Senate Bill sb2702

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    Florida Senate - 2006                                  SB 2702

    By the Committee on Ways and Means





    23-1931B-06

  1                      A bill to be entitled

  2         An act implementing the 2006-2007 General

  3         Appropriations Act; providing legislative

  4         intent; providing for use of specified

  5         calculations with respect to the Florida

  6         Education Finance Program; amending s. 215.18,

  7         F.S.; authorizing extension of repayment

  8         periods for moneys transferred between funds as

  9         a result of hurricanes striking the state in

10         2004; authorizing the Department of Corrections

11         and the Department of Juvenile Justice to make

12         certain expenditures to defray costs incurred

13         by a municipality or county as a result of

14         opening or operating a facility under authority

15         of the respective department; amending s.

16         216.262, F.S.; providing for additional

17         positions to operate additional prison bed

18         capacity under certain circumstances; providing

19         for expenditure of funds from unallocated

20         general revenue to offset deficiencies in due

21         process services; authorizing the Department of

22         Legal Affairs to expend appropriated funds on

23         programs funded in the preceding fiscal year;

24         authorizing the Executive Office of the

25         Governor to transfer funds between departments

26         for purposes of aligning amounts paid for risk

27         management premiums and for purposes of

28         aligning amounts paid for human resource

29         management services; amending s. 112.061, F.S.;

30         providing for computation of travel time and

31         reimbursement for public officers' and

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    Florida Senate - 2006                                  SB 2702
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 1         employees' travel; reenacting s. 287.17(3)(a)

 2         and (6), F.S.; authorizing the use of state

 3         aircraft for commuting; directing the

 4         Department of Environmental Protection to make

 5         specified awards of grant moneys for pollution

 6         control purposes; directing the Department of

 7         Environmental Protection to conduct a pilot

 8         program for expedited site evaluation and

 9         cleanup of port and airport facilities for

10         redevelopment and expansion; providing

11         guidelines for such program; amending s.

12         375.041, F.S.; authorizing transfer of moneys

13         from the Land Acquisition Trust Fund to the

14         Florida Forever Trust Fund and the Save Our

15         Everglades Trust Fund to support specified

16         programs; amending s. 259.032, F.S.;

17         authorizing transfer of moneys from the

18         Conservation and Recreation Lands Trust Fund to

19         the Florida Forever Trust Fund; amending s.

20         373.59, F.S.; authorizing transfer of moneys

21         from the Water Management Lands Trust Fund to

22         the Florida Forever Trust Fund; amending s.

23         120.551, F.S.; continuing Internet publication

24         of certain notices of the Department of

25         Environmental Protection and the Board of

26         Trustees of the Internal Improvement Trust

27         Fund; amending s. 11.151, F.S.; increasing the

28         contingency fund for the legislative presiding

29         officers; amending s. 320.08058, F.S.;

30         authorizing proceeds from the Professional

31         Sports Development Trust Fund to be used for

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    Florida Senate - 2006                                  SB 2702
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 1         operational expenses of the Florida Sports

 2         Foundation and financial support of the

 3         Sunshine State Games; amending s. 253.034,

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

 5         sale of property by the Department of Highway

 6         Safety and Motor Vehicles located in Palm Beach

 7         County; amending s. 402.3017, F.S.; requiring

 8         the Agency for Workforce Innovation to

 9         administer Teacher Education and Compensation

10         Helps (TEACH) scholarship program; amending s.

11         320.0846, F.S.; providing for free motor

12         vehicle license plates for active members of

13         the Florida National Guard; amending s.

14         216.292, F.S.; authorizing the Governor to

15         recommend fixed capital outlay projects funded

16         by Federal Emergency Management Agency grants;

17         providing for review by the Legislative Budget

18         Commission; amending s. 311.22, F.S.;

19         prescribing the matching fund basis for

20         dredging projects that meet specified

21         conditions; amending s. 411.01, F.S.; requiring

22         the Agency for Workforce Innovation to

23         recommend a formula to allocate funds;

24         providing for changes in the allocation of

25         funds to be specified in the General

26         Appropriations Act; eliminating approval of the

27         allocation formula by the Legislative Budget

28         Commission; eliminating an obsolete provision;

29         reenacting s. 215.32(2)(b), F.S., relating to

30         the source and use of trust funds; providing

31         finding of best interest of the state for

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    Florida Senate - 2006                                  SB 2702
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 1         authorization and issuance of certain debt;

 2         providing effect of veto of specific

 3         appropriation or proviso to which implementing

 4         language refers; providing for future repeal or

 5         expiration of various provisions; providing for

 6         reversion of certain provisions; incorporating

 7         by reference specified performance measures and

 8         standards directly linked to the appropriations

 9         made in the 2006-2007 General Appropriations

10         Act, as required by the Government Performance

11         and Accountability Act of 1994; providing

12         severability; providing, conditionally, for

13         retroactive operation; providing effective

14         dates.

