Florida Senate - 2018 (Proposed Bill) SPB 2502
FOR CONSIDERATION By the Committee on Appropriations
576-02096C-18 20182502pb
1 A bill to be entitled
2 An act implementing the 2018-2019 General
3 Appropriations Act; providing legislative intent;
4 incorporating by reference certain calculations of the
5 Florida Education Finance Program; providing that
6 funds for instructional materials must be released and
7 expended as required in specified proviso language;
8 amending s. 1011.62, F.S.; creating the mental health
9 assistance allocation to provide supplemental funding
10 for mental health programming and support in schools;
11 providing that such funds shall be allocated based on
12 an entity’s proportionate share of Florida Education
13 Finance Program base funding; specifying that the
14 district funding allocation must include a minimum
15 amount as set forth in the General Appropriations Act;
16 authorizing charter schools to receive a share of
17 district funding if certain conditions are met;
18 providing restrictions regarding allocated funds;
19 requiring school districts and charter schools to
20 annually develop a plan regarding the mental health
21 assistance allocation; prescribing minimum
22 requirements for such plans; requiring school
23 districts to submit approved plans to the Commissioner
24 of Education by a specified date; requiring each
25 entity that receives funding under the mental health
26 assistance allocation to submit a report to the
27 commissioner by a specified date; authorizing the
28 Legislature to provide an annual funding compression
29 allocation in the General Appropriations Act;
30 specifying the purpose of the allocation; prescribing
31 the method of calculating the allocation;
32 incorporating by reference certain calculations of the
33 Medicaid Disproportionate Share Hospital program;
34 authorizing the Agency for Health Care Administration,
35 in consultation with the Department of Health, to
36 submit a budget amendment to realign funding for a
37 component of the Children’s Medical Services program;
38 specifying requirements for such realignment;
39 authorizing the agency to request nonoperating budget
40 authority for transferring certain federal funds to
41 the department; specifying criteria to be used by the
42 Agency for Persons with Disabilities in the event that
43 an allocation algorithm and methodology for the
44 iBudget system is no longer in effect; providing for
45 the implementation of any new iBudget allocation
46 algorithm and methodology; authorizing increased
47 funding for an iBudget under certain circumstances;
48 amending s. 409.911, F.S.; updating the average of
49 audited disproportionate share data for purposes of
50 calculating disproportionate share payments; extending
51 for 1 fiscal year the requirement that the Agency for
52 Health Care Administration distribute moneys to
53 hospitals that provide a disproportionate share of
54 Medicaid or charity care services as set forth in the
55 General Appropriations Act; amending s. 409.9113,
56 F.S.; extending for 1 fiscal year the requirement that
57 the Agency for Health Care Administration make
58 disproportionate share payments to teaching hospitals
59 as set forth in the General Appropriations Act;
60 amending s. 409.9119, F.S.; extending for 1 fiscal
61 year the requirement that the Agency for Health Care
62 Administration make disproportionate share payments to
63 certain specialty hospitals for children as set forth
64 in the General Appropriations Act; amending s.
65 216.262, F.S.; extending for 1 fiscal year the
66 authority of the Department of Corrections to submit a
67 budget amendment for additional positions and
68 appropriations under certain circumstances; amending
69 s. 215.18, F.S.; extending for 1 fiscal year the
70 authority, and related repayment requirements, for
71 temporary trust fund loans to the state court system
72 which are sufficient to meet the system’s
73 appropriation; authorizing the Department of
74 Corrections to submit certain budget amendments to
75 transfer funds into the Inmate Health Services
76 category; providing that such transfers are subject to
77 notice, review, and objection procedures; requiring
78 the Department of Juvenile Justice to review county
79 juvenile detention payments to ensure that counties
80 fulfill specified financial responsibilities;
81 requiring amounts owed by a county for such financial
82 responsibilities to be deducted from certain county
83 funds; requiring the Department of Revenue to transfer
84 withheld funds to a specified trust fund; requiring
85 the Department of Revenue to ensure that such
86 reductions in amounts distributed do not reduce
87 distributions below amounts necessary for certain
88 payments due on bonds and to comply with bond
89 covenants; requiring the Department of Revenue to
90 notify the Department of Juvenile Justice if bond
91 payment requirements require a reduction in deductions
92 for amounts owed by a county; prohibiting the
93 Department of Juvenile Justice from providing to
94 certain nonfiscally constrained counties
95 reimbursements or credits against identified juvenile
96 detention center costs under specified circumstances;
97 prohibiting a nonfiscally constrained county from
98 applying, deducting, or receiving such reimbursements
99 or credits; amending s. 27.5304, F.S.; extending for 1
100 fiscal year certain limitations on compensation for
101 private court-appointed counsel; amending s. 1011.80,
102 F.S.; providing that state funds provided for
103 postsecondary workforce program operations may be used
104 for inmate education if specifically appropriated for
105 such purpose; authorizing a Supreme Court Justice to
106 designate an alternate facility as his or her official
107 headquarters for purposes of travel reimbursement;
108 specifying which expenses may be reimbursed to a
109 justice; requiring the Chief Justice to coordinate
110 with an affected justice and other appropriate
111 officials with respect to implementation; providing
112 for construction; prohibiting the Supreme Court from
113 using state funds to lease space in an alternate
114 facility for use as a justice’s official headquarters;
115 requiring the Department of Management Services to use
116 tenant broker services to renegotiate or reprocure
117 certain private lease agreements for office or storage
118 space; requiring the Department of Management Services
119 to provide a report to the Executive Office of the
120 Governor and the Legislature by a specified date;
121 specifying the amount of the transaction fee to be
122 collected for use of the state’s online procurement
123 system; prohibiting an agency from transferring funds
124 from a data processing category to another category
125 that is not a data processing category; authorizing
126 the Executive Office of the Governor to transfer funds
127 appropriated in certain appropriation categories
