Bill Text: FL S1390 | 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) [S1390 Detail]

Download: Florida-2010-S1390-Comm_Sub.html

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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  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.