Bill Text: FL S2032 | 2010 | Regular Session | Introduced

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Bill Title: State and Federal Relations [WPSC]

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2010-04-30 - Died in Committee on Governmental Oversight and Accountability [S2032 Detail]

Download: Florida-2010-S2032-Introduced.html

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Florida Senate - 2010                                    SB 2032 
 
By Senator Detert 
23-01436C-10                                          20102032__ 
1                        A bill to be entitled 
2         An act relating to state and federal relations; 
3         amending s. 14.23, F.S.; revising legislative intent; 
4         providing for the Chief Financial Officer, the 
5         Governor’s Office of Federal Revenue Maximization, and 
6         the Legislative Committee on Intergovernmental 
7         Relations to have direct access to the staff of the 
8         Office of State-Federal Relations; requiring the 
9         Office of State-Federal Relations to cooperate with 
10         the Chief Financial Officer, the Governor’s Office of 
11         Federal Revenue Maximization, the Legislature, and the 
12         Legislative Committee on Intergovernmental Relations; 
13         requiring that the Office of State-Federal Relations 
14         submit an annual report to the Governor and 
15         Legislature; amending s. 216.212, F.S.; creating the 
16         Office of Federal Revenue Maximization within the 
17         Governor’s Office of Policy and Budget; requiring that 
18         the office respond to federal grant opportunities and 
19         coordinate the use of federal funds in the state; 
20         revising duties of executive branch offices and 
21         procedures for state agencies with respect to requests 
22         for and the receipt of federal funds; requiring that 
23         the Office of Federal Revenue Maximization prepare an 
24         annual report on its activities during the preceding 
25         calendar year; amending s. 403.061, F.S.; eliminating 
26         certain duties of the Department of Environmental 
27         Protection with respect to its review of applications 
28         for federal grants and the operation of the Florida 
29         State Clearinghouse; amending s. 427.013, F.S.; 
30         conforming a cross-reference; providing an effective 
31         date. 
32 
33  Be It Enacted by the Legislature of the State of Florida: 
34 
35         Section 1. Section 14.23, Florida Statutes, is amended to 
36  read: 
37         14.23 State-Federal relations.— 
38         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature 
39  to establish mechanisms through which the legislative and 
40  executive branches of state government can work together in a 
41  cooperative alliance, to strengthen the state’s relationship 
42  with our Congressional Delegation and with federal executive 
43  branch agencies, to improve our position in relation to federal 
44  legislative initiatives which have a fiscal impact or 
45  substantive policy impact on the state, and to establish and 
46  maintain a viable network and communications structure to 
47  facilitate the transmittal of essential information between 
48  executive and legislative branch state officials and 
49  congressional and federal officials, and to take all necessary 
50  steps to maximize the receipt of various federal funds by the 
51  State of Florida. Florida’s Congressional Delegation is, in this 
52  regard, the most important linkage in representing Florida’s 
53  interests in the nation’s capital. Therefore, the mechanisms and 
54  resources created herein, for the furtherance of the state’s 
55  intergovernmental efforts, shall include the Congressional 
56  Delegation and be available to meet its needs. 
57         (2) CREATION OF THE OFFICE OF STATE-FEDERAL RELATIONS.— 
58         (a) There is created, within the Executive Office of the 
59  Governor, the Office of State-Federal Relations for the State of 
60  Florida, hereinafter referred to as the “office,” to be located 
61  in Washington, D.C. The office shall represent both the 
62  legislative and executive branches of state government. The 
63  Chief Financial Officer, the Governor’s Office of Federal 
64  Revenue Maximization, as authorized by s. 216.212, the 
65  Legislature, and the Legislative Committee on Intergovernmental 
66  Relations shall have direct access to the staff of the office. 
67         (b) The duties of the office shall be determined by the 
68  Governor, in consultation with the President of the Senate and 
69  the Speaker of the House of Representatives, and shall include, 
70  but not be limited to, the following: 
71         1. To provide legislative and administrative liaison 
72  between executive and legislative branch state officials and 
73  federal officials and agencies and with Congress. 
74         2. To provide grants assistance and advice to state 
75  agencies. 
76         3. To assist in the development and implementation of 
77  strategies for the evaluation and management of the state’s 
78  federal legislative program and intergovernmental efforts. 
79         4. To facilitate the activities of Florida officials 
80  traveling to Washington, D.C., in the performance of their 
81  official duties. 