128 between departments for specified purposes; requiring
129 the Department of Financial Services to replace
130 specified components of the Florida Accounting
131 Information Resource Subsystem (FLAIR) and the Cash
132 Management Subsystem (CMS); specifying certain actions
133 to be taken by the Department of Financial Services
134 regarding FLAIR and CMS replacement; providing for the
135 composition of an executive steering committee to
136 oversee FLAIR and CMS replacement; prescribing duties
137 and responsibilities of the executive steering
138 committee; amending s. 282.0051, F.S.; revising the
139 powers, duties, and functions of the Agency for State
140 Technology with respect to the operational management
141 and oversight of the state data center; providing for
142 the future expiration and reversion of specified
143 statutory text; amending s. 216.181, F.S.; extending
144 for 1 fiscal year the authority for the Legislative
145 Budget Commission to increase amounts appropriated to
146 the Fish and Wildlife Conservation Commission or the
147 Department of Environmental Protection for certain
148 fixed capital outlay projects from specified sources;
149 amending s. 215.18, F.S.; extending for 1 fiscal year
150 the authority of the Governor, if there is a specified
151 deficiency in a land acquisition trust fund in the
152 Department of Agriculture and Consumer Services, the
153 Department of Environmental Protection, the Department
154 of State, or the Fish and Wildlife Conservation
155 Commission, to transfer funds from other trust funds
156 in the State Treasury as a temporary loan to such
157 trust fund; providing procedures for the repayment of
158 the temporary loan; amending s. 375.041, F.S.;
159 specifying that certain funds for projects dedicated
160 to restoring Lake Apopka shall be appropriated as
161 provided under the General Appropriations Act;
162 reenacting s. 373.470(6)(a), F.S., relating to
163 Everglades restoration; providing for the future
164 expiration and reversion of specified statutory text;
165 amending s. 216.181, F.S.; extending for 1 fiscal year
166 the authority of the Legislative Budget Commission to
167 increase amounts appropriated to the Department of
168 Environmental Protection for fixed capital outlay
169 projects using specified funds; specifying additional
170 information to be included in budget amendments for
171 projects requiring additional funding; requiring the
172 Department of Environmental Protection to transfer a
173 designated proportionate share of the revenues
174 deposited in the Land Acquisition Trust Fund within
175 the department to land acquisition trust funds in the
176 Department of Agriculture and Consumer Services, the
177 Department of State, and the Fish and Wildlife
178 Conservation Commission, according to specified
179 parameters and calculations; defining the term
180 “department”; requiring the Department of
181 Environmental Protection to retain a proportionate
182 share of revenues; specifying a limit on
183 distributions; requiring the Department of
184 Environmental Protection to make transfers to land
185 acquisition trust funds; specifying the method of
186 determining transfer amounts; authorizing the
187 Department of Environmental Protection to advance
188 funds from its land acquisition trust fund to the Fish
189 and Wildlife Conservation Commission’s land
190 acquisition trust fund for specified purposes;
191 requiring the Department of Environmental Protection
192 to prorate amounts transferred to the Fish and
193 Wildlife Conservation Commission; requiring the
194 Department of Environmental Protection to distribute
195 moneys transferred from the Land Acquisition Trust
196 Fund into the Florida Forever Trust Fund in accordance
197 with a specified distribution formula; amending s.
198 375.075, F.S.; requiring that a minimum amount of
199 funds for the Florida Recreation Development
200 Assistance Program be used for projects that provide
201 recreational enhancements and opportunities for
202 children; requiring the Department of Environmental
203 Protection to award grants by a specified date;
204 providing limitations with respect to the number of
205 grant applications a local government may submit and
206 the maximum project grant amount; specifying
207 requirements for the selection criteria used by the
208 department; amending s. 295.23, F.S.; transferring
209 duties relating to the administration of the veterans
210 research and marketing campaign from the Florida
211 Tourism Industry Marketing Corporation to Florida Is
212 For Veterans, Inc.; revising the annual appropriation
213 for the veterans research and marketing campaign;
214 amending s. 295.21, F.S.; revising the duties of
215 Florida Is For Veterans, Inc., regarding the veterans
216 research and marketing campaign to conform to changes
217 made by the act; providing for the future expiration
218 and reversion of specified statutory text; amending s.
219 427.013, F.S.; extending for 1 fiscal year a
220 requirement that the Commission for the Transportation
221 Disadvantaged allocate and award appropriated funds
222 for specified purposes; amending s. 321.04, F.S.;
223 extending for 1 fiscal year provisions requiring the
224 Department of Highway Safety and Motor Vehicles to
225 assign the patrol officer assigned to the Office of
226 the Governor to the Lieutenant Governor and to assign
227 a patrol officer to a Cabinet member under certain
228 circumstances; amending s. 339.135, F.S.; extending
229 for 1 fiscal year provisions authorizing the
230 Department of Transportation to realign budget
231 authority to carry out the department’s work program;
232 amending s. 216.292, F.S.; extending for 1 fiscal year
233 a provision that requires a review of certain
234 transfers of appropriations to ensure compliance with
235 ch. 216, F.S., and that such transfers are not
236 contrary to legislative policy and intent; amending s.
237 112.24, F.S.; extending for 1 fiscal year the
238 authorization, subject to specified requirements, for
239 the assignment of an employee of a state agency under
240 an employee interchange agreement; providing that the
241 annual salaries of the members of the Legislature
242 shall be maintained at a specified level; reenacting
243 s. 215.32(2)(b), F.S., relating to the source and use
244 of certain trust funds; providing for the future
245 expiration and reversion of specified statutory text;
246 prohibiting state agencies from entering into
247 contracts containing certain nondisclosure agreements;
248 providing conditions under which the veto of certain
249 appropriations or proviso language in the General
250 Appropriations Act voids language that implements such
251 appropriations; providing for the continued operation
252 of certain provisions notwithstanding a future repeal
253 or expiration provided by the act; providing
254 severability; providing effective dates.