15  

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

17  

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

19  the implementing and administering provisions of this act

20  apply to the General Appropriations Act for fiscal year

21  2006-2007.

22         Section 2.  In order to implement Specific

23  Appropriations 7, 8, and 91-97 of the 2006-2007 General

24  Appropriations Act, the calculations of the Florida Education

25  Finance Program for the 2006-2007 fiscal year in the document

26  entitled "Public School Funding The Florida Education Finance

27  Program" dated March 24, 2006, and filed with the Secretary of

28  the Senate are incorporated by reference for the purpose of

29  displaying the calculations used by the Legislature,

30  consistent with the requirements of the Florida Statutes, in

31  

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 1  making appropriations for the Florida Education Finance

 2  Program.

 3         Section 3.  In order to implement Specific

 4  Appropriations 1594 and 1596 of the 2006-2007 General

 5  Appropriations Act, subsection (2) of section 215.18, Florida

 6  Statutes, is amended to read:

 7         215.18  Transfers between funds; limitation.--Whenever

 8  there exists in any fund provided for by s. 215.32 a

 9  deficiency which would render such fund insufficient to meet

10  its just requirements, and there shall exist in the other

11  funds in the State Treasury moneys which are for the time

12  being or otherwise in excess of the amounts necessary to meet

13  the just requirements of such last-mentioned funds, the

14  Governor may order a temporary transfer of moneys from one

15  fund to another in order to meet temporary deficiencies in a

16  particular fund without resorting to the necessity of

17  borrowing money and paying interest thereon.

18         (2)  Notwithstanding subsection (1) and for the

19  2006-2007 2005-2006 fiscal year only, the repayment period for

20  funds temporarily transferred in fiscal year 2004-2005 to meet

21  deficiencies resulting from hurricanes striking this state in

22  2004 may be extended until grants awarded by the Federal

23  Emergency Management Agency for FEMA Disaster Declarations

24  1539-DR-FL, 1545-DR-FL, 1551-DR-FL, and 1561-DR-FL are

25  received. This subsection expires July 1, 2007 2006.

26         Section 4.  In order to fulfill legislative intent

27  regarding the use of funds contained in Specific

28  Appropriations 720, 731, 741, and 1167 of the 2006-2007

29  General Appropriations Act, the Department of Corrections and

30  the Department of Juvenile Justice may expend appropriated

31  funds to assist in defraying the costs of impacts that are

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    Florida Senate - 2006                                  SB 2702
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 1  incurred by a municipality or county and associated with

 2  opening or operating a facility under the authority of the

 3  respective department which is located within that

 4  municipality or county. The amount that is to be paid under

 5  this section for any facility may not exceed 1 percent of the

 6  facility construction cost, less building impact fees imposed

 7  by the municipality or by the county if the facility is

 8  located in the unincorporated portion of the county. This

 9  section expires July 1, 2007.

10         Section 5.  In order to implement Specific

11  Appropriations 710-805 and 833-847A of the 2006-2007 General

12  Appropriations Act, subsection (4) of section 216.262, Florida

13  Statutes, is amended to read:

14         216.262  Authorized positions.--

15         (4)  Notwithstanding the provisions of this chapter on

16  increasing the number of authorized positions, and for the

17  2006-2007 2005-2006 fiscal year only, if the actual inmate

18  population of the Department of Corrections exceeds the inmate

19  population projections of the March 21, 2006 February 14,

20  2005, Criminal Justice Estimating Conference by 1 percent for

21  2 consecutive months or 2 percent for any month, the Executive

22  Office of the Governor, with the approval of the Legislative

23  Budget Commission, shall immediately notify the Criminal

24  Justice Estimating Conference, which shall convene as soon as

25  possible to revise the estimates. The Department of

26  Corrections may then submit a budget amendment requesting the

27  establishment of positions in excess of the number authorized

28  by the Legislature and additional appropriations from

29  unallocated general revenue the General Revenue Fund or the

30  Working Capital Fund sufficient to provide for essential

31  staff, fixed capital improvements, and other resources to

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    Florida Senate - 2006                                  SB 2702
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 1  provide classification, security, food services, health

 2  services, and other variable expenses within the institutions

 3  to accommodate the estimated increase in the inmate

 4  population. All actions taken pursuant to the authority

 5  granted in this subsection shall be subject to review and

 6  approval by the Legislative Budget Commission. This subsection

 7  expires July 1, 2007 2006.

