Florida Senate - 2007            PROPOSED COMMITTEE SUBSTITUTE
    Bill No. SB 1094
                        Barcode 121288   Comm: FAV  03/28/2007 10:44 AM       
    604-1949C-07
    Proposed Committee Substitute by the Committee on Criminal and
    Civil Justice Appropriations
 1                      A bill to be entitled
 2         An act implementing the 2007-2008 General
 3         Appropriations Act; providing legislative
 4         intent; authorizing the Department of
 5         Corrections and the Department of Juvenile
 6         Justice to make certain expenditures to defray
 7         costs incurred by a municipality or county as a
 8         result of opening or operating a facility under
 9         authority of the respective department;
10         amending s. 216.262, F.S.; providing for
11         additional positions to operate additional
12         prison bed capacity under certain
13         circumstances; amending s. 216.292, F.S.;
14         authorizing certain transfers of appropriations
15         for operations from general revenue between
16         budget categories and entities of the criminal
17         conflict and civil regional counsels and the
18         budget category for child dependency and civil
19         conflict cases within the Justice
20         Administrative Commission; providing for future
21         expiration of such provisions; authorizing the
22         Department of Legal Affairs to expend
23         appropriated funds on programs funded in the
24         preceding fiscal year; amending s. 932.7055,
25         F.S.; providing for the expenditure of funds in
26         a special law enforcement trust fund
27         established by the governing body of a
28         municipality; providing a finding that the
29         authorization and issuance of certain debt is
30         in the best interest of the state; providing
31         for the effect of a veto of a specific
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    Florida Senate - 2007            PROPOSED COMMITTEE SUBSTITUTE
    Bill No. SB 1094
                        Barcode 121288                                        
    604-1949C-07
 1         appropriation or proviso to which implementing
 2         language refers; providing for the continued
 3         operation of certain provisions notwithstanding
 4         a future repeal or expiration provided by the
 5         act; providing for severability; providing
 6         effective dates.
 7  
 8  Be It Enacted by the Legislature of the State of Florida:
 9  
10         Section 1.  It is the intent of the Legislature that
11  the implementing and administering provisions of this act
12  apply to the General Appropriations Act for the 2007-2008
13  fiscal year.
14         Section 2.  In order to fulfill legislative intent
15  regarding the use of funds contained in Specific
16  Appropriations 741, 755, 766, and 1232 of the 2007-2008
17  General Appropriations Act, the Department of Corrections and
18  the Department of Juvenile Justice may expend appropriated
19  funds to assist in defraying the costs of impacts that are
20  incurred by a municipality or county and associated with
21  opening or operating a facility under the authority of the
22  respective department which is located within that
23  municipality or county. The amount that is to be paid under
24  this section for any facility may not exceed 1 percent of the
25  facility construction cost, less building impact fees imposed
26  by the municipality or by the county if the facility is
27  located in the unincorporated portion of the county. This
28  section expires July 1, 2008.
29         Section 3.  In order to implement Specific
30  Appropriations 730 through 830 and 868 through 899 of the
31  2007-2008 General Appropriations Act, subsection (4) of
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    Florida Senate - 2007            PROPOSED COMMITTEE SUBSTITUTE
    Bill No. SB 1094
                        Barcode 121288                                        
    604-1949C-07
 1  section 216.262, Florida Statutes, is amended to read:
 2         216.262  Authorized positions.--
 3         (4)  Notwithstanding the provisions of this chapter on
 4  increasing the number of authorized positions, and for the
 5  2007-2008 2006-2007 fiscal year only, if the actual inmate
 6  population of the Department of Corrections exceeds the inmate
 7  population projections of the March 21, 2007 2006, Criminal
 8  Justice Estimating Conference by 1 percent for 2 consecutive
 9  months or 2 percent for any month, the Executive Office of the
10  Governor, with the approval of the Legislative Budget
11  Commission, shall immediately notify the Criminal Justice
12  Estimating Conference, which shall convene as soon as possible
13  to revise the estimates. The Department of Corrections may
14  then submit a budget amendment requesting the establishment of
15  positions in excess of the number authorized by the
16  Legislature and additional appropriations from unallocated
17  general revenue sufficient to provide for essential staff,
18  fixed capital improvements, and other resources to provide
19  classification, security, food services, health services, and
20  other variable expenses within the institutions to accommodate
21  the estimated increase in the inmate population. All actions
22  taken pursuant to the authority granted in this subsection
23  shall be subject to review and approval by the Legislative
24  Budget Commission. This subsection expires July 1, 2008 2007.
25         Section 4.  In order to implement Specific
26  Appropriations 908, 913, 915, and 1161C through 1161AK of the
27  2007-2008 General Appropriations Act, paragraphs (c), (d), and
28  (e) are added to subsection (3) of section 216.292, Florida
29  Statutes, to read:
30         216.292  Appropriations nontransferable; exceptions.--
31         (3)  The following transfers are authorized with the
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    Florida Senate - 2007            PROPOSED COMMITTEE SUBSTITUTE
    Bill No. SB 1094
                        Barcode 121288                                        
    604-1949C-07
 1  approval of the Executive Office of the Governor for the
 2  executive branch or the Chief Justice for the judicial branch,
 3  subject to the notice and objection provisions of s. 216.177:
 4         (c)  The transfer of appropriations for operations from
 5  general revenue between categories of appropriations within
 6  each criminal conflict and civil regional counsel budget
 7  entity. This paragraph expires July 1, 2008.
 8         (d)  The transfer of appropriations for operations from
 9  general revenue between criminal conflict and civil regional
10  counsel budget entities. This paragraph expires July 1, 2008.
11         (e)  The transfer of appropriations for operations from
12  general revenue between criminal conflict and civil regional
13  counsel budget entities and the child dependency and civil
14  conflict case appropriation category and the criminal conflict
15  case costs appropriation category within the Justice
16  Administrative Commission. This paragraph expires July 1,
17  2008.
18         Section 5.  In order to implement Specific
19  Appropriations 1388 and 1389 of the 2007-2008 General
20  Appropriations Act, the Department of Legal Affairs is
21  authorized to expend appropriated funds in Specific
22  Appropriations 1388 and 1389 on the same programs that were
23  funded by the department pursuant to specific appropriations
24  made in general appropriations acts in prior years.
25         Section 6.  In order to implement Specific
26  Appropriation 1297 of the 2007-2008 General Appropriations
27  Act, paragraph (d) of subsection (4) of section 932.7055,
28  Florida Statutes, is amended to read:
29         932.7055  Disposition of liens and forfeited
30  property.--
31         (4)  The proceeds from the sale of forfeited property
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    Florida Senate - 2007            PROPOSED COMMITTEE SUBSTITUTE
    Bill No. SB 1094
                        Barcode 121288                                        
    604-1949C-07
 1  shall be disbursed in the following priority:
 2         (d)  Notwithstanding any other provision of this
 3  subsection, and for the 2007-2008 2006-2007 fiscal year only,
 4  the funds in a special law enforcement trust fund established
 5  by the governing body of a municipality may be expended to
 6  reimburse the general fund of the municipality for moneys
 7  advanced from the general fund to the special law enforcement
 8  trust fund prior to October 1, 2001. This paragraph expires
 9  July 1, 2008 2007.
10         Section 7.  In order to implement the issuance of new
11  debt authorized in the 2007-2008 General Appropriations Act,
12  and pursuant to the requirements of s. 215.98, Florida
13  Statutes, the Legislature determines that the authorization
14  and issuance of debt for the 2007-2008 fiscal year is in the
15  best interest of the state and should be implemented.
16         Section 8.  A section of this act that implements more
17  than one specific appropriation or more than one portion of
18  specifically identified proviso language in the 2007-2008
19  General Appropriations Act is void if all the specific
20  appropriations or portions of specifically identified proviso
21  language are vetoed.
22         Section 9.  If any other act passed in 2007 contains a
23  provision that is substantively the same as a provision in
24  this act, but that removes or is otherwise not subject to the
25  future repeal applied to such provision by this act, the
26  Legislature intends that the provision in the other act shall
27  take precedence and shall continue to operate, notwithstanding
28  the future repeal provided by this act.
29         Section 10.  If any provision of this act or its
30  application to any person or circumstance is held invalid, the
31  invalidity does not affect other provisions or applications of
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    Florida Senate - 2007            PROPOSED COMMITTEE SUBSTITUTE
    Bill No. SB 1094
                        Barcode 121288                                        
    604-1949C-07
 1  the act which can be given effect without the invalid
 2  provision or application, and to this end the provisions of
 3  this act are severable.
 4         Section 11.  Except as otherwise expressly provided in
 5  this act, this act shall take effect July 1, 2007; or, if this
 6  act fails to become a law until after that date, it shall take
 7  effect upon becoming a law and shall operate retroactively to
 8  July 1, 2007.
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