255
256 Be It Enacted by the Legislature of the State of Florida:
257
258 Section 1. It is the intent of the Legislature that the
259 implementing and administering provisions of this act apply to
260 the General Appropriations Act for the 2018-2019 fiscal year.
261 Section 2. In order to implement Specific Appropriations 6,
262 7, 8, 92, and 93 of the 2018-2019 General Appropriations Act,
263 the calculations of the Florida Education Finance Program for
264 the 2018-2019 fiscal year included in the document titled
265 “Public School Funding: The Florida Education Finance Program,”
266 dated January 26, 2018, and filed with the Secretary of the
267 Senate, are incorporated by reference for the purpose of
268 displaying the calculations used by the Legislature, consistent
269 with the requirements of state law, in making appropriations for
270 the Florida Education Finance Program. This section expires July
271 1, 2019.
272 Section 3. In order to implement Specific Appropriations 6
273 and 92 of the 2018-2019 General Appropriations Act, and
274 notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
275 1011.62(6)(b)5., and 1011.67, Florida Statutes, relating to the
276 expenditure of funds provided for instructional materials, for
277 the 2018-2019 fiscal year, funds provided for instructional
278 materials shall be released and expended as required in the
279 proviso language for Specific Appropriation 92 of the 2018-2019
280 General Appropriations Act. This section expires July 1, 2019.
281 Section 4. In order to implement Specific Appropriations 6
282 and 92 of the 2018-2019 General Appropriations Act, present
283 subsections (16) and (17) of section 1011.62, Florida Statutes,
284 are renumbered as subsections (18) and (19), respectively,
285 paragraph (a) of subsection (4) and subsection (14) of that
286 section are amended, and new subsections (16) and (17) are added
287 to that section, to read:
288 1011.62 Funds for operation of schools.—If the annual
289 allocation from the Florida Education Finance Program to each
290 district for operation of schools is not determined in the
291 annual appropriations act or the substantive bill implementing
292 the annual appropriations act, it shall be determined as
293 follows:
294 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
295 Legislature shall prescribe the aggregate required local effort
296 for all school districts collectively as an item in the General
297 Appropriations Act for each fiscal year. The amount that each
298 district shall provide annually toward the cost of the Florida
299 Education Finance Program for kindergarten through grade 12
300 programs shall be calculated as follows:
301 (a) Estimated taxable value calculations.—
302 1.a. Not later than 2 working days before July 19, the
303 Department of Revenue shall certify to the Commissioner of
304 Education its most recent estimate of the taxable value for
305 school purposes in each school district and the total for all
306 school districts in the state for the current calendar year
307 based on the latest available data obtained from the local
308 property appraisers. The value certified shall be the taxable
309 value for school purposes for that year, and no further
310 adjustments shall be made, except those made pursuant to
311 paragraphs (c) and (d), or an assessment roll change required by
312 final judicial decisions as specified in paragraph (18)(b)
313 (16)(b). Not later than July 19, the Commissioner of Education
314 shall compute a millage rate, rounded to the next highest one
315 one-thousandth of a mill, which, when applied to 96 percent of
316 the estimated state total taxable value for school purposes,
317 would generate the prescribed aggregate required local effort
318 for that year for all districts. The Commissioner of Education
319 shall certify to each district school board the millage rate,
320 computed as prescribed in this subparagraph, as the minimum
321 millage rate necessary to provide the district required local
322 effort for that year.
323 b. The General Appropriations Act shall direct the
324 computation of the statewide adjusted aggregate amount for
325 required local effort for all school districts collectively from
326 ad valorem taxes to ensure that no school district’s revenue
327 from required local effort millage will produce more than 90
328 percent of the district’s total Florida Education Finance
329 Program calculation as calculated and adopted by the
330 Legislature, and the adjustment of the required local effort
331 millage rate of each district that produces more than 90 percent
332 of its total Florida Education Finance Program entitlement to a
333 level that will produce only 90 percent of its total Florida
334 Education Finance Program entitlement in the July calculation.
335 2. On the same date as the certification in sub
336 subparagraph 1.a., the Department of Revenue shall certify to
337 the Commissioner of Education for each district:
338 a. Each year for which the property appraiser has certified
339 the taxable value pursuant to s. 193.122(2) or (3), if
340 applicable, since the prior certification under sub-subparagraph
341 1.a.
342 b. For each year identified in sub-subparagraph a., the
343 taxable value certified by the appraiser pursuant to s.
344 193.122(2) or (3), if applicable, since the prior certification
345 under sub-subparagraph 1.a. This is the certification that
346 reflects all final administrative actions of the value
347 adjustment board.
348 (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
349 annually in the General Appropriations Act determine a
350 percentage increase in funds per K-12 unweighted FTE as a
351 minimum guarantee to each school district. The guarantee shall
352 be calculated from prior year base funding per unweighted FTE
353 student which shall include the adjusted FTE dollars as provided
354 in subsection (18) (16), quality guarantee funds, and actual
355 nonvoted discretionary local effort from taxes. From the base
356 funding per unweighted FTE, the increase shall be calculated for
357 the current year. The current year funds from which the
358 guarantee shall be determined shall include the adjusted FTE
359 dollars as provided in subsection (18) (16) and potential
360 nonvoted discretionary local effort from taxes. A comparison of
361 current year funds per unweighted FTE to prior year funds per
362 unweighted FTE shall be computed. For those school districts
363 which have less than the legislatively assigned percentage
364 increase, funds shall be provided to guarantee the assigned
365 percentage increase in funds per unweighted FTE student. Should
366 appropriated funds be less than the sum of this calculated
367 amount for all districts, the commissioner shall prorate each
368 district’s allocation. This provision shall be implemented to
369 the extent specifically funded.