 8         Section 6.  In order to implement Specific

 9  Appropriations 875, 876, 878, 879, and 3275 of the 2006-2007

10  General Appropriations Act, if a deficit is projected by the

11  Justice Administrative Commission or the state courts in any

12  specific appropriation provided for due process services, the

13  Governor or the Chief Justice of the Supreme Court,

14  respectively, may submit a budget amendment for consideration

15  by the Legislative Budget Commission to authorize the

16  expenditure of funds from unallocated general revenue to

17  offset such deficiency. Any budget amendment submitted by the

18  Governor to the Legislative Budget Commission shall contain

19  certification by the Justice Administrative Commission that

20  all actions required by s. 29.015, Florida Statutes, have been

21  completed and that no funds exist in any contingency fund

22  appropriation available to the entity projected to experience

23  the deficiency. Any budget amendment submitted by the Supreme

24  Court shall contain certification that the court has completed

25  all actions required by s. 29.016, Florida Statutes, and that

26  no funds exist in any contingency fund available to the state

27  courts system. This section expires July 1, 2007.

28         Section 7.  In order to implement Specific

29  Appropriations 1321 and 1325 of the 2006-2007 General

30  Appropriations Act, the Department of Legal Affairs is

31  authorized to expend appropriated funds in Specific

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 1  Appropriations 1321 and 1325 on the same programs that were

 2  funded by the department pursuant to specific appropriations

 3  made in general appropriations acts in prior years.

 4         Section 8.  In order to implement the appropriation of

 5  funds in Special Categories-Risk Management Insurance of the

 6  2006-2007 General Appropriations Act, and pursuant to the

 7  notice, review, and objection procedures of s. 216.177,

 8  Florida Statutes, the Executive Office of the Governor is

 9  authorized to transfer funds appropriated in the appropriation

10  category "Special Categories-Risk Management Insurance" of the

11  2006-2007 General Appropriations Act between departments in

12  order to align the budget authority granted with the premiums

13  paid by each department for risk management insurance. This

14  section expires July 1, 2007.

15         Section 9.  In order to implement the appropriation of

16  funds in Special Categories-Transfer to Department of

17  Management Services-Human Resources Services Purchased Per

18  Statewide Contract of the 2006-2007 General Appropriations

19  Act, and pursuant to the notice, review, and objection

20  procedures of s. 216.177, Florida Statutes, the Executive

21  Office of the Governor is authorized to transfer funds

22  appropriated in the appropriation category "Special

23  Categories-Transfer to Department of Management Services-Human

24  Resources Services Purchased Per Statewide Contract" of the

25  2006-2007 General Appropriations Act between departments in

26  order to align the budget authority granted with the

27  assessments that must be paid by each agency to the Department

28  of Management Services for human resource management services.

29  This section expires July 1, 2007.

30         Section 10.  In order to implement sections 2-7 of the

31  2006-2007 General Appropriations Act, paragraph (c) of

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 1  subsection (5) and paragraph (d) of subsection (6) of section

 2  112.061, Florida Statutes, are amended to read:

 3         112.061  Per diem and travel expenses of public

 4  officers, employees, and authorized persons.--

 5         (5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For

 6  purposes of reimbursement and methods of calculating

 7  fractional days of travel, the following principles are

 8  prescribed:

 9         (c)  For the 2006-2007 2005-2006 fiscal year only and

10  notwithstanding the other provisions of this subsection, for

11  Class C travel, a state traveler shall not be reimbursed on a

12  per diem basis nor shall a traveler receive subsistence

13  allowance. This paragraph expires July 1, 2007 2006.

14         (6)  RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For

15  purposes of reimbursement rates and methods of calculation,

16  per diem and subsistence allowances are divided into the

17  following groups and rates:

18         (d)  For the 2006-2007 2005-2006 fiscal year only and

19  notwithstanding the other provisions of this subsection, for

20  Class C travel, a state traveler shall not be reimbursed on a

21  per diem basis nor shall a traveler receive subsistence

22  allowance. This paragraph expires July 1, 2007 2006.

