Florida Senate - 2010                             CS for SB 1440
       
       
       
       By the Committee on Transportation and Economic Development
       Appropriations; and Senator Fasano
       
       
       
       606-03197A-10                                         20101440c1
    1                        A bill to be entitled                      
    2         An act implementing the 2010-2011 General
    3         Appropriations Act; providing legislative intent;
    4         amending s. 339.135, F.S.; delaying the expiration of
    5         provisions requiring that the Department of
    6         Transportation transfer funds to the Office of
    7         Tourism, Trade, and Economic Development for the
    8         purpose of funding transportation-related needs of
    9         economic development; authorizing such funds to be
   10         used for the additional purposes of space and
   11         aerospace infrastructure and urban redevelopment
   12         infrastructure projects; amending s. 339.08, F.S.;
   13         delaying the expiration of provisions relating to the
   14         use of moneys in the State Transportation Trust Fund
   15         for certain administrative expenses; delaying the
   16         expiration of provisions authorizing the Department of
   17         Transportation to use moneys from the State
   18         Transportation Trust Fund to pay for county and school
   19         district transportation infrastructure improvements;
   20         amending s. 445.009, F.S.; delaying the expiration of
   21         provisions designating participants in an adult or
   22         youth work experience activity under ch. 445, F.S., as
   23         employees of the state for purposes of workers’
   24         compensation coverage; amending s. 163.3247, F.S.;
   25         removing a provision that entitles members of the
   26         Century Commission for a Sustainable Florida to
   27         receive per diem and travel expenses; providing for
   28         future expiration of the amendment to such provision
   29         and for the reversion of statutory text; amending s.
   30         201.15, F.S.; revising provisions relating to funds
   31         deposited into the Grants and Donations Trust Fund in
   32         the Department of Community Affairs which are used to
   33         fund the Century Commission; providing for future
   34         expiration of the amendment to such provision and for
   35         the reversion of statutory text; amending s. 215.559,
   36         F.S.; delaying the expiration of provisions relating
   37         to the Hurricane Loss Mitigation Program; revising the
   38         amount appropriated for the purpose of inspecting and
   39         improving tie-downs for mobile homes; providing an
   40         appropriation to the State Logistics Response Center
   41         for certain purposes; providing an appropriation to be
   42         competitively bid to improve the wind resistance of
   43         residences and mobile homes; revising the amount
   44         allocated for the operational purposes; reenacting s.
   45         332.007(8), F.S., relating to the funding of security
   46         projects at publicly owned public-use airports;
   47         providing for the future expiration of certain
   48         amendments to such provision and for the reversion of
   49         statutory text; providing for the effect of a veto of
   50         one or more specific appropriations or proviso
   51         provisions to which implementing language refers;
   52         providing for the continued operation of certain
   53         provisions, notwithstanding a future repeal or
   54         expiration provided by the act; providing for
   55         severability; providing for contingent retroactive
   56         application; providing an effective date.
   57  
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. It is the intent of the Legislature that the
   61  implementing and administering provisions of this act apply to
   62  the General Appropriations Act for the 2010-2011 fiscal year.
   63         Section 2. In order to implement Specific Appropriation
   64  2125 in the 2010-2011 General Appropriations Act, subsection (5)
   65  of section 339.135, Florida Statutes, is amended to read:
   66         339.135 Work program; legislative budget request;
   67  definitions; preparation, adoption, execution, and amendment.—
   68         (5) ADOPTION OF THE WORK PROGRAM.—
   69         (a) The original approved budget for operational and fixed
   70  capital expenditures for the department shall be the Governor’s
   71  budget recommendation and the first year of the tentative work
   72  program, as both are amended by the General Appropriations Act
   73  and any other act containing appropriations. In accordance with
   74  the appropriations act, the department shall, prior to the
   75  beginning of the fiscal year, adopt a final work program which
   76  shall only include the original approved budget for the
   77  department for the ensuing fiscal year together with any roll
   78  forwards approved pursuant to paragraph (6)(c) and the portion
   79  of the tentative work program for the following 4 fiscal years
   80  revised in accordance with the original approved budget for the
   81  department for the ensuing fiscal year together with said roll
   82  forwards. The adopted work program may include only those
   83  projects submitted as part of the tentative work program
   84  developed under the provisions of subsection (4) plus any
   85  projects which are separately identified by specific
   86  appropriation in the General Appropriations Act and any roll
   87  forwards approved pursuant to paragraph (6)(c). However, any
   88  transportation project of the department which is identified by
   89  specific appropriation in the General Appropriations Act shall
   90  be deducted from the funds annually distributed to the
   91  respective district pursuant to paragraph (4)(a). In addition,
   92  the department shall not in any year include any project or
   93  allocate funds to a program in the adopted work program that is
   94  contrary to existing law for that particular year. Projects
   95  shall not be undertaken unless they are listed in the adopted
   96  work program.