370 (16) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
371 assistance allocation is created to provide supplemental funding
372 to assist school districts in establishing or expanding
373 comprehensive school-based mental health programs that increase
374 awareness of mental health issues among children and school-age
375 youth; training educators and other school staff in detecting
376 and responding to mental health issues; and connecting children,
377 youth, and families who may experience behavioral health issues
378 with appropriate services. These funds may be allocated annually
379 in the General Appropriations Act to each eligible school
380 district and developmental research school based on each
381 entity’s proportionate share of FEFP base funding. The district
382 funding allocation must include a minimum amount as specified in
383 the General Appropriations Act. Upon submission and approval of
384 a plan that includes the elements specified in paragraph (b),
385 charter schools are also entitled to a proportionate share of
386 district funding for this program. The allocated funds may not
387 supplant funds that are provided for this purpose from other
388 operating funds and may not be used to increase salaries or
389 provide bonuses.
390 (a) Before the distribution of the allocation:
391 1. The school district must annually develop and submit a
392 detailed plan outlining the local program and planned
393 expenditures to the district school board for approval.
394 2. A charter school must annually develop and submit a
395 detailed plan outlining the local program and planned
396 expenditures of the funds in the plan to its governing board for
397 approval. After the plan is approved by the governing board, it
398 must be provided to the appropriate school district for
399 submission to the commissioner.
400 (b) Plans required under paragraph (a) must, at a minimum,
401 include the following elements:
402 1. A collaborative effort or partnership between the school
403 district and at least one local community program or agency
404 involved in mental health to provide or to improve prevention,
405 diagnosis, and treatment services for students;
406 2. Programs to assist students in dealing with bullying,
407 trauma, and violence;
408 3. Strategies or programs to reduce the likelihood of at
409 risk students developing social, emotional, or behavioral health
410 problems or substance use disorders;
411 4. Strategies to improve the early identification of
412 social, emotional, or behavioral problems or substance use
413 disorders and to improve the provision of early intervention
414 services;
415 5. Strategies to enhance the availability of school-based
416 crisis intervention services and appropriate referrals for
417 students in need of mental health services; and
418 6. Training opportunities for school personnel regarding
419 the techniques and supports needed to identify students who have
420 trauma histories and who have or are at risk of having a mental
421 illness, and in the use of referral mechanisms that effectively
422 link such students to appropriate treatment and intervention
423 services in the school and in the community.
424 (c) School districts must submit plans approved by the
425 district school board to the commissioner by August 1 of each
426 fiscal year.
427 (d) Beginning September 30, 2019, and by each September 30
428 thereafter, each entity that receives an allocation under this
429 subsection shall submit a final report on its program outcomes
430 and its expenditures for each element of the program, in a
431 format prescribed by the department, to the commissioner.
432
433 This subsection expires July 1, 2019.
434 (17) FUNDING COMPRESSION ALLOCATION.—The Legislature may
435 provide an annual funding compression allocation in the General
436 Appropriations Act. The allocation is created to provide
437 additional funding to school districts and developmental
438 research schools whose total funds per FTE in the prior year
439 were less than the statewide average. Using the most recent
440 prior year FEFP calculation for each eligible school district,
441 the total funds per FTE shall be subtracted from the state
442 average funds per FTE, not including any adjustments made
443 pursuant to paragraph (18)(b). The resulting funds per FTE
444 difference, or a portion thereof, as designated in the General
445 Appropriations Act, must then be multiplied by the school
446 district’s total unweighted FTE to provide the allocation. If
447 the calculated funds are greater than the amount included in the
448 General Appropriations Act, they must be prorated to the
449 appropriation amount based on each participating school
450 district’s share. This subsection expires July 1, 2019.
451 Section 5. In order to implement Specific Appropriation 200
452 of the 2018-2019 General Appropriations Act, the calculations
453 for the Medicaid Disproportionate Share Hospital program for the
454 2018-2019 fiscal year contained in the document titled “Medicaid
455 Hospital Funding Program,” dated January 26, 2018, and filed
456 with the Secretary of the Senate, are incorporated by reference
457 for the purpose of displaying the calculations used by the
458 Legislature, consistent with the requirements of state law, in
459 making appropriations for the Medicaid Disproportionate Share
460 Hospital program. This section expires July 1, 2019.
461 Section 6. In order to implement Specific Appropriations
462 193 through 220 and 524 of the 2018-2019 General Appropriations
463 Act, and notwithstanding ss. 216.181 and 216.292, Florida
464 Statutes, the Agency for Health Care Administration, in
465 consultation with the Department of Health, may submit a budget
466 amendment, subject to the notice, review, and objection
467 procedures of s. 216.177, Florida Statutes, to realign funding
468 within and between agencies based on implementation of the
469 Managed Medical Assistance component of the Statewide Medicaid
470 Managed Care program for the Children’s Medical Services program
471 of the Department of Health. The funding realignment shall
472 reflect the actual enrollment changes due to the transfer of
473 beneficiaries from fee-for-service to the capitated Children’s
474 Medical Services Network. The Agency for Health Care
475 Administration may submit a request for nonoperating budget
476 authority to transfer the federal funds to the Department of
477 Health pursuant to s. 216.181(12), Florida Statutes. This
478 section expires July 1, 2019.
479 Section 7. In order to implement Specific Appropriation 242
480 of the 2018-2019 General Appropriations Act:
481 (1) If during the 2018-2019 fiscal year, the Agency for
482 Persons with Disabilities ceases to have an allocation algorithm
483 and methodology adopted by valid rule pursuant to s. 393.0662,
484 Florida Statutes, the agency shall use the following until it
485 adopts a new allocation algorithm and methodology:
486 (a) Each client’s iBudget in effect as of the date the
487 agency ceases to have an allocation algorithm and methodology
488 adopted by valid rule pursuant to s. 393.0662, Florida Statutes,
489 shall remain at that funding level.
490 (b) The Agency for Persons with Disabilities shall
491 determine the iBudget for a client newly enrolled in the home
492 and community-based services waiver program using the same
493 allocation algorithm and methodology used for the iBudgets
494 determined between January 1, 2017, and December 31, 2017.