23         Section 11.  In order to implement Specific

24  Appropriations 2231 and 2861-2869 of the 2006-2007 General

25  Appropriations Act, paragraph (a) of subsection (3) and

26  subsection (6) of section 287.17, Florida Statutes, are

27  reenacted to read:

28         287.17  Limitation on use of motor vehicles and

29  aircraft.--

30         (3)

31  

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    Florida Senate - 2006                                  SB 2702
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 1         (a)  The term "official state business" may not be

 2  construed to permit the use of a motor vehicle for commuting

 3  purposes, unless special assignment of a motor vehicle is

 4  authorized as a perquisite by the Department of Management

 5  Services, required by an employee after normal duty hours to

 6  perform duties of the position to which assigned, or

 7  authorized for an employee whose home is the official base of

 8  operation.

 9         (6)  It is the intention of the Legislature that

10  persons traveling on state aircraft for purposes consistent

11  with, but not necessarily constituting, official state

12  business may travel only when accompanying persons who are

13  traveling on official state business and that such persons

14  shall pay the state for all costs associated with such travel.

15  Notwithstanding paragraph (3)(a), a person traveling on state

16  aircraft for purposes other than official state business shall

17  pay for any trip not exclusively for state business by paying

18  a prorated share of all fixed and variable expenses related to

19  the ownership, operation, and use of such aircraft.

20         Section 12.  The amendment of s. 287.17, Florida

21  Statutes, by this act shall expire July 1, 2007, and the text

22  of that section shall revert to that in existence on June 30,

23  2005, except that any amendments to such text enacted other

24  than by this act shall be preserved and continue to operate to

25  the extent that such amendments are not dependent upon the

26  portions of such text which expire pursuant to this section.

27         Section 13.  Notwithstanding s. 403.7095, Florida

28  Statutes, in order to implement Specific Appropriation 1847 of

29  the 2006-2007 General Appropriations Act, the Department of

30  Environmental Protection shall award:

31  

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 1         (1)  The sum of $6,500,000 in grants equally to

 2  counties with populations of fewer than 100,000 for waste

 3  tire, litter prevention, recycling and education, and general

 4  solid waste programs.

 5         (2)  The sum of $1,599,500 in competitive innovative

 6  grants to cities and counties on the prioritized list of

 7  projects submitted by the Department of Environmental

 8  Protection to the Legislature.

 9  

10  This section expires July 1, 2007.

11         Section 14.  In order to implement Specific

12  Appropriation 1847 of the 2006-2007 General Appropriations

13  Act, and for the 2006-2007 fiscal year only, the Department of

14  Environmental Protection shall conduct a pilot program of the

15  efficacy of expedited site evaluation and cleanup of existing

16  public port and airport facility sites that have high

17  redevelopment potential and that serve an immediate and

18  demonstrated public purpose. The department shall conduct the

19  pilot program at sites that will serve as prototypes to

20  evaluate the need for funding in subsequent years.

21         (1)  The pilot program sites selected must include:

22         (a)  A port facility at which petroleum contamination

23  is a potential threat to marine and estuarine waters and is

24  hindering the tourism, trade, and economic development

25  potential for the facility and the surrounding area; and

26         (b)  An airport adjacent to marine or estuarine waters

27  where redevelopment and expansion are likely to be hindered by

28  petroleum contamination issues.

29         (2)  The pilot program should focus on:

30         (a)  Rapid assessment of the scope of the contamination

31  issues;

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 1         (b)  The effective use of existing site information;

 2         (c)  For larger, multiyear projects, the development of

 3  project phases, schedules, and budget estimates, including

 4  appropriate cost sharing components with affected entities;

 5         (d)  Commitment of one-time funds for petroleum

 6  contamination assessment, free product removal, soil removal,

 7  and restoration that will render site conditions suitable for

 8  immediate redevelopment; and

 9         (e)  Preparation of an independent oversight report

10  that evaluates the cost-effectiveness of this funding approach

11  with emphasis on the timing of tax benefits that may accrue.

12         (3)  The department is directed to implement this pilot

13  program as soon as possible and report its progress to the

14  Legislature by March 1, 2007.

15         (4)  This section expires July 1, 2007.

16         Section 15.  In order to implement Specific

17  Appropriations 1696A and 1702 and section 26 of the 2006-2007

18  General Appropriations Act, subsection (3) of section 375.041,

19  Florida Statutes, is amended to read:

20         375.041  Land Acquisition Trust Fund.--

21         (3)(a)  Any moneys in the Land Acquisition Trust Fund

22  which are not pledged for rentals or debt service as provided

23  in subsection (2) may be expended from time to time to acquire

24  land, water areas, and related resources and to construct,

25  improve, enlarge, extend, operate, and maintain capital

26  improvements and facilities in accordance with the plan.

