January 22, 2021
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       Florida Senate - 2009                             CS for SB 1738
       
       
       
       By the Committee on General Government Appropriations; and
       Senator Baker
       
       
       
       601-03905-09                                          20091738c1
    1                        A bill to be entitled                      
    2         An act implementing the 2009-2010 General
    3         Appropriations Act; providing legislative intent;
    4         authorizing the Executive Office of the Governor to
    5         transfer funds between departments for purposes of
    6         aligning amounts paid for risk management premiums and
    7         for purposes of aligning amounts paid for human
    8         resource management services; authorizing certain
    9         moneys to be appropriated to offset reductions in ad
   10         valorem tax revenue experienced by fiscally
   11         constrained counties occurring as a direct result of
   12         the implementation of revisions of Art. VII of the
   13         State Constitution approved in the special election
   14         held on January 29, 2008; amending s. 218.12, F.S.;
   15         requiring that the value of assessments reduced
   16         pursuant to s. 4(d)(8)a. of Art. VII of the State
   17         Constitution include only the reduction in taxable
   18         value for homesteads established in the preceding
   19         year; amending s. 253.01, F.S.; delaying the
   20         expiration of provisions relating to grants and aids
   21         from the Internal Improvement Trust Fund for the
   22         drinking water facility construction state revolving
   23         loan program and the clean water state revolving loan
   24         program; reenacting s. 255.518(1)(b), F.S., relating
   25         to the payment of obligations during the construction
   26         of a facility financed by such obligations; repealing
   27         s. 27 of chapter 2008-153, Laws of Florida; abrogating
   28         the future repeal of an amendment made by that chapter
   29         to s. 255.518(1)(b), F.S., and abrogating the revision
   30         of the text of that paragraph to that in existence on
   31         June 30, 2008, with specified exceptions; amending s.
   32         255.503, F.S.; delaying the expiration of provisions
   33         relating to the Florida Facilities Pool; amending s.
   34         373.59, F.S.; providing for the allocation of moneys
   35         from the Water Management Lands Trust Fund for certain
   36         purposes; providing an expiration date; amending s.
   37         376.3071, F.S.; delaying the repeal of provisions
   38         relating to funding from the Inland Protection Trust
   39         Fund for site restoration; amending s. 403.1651, F.S.;
   40         providing that funds from the Ecosystem Management and
   41         Restoration Trust Fund be used for the purpose of
   42         funding activities to preserve and repair the state’s
   43         beaches; providing for reversion of statutory text of
   44         certain provisions; amending s. 570.20, F.S.; delaying
   45         the expiration of provisions authorizing the
   46         Department of Agriculture and Consumer Services to use
   47         funds from the General Inspection Trust Fund for
   48         certain programs; providing for the effect of a veto
   49         of one or more specific appropriations or proviso
   50         provisions to which implementing language refers;
   51         providing for the continued operation of certain
   52         provisions notwithstanding a future repeal or
   53         expiration provided by the act; providing for
   54         severability; providing effective dates.
   55  
   56  Be It Enacted by the Legislature of the State of Florida:
   57  
   58         Section 1. It is the intent of the Legislature that the
   59  implementing and administering provisions of this act apply to
   60  the General Appropriations Act for the 2009-2010 fiscal year.
   61         Section 2. In order to implement the appropriation of funds
   62  in Special Categories-Risk Management Insurance of the 2009-2010
   63  General Appropriations Act, and pursuant to the notice, review,
   64  and objection procedures of s. 216.177, Florida Statutes, the
   65  Executive Office of the Governor is authorized to transfer funds
   66  appropriated in the appropriation category “Special Categories
   67  Risk Management Insurance” of the 2009-2010 General
   68  Appropriations Act between departments in order to align the
   69  budget authority granted with the premiums paid by each
   70  department for risk management insurance. This section expires
   71  July 1, 2010.
   72         Section 3. In order to implement the appropriation of funds
   73  in Special Categories-Transfer to Department of Management
   74  Services-Human Resources Services Purchased Per Statewide
   75  Contract of the 2009-2010 General Appropriations Act, and
   76  pursuant to the notice, review, and objection procedures of s.