495 (2) After a new allocation algorithm and methodology is
496 adopted by final rule, a client’s new iBudget shall be
497 determined based on the new allocation algorithm and methodology
498 and shall take effect as of the client’s next support plan
499 update.
500 (3) Funding allocated under subsections (1) and (2) may be
501 increased pursuant to s. 393.0662(1)(b), Florida Statutes, or as
502 necessary to comply with federal regulations.
503 (4) This section expires July 1, 2019.
504 Section 8. In order to implement Specific Appropriation 200
505 of the 2018-2019 General Appropriations Act, subsections (2) and
506 (10) of section 409.911, Florida Statutes, are amended to read:
507 409.911 Disproportionate share program.—Subject to specific
508 allocations established within the General Appropriations Act
509 and any limitations established pursuant to chapter 216, the
510 agency shall distribute, pursuant to this section, moneys to
511 hospitals providing a disproportionate share of Medicaid or
512 charity care services by making quarterly Medicaid payments as
513 required. Notwithstanding the provisions of s. 409.915, counties
514 are exempt from contributing toward the cost of this special
515 reimbursement for hospitals serving a disproportionate share of
516 low-income patients.
517 (2) The Agency for Health Care Administration shall use the
518 following actual audited data to determine the Medicaid days and
519 charity care to be used in calculating the disproportionate
520 share payment:
521 (a) The average of the 2010, 2011, and 2012 2009, 2010, and
522 2011 audited disproportionate share data to determine each
523 hospital’s Medicaid days and charity care for the 2018-2019
524 2017-2018 state fiscal year.
525 (b) If the Agency for Health Care Administration does not
526 have the prescribed 3 years of audited disproportionate share
527 data as noted in paragraph (a) for a hospital, the agency shall
528 use the average of the years of the audited disproportionate
529 share data as noted in paragraph (a) which is available.
530 (c) In accordance with s. 1923(b) of the Social Security
531 Act, a hospital with a Medicaid inpatient utilization rate
532 greater than one standard deviation above the statewide mean or
533 a hospital with a low-income utilization rate of 25 percent or
534 greater shall qualify for reimbursement.
535 (10) Notwithstanding any provision of this section to the
536 contrary, for the 2018-2019 2017-2018 state fiscal year, the
537 agency shall distribute moneys to hospitals providing a
538 disproportionate share of Medicaid or charity care services as
539 provided in the 2018-2019 2017-2018 General Appropriations Act.
540 This subsection expires July 1, 2019 2018.
541 Section 9. In order to implement Specific Appropriation 200
542 of the 2018-2019 General Appropriations Act, subsection (3) of
543 section 409.9113, Florida Statutes, is amended to read:
544 409.9113 Disproportionate share program for teaching
545 hospitals.—In addition to the payments made under s. 409.911,
546 the agency shall make disproportionate share payments to
547 teaching hospitals, as defined in s. 408.07, for their increased
548 costs associated with medical education programs and for
549 tertiary health care services provided to the indigent. This
550 system of payments must conform to federal requirements and
551 distribute funds in each fiscal year for which an appropriation
552 is made by making quarterly Medicaid payments. Notwithstanding
553 s. 409.915, counties are exempt from contributing toward the
554 cost of this special reimbursement for hospitals serving a
555 disproportionate share of low-income patients. The agency shall
556 distribute the moneys provided in the General Appropriations Act
557 to statutorily defined teaching hospitals and family practice
558 teaching hospitals, as defined in s. 395.805, pursuant to this
559 section. The funds provided for statutorily defined teaching
560 hospitals shall be distributed as provided in the General
561 Appropriations Act. The funds provided for family practice
562 teaching hospitals shall be distributed equally among family
563 practice teaching hospitals.
564 (3) Notwithstanding any provision of this section to the
565 contrary, for the 2018-2019 2017-2018 state fiscal year, the
566 agency shall make disproportionate share payments to teaching
567 hospitals, as defined in s. 408.07, as provided in the 2018-2019
568 2017-2018 General Appropriations Act. This subsection expires
569 July 1, 2019 2018.
570 Section 10. In order to implement Specific Appropriation
571 200 of the 2018-2019 General Appropriations Act, subsection (4)
572 of section 409.9119, Florida Statutes, is amended to read:
573 409.9119 Disproportionate share program for specialty
574 hospitals for children.—In addition to the payments made under
575 s. 409.911, the Agency for Health Care Administration shall
576 develop and implement a system under which disproportionate
577 share payments are made to those hospitals that are separately
578 licensed by the state as specialty hospitals for children, have
579 a federal Centers for Medicare and Medicaid Services
580 certification number in the 3300-3399 range, have Medicaid days
581 that exceed 55 percent of their total days and Medicare days
582 that are less than 5 percent of their total days, and were
583 licensed on January 1, 2013, as specialty hospitals for
584 children. This system of payments must conform to federal
585 requirements and must distribute funds in each fiscal year for
586 which an appropriation is made by making quarterly Medicaid
587 payments. Notwithstanding s. 409.915, counties are exempt from
588 contributing toward the cost of this special reimbursement for
589 hospitals that serve a disproportionate share of low-income
590 patients. The agency may make disproportionate share payments to
591 specialty hospitals for children as provided for in the General
592 Appropriations Act.
593 (4) Notwithstanding any provision of this section to the
594 contrary, for the 2018-2019 2017-2018 state fiscal year, for
595 hospitals achieving full compliance under subsection (3), the
596 agency shall make disproportionate share payments to specialty
597 hospitals for children as provided in the 2018-2019 2017-2018
598 General Appropriations Act. This subsection expires July 1, 2019
599 2018.