27         (b)  In addition to the uses allowed in paragraph (a),

28  for the 2006-2007 fiscal year, moneys in the Land Acquisition

29  Trust Fund are authorized for transfer to the Florida Forever

30  Trust Fund and the Save Our Everglades Trust Fund to support

31  

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 1  the programs authorized in chapters 259 and 373. This

 2  paragraph expires July 1, 2007.

 3         Section 16.  In order to implement section 26 of the

 4  2006-2007 General Appropriations Act, subsection (4) of

 5  section 259.032, Florida Statutes, is amended to read:

 6         259.032  Conservation and Recreation Lands Trust Fund;

 7  purpose.--

 8         (4)(a)  Lands acquired under this section shall be for

 9  use as state-designated parks, recreation areas, preserves,

10  reserves, historic or archaeological sites, geologic or

11  botanical sites, recreational trails, forests, wilderness

12  areas, wildlife management areas, urban open space, or other

13  state-designated recreation or conservation lands; or they

14  shall qualify for such state designation and use if they are

15  to be managed by other governmental agencies or nonstate

16  entities as provided for in this section.

17         (b)  In addition to the uses allowed in paragraph (a),

18  moneys may be transferred from the Conservation and Recreation

19  Lands Trust Fund to the Florida Forever Trust Fund. This

20  paragraph expires July 1, 2007.

21         Section 17.  In order to implement section 26 of the

22  2006-2007 General Appropriations Act, subsection (12) is added

23  to section 373.59, Florida Statutes, to read:

24         373.59  Water Management Lands Trust Fund.--

25         (12)  In addition to the uses allowed in this section,

26  moneys may be transferred from the Water Management Lands

27  Trust Fund to the Florida Forever Trust Fund. This subsection

28  expires July 1, 2007.

29         Section 18.  In order to implement Specific

30  Appropriation 1790 of the 2006-2007 General Appropriations

31  

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 1  Act, subsection (3) of section 120.551, Florida Statutes, is

 2  amended to read:

 3         120.551  Internet publication.--

 4         (3)  This section is repealed effective July 1, 2007

 5  2006, unless reviewed and reenacted by the Legislature before

 6  that date.

 7         Section 19.  In order to implement Specific

 8  Appropriations 2788 and 2789 of the 2006-2007 General

 9  Appropriations Act, subsection (2) of section 11.151, Florida

10  Statutes, is amended to read:

11         11.151  Annual legislative appropriation to contingency

12  fund for use of Senate President and House Speaker.--

13         (2)  For the 2006-2007 2005-2006 fiscal year only, the

14  contingency fund amounts in subsection (1) are increased to

15  $20,000. This subsection expires July 1, 2007 2006.

16         Section 20.  In order to implement Specific

17  Appropriation 2688 of the 2006-2007 General Appropriations

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

19  Florida Statutes, is amended to read:

20         320.08058  Specialty license plates.--

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

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

23  annually distributed as follows:

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

25  Professional Sports Team plate must be deposited into the

26  Professional Sports Development Trust Fund within the Office

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

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

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

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

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

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 1  Basketball Association, the National Football League, the

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

 3  Collegiate Athletic Association Final Four basketball

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

 5  funds must be used to support and promote major sporting

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

 7  Foundation.

 8         2.  The remaining proceeds of the Florida Professional

 9  Sports Team license plate must be allocated to the Florida

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

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

12  be deposited into the Professional Sports Development Trust

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

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

15  Foundation to promote the economic development of the sports

16  industry; to distribute licensing and royalty fees to

17  participating professional sports teams; to promote education

18  programs in Florida schools that provide an awareness of the

19  benefits of physical activity and nutrition standards; to

20  partner with the Department of Education and the Department of

21  Health to develop a program that recognizes schools whose

22  students demonstrate excellent physical fitness or fitness

23  improvement; to institute a grant program for communities

24  bidding on minor sporting events that create an economic

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

26  charities designated by the Florida Sports Foundation and the

27  participating professional sports teams; and to fulfill the

28  sports promotion responsibilities of the Office of Tourism,

29  Trade, and Economic Development.

30         3.  The Florida Sports Foundation shall provide an

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

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 1  financial accounts and records by an independent certified

 2  public accountant pursuant to the contract established by the

 3  Office of Tourism, Trade, and Economic Development as

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

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

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

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

 8  Auditor General for review.

 9         4.  For the 2006-2007 2005-2006 fiscal year only and

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

11  proceeds from the Professional Sports Development Trust Fund

12  may also be used for operational expenses of the Florida

13  Sports Foundation and financial support of the Sunshine State

14  Games. This subparagraph expires July 1, 2007 2006.

15         Section 21.  In order to implement section 31 of the

16  2006-2007 General Appropriations Act, subsection (13) of

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

18         253.034  State-owned lands; uses.--

19         (13)  Notwithstanding the provisions of this section,

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

21  Safety and Motor Vehicles located in Palm Beach County are

22  authorized to be deposited into the Highway Safety Operating

23  Trust Fund to facilitate the exchange as provided in the

24  General Appropriations Act, provided that at the conclusion of

25  both exchanges the values are equalized. This subsection

26  expires July 1, 2007 2006.