   97         (b) Notwithstanding paragraph (a), and for the 2010-2011
   98  2009-2010 fiscal year only, the Department of Transportation
   99  shall transfer funds to the Office of Tourism, Trade, and
  100  Economic Development in an amount equal to $20,300,000 for the
  101  purpose of funding transportation-related needs of economic
  102  development projects, space and aerospace infrastructure, and
  103  urban redevelopment infrastructure projects. This transfer does
  104  shall not reduce, delete, or defer any existing projects funded,
  105  as of July 1, 2010 2009, in the Department of Transportation’s
  106  5-year work program. This paragraph expires July 1, 2011 2010.
  107         Section 3. In order to implement section 11 of the 2010
  108  2011 General Appropriations Act, paragraph (n) of subsection (1)
  109  of section 339.08, Florida Statutes, is amended to read:
  110         339.08 Use of moneys in State Transportation Trust Fund.—
  111         (1) The department shall expend moneys in the State
  112  Transportation Trust Fund accruing to the department, in
  113  accordance with its annual budget. The use of such moneys shall
  114  be restricted to the following purposes:
  115         (n) To pay administrative expenses incurred in accordance
  116  with applicable laws for a multicounty transportation or
  117  expressway authority created under chapter 343 or chapter 348,
  118  where jurisdiction for the authority includes a portion of the
  119  State Highway System and the administrative expenses are in
  120  furtherance of the duties and responsibilities of the authority
  121  in the development of improvements to the State Highway System.
  122  This paragraph expires July 1, 2011 2010.
  123         Section 4. In order to implement Specific Appropriation
  124  2112 of the 2010-2011 General Appropriations Act, paragraph (p)
  125  of subsection (1) of section 339.08, Florida Statutes, is
  126  amended to read:
  127         339.08 Use of moneys in State Transportation Trust Fund.—
  128         (1) The department shall expend moneys in the State
  129  Transportation Trust Fund accruing to the department, in
  130  accordance with its annual budget. The use of such moneys shall
  131  be restricted to the following purposes:
  132         (p) To pay for county and school district transportation
  133  infrastructure improvements. This paragraph expires July 1, 2011
  134  2010.
  135         Section 5. In order to implement Specific Appropriation
  136  2214 of the 2010-2011 General Appropriations Act, subsection
  137  (11) of section 445.009, Florida Statutes, is amended to read:
  138         445.009 One-stop delivery system.—
  139         (11)(a) A participant in an adult or youth work experience
  140  activity administered under this chapter shall be deemed an
  141  employee of the state for purposes of workers’ compensation
  142  coverage. In determining the average weekly wage, all
  143  remuneration received from the employer shall be considered a
  144  gratuity, and the participant shall not be entitled to any
  145  benefits otherwise payable under s. 440.15, regardless of
  146  whether the participant may be receiving wages and remuneration
  147  from other employment with another employer and regardless of
  148  his or her future wage-earning capacity.
  149         (b) This subsection expires July 1, 2011 2010.
  150         Section 6. In order to implement Specific Appropriations
  151  1557 through 1560 of the 2010-2011 General Appropriations Act,
  152  paragraph (d) of subsection (3) of section 163.3247, Florida
  153  Statutes, is amended to read:
  154         163.3247 Century Commission for a Sustainable Florida.—
  155         (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; CREATION;
  156  ORGANIZATION.—The Century Commission for a Sustainable Florida
  157  is created as a standing body to help the citizens of this state
  158  envision and plan their collective future with an eye towards
  159  both 25-year and 50-year horizons.
  160         (d) Members of the commission shall serve without
  161  compensation but shall be entitled to receive per diem and
  162  travel expenses in accordance with s. 112.061 while in
  163  performance of their duties.
  164         Section 7. The amendment to s. 163.3247(3)(d), Florida
  165  Statutes, made by this act shall expire July 1, 2011, and the
  166  text of that paragraph shall revert to that in existence on June
  167  30, 2010, except that any amendments to such text enacted other
  168  than by this act shall be preserved and continue to operate to
  169  the extent that such amendments are not dependent upon the
  170  portions of such text which expire pursuant to this section.