600 Section 11. In order to implement Specific Appropriations
601 583 through 692 and 711 through 745 of the 2018-2019 General
602 Appropriations Act, subsection (4) of section 216.262, Florida
603 Statutes, is amended to read:
604 216.262 Authorized positions.—
605 (4) Notwithstanding the provisions of this chapter relating
606 to increasing the number of authorized positions, and for the
607 2018-2019 2017-2018 fiscal year only, if the actual inmate
608 population of the Department of Corrections exceeds the inmate
609 population projections of the December 20, 2017 February 23,
610 2017, Criminal Justice Estimating Conference by 1 percent for 2
611 consecutive months or 2 percent for any month, the Executive
612 Office of the Governor, with the approval of the Legislative
613 Budget Commission, shall immediately notify the Criminal Justice
614 Estimating Conference, which shall convene as soon as possible
615 to revise the estimates. The Department of Corrections may then
616 submit a budget amendment requesting the establishment of
617 positions in excess of the number authorized by the Legislature
618 and additional appropriations from unallocated general revenue
619 sufficient to provide for essential staff, fixed capital
620 improvements, and other resources to provide classification,
621 security, food services, health services, and other variable
622 expenses within the institutions to accommodate the estimated
623 increase in the inmate population. All actions taken pursuant to
624 this subsection are subject to review and approval by the
625 Legislative Budget Commission. This subsection expires July 1,
626 2019 2018.
627 Section 12. In order to implement Specific Appropriations
628 3127 through 3194 of the 2018-2019 General Appropriations Act,
629 subsection (2) of section 215.18, Florida Statutes, is amended
630 to read:
631 215.18 Transfers between funds; limitation.—
632 (2) The Chief Justice of the Supreme Court may receive one
633 or more trust fund loans to ensure that the state court system
634 has funds sufficient to meet its appropriations in the 2018-2019
635 2017-2018 General Appropriations Act. If the Chief Justice
636 accesses the loan, he or she must notify the Governor and the
637 chairs of the legislative appropriations committees in writing.
638 The loan must come from other funds in the State Treasury which
639 are for the time being or otherwise in excess of the amounts
640 necessary to meet the just requirements of such last-mentioned
641 funds. The Governor shall order the transfer of funds within 5
642 days after the written notification from the Chief Justice. If
643 the Governor does not order the transfer, the Chief Financial
644 Officer shall transfer the requested funds. The loan of funds
645 from which any money is temporarily transferred must be repaid
646 by the end of the 2018-2019 2017-2018 fiscal year. This
647 subsection expires July 1, 2019 2018.
648 Section 13. In order to implement Specific Appropriation
649 716 of the 2018-2019 General Appropriations Act, and
650 notwithstanding s. 216.292, Florida Statutes, the Department of
651 Corrections is authorized to submit budget amendments to
652 transfer funds from categories within the department other than
653 fixed capital outlay categories into the Inmate Health Services
654 category in order to continue the current level of care in the
655 provision of health services. Such transfers are subject to the
656 notice, review, and objection procedures of s. 216.177, Florida
657 Statutes. This section expires July 1, 2019.
658 Section 14. (1) In order to implement Specific
659 Appropriations 1104 through 1114 of the 2018-2019 General
660 Appropriations Act, the Department of Juvenile Justice must
661 review county juvenile detention payments to ensure that
662 counties fulfill their financial responsibilities required in s.
663 985.6865, Florida Statutes. If the Department of Juvenile
664 Justice determines that a county has not met its obligations,
665 the department must direct the Department of Revenue to deduct
666 the amount owed to the Department of Juvenile Justice from the
667 funds provided to the county under s. 218.23, Florida Statutes.
668 The Department of Revenue shall transfer the funds withheld to
669 the Shared County/State Juvenile Detention Trust Fund.
670 (2) As an assurance to holders of bonds issued by counties
671 before July 1, 2018, for which distributions made pursuant to s.
672 218.23, Florida Statutes, are pledged, or bonds issued to refund
673 such bonds which mature no later than the bonds they refunded
674 and which result in a reduction of debt service payable in each
675 fiscal year, the amount available for distribution to a county
676 shall remain as provided by law and continue to be subject to
677 any lien or claim on behalf of the bondholders. The Department
678 of Revenue must ensure, based on information provided by an
679 affected county, that any reduction in amounts distributed
680 pursuant to subsection (1) does not reduce the amount of
681 distribution to a county below the amount necessary for the
682 timely payment of principal and interest when due on the bonds
683 and the amount necessary to comply with any covenant under the
684 bond resolution or other documents relating to the issuance of
685 the bonds. If a reduction to a county’s monthly distribution
686 must be decreased in order to comply with this subsection, the
687 Department of Revenue must notify the Department of Juvenile
688 Justice of the amount of the decrease, and the Department of
689 Juvenile Justice must send a bill for payment of such amount to
690 the affected county.
691 (3) This section expires July 1, 2019.
692 Section 15. In order to implement Specific Appropriations
693 1104 through 1114 of the 2018-2019 General Appropriations Act,
694 the Department of Juvenile Justice may not provide, make, pay,
695 or deduct, and a nonfiscally constrained county may not apply,
696 deduct, or receive any reimbursement or any credit for any
697 previous overpayment of juvenile detention care costs related to
698 or for any previous state fiscal year, against the juvenile
699 detention care costs due from the nonfiscally constrained county
700 in the 2018-2019 fiscal year pursuant to s. 985.686, Florida
701 Statutes, or any other law. This section expires July 1, 2019.
702 Section 16. In order to implement Specific Appropriation
703 772 of the 2018-2019 General Appropriations Act, subsection (13)
704 of section 27.5304, Florida Statutes, is amended to read:
705 27.5304 Private court-appointed counsel; compensation;
706 notice.—
707 (13) Notwithstanding the limitation set forth in subsection
708 (5) and for the 2018-2019 2017-2018 fiscal year only, the
709 compensation for representation in a criminal proceeding may not
710 exceed the following:
711 (a) For misdemeanors and juveniles represented at the trial
712 level: $1,000.
713 (b) For noncapital, nonlife felonies represented at the
714 trial level: $15,000.