27         Section 22.  In order to implement proviso language in

28  Specific Appropriation 2304 of the 2006-2007 General

29  Appropriations Act, subsection (4) of section 402.3017,

30  Florida Statutes, is amended to read:

31  

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 1         402.3017  Teacher Education and Compensation Helps

 2  (TEACH) scholarship program.--

 3         (4)  For the 2006-2007 2005-2006 fiscal year only, the

 4  Agency for Workforce Innovation shall administer this section.

 5  This subsection expires July 1, 2007 2006.

 6         Section 23.  In order to implement Specific

 7  Appropriation 2772 of the 2006-2007 General Appropriations

 8  Act, subsection (3) of section 320.0846, Florida Statutes, is

 9  amended to read:

10         320.0846  Free motor vehicle license plates to active

11  members of the Florida National Guard.--

12         (3)  This section expires July 1, 2007 2006.

13         Section 24.  In order to implement Specific

14  Appropriations 1594, 1596, 1598, 1600, 1608, and 1609 of the

15  2006-2007 General Appropriations Act, subsection (5) of

16  section 216.292, Florida Statutes, is amended to read:

17         216.292  Appropriations nontransferable; exceptions.--

18         (5)(a)  A transfer of funds may not result in the

19  initiation of a fixed capital outlay project that has not

20  received a specific legislative appropriation, except that

21  federal funds for fixed capital outlay projects for the

22  Department of Military Affairs, which do not carry a

23  continuing commitment on future appropriations by the

24  Legislature, may be approved by the Executive Office of the

25  Governor for the purpose received, subject to the notice,

26  review, and objection procedures set forth in s. 216.177.

27         (b)  Notwithstanding paragraph (a), and for the

28  2006-2007 fiscal year only, the Governor may recommend the

29  initiation of fixed capital outlay projects funded by grants

30  awarded by the Federal Emergency Management Agency for FEMA

31  Disaster Declarations 1539-DR-FL, 1545-DR-FL, 1551-DR-FL,

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 1  1561-DR-FL, 1595-DR-FL, 1602-DR-FL, and 1609-DR-FL. All

 2  actions taken pursuant to the authority granted in this

 3  paragraph are subject to review and approval by the

 4  Legislative Budget Commission. This paragraph expires July 1,

 5  2007.

 6         Section 25.  In order to implement Specific

 7  Appropriation 2132 of the 2006-2007 General Appropriations

 8  Act, subsection (3) is added to section 311.22, Florida

 9  Statutes, to read:

10         311.22  Additional authorization for funding certain

11  dredging projects.--

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

13  notwithstanding the matching basis specified in subsection

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

15  minimum 25 percent match of funds received pursuant to this

16  section. This subsection expires July 1, 2007.

17         Section 26.  In order to implement Specific

18  Appropriation 2304 of the 2006-2007 General Appropriations

19  Act, subsection (9) of section 411.01, Florida Statutes, is

20  amended to read:

21         411.01  School readiness programs; early learning

22  coalitions.--

23         (9)  FUNDING; SCHOOL READINESS PROGRAM.--

24         (a)  It is the intent of this section to establish an

25  integrated and quality seamless service delivery system for

26  all publicly funded early childhood education and child care

27  programs operating in this state.

28         (b)1.  The Agency for Workforce Innovation shall

29  administer school readiness funds, plans, and policies and

30  shall prepare and submit a unified budget request for the

31  school readiness system in accordance with chapter 216.

