HB 1465

1	A bill to be entitled
2	An act relating to state and federal relations; amending
3	s. 14.23, F.S.; revising legislative intent; providing for
4	the Chief Financial Officer, the Governor's Office of
5	Federal Revenue Maximization, and the Legislative
6	Committee on Intergovernmental Relations to have direct
7	access to the staff of the Office of State-Federal
8	Relations; requiring the Office of State-Federal Relations
9	to cooperate with the Chief Financial Officer, the
10	Governor's Office of Federal Revenue Maximization, the
11	Legislature, and the Legislative Committee on
12	Intergovernmental Relations; requiring that the Office of
13	State-Federal Relations submit an annual report to the
14	Governor and Legislature; amending s. 216.212, F.S.;
15	creating the Office of Federal Revenue Maximization within
16	the Governor's Office of Policy and Budget; requiring that
17	the office respond to federal grant opportunities and
18	coordinate the use of federal funds in the state; revising
19	duties of executive branch offices and procedures for
20	state agencies with respect to requests for and the
21	receipt of federal funds; requiring that the Office of
22	Federal Revenue Maximization prepare an annual report on
23	its activities during the preceding calendar year;
24	amending s. 403.061, F.S.; eliminating certain duties of
25	the Department of Environmental Protection with respect to
26	its review of applications for federal grants and the
27	operation of the Florida State Clearinghouse; amending s.
28	427.013, F.S.; conforming a cross-reference; providing an
29	effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  Section 14.23, Florida Statutes, is amended to
34	read:
35	14.23  State-Federal relations.-
36	(1)  LEGISLATIVE INTENT.-It is the intent of the
37	Legislature to establish mechanisms through which the
38	legislative and executive branches of state government can work
39	together in a cooperative alliance, to strengthen the state's
40	relationship with our Congressional Delegation and with federal
41	executive branch agencies, to improve our position in relation
42	to federal legislative initiatives which have a fiscal impact or
43	substantive policy impact on the state, and to establish and
44	maintain a viable network and communications structure to
45	facilitate the transmittal of essential information between
46	executive and legislative branch state officials and
47	congressional and federal officials, and to take all necessary
48	steps to maximize the receipt of various federal funds by the
49	State of Florida. Florida's Congressional Delegation is, in this
50	regard, the most important linkage in representing Florida's
51	interests in the nation's capital. Therefore, the mechanisms and
52	resources created herein, for the furtherance of the state's
53	intergovernmental efforts, shall include the Congressional
54	Delegation and be available to meet its needs.
55	(2)  CREATION OF THE OFFICE OF STATE-FEDERAL RELATIONS.-
56	(a)  There is created, within the Executive Office of the
57	Governor, the Office of State-Federal Relations for the State of
58	Florida, hereinafter referred to as the "office," to be located
59	in Washington, D.C. The office shall represent both the
60	legislative and executive branches of state government. The
61	Chief Financial Officer, the Governor's Office of Federal
62	Revenue Maximization, as authorized by s. 216.212, the
63	Legislature, and the Legislative Committee on Intergovernmental
64	Relations shall have direct access to the staff of the office.
65	(b)  The duties of the office shall be determined by the
66	Governor, in consultation with the President of the Senate and
67	the Speaker of the House of Representatives, and shall include,
68	but not be limited to, the following:
69	1.  To provide legislative and administrative liaison
70	between executive and legislative branch state officials and
71	federal officials and agencies and with Congress.
72	2.  To provide grants assistance and advice to state
73	agencies.
74	3.  To assist in the development and implementation of
75	strategies for the evaluation and management of the state's
76	federal legislative program and intergovernmental efforts.
77	4.  To facilitate the activities of Florida officials
78	traveling to Washington, D.C., in the performance of their
79	official duties.
80	(c)  The head of the office shall be the director, who
81	shall be appointed by and serve at the pleasure of the Governor.
82	(3)  COOPERATION AND COORDINATION.-For the purpose of
83	centralizing the state-federal relations efforts of the state,
84	state agencies and their representatives shall cooperate and
85	coordinate their state-federal efforts and activities with the
86	office. The office shall cooperate with the Chief Financial
87	Officer, the Governor's Office of Federal Revenue Maximization,
88	the Legislature, and the Legislative Committee on
89	Intergovernmental Relations. State agencies which have
90	representatives headquartered in Washington, D.C., are
91	encouraged to station their representatives in the office.