715 (c) For life felonies represented at the trial level:
716 $15,000.
717 (d) For capital cases represented at the trial level:
718 $25,000. For purposes of this paragraph, a “capital case” is any
719 offense for which the potential sentence is death and the state
720 has not waived seeking the death penalty.
721 (e) For representation on appeal: $9,000.
722
723 (f) This subsection expires July 1, 2019 2018.
724 Section 17. In order to implement Specific Appropriation
725 732 of the 2018-2019 General Appropriations Act, paragraph (b)
726 of subsection (7) of section 1011.80, Florida Statutes, is
727 amended to read:
728 1011.80 Funds for operation of workforce education
729 programs.—
730 (7)
731 (b) State funds provided for the operation of postsecondary
732 workforce programs may not be expended for the education of
733 state or federal inmates, except to the extent that such funds
734 are specifically appropriated for such purpose in the 2018-2019
735 General Appropriations Act.
736 Section 18. In order to implement Specific Appropriation
737 3129 of the 2018-2019 General Appropriations Act, and
738 notwithstanding s. 112.061(4), Florida Statutes:
739 (1)(a) A Supreme Court justice who permanently resides
740 outside Leon County may, if he or she so requests, have a
741 district court of appeal courthouse, a county courthouse, or
742 other appropriate facility in his or her district of residence
743 designated as his or her official headquarters for purposes of
744 s. 112.061, Florida Statutes. This official headquarters may
745 serve only as the justice’s private chambers.
746 (b) A justice for whom an official headquarters is
747 designated in his or her district of residence under this
748 subsection is eligible for subsistence at a rate to be
749 established by the Chief Justice for each day or partial day
750 that the justice is at the headquarters of the Supreme Court to
751 conduct court business. In addition to the subsistence
752 allowance, a justice is eligible for reimbursement for
753 transportation expenses as provided in s. 112.061(7), Florida
754 Statutes, for travel between the justice’s official headquarters
755 and the headquarters of the Supreme Court to conduct court
756 business.
757 (c) Payment of subsistence and reimbursement for
758 transportation expenses relating to travel between a justice’s
759 official headquarters and the headquarters of the Supreme Court
760 shall be made to the extent appropriated funds are available, as
761 determined by the Chief Justice.
762 (2) The Chief Justice shall coordinate with each affected
763 justice and other state and local officials as necessary to
764 implement paragraph (1)(a).
765 (3)(a) This section does not require a county to provide
766 space in a county courthouse for a justice. A county may enter
767 into an agreement with the Supreme Court governing the use of
768 space in a county courthouse.
769 (b) The Supreme Court may not use state funds to lease
770 space in a district court of appeal courthouse, a county
771 courthouse, or another facility to allow a justice to establish
772 an official headquarters pursuant to subsection (1).
773 (4) This section expires July 1, 2019.
774 Section 19. In order to implement appropriations used to
775 pay existing lease contracts for private lease space in excess
776 of 2,000 square feet in the 2018-2019 General Appropriations
777 Act, the Department of Management Services, with the cooperation
778 of the agencies having the existing lease contracts for office
779 or storage space, shall use tenant broker services to
780 renegotiate or reprocure all private lease agreements for office
781 or storage space expiring between July 1, 2019, and June 30,
782 2021, in order to reduce costs in future years. The department
783 shall incorporate this initiative into its 2018 master leasing
784 report required under s. 255.249(7), Florida Statutes, and may
785 use tenant broker services to explore the possibilities of
786 collocating office or storage space, to review the space needs
787 of each agency, and to review the length and terms of potential
788 renewals or renegotiations. The department shall provide a
789 report to the Executive Office of the Governor, the President of
790 the Senate, and the Speaker of the House of Representatives by
791 November 1, 2018, which lists each lease contract for private
792 office or storage space, the status of renegotiations, and the
793 savings achieved. This section expires July 1, 2019.
794 Section 20. In order to implement Specific Appropriations
795 2758 through 2770 of the 2018-2019 General Appropriations Act,
796 and notwithstanding rule 60A-1.031, Florida Administrative Code,
797 the transaction fee collected for use of the online procurement
798 system, authorized in ss. 287.042(1)(h)1. and 287.057(22)(c),
799 Florida Statutes, is seven-tenths of 1 percent for the 2018-2019
800 fiscal year only. This section expires July 1, 2019.
801 Section 21. In order to implement appropriations authorized
802 in the 2018-2019 General Appropriations Act for data center
803 services, and notwithstanding s. 216.292(2)(a), Florida
804 Statutes, an agency may not transfer funds from a data
805 processing category to a category other than another data
806 processing category. This section expires July 1, 2019.
807 Section 22. In order to implement the appropriation of
808 funds in the appropriation category “Data Processing Assessment
809 Agency for State Technology” in the 2018-2019 General
810 Appropriations Act, and pursuant to the notice, review, and
811 objection procedures of s. 216.177, Florida Statutes, the
812 Executive Office of the Governor may transfer funds appropriated
813 in that category between departments in order to align the
814 budget authority granted based on the estimated billing cycle
815 and methodology used by the Agency for State Technology for data
816 processing services provided. This section expires July 1, 2019.
817 Section 23. In order to implement the appropriation of
818 funds in the appropriation category “Special Categories-Risk
819 Management Insurance” in the 2018-2019 General Appropriations
820 Act, and pursuant to the notice, review, and objection
821 procedures of s. 216.177, Florida Statutes, the Executive Office
822 of the Governor may transfer funds appropriated in that category
823 between departments in order to align the budget authority
824 granted with the premiums paid by each department for risk
825 management insurance. This section expires July 1, 2019.
826 Section 24. In order to implement the appropriation of
827 funds in the appropriation category “Special Categories-Transfer
828 to Department of Management Services-Human Resources Services
829 Purchased per Statewide Contract” in the 2018-2019 General
830 Appropriations Act, and pursuant to the notice, review, and
831 objection procedures of s. 216.177, Florida Statutes, the
832 Executive Office of the Governor may transfer funds appropriated
833 in that category between departments in order to align the
834 budget authority granted with the assessments that must be paid
835 by each agency to the Department of Management Services for
836 human resource management services. This section expires July 1,
837 2019.