   77  216.177, Florida Statutes, the Executive Office of the Governor
   78  is authorized to transfer funds appropriated in the
   79  appropriation category “Special Categories-Transfer to
   80  Department of Management Services-Human Resources Services
   81  Purchased Per Statewide Contract” of the 2009-2010 General
   82  Appropriations Act between departments in order to align the
   83  budget authority granted with the assessments that must be paid
   84  by each agency to the Department of Management Services for
   85  human resource management services. This section expires July 1,
   86  2010.
   87         Section 4. In order to implement section 44 of the 2009
   88  2010 General Appropriations Act and notwithstanding the
   89  provisions of section 16 of chapter 2008-173, Laws of Florida,
   90  the moneys provided in section 44 are appropriated to offset the
   91  reductions in ad valorem tax revenues experienced by fiscally
   92  constrained counties, as defined in s. 218.67(1), Florida
   93  Statutes, which occur as a direct result of the implementation
   94  of revisions to Article VII of the State Constitution approved
   95  in the special election held on January 29, 2008. The moneys
   96  appropriated for this purpose shall be distributed by October 1,
   97  2009, among the fiscally constrained counties based on each
   98  county’s proportion of the total reduction in ad valorem tax
   99  revenue resulting from the implementation of the revision.
  100  Distributions shall be based on the documentation required to be
  101  submitted to the Department of Revenue by November 1, 2008,
  102  pursuant to s. 218.12, Florida Statutes.
  103         Section 5. In order to implement Specific Appropriation
  104  2971, section 218.12, Florida Statutes, is amended to read:
  105         218.12 Appropriations to offset reductions in ad valorem
  106  tax revenue in fiscally constrained counties.—
  107         (1) Beginning in fiscal year 2008-2009, the Legislature
  108  shall appropriate moneys to offset the reductions in ad valorem
  109  tax revenue experienced by fiscally constrained counties, as
  110  defined in s. 218.67(1), which occur as a direct result of the
  111  implementation of revisions of Art. VII of the State
  112  Constitution approved in the special election held on January
  113  29, 2008. The moneys appropriated for this purpose shall be
  114  distributed in January of each fiscal year among the fiscally
  115  constrained counties based on each county’s proportion of the
  116  total reduction in ad valorem tax revenue resulting from the
  117  implementation of the revision.
  118         (2) On or before November 15 of each year, beginning in
  119  2008, each fiscally constrained county shall apply to the
  120  Department of Revenue to participate in the distribution of the
  121  appropriation and provide documentation supporting the county’s
  122  estimated reduction in ad valorem tax revenue in the form and
  123  manner prescribed by the Department of Revenue. The
  124  documentation must include an estimate of the reduction in
  125  taxable value directly attributable to revisions of Art. VII of
  126  the State Constitution for all county taxing jurisdictions
  127  within the county and shall be prepared by the property
  128  appraiser in each fiscally constrained county. The documentation
  129  must also include the county millage rates applicable in all
  130  such jurisdictions for both the current year and the prior year;
  131  rolled-back rates, determined as provided in s. 200.065, for
  132  each county taxing jurisdiction; and maximum millage rates that
  133  could have been levied by majority vote pursuant to s. 200.185.
  134  For purposes of this section, each fiscally constrained county’s
  135  reduction in ad valorem tax revenue shall be calculated as 95
  136  percent of the estimated reduction in taxable value times the
  137  lesser of the 2007 applicable millage rate or the applicable
  138  millage rate for each county taxing jurisdiction in the prior
  139  year.
  140         (3)In determining the reductions in ad valorem tax
  141  revenues occurring as a result of the implementation of the
  142  revisions to Art. VII of the State Constitution approved in the
  143  special election held on January 29, 2008, the value of
  144  assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the
  145  State Constitution shall include only the reduction in taxable
  146  value for homesteads established in the preceding calendar year.
