revert to the original language at that time.

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