82         (c) The head of the office shall be the director, who shall 
83  be appointed by and serve at the pleasure of the Governor. 
84         (3) COOPERATION AND COORDINATION.—For the purpose of 
85  centralizing the state-federal relations efforts of the state, 
86  state agencies and their representatives shall cooperate and 
87  coordinate their state-federal efforts and activities with the 
88  office. The office shall cooperate with the Chief Financial 
89  Officer, the Governor’s Office of Federal Revenue Maximization, 
90  the Legislature, and the Legislative Committee on 
91  Intergovernmental Relations. State agencies which have 
92  representatives headquartered in Washington, D.C., are 
93  encouraged to station their representatives in the office. 
94         (4) ANNUAL REPORT.—The office shall transmit to the 
95  Governor, the President of the Senate, the Speaker of the House 
96  of Representatives, and the executive director of the 
97  Legislative Committee on Intergovernmental Relations by February 
98  1 of each year a report on its activities to cooperate, 
99  coordinate, and satisfy the duties specified in subsections (2) 
100  and (3) during the preceding calendar year. 
101         (5)(4)(a) NOMINATIONS TO FEDERAL REGIONAL FISHERIES 
102  MANAGEMENT COUNCILS.—The Governor is prohibited from nominating 
103  for appointment to any one of the federal fisheries management 
104  councils established under 16 U.S.C. ss. 1801 et seq., as 
105  amended, the name of any person who is, or who has been at any 
106  time during the 24 months preceding such nomination, a lobbyist 
107  for any entity of any kind whatsoever whose interests are or 
108  could be affected by actions or decisions of such fisheries 
109  management councils. 
110         (b) For purposes of this section, the term “lobbyist” means 
111  any natural person who is required to register pursuant to s. 
112  11.045 or the equivalent federal statute and who, for 
113  compensation, seeks, or sought during the preceding 24 months, 
114  to influence the governmental decisionmaking of a reporting 
115  individual or procurement employee, as those terms are defined 
116  under s. 112.3148, or his or her agency, to encourage the 
117  passage, defeat, or modification of any proposal or 
118  recommendation by such reporting individual or procurement 
119  employee or his or her agency. 
120         Section 2. Section 216.212, Florida Statutes, is amended to 
121  read: 
122         216.212 Office of Federal Revenue Maximization; budgets for 
123  federal funds; restrictions on expenditure of federal funds.— 
124         (1) The Office of Federal Revenue Maximization is created 
125  within the Office of Policy and Budget in the Executive Office 
126  of the Governor. The Office of Federal Revenue Maximization 
127  shall develop the capacity to respond to federal grant 
128  opportunities and coordinate the use of federal funds in the 
129  state with the Chief Financial Officer, the Governor’s Office of 
130  State-Federal Relations, as authorized by s. 14.23, the 
131  judiciary, the Legislature, and the Legislative Committee on 
132  Intergovernmental Relations. 
133         (2)(1) The Office of Federal Revenue Maximization Executive 
134  Office of the Governor and the office of the Chief Financial 
135  Officer shall develop and implement procedures for accelerating 
136  the drawdown of, and minimizing the payment of interest on, 
137  federal funds. The Executive Office of the Governor shall 
138  establish a clearinghouse for federal programs and activities. 
139  The clearinghouse shall develop the capacity to respond to 
140  federal grant opportunities and to coordinate the use of federal 
141  funds in the state. 
142         (a) Every state agency, when making a request or preparing 
143  a budget to be submitted to the Federal Government for funds, 
144  equipment, material, or services, shall submit such request or 
145  budget to the Office of Federal Revenue Maximization Executive 
146  Office of the Governor for review and approval before submitting 
147  it to the proper federal authority. However, the Office of 
148  Federal Revenue Maximization Executive Office of the Governor 
149  may specifically authorize any agency to submit specific types 
150  of grant proposals directly to the Federal Government. 
151         (b) Every office or court of the judicial branch, when 
152  making a request or preparing a budget to be submitted to the 
153  Federal Government for funds, equipment, material, or services, 
154  shall submit such request or budget to the Chief Justice of the 
155  Supreme Court for approval before submitting it to the proper 
156  federal authority. However, the Chief Justice may specifically 
157  authorize any court to submit specific types of grant proposals 
158  directly to the Federal Government. A copy of each request, 
159  budget, or grant proposal submitted to the Federal Government 
160  must be provided to the Office of Federal Revenue Maximization. 
161         (3)(2) When such federal authority has approved the request 
162  or budget, the state agency or the judicial branch shall submit 
163  to the Office of Federal Revenue Maximization Executive Office 
164  of the Governor such documentation showing approval as that 
165  office prescribes. The Office of Federal Revenue Maximization 