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 1         2.  All instructions to early learning coalitions for

 2  administering this section shall emanate from the Agency for

 3  Workforce Innovation in accordance with the policies of the

 4  Legislature.

 5         (c)  The Agency for Workforce Innovation shall

 6  recommend adopt a formula for the allocation among the early

 7  learning coalitions of all state and federal school readiness

 8  funds for children participating in public or private school

 9  readiness programs based upon equity and performance. The

10  allocation formula must be submitted to the Governor and the

11  Legislature no later than January 1 of each year. The

12  Legislature shall specify in the annual General Appropriations

13  Act any changes from the allocation methodology for the prior

14  fiscal year which must be used by the Agency for Workforce

15  Innovation in allocating the appropriations provided in the

16  General Appropriations Act Legislative Budget Commission. Upon

17  approval, the Legislative Budget Commission shall authorize

18  the Agency for Workforce Innovation to distribute funds in

19  accordance with the allocation formula. For fiscal year

20  2004-2005, the Agency for Workforce Innovation shall allocate

21  funds to the early learning coalitions consistent with the

22  fiscal year 2003-2004 funding allocations to the school

23  readiness coalitions.

24         (d)  All state, federal, and required local

25  maintenance-of-effort or matching funds provided to an early

26  learning coalition for purposes of this section shall be used

27  by the coalition for implementation of its school readiness

28  plan, including the hiring of staff to effectively operate the

29  coalition's school readiness program. As part of plan approval

30  and periodic plan review, the Agency for Workforce Innovation

31  shall require that administrative costs be kept to the minimum

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 1  necessary for efficient and effective administration of the

 2  school readiness plan, but total administrative expenditures

 3  must not exceed 5 percent unless specifically waived by the

 4  Agency for Workforce Innovation. The Agency for Workforce

 5  Innovation shall annually report to the Legislature any

 6  problems relating to administrative costs.

 7         (e)  The Agency for Workforce Innovation shall annually

 8  distribute, to a maximum extent practicable, all eligible

 9  funds provided under this section as block grants to the early

10  learning coalitions.

11         (f)  State funds appropriated for the school readiness

12  program may not be used for the construction of new facilities

13  or the purchase of buses. The Agency for Workforce Innovation

14  shall present to the Legislature recommendations for providing

15  necessary transportation services for school readiness

16  programs.

17         (g)  All cost savings and all revenues received through

18  a mandatory sliding fee scale shall be used to help fund each

19  early learning coalition's school readiness program.

20         Section 27.  The amendment of s. 411.01, Florida

21  Statutes, by this act shall expire July 1, 2007, and the text

22  of that section shall revert to that in existence on June 30,

23  2006, except that any amendments to such text enacted other

24  than by this act shall be preserved and continue to operate to

25  the extent that such amendments are not dependent upon the

26  portions of such text which expire pursuant to this section.

27         Section 28.  In order to implement the transfer of

28  moneys to the General Revenue Fund in the 2006-2007 General

29  Appropriations Act, paragraph (b) of subsection (2) of section

30  215.32, Florida Statutes, is reenacted to read:

31         215.32  State funds; segregation.--

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 1         (2)  The source and use of each of these funds shall be

 2  as follows:

 3         (b)1.  The trust funds shall consist of moneys received

 4  by the state which under law or under trust agreement are

 5  segregated for a purpose authorized by law. The state agency

 6  or branch of state government receiving or collecting such

 7  moneys shall be responsible for their proper expenditure as

 8  provided by law. Upon the request of the state agency or

 9  branch of state government responsible for the administration

10  of the trust fund, the Chief Financial Officer may establish

11  accounts within the trust fund at a level considered necessary

12  for proper accountability. Once an account is established

13  within a trust fund, the Chief Financial Officer may authorize

14  payment from that account only upon determining that there is

15  sufficient cash and releases at the level of the account.

16         2.  In addition to other trust funds created by law, to

17  the extent possible, each agency shall use the following trust

18  funds as described in this subparagraph for day-to-day

19  operations:

20         a.  Operations or operating trust fund, for use as a

21  depository for funds to be used for program operations funded

22  by program revenues, with the exception of administrative

23  activities when the operations or operating trust fund is a

24  proprietary fund.

25         b.  Operations and maintenance trust fund, for use as a

26  depository for client services funded by third-party payors.

27         c.  Administrative trust fund, for use as a depository

28  for funds to be used for management activities that are

29  departmental in nature and funded by indirect cost earnings

30  and assessments against trust funds. Proprietary funds are

31  

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 1  excluded from the requirement of using an administrative trust

 2  fund.

 3         d.  Grants and donations trust fund, for use as a

 4  depository for funds to be used for allowable grant or donor

 5  agreement activities funded by restricted contractual revenue

 6  from private and public nonfederal sources.

 7         e.  Agency working capital trust fund, for use as a

 8  depository for funds to be used pursuant to s. 216.272.

 9         f.  Clearing funds trust fund, for use as a depository

10  for funds to account for collections pending distribution to

11  lawful recipients.

12         g.  Federal grant trust fund, for use as a depository

13  for funds to be used for allowable grant activities funded by

14  restricted program revenues from federal sources.