92	(4)  ANNUAL REPORT.-The office shall transmit to the
93	Governor, the President of the Senate, the Speaker of the House
94	of Representatives, and the executive director of the
95	Legislative Committee on Intergovernmental Relations by February
96	1 of each year a report on its activities to cooperate,
97	coordinate, and satisfy the duties specified in subsections (2)
98	and (3) during the preceding calendar year.
99	(5)(4)(a)  NOMINATIONS TO FEDERAL REGIONAL FISHERIES
100	MANAGEMENT COUNCILS.-The Governor is prohibited from nominating
101	for appointment to any one of the federal fisheries management
102	councils established under 16 U.S.C. ss. 1801 et seq., as
103	amended, the name of any person who is, or who has been at any
104	time during the 24 months preceding such nomination, a lobbyist
105	for any entity of any kind whatsoever whose interests are or
106	could be affected by actions or decisions of such fisheries
107	management councils.
108	(b)  For purposes of this section, the term "lobbyist"
109	means any natural person who is required to register pursuant to
110	s. 11.045 or the equivalent federal statute and who, for
111	compensation, seeks, or sought during the preceding 24 months,
112	to influence the governmental decisionmaking of a reporting
113	individual or procurement employee, as those terms are defined
114	under s. 112.3148, or his or her agency, to encourage the
115	passage, defeat, or modification of any proposal or
116	recommendation by such reporting individual or procurement
117	employee or his or her agency.
118	Section 2.  Section 216.212, Florida Statutes, is amended
119	to read:
120	216.212  Office of Federal Revenue Maximization; budgets
121	for federal funds; restrictions on expenditure of federal
122	funds.-
123	(1)  The Office of Federal Revenue Maximization is created
124	within the Office of Policy and Budget in the Executive Office
125	of the Governor. The Office of Federal Revenue Maximization
126	shall develop the capacity to respond to federal grant
127	opportunities and coordinate the use of federal funds in the
128	state with the Chief Financial Officer, the Governor's Office of
129	State-Federal Relations, as authorized by s. 14.23, the
130	judiciary, the Legislature, and the Legislative Committee on
131	Intergovernmental Relations.
132	(2)(1)  The Office of Federal Revenue Maximization
133	Executive Office of the Governor and the office of the Chief
134	Financial Officer shall develop and implement procedures for
135	accelerating the drawdown of, and minimizing the payment of
136	interest on, federal funds. The Executive Office of the Governor
137	shall establish a clearinghouse for federal programs and
138	activities. The clearinghouse shall develop the capacity to
139	respond to federal grant opportunities and to coordinate the use
140	of federal funds in the state.
141	(a)  Every state agency, when making a request or preparing
142	a budget to be submitted to the Federal Government for funds,
143	equipment, material, or services, shall submit such request or
144	budget to the Office of Federal Revenue Maximization Executive
145	Office of the Governor for review and approval before submitting
146	it to the proper federal authority. However, the Office of
147	Federal Revenue Maximization Executive Office of the Governor
148	may specifically authorize any agency to submit specific types
149	of grant proposals directly to the Federal Government.
150	(b)  Every office or court of the judicial branch, when
151	making a request or preparing a budget to be submitted to the
152	Federal Government for funds, equipment, material, or services,
153	shall submit such request or budget to the Chief Justice of the
154	Supreme Court for approval before submitting it to the proper
155	federal authority. However, the Chief Justice may specifically
156	authorize any court to submit specific types of grant proposals
157	directly to the Federal Government. A copy of each request,
158	budget, or grant proposal submitted to the Federal Government
159	must be provided to the Office of Federal Revenue Maximization.
160	(3)(2)  When such federal authority has approved the
161	request or budget, the state agency or the judicial branch shall
162	submit to the Office of Federal Revenue Maximization Executive
163	Office of the Governor such documentation showing approval as
164	that office prescribes. The Office of Federal Revenue
165	Maximization Executive Office of the Governor must acknowledge
166	each approved request or budget by entering that approval into
167	an Automated Grant Management System developed in consultation
168	with the chairs of the House of Representatives and Senate
169	appropriations committees.