166  Executive Office of the Governor must acknowledge each approved 
167  request or budget by entering that approval into an Automated 
168  Grant Management System developed in consultation with the 
169  chairs of the House of Representatives and Senate appropriations 
170  committees. 
171         (4)(3) Federal money appropriated by Congress or received 
172  from court settlements to be used for state purposes, whether by 
173  itself or in conjunction with moneys appropriated by the 
174  Legislature, may not be expended unless appropriated by the 
175  Legislature. However, the Office of Federal Revenue Maximization 
176  within the Executive Office of the Governor or the Chief Justice 
177  of the Supreme Court may, after consultation with the 
178  legislative appropriations committees, approve the receipt and 
179  expenditure of funds from federal sources by state agencies or 
180  by the judicial branch. Any federal programs requiring state 
181  matching funds which funds were eliminated, or were requested 
182  and were not approved, by the Legislature may not be implemented 
183  during the interim. However, federal and other fund sources for 
184  the State University System which do not carry a continuing 
185  commitment on future appropriations are hereby appropriated for 
186  the purpose received. 
187         (5) The Office of Federal Revenue Maximization shall 
188  transmit to the Governor, the Chief Financial Officer, the Chief 
189  Justice of the Supreme Court, the President of the Senate, the 
190  Speaker of the House of Representatives, and the executive 
191  director of the Legislative Committee on Intergovernmental 
192  Relations by February 1 of each year a report that details the 
193  office’s efforts during the preceding calendar year to respond 
194  to federal grant opportunities; coordinate the use of federal 
195  funds in the state; and accelerate the drawdown of, and minimize 
196  the payment of interest on, federal funds. 
197         Section 3. Subsection (40) of section 403.061, Florida 
198  Statutes, is amended to read: 
199         403.061 Department; powers and duties.—The department shall 
200  have the power and the duty to control and prohibit pollution of 
201  air and water in accordance with the law and rules adopted and 
202  promulgated by it and, for this purpose, to: 
203         (40) Serve as the state’s single point of contact for 
204  performing the responsibilities described in Presidential 
205  Executive Order 12372, including administration and operation of 
206  the Florida State Clearinghouse. The Florida State Clearinghouse 
207  shall Be responsible for coordinating interagency reviews of the 
208  following: federal activities and actions subject to the federal 
209  consistency requirements of s. 307 of the Coastal Zone 
210  Management Act and; documents prepared pursuant to the National 
211  Environmental Policy Act, 42 U.S.C. ss. 4321 et seq., and the 
212  Outer Continental Shelf Lands Act, 43 U.S.C. ss. 1331 et seq.; 
213  applications for federal funding pursuant to s. 216.212; and 
214  other notices and information regarding federal activities in 
215  the state, as appropriate. The Florida State Clearinghouse shall 
216  ensure that state agency comments and recommendations on the 
217  environmental, social, and economic impact of proposed federal 
218  actions are communicated to federal agencies, applicants, local 
219  governments, and interested parties. 
220 
221  The department shall implement such programs in conjunction with 
222  its other powers and duties and shall place special emphasis on 
223  reducing and eliminating contamination that presents a threat to 
224  humans, animals or plants, or to the environment. 
225         Section 4. Subsection (17) of section 427.013, Florida 
226  Statutes, is amended to read: 
227         427.013 The Commission for the Transportation 
228  Disadvantaged; purpose and responsibilities.—The purpose of the 
229  commission is to accomplish the coordination of transportation 
230  services provided to the transportation disadvantaged. The goal 
231  of this coordination is to assure the cost-effective provision 
232  of transportation by qualified community transportation 
233  coordinators or transportation operators for the transportation 
234  disadvantaged without any bias or presumption in favor of 
235  multioperator systems or not-for-profit transportation operators 
236  over single operator systems or for-profit transportation 
237  operators. In carrying out this purpose, the commission shall: 
238         (17) Review, monitor, and coordinate all transportation 
239  disadvantaged local government, state, and federal fund requests 
240  and plans for conformance with commission policy, without 
241  delaying the application process. Such funds shall be available 
242  only to those entities participating in an approved coordinated 
243  transportation system or entities which have received a 
244  commission-approved waiver to obtain all or part of their 
245  transportation through another means. This process shall 
246  identify procedures for coordinating with the state’s 
247  intergovernmental coordination and review procedures and s. 
248  216.212(1) and any other appropriate grant review process. 
249         Section 5. This act shall take effect July 1, 2010.