Florida Senate - 2010                             CS for SB 1390
       By the Committee on Criminal and Civil Justice Appropriations;
       and Senator Crist
       604-03192-10                                          20101390c1
    1                        A bill to be entitled                      
    2         An act implementing the 2010-2011 General
    3         Appropriations Act; providing legislative intent;
    4         authorizing the Department of Corrections and the
    5         Department of Juvenile Justice to use certain
    6         appropriated funds to assist in defraying the costs
    7         incurred by a county or a municipality to open or
    8         operate certain facilities; limiting the amount of
    9         such assistance; providing for the expiration of the
   10         authority to provide the assistance; amending s.
   11         29.008, F.S.; providing counties with an exemption
   12         from the requirement to annually increase certain
   13         expenditures by a specified percentage for the 2010
   14         2011 fiscal year; amending s. 216.262, F.S.; delaying
   15         the expiration of provisions directing the Department
   16         of Corrections to seek a budget amendment for
   17         additional positions and appropriations if the inmate
   18         population exceeds a certain estimate under certain
   19         circumstances; authorizing the Department of Legal
   20         Affairs to spend certain appropriated funds on
   21         programs that were funded by the department from
   22         specific appropriations in general appropriations acts
   23         in prior years; providing for the expiration of the
   24         authority to spend those appropriations; providing for
   25         the effect of a veto of one or more specific
   26         appropriations or proviso provisions to which
   27         implementing language refers; providing for the
   28         continued operation of certain provisions,
   29         notwithstanding a future repeal or expiration provided
   30         by the act; providing for severability; providing for
   31         contingent retroactive application; providing an
   32         effective date.
   34  Be It Enacted by the Legislature of the State of Florida:
   36         Section 1. It is the intent of the Legislature that the
   37  implementing and administering provisions of this act apply to
   38  the General Appropriations Act for the 2010-2011 fiscal year.
   39         Section 2. In order to fulfill legislative intent regarding
   40  the use of funds contained in Specific Appropriations 639, 651,
   41  663, and 1188 of the 2010-2011 General Appropriations Act, the
   42  Department of Corrections and the Department of Juvenile Justice
   43  may expend appropriated funds to assist in defraying the costs
   44  of impacts that are incurred by a municipality or county and
   45  that are associated with opening or operating a facility under
   46  the authority of the respective department. The amount paid for
   47  any facility may not exceed 1 percent of the cost to construct
   48  the facility, less building impact fees imposed by the
   49  municipality or county. This section expires July 1, 2011.
   50         Section 3. In order to implement section VII of the 2010
   51  2011 General Appropriations Act, paragraph (c) is added to
   52  subsection (4) of section 29.008, Florida Statutes, to read:
   53         29.008 County funding of court-related functions.—
   54         (4)
   55         (c) Counties are exempt from all requirements and
   56  provisions of paragraph (a) for the 2010-2011 fiscal year.
   57  Accordingly, for the 2010-2011 fiscal year, counties shall
   58  maintain, but are not required to increase, their expenditures
   59  for the items specified in paragraphs (1)(a)-(h) and subsection
   60  (3). The requirements described in paragraph (a) shall be
   61  reinstated beginning with the 2011-2012 fiscal year.
   62         Section 4. In order to implement Specific Appropriations
   63  629 through 728 and 747 through 781 of the 2010-2011 General
   64  Appropriations Act, subsection (4) of section 216.262, Florida
   65  Statutes, is amended to read:
   66         216.262 Authorized positions.—
   67         (4) Notwithstanding the provisions of this chapter on
   68  increasing the number of authorized positions, and for the 2010
   69  2011 2009-2010 fiscal year only, if the actual inmate population
   70  of the Department of Corrections exceeds the inmate population
   71  projections of the February 19, 2010 April 30, 2009, Criminal
   72  Justice Estimating Conference by 1 percent for 2 consecutive
   73  months or 2 percent for any month, the Executive Office of the
   74  Governor, with the approval of the Legislative Budget
   75  Commission, shall immediately notify the Criminal Justice
   76  Estimating Conference, which shall convene as soon as possible
   77  to revise the estimates. The Department of Corrections may then
   78  submit a budget amendment requesting the establishment of
   79  positions in excess of the number authorized by the Legislature
   80  and additional appropriations from unallocated general revenue
   81  sufficient to provide for essential staff, fixed capital
   82  improvements, and other resources to provide classification,
   83  security, food services, health services, and other variable
   84  expenses within the institutions to accommodate the estimated
   85  increase in the inmate population. All actions taken pursuant to
   86  the authority granted in this subsection shall be subject to
   87  review and approval by the Legislative Budget Commission. This
   88  subsection expires July 1, 2011 2010.
   89         Section 5. In order to implement Specific Appropriations
   90  1343 and 1344 of the 2010-2011 General Appropriations Act, the
   91  Department of Legal Affairs is authorized to expend appropriated
   92  funds in those specific appropriations on the same programs that
   93  were funded by the department pursuant to specific
   94  appropriations made in general appropriations acts in prior
   95  years. This section expires July 1, 2011.
   96         Section 6. Any section of this act which implements a
   97  specific appropriation or specifically identified proviso
   98  language in the 2010-2011 General Appropriations Act is void if
   99  the specific appropriation or specifically identified proviso
  100  language is vetoed. Any section of this act which implements
  101  more than one specific appropriation or more than one portion of
  102  specifically identified proviso language in the 2010-2011
  103  General Appropriations Act is void if all the specific
  104  appropriations or portions of specifically identified proviso
  105  language are vetoed.
  106         Section 7. If any other act passed during the 2010 Regular
  107  Session contains a provision that is substantively the same as a
  108  provision in this act, but that removes or is otherwise not
  109  subject to the future repeal applied to such provision by this
  110  act, the Legislature intends that the provision in the other act
  111  shall take precedence and continue to operate, notwithstanding
  112  the future repeal provided by this act.
  113         Section 8. If any provision of this act or its application
  114  to any person or circumstance is held invalid, the invalidity
  115  does not affect other provisions or applications of the act
  116  which can be given effect without the invalid provision or
  117  application, and to this end the provisions of this act are
  118  severable.
  119         Section 9. This act shall take effect July 1, 2010; or, if
  120  this act fails to become a law until after that date, it shall
  121  take effect upon becoming a law and shall operate retroactively
  122  to July 1, 2010.

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