15  

16  To the extent possible, each agency must adjust its internal

17  accounting to use existing trust funds consistent with the

18  requirements of this subparagraph. If an agency does not have

19  trust funds listed in this subparagraph and cannot make such

20  adjustment, the agency must recommend the creation of the

21  necessary trust funds to the Legislature no later than the

22  next scheduled review of the agency's trust funds pursuant to

23  s. 215.3206.

24         3.  All such moneys are hereby appropriated to be

25  expended in accordance with the law or trust agreement under

26  which they were received, subject always to the provisions of

27  chapter 216 relating to the appropriation of funds and to the

28  applicable laws relating to the deposit or expenditure of

29  moneys in the State Treasury.

30         4.a.  Notwithstanding any provision of law restricting

31  the use of trust funds to specific purposes, unappropriated

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 1  cash balances from selected trust funds may be authorized by

 2  the Legislature for transfer to the Budget Stabilization Fund

 3  and General Revenue Fund in the General Appropriations Act.

 4         b.  This subparagraph does not apply to trust funds

 5  required by federal programs or mandates; trust funds

 6  established for bond covenants, indentures, or resolutions

 7  whose revenues are legally pledged by the state or public body

 8  to meet debt service or other financial requirements of any

 9  debt obligations of the state or any public body; the State

10  Transportation Trust Fund; the trust fund containing the net

11  annual proceeds from the Florida Education Lotteries; the

12  Florida Retirement System Trust Fund; trust funds under the

13  management of the State Board of Education, where such trust

14  funds are for auxiliary enterprises, self-insurance, and

15  contracts, grants, and donations, as those terms are defined

16  by general law; trust funds that serve as clearing funds or

17  accounts for the Chief Financial Officer or state agencies;

18  trust funds that account for assets held by the state in a

19  trustee capacity as an agent or fiduciary for individuals,

20  private organizations, or other governmental units; and other

21  trust funds authorized by the State Constitution.

22         Section 29.  The amendment of section 215.32, Florida

23  Statutes, by this act shall expire July 1, 2007, and the text

24  of that section shall revert to that in existence on June 30,

25  2006, except that any amendments to such text enacted other

26  than by this act shall be preserved and continue to operate to

27  the extent that such amendments are not dependent upon the

28  portions of such text which expire pursuant to this section.

29         Section 30.  In order to implement the issuance of new

30  debt authorized in the 2006-2007 General Appropriations Act,

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

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 1  Statutes, the Legislature determines that the authorization

 2  and issuance of debt for the 2006-2007 fiscal year is in the

 3  best interest of the state and should be implemented.

 4         Section 31.  A section of this act which implements a

 5  specific appropriation or specifically identified proviso

 6  language in the 2006-2007 General Appropriations Act is void

 7  if the specific appropriation or specifically identified

 8  proviso language is vetoed. A section of this act which

 9  implements more than one specific appropriation or more than

10  one portion of specifically identified proviso language in the

11  2006-2007 General Appropriations Act is void if all the

12  specific appropriations or portions of specifically identified

13  proviso language are vetoed.

14         Section 32.  If any other act passed in 2006 contains a

15  provision that is substantively the same as a provision in

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

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

18  Legislature intends that the provision in the other act shall

19  take precedence and shall continue to operate, notwithstanding

20  the future repeal provided by this act.

21         Section 33.  The agency performance measures and

22  standards in the document entitled "Performance Measures and

23  Standards Approved by the Legislature for Fiscal Year

24  2006-2007" dated March 24, 2006, and filed with the Secretary

25  of the Senate are incorporated by reference. Such performance

26  measures and standards are directly linked to the

27  appropriations made in the General Appropriations Act for

28  fiscal year 2006-2007, as required by the Government

29  Performance and Accountability Act of 1994. State agencies are

30  directed to revise their long-range program plans required

31  

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 1  under s. 216.013, Florida Statutes, to be consistent with

 2  these performance measures and standards.

 3         Section 34.  If any provision of this act or its

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

 5  invalidity does not affect other provisions or applications of

 6  the act which can be given effect without the invalid

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

 8  this act are declared severable.

 9         Section 35.  Except as otherwise expressly provided in

10  this act, this act shall take effect July 1, 2006; or, if this

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

12  effect upon becoming a law and shall operate retroactively to

13  July 1, 2006.

14  

15            *****************************************

16                          SENATE SUMMARY

17    Provides direction for implementing the 2006-2007 General
      Appropriations Act.
18  

19  

20  

21  

22  

23  

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30  

31  

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