  171         Section 8. In order to implement Specific Appropriations
  172  1557 through 1560 of the 2010-2011 General Appropriations Act,
  173  paragraph (c) of subsection (1) of section 201.15, Florida
  174  Statutes, as amended by section 2 of chapter 2009-271, Laws of
  175  Florida, is amended to read:
  176         201.15 Distribution of taxes collected.—All taxes collected
  177  under this chapter are subject to the service charge imposed in
  178  s. 215.20(1). Prior to distribution under this section, the
  179  Department of Revenue shall deduct amounts necessary to pay the
  180  costs of the collection and enforcement of the tax levied by
  181  this chapter. Such costs and the service charge may not be
  182  levied against any portion of taxes pledged to debt service on
  183  bonds to the extent that the costs and service charge are
  184  required to pay any amounts relating to the bonds. After
  185  distributions are made pursuant to subsection (1), all of the
  186  costs of the collection and enforcement of the tax levied by
  187  this chapter and the service charge shall be available and
  188  transferred to the extent necessary to pay debt service and any
  189  other amounts payable with respect to bonds authorized before
  190  January 1, 2010, secured by revenues distributed pursuant to
  191  subsection (1). All taxes remaining after deduction of costs and
  192  the service charge shall be distributed as follows:
  193         (1) Sixty-three and thirty-one hundredths percent of the
  194  remaining taxes shall be used for the following purposes:
  195         (c) After the required payments under paragraphs (a) and
  196  (b), the remainder shall be paid into the State Treasury to the
  197  credit of:
  198         1. The State Transportation Trust Fund in the Department of
  199  Transportation in the amount of the lesser of 38.2 percent of
  200  the remainder or $541.75 million in each fiscal year, to be used
  201  for the following specified purposes, notwithstanding any other
  202  law to the contrary:
  203         a. For the purposes of capital funding for the New Starts
  204  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
  205  specified in s. 341.051, 10 percent of these funds;
  206         b. For the purposes of the Small County Outreach Program
  207  specified in s. 339.2818, 5 percent of these funds. Effective
  208  July 1, 2014, the percentage allocated under this sub
  209  subparagraph shall be increased to 10 percent;
  210         c. For the purposes of the Strategic Intermodal System
  211  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
  212  of these funds after allocating for the New Starts Transit
  213  Program described in sub-subparagraph a. and the Small County
  214  Outreach Program described in sub-subparagraph b.; and
  215         d. For the purposes of the Transportation Regional
  216  Incentive Program specified in s. 339.2819, 25 percent of these
  217  funds after allocating for the New Starts Transit Program
  218  described in sub-subparagraph a. and the Small County Outreach
  219  Program described in sub-subparagraph b. Effective July 1, 2014,
  220  the first $60 million of the funds allocated pursuant to this
  221  sub-subparagraph shall be allocated annually to the Florida Rail
  222  Enterprise for the purposes established in s. 341.303(5).
  223         2. The Grants and Donations Trust Fund in the Department of
  224  Community Affairs in the amount of the lesser of .23 percent of
  225  the remainder or $3.25 million in each fiscal year, with 92
  226  percent to be used to fund technical assistance to local
  227  governments and school boards on the requirements and
  228  implementation of this act and the remaining amount to be used
  229  to fund the Century Commission established in s. 163.3247.
  230         3. The Ecosystem Management and Restoration Trust Fund in
  231  the amount of the lesser of 2.12 percent of the remainder or $30
  232  million in each fiscal year, to be used for the preservation and
  233  repair of the state’s beaches as provided in ss. 161.091
  234  161.212.
  235         4. General Inspection Trust Fund in the amount of the
  236  lesser of .02 percent of the remainder or $300,000 in each
  237  fiscal year to be used to fund oyster management and restoration
  238  programs as provided in s. 379.362(3).
  239  
  240  Moneys distributed pursuant to this paragraph may not be pledged
  241  for debt service unless such pledge is approved by referendum of
  242  the voters.
  243         Section 9. The amendment to s. 201.15(1)(c)2., Florida
  244  Statutes, made by this act shall expire July 1, 2011, and the
  245  text of that subparagraph shall revert to that in existence on
  246  June 30, 2010, except that any amendments to such text enacted
  247  other than by this act shall be preserved and continue to
  248  operate to the extent that such amendments are not dependent
  249  upon the portions of such text which expire pursuant to this
  250  section.