  147         Section 6. In order to implement Specific Appropriation
  148  1717 of the 2009-2010 General Appropriations Act, subsection (3)
  149  of section 253.01, Florida Statutes, is amended to read:
  150         253.01 Internal Improvement Trust Fund established.—
  151         (3) In addition to the uses allowed in subsection (2) for
  152  the 2009-2010 2008-2009 fiscal year, moneys in the Internal
  153  Improvement Trust Fund are authorized for grants and aids to
  154  local governments, as provided in the General Appropriations
  155  Act, for the drinking water facility construction state
  156  revolving loan program described in s. 403.8532 and the clean
  157  water state revolving loan program described in s. 403.1835, as
  158  provided in the General Appropriations Act. This subsection
  159  expires July 1, 2010 2009.
  160         Section 7. In order to implement Specific Appropriation
  161  2741 of the 2009-2010 General Appropriations Act, paragraph (b)
  162  of subsection (1) of section 255.518, Florida Statutes, is
  163  reenacted to read:
  164         255.518 Obligations; purpose, terms, approval,
  165  limitations.—
  166         (1)
  167         (b) Payment of debt service charges on obligations during
  168  the construction of any facility financed by such obligations
  169  shall be made from funds other than proceeds of obligations.
  170         Section 8. Section 27 of chapter 2008-153, Laws of Florida,
  171  is repealed.
  172         Section 9. In order to implement Specific Appropriations
  173  2725 through 2738 of the 2009-2010 General Appropriations Act,
  174  subsection (7) of section 255.503, Florida Statutes, is amended
  175  to read:
  176         255.503 Powers of the Department of Management Services.
  177  The Department of Management Services shall have all the
  178  authority necessary to carry out and effectuate the purposes and
  179  provisions of this act, including, but not limited to, the
  180  authority to:
  181         (7)(a) Sell, lease, release, or otherwise dispose of
  182  facilities in the pool in accordance with applicable law.
  183         (b) No later than the date upon which the department
  184  recommends to the Division of State Lands of the Department of
  185  Environmental Protection the disposition of any facility within
  186  the Florida Facilities Pool, the department shall provide to the
  187  President of the Senate, the Speaker of the House of
  188  Representatives, the Executive Office of the Governor, and the
  189  Division of Bond Finance of the State Board of Administration an
  190  analysis that includes:
  191         1. The cost benefit of the proposed facility disposition,
  192  including the facility’s current operating expenses, condition,
  193  and market value, and viable alternatives for work space for
  194  impacted state employees.
  195         2. The effect of the proposed facility disposition on the
  196  financial status of the Florida Facilities Pool, including the
  197  effect on rental rates and coverage requirement for the bonds.
  198  
  199  This paragraph expires July 1, 2010 2009.
  200         Section 10. In order to implement Specific Appropriation
  201  1619, subsection (12) is added to section 373.59, Florida
  202  Statutes, to read:
  203         373.59 Water Management Lands Trust Fund.—
  204         (12)Notwithstanding the provisions of subsection (8) and
  205  for the 2009-2010 fiscal year only, the moneys from the Water
  206  Management Lands Trust Fund shall be allocated as follows:
  207         (a)An amount necessary to pay debt service on bonds issued
  208  before February 1, 2009, by the South Florida Water Management
  209  District and the St. Johns River Water Management District,
  210  which are secured by revenues provided by this section, or to
  211  fund debt service reserve funds, rebate obligations, or other
  212  amounts payable with respect to such bonds.
  213         (b)Eight million dollars to be transferred to the General
  214  Revenue Fund; and
  215         (c)The remaining funds to be distributed equally between
  216  the Suwannee River Water Management District and the Northwest
  217  Florida Water Management District.
  218  
  219  This subsection expires July 1, 2010.
  220         Section 11. In order to implement Specific Appropriation
  221  1741A of the 2009-2010 General Appropriations Act, paragraph (c)
  222  of subsection (5) of section 376.3071, Florida Statutes, is
  223  amended to read:
  224         376.3071 Inland Protection Trust Fund; creation; purposes;
  225  funding.—
  226         (5) SITE SELECTION AND CLEANUP CRITERIA.—
  227         (c) The department shall require source removal, if
  228  warranted and cost-effective, at each site eligible for
  229  restoration funding from the Inland Protection Trust Fund.
