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19 216.292, Florida Statutes, is repealed.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28 255.503, Florida Statutes, is repealed.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34 Statutes, is repealed.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40 section 339.08, Florida Statutes, are repealed.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.
98 1. 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.
107 2. The delegation required by this paragraph shall
108 expressly prohibit governing board members from individually
109 intervening in any manner during the review of an application
110 before such application is referred to the governing board for
111 final action. This subparagraph does not prohibit the governing
112 board as a collegial body from acting on any permit application
113 or supervising, overseeing, or directing the activities of
114 district staff. This subparagraph expires June 1, 2011, unless
115 reenacted 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.