Bill Text: FL S1440 | 2010 | Regular Session | Comm Sub

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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) [S1440 Detail]

Download: Florida-2010-S1440-Comm_Sub.html

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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.