  230         1. Funding for free product recovery may be provided in
  231  advance of the order established by the priority ranking system
  232  under paragraph (a) for site cleanup activities. However, a
  233  separate prioritization for free product recovery shall be
  234  established consistent with paragraph (a). No more than $5
  235  million shall be encumbered from the Inland Protection Trust
  236  Fund in any fiscal year for free product recovery conducted in
  237  advance of the priority order under paragraph (a) established
  238  for site cleanup activities.
  239         2. Funding for limited interim soil-source removals for
  240  sites that will become inaccessible for future remediation due
  241  to road infrastructure and right-of-way restrictions resulting
  242  from a pending Department of Transportation road construction
  243  project or for secondary containment upgrading of underground
  244  storage tanks required under chapter 62-761, Florida
  245  Administrative Code, may be provided in advance of the order
  246  established by the priority ranking system under paragraph (a)
  247  for site cleanup activities. The department shall provide
  248  written guidance on the limited source removal information and
  249  technical evaluation necessary to justify a request for a
  250  limited source removal in advance of the priority order pursuant
  251  to paragraph (a) established for site cleanup activities.
  252  Prioritization for limited source removal projects associated
  253  with a secondary containment upgrade in any fiscal year shall be
  254  determined on a first-come, first-served basis according to the
  255  approval date issued under s. 376.30711 for the limited source
  256  removal. Funding for limited source removals associated with
  257  secondary containment upgrades shall be limited to 10 sites in
  258  each fiscal year for each facility owner and any related person.
  259  The limited source removal for secondary containment upgrades
  260  shall be completed no later than 6 months after the department
  261  issues its approval of the project, and the approval
  262  automatically expires at the end of the 6 months. Funding for
  263  Department of Transportation and secondary containment upgrade
  264  source removals may not exceed $50,000 for a single facility
  265  unless the department makes a determination that it is cost
  266  effective and environmentally beneficial to exceed this amount,
  267  but in no event shall the department authorize costs in excess
  268  of $100,000 for a single facility. Department funding for
  269  limited interim soil-source removals associated with Department
  270  of Transportation projects and secondary containment upgrades
  271  shall be limited to supplemental soil assessment, soil
  272  screening, soil removal, backfill material, treatment or
  273  disposal of the contaminated soil, dewatering related to the
  274  contaminated soil removal in an amount of up to 10 percent of
  275  the total interim soil-source removal project costs, treatment,
  276  and disposal of the contaminated groundwater and preparation of
  277  the source removal report. No other costs associated with the
  278  facility upgrade may be paid with department funds. No more than
  279  $1 million for Department of Transportation limited source
  280  removal projects and $10 million for secondary containment
  281  upgrade limited source removal projects conducted in advance of
  282  the priority order established under paragraph (a) for site
  283  cleanup activities shall be encumbered from the Inland
  284  Protection Trust Fund in any fiscal year. This subparagraph is
  285  repealed effective June 30, 2010 2009.
  286         3. Once free product removal and other source removal
  287  identified in this paragraph are completed at a site, and
  288  notwithstanding the order established by the priority ranking
  289  system under paragraph (a) for site cleanup activities, the
  290  department may reevaluate the site to determine the degree of
  291  active cleanup needed to continue site rehabilitation. Further,
  292  the department shall determine if the reevaluated site qualifies
  293  for natural attenuation monitoring or no further action. If
  294  additional site rehabilitation is necessary to reach no further
  295  action status, the site rehabilitation shall be conducted in the
  296  order established by the priority ranking system under paragraph
  297  (a) and the department is encouraged to utilize natural
  298  attenuation and monitoring where site conditions warrant.
  299         Section 12. In order to implement Specific Appropriations
  300  1690, 1691, 1692, 1694, and 1695, subsection (1) of section
  301  403.1651, Florida Statutes, is amended to read:
  302         403.1651 Ecosystem Management and Restoration Trust Fund.—
  303         (1) There is created the Ecosystem Management and
  304  Restoration Trust Fund to be administered by the Department of
  305  Environmental Protection for the purposes of:
  306         (a) Funding the detailed planning for and implementation of
  307  programs for the management and restoration of ecosystems.
