Bill Text: FL S1390 | 2010 | Regular Session | Comm Sub
Bill Title: Implementing 2010-2011 General Appropriations Act [WPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Policy & Steering Committee on Ways and Means, companion bill(s) passed, see HB 5001 (Ch. 2010-152), HB 5003 (Ch. 2010-153) [S1390 Detail]
Download: Florida-2010-S1390-Comm_Sub.html
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. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 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 20112009-2010fiscal year only, if the actual inmate population 70 of the Department of Corrections exceeds the inmate population 71 projections of the February 19, 2010April 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, 20112010. 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.