838 Section 25. In order to implement Specific Appropriation
839 2333 of the 2018-2019 General Appropriations Act:
840 (1) The Department of Financial Services shall replace the
841 four main components of the Florida Accounting Information
842 Resource Subsystem (FLAIR), which include central FLAIR,
843 departmental FLAIR, payroll, and information warehouse, and
844 shall replace the cash management and accounting management
845 components of the Cash Management Subsystem (CMS) with an
846 integrated enterprise system that allows the state to organize,
847 define, and standardize its financial management business
848 processes and that complies with ss. 215.90-215.96, Florida
849 Statutes. The department may not include in the replacement of
850 FLAIR and CMS:
851 (a) Functionality that duplicates any of the other
852 information subsystems of the Florida Financial Management
853 Information System; or
854 (b) Agency business processes related to any of the
855 functions included in the Personnel Information System, the
856 Purchasing Subsystem, or the Legislative Appropriations
857 System/Planning and Budgeting Subsystem.
858 (2) For purposes of replacing FLAIR and CMS, the Department
859 of Financial Services shall:
860 (a) Take into consideration the cost and implementation
861 data identified for Option 3 as recommended in the March 31,
862 2014, Florida Department of Financial Services FLAIR Study,
863 version 031.
864 (b) Ensure that all business requirements and technical
865 specifications have been provided to all state agencies for
866 their review and input and approved by the executive steering
867 committee established in paragraph (c).
868 (c) Implement a project governance structure that includes
869 an executive steering committee composed of:
870 1. The Chief Financial Officer or the executive sponsor of
871 the project.
872 2. A representative of the Division of Treasury of the
873 Department of Financial Services, appointed by the Chief
874 Financial Officer.
875 3. A representative of the Division of Information Systems
876 of the Department of Financial Services, appointed by the Chief
877 Financial Officer.
878 4. Four employees from the Division of Accounting and
879 Auditing of the Department of Financial Services, appointed by
880 the Chief Financial Officer. Each employee must have experience
881 relating to at least one of the four main components that
882 comprise FLAIR.
883 5. Two employees from the Executive Office of the Governor,
884 appointed by the Governor. One employee must have experience
885 relating to the Legislative Appropriations System/Planning and
886 Budgeting Subsystem.
887 6. One employee from the Department of Revenue, appointed
888 by the executive director, who has experience relating to the
889 department’s SUNTAX system.
890 7. Two employees from the Department of Management
891 Services, appointed by the Secretary of Management Services. One
892 employee must have experience relating to the department’s
893 personnel information subsystem, and one employee must have
894 experience relating to the department’s purchasing subsystem.
895 8. Three state agency administrative services directors,
896 appointed by the Governor. One director must represent a
897 regulatory and licensing state agency, and one director must
898 represent a health care-related state agency.
899 (3) The Chief Financial Officer or the executive sponsor of
900 the project shall serve as chair of the executive steering
901 committee, and the committee shall take action by a vote of at
902 least eight affirmative votes with the Chief Financial Officer
903 or the executive sponsor of the project voting on the prevailing
904 side. A quorum of the executive steering committee consists of
905 at least 10 members.
906 (4) The executive steering committee has the overall
907 responsibility for ensuring that the project to replace FLAIR
908 and CMS meets its primary business objectives and shall:
909 (a) Identify and recommend to the Executive Office of the
910 Governor, the President of the Senate, and the Speaker of the
911 House of Representatives any statutory changes needed to
912 implement the replacement subsystem that will standardize, to
913 the fullest extent possible, the state’s financial management
914 business processes.
915 (b) Review and approve any changes to the project’s scope,
916 schedule, and budget which do not conflict with the requirements
917 of subsection (1).
918 (c) Ensure that adequate resources are provided throughout
919 all phases of the project.
920 (d) Approve all major project deliverables.
921 (e) Approve all solicitation-related documents associated
922 with the replacement of FLAIR and CMS.
923 (5) This section expires July 1, 2019.
924 Section 26. In order to implement Specific Appropriation
925 2908 of the 2018-2019 General Appropriations Act, paragraph (b)
926 of subsection (11) of section 282.0051, Florida Statutes, is
927 amended to read:
928 282.0051 Agency for State Technology; powers, duties, and
929 functions.—The Agency for State Technology shall have the
930 following powers, duties, and functions:
931 (11) Provide operational management and oversight of the
932 state data center established pursuant to s. 282.201, which
933 includes:
934 (b) Procuring budget support and customer billing services
935 from the department to develop and implement Developing and
936 implementing cost-recovery mechanisms that recover the full
937 direct and indirect cost of services through charges to
938 applicable customer entities. Such cost-recovery mechanisms must
939 comply with applicable state and federal regulations concerning
940 distribution and use of funds and must ensure that, for any
941 fiscal year, no service or customer entity subsidizes another
942 service or customer entity.
943 Section 27. The amendment made by this act to s.
944 282.0051(11)(b), Florida Statutes, expires July 1, 2019, and the
945 text of that paragraph shall revert to that in existence on June
946 30, 2018, except that any amendments to such text enacted other
947 than by this act shall be preserved and continue to operate to
948 the extent that such amendments are not dependent upon the
949 portions of text which expire pursuant to this section.
950 Section 28. In order to implement Specific Appropriations
951 1591, 1592, and 1593 of the 2018-2019 General Appropriations
952 Act, paragraph (d) of subsection (11) of section 216.181,
953 Florida Statutes, is amended to read:
954 216.181 Approved budgets for operations and fixed capital
955 outlay.—
956 (11)
957 (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
958 for the 2018-2019 2017-2018 fiscal year only, the Legislative
959 Budget Commission may increase