  308         (b) Funding the development and implementation of surface
  309  water improvement and management plans and programs under ss.
  310  373.451-373.4595.
  311         (c) Funding activities to restore polluted areas of the
  312  state, as defined by the department, to their condition before
  313  pollution occurred or to otherwise enhance pollution control
  314  activities.
  315         (d) Funding activities to restore or rehabilitate injured
  316  or destroyed coral reefs.
  317         (e) Funding activities by the department to recover moneys
  318  as a result of actions against any person for a violation of
  319  chapter 373.
  320         (f) Funding activities authorized for the implementation of
  321  the Leah Schad Memorial Ocean Outfall Program implemented in s.
  322  403.086(9).
  323         (g)Funding activities to preserve and repair the state’s
  324  beaches as provided in ss. 161.091-161.212.
  325         Section 13. The amendment to s. 403.1651(1), Florida
  326  Statutes, made by this act shall expire July 1, 2010, and the
  327  text of that subsection shall revert to that in existence on
  328  June 30, 2009, except that any amendments to such text enacted
  329  other than by this act shall be preserved and continue to
  330  operate to the extent that such amendments are not dependent
  331  upon the portions of such text which expire pursuant to this
  332  section.
  333         Section 14. In order to implement Specific Appropriations
  334  1294 through 1454 of the 2009-2010 General Appropriations Act,
  335  section 570.20, Florida Statutes, is amended to read:
  336         570.20 General Inspection Trust Fund.—
  337         (1) All donations and all inspection fees and other funds
  338  authorized and received from whatever source in the enforcement
  339  of the inspection laws administered by the department shall be
  340  paid into the General Inspection Trust Fund of Florida, which is
  341  created in the office of the Chief Financial Officer. All
  342  expenses incurred in carrying out the provisions of the
  343  inspection laws shall be paid from this fund as other funds are
  344  paid from the State Treasury. A percentage of all revenue
  345  deposited in this fund, including transfers from any subsidiary
  346  accounts, shall be deposited in the General Revenue Fund
  347  pursuant to chapter 215, except that funds collected for
  348  marketing orders shall pay at the rate of 3 percent.
  349         (2) For the 2009-2010 2008-2009 fiscal year only and
  350  notwithstanding any other provision of law to the contrary, in
  351  addition to the spending authorized in subsection (1), moneys in
  352  the General Inspection Trust Fund may be appropriated for
  353  programs operated by the department which are related to the
  354  programs authorized by this chapter. This subsection expires
  355  July 1, 2010 2009.
  356         Section 15. A section of this act that implements a
  357  specific appropriation or specifically identified proviso
  358  language in the 2009-2010 General Appropriations Act is void if
  359  the specific appropriation or specifically identified proviso
  360  language is vetoed. A section of this act that implements more
  361  than one specific appropriation or more than one portion of
  362  specifically identified proviso language in the 2009-2010
  363  General Appropriations Act is void if all the specific
  364  appropriations or portions of specifically identified proviso
  365  language are vetoed.
  366         Section 16. If any other act passed in 2009 contains a
  367  provision that is substantively the same as a provision in this
  368  act, but that removes or is otherwise not subject to the future
  369  repeal applied to such provision by this act, the Legislature
  370  intends that the provision in the other act shall take
  371  precedence and shall continue to operate, notwithstanding the
  372  future repeal provided by this act.
  373         Section 17. If any provision of this act or its application
  374  to any person or circumstance is held invalid, the invalidity
  375  does not affect other provisions or applications of the act
  376  which can be given effect without the invalid provision or
  377  application, and to this end the provisions of this act are
  378  severable.
  379         Section 18. Except as otherwise expressly provided in this
  380  act and except for this section, which shall take effect upon
  381  this act becoming a law, this act shall take effect July 1,
  382  2009, or if this act fails to become a law until after that
  383  date, it shall take effect upon becoming a law and shall operate
  384  retroactively to July 1, 2009.

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