  251         Section 10. In order to implement Specific Appropriations
  252  1567, 1569, 1571, 1575, 1594, 1596, 1598, and 1671 of the 2010
  253  2011 General Appropriations Act, subsection (8) of section
  254  215.559, Florida Statutes, is amended to read:
  255         215.559 Hurricane Loss Mitigation Program.—
  256         (8)(a) Notwithstanding any other provision of this section
  257  and for the 2010-2011 2008-2009 fiscal year only, the $10
  258  million appropriation provided for in subsection (1) shall be
  259  allocated as follows:
  260         1. The sum of $2.7 $2.8 million shall be used to inspect
  261  and improve tie-downs for mobile homes for the same purpose as
  262  specified in paragraph (3)(a).
  263         2. The sum of $3 million shall be used for operating costs
  264  of the State Logistics Response Center and the original purposes
  265  identified in paragraph (2)(b), as appropriated $700,000 shall
  266  be allocated to the Florida International University for the
  267  same purpose as specified in subsection (4).
  268         3. The sum of $4,192,389 $6,421,764 shall be competitively
  269  bid for the purposes provided in paragraph (2)(a) used to
  270  install emergency power generators in special-needs hurricane
  271  evacuation shelters as provided in s. 1, ch. 2006-71, Laws of
  272  Florida, except that such funds may not be used for
  273  administrative purposes.
  274         4. The sum of $107,611 $78,236 shall be allocated for
  275  operational purposes of the department as specified in the 2010
  276  2011 2008-2009 General Appropriations Act.
  277         (b) This subsection expires July 1, 2011 2009.
  278         Section 11. In order to implement Specific Appropriation
  279  2072 of the 2010-2011 General Appropriations Act, subsection (8)
  280  of section 332.007, Florida Statutes, is reenacted to read:
  281         332.007 Administration and financing of aviation and
  282  airport programs and projects; state plan.—
  283         (8) Notwithstanding any other provision of law to the
  284  contrary, the department is authorized to fund security
  285  projects, including operational and maintenance assistance, at
  286  publicly owned public-use airports. For projects in the current
  287  adopted work program, or projects added using the available
  288  budget of the department, airports may request the department
  289  change the project purpose in accordance with this provision
  290  notwithstanding the provisions of s. 339.135(7). For purposes of
  291  this subsection, the department may fund up to 100 percent of
  292  eligible project costs that are not funded by the Federal
  293  Government. This subsection shall expire on June 30, 2012.
  294         Section 12. The amendment to s. 332.007(8), Florida
  295  Statutes, as carried forward by this act from chapter 2009-82,
  296  Laws of Florida, shall expire July 1, 2011, and the text of that
  297  subsection shall revert to that in existence on June 30, 2009,
  298  except that any amendments to such text enacted other than by
  299  this act shall be preserved and continue to operate to the
  300  extent that such amendments are not dependent upon the portions
  301  of such text which expire pursuant to this section.
  302         Section 13. Any section of this act which implements a
  303  specific appropriation or specifically identified proviso
  304  language in the 2010-2011 General Appropriations Act is void if
  305  the specific appropriation or specifically identified proviso
  306  language is vetoed. Any section of this act which implements
  307  more than one specific appropriation or more than one portion of
  308  specifically identified proviso language in the 2010-2011
  309  General Appropriations Act is void if all the specific
  310  appropriations or portions of specifically identified proviso
  311  language are vetoed.
  312         Section 14. If any other act passed during the 2010 Regular
  313  Session contains a provision that is substantively the same as a
  314  provision in this act, but that removes or is otherwise not
  315  subject to the future repeal applied to such provision by this
  316  act, the Legislature intends that the provision in the other act
  317  shall take precedence and continue to operate, notwithstanding
  318  the future repeal provided by this act.
  319         Section 15. If any provision of this act or its application
  320  to any person or circumstance is held invalid, the invalidity
  321  does not affect other provisions or applications of the act
  322  which can be given effect without the invalid provision or
  323  application, and to this end the provisions of this act are
  324  severable.
  325         Section 16. This act shall take effect July 1, 2010; or, if
  326  this act fails to become a law until after that date, it shall
  327  take effect upon becoming a law and shall operate retroactively
  328  to July 1, 2010.


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