170	(4)(3)  Federal money appropriated by Congress or received
171	from court settlements to be used for state purposes, whether by
172	itself or in conjunction with moneys appropriated by the
173	Legislature, may not be expended unless appropriated by the
174	Legislature. However, the Office of Federal Revenue Maximization
175	within the Executive Office of the Governor or the Chief Justice
176	of the Supreme Court may, after consultation with the
177	legislative appropriations committees, approve the receipt and
178	expenditure of funds from federal sources by state agencies or
179	by the judicial branch. Any federal programs requiring state
180	matching funds which funds were eliminated, or were requested
181	and were not approved, by the Legislature may not be implemented
182	during the interim. However, federal and other fund sources for
183	the State University System which do not carry a continuing
184	commitment on future appropriations are hereby appropriated for
185	the purpose received.
186	(5)  The Office of Federal Revenue Maximization shall
187	transmit to the Governor, the Chief Financial Officer, the Chief
188	Justice of the Supreme Court, the President of the Senate, the
189	Speaker of the House of Representatives, and the executive
190	director of the Legislative Committee on Intergovernmental
191	Relations by February 1 of each year a report that details the
192	office's efforts during the preceding calendar year to respond
193	to federal grant opportunities; coordinate the use of federal
194	funds in the state; and accelerate the drawdown of, and minimize
195	the payment of interest on, federal funds.
196	Section 3.  Subsection (40) of section 403.061, Florida
197	Statutes, is amended to read:
198	403.061  Department; powers and duties.-The department
199	shall have the power and the duty to control and prohibit
200	pollution of air and water in accordance with the law and rules
201	adopted and promulgated by it and, for this purpose, to:
202	(40)  Serve as the state's single point of contact for
203	performing the responsibilities described in Presidential
204	Executive Order 12372, including administration and operation of
205	the Florida State Clearinghouse. The Florida State Clearinghouse
206	shall Be responsible for coordinating interagency reviews of the
207	following: federal activities and actions subject to the federal
208	consistency requirements of s. 307 of the Coastal Zone
209	Management Act and; documents prepared pursuant to the National
210	Environmental Policy Act, 42 U.S.C. ss. 4321 et seq., and the
211	Outer Continental Shelf Lands Act, 43 U.S.C. ss. 1331 et seq.;
212	applications for federal funding pursuant to s. 216.212; and
213	other notices and information regarding federal activities in
214	the state, as appropriate. The Florida State Clearinghouse shall
215	ensure that state agency comments and recommendations on the
216	environmental, social, and economic impact of proposed federal
217	actions are communicated to federal agencies, applicants, local
218	governments, and interested parties.
219
220	The department shall implement such programs in conjunction with
221	its other powers and duties and shall place special emphasis on
222	reducing and eliminating contamination that presents a threat to
223	humans, animals or plants, or to the environment.
224	Section 4.  Subsection (17) of section 427.013, Florida
225	Statutes, is amended to read:
226	427.013  The Commission for the Transportation
227	Disadvantaged; purpose and responsibilities.-The purpose of the
228	commission is to accomplish the coordination of transportation
229	services provided to the transportation disadvantaged. The goal
230	of this coordination is to assure the cost-effective provision
231	of transportation by qualified community transportation
232	coordinators or transportation operators for the transportation
233	disadvantaged without any bias or presumption in favor of
234	multioperator systems or not-for-profit transportation operators
235	over single operator systems or for-profit transportation
236	operators. In carrying out this purpose, the commission shall:
237	(17)  Review, monitor, and coordinate all transportation
238	disadvantaged local government, state, and federal fund requests
239	and plans for conformance with commission policy, without
240	delaying the application process. Such funds shall be available
241	only to those entities participating in an approved coordinated
242	transportation system or entities which have received a
243	commission-approved waiver to obtain all or part of their
244	transportation through another means. This process shall
245	identify procedures for coordinating with the state's
246	intergovernmental coordination and review procedures and s.
247	216.212(1) and any other appropriate grant review process.
248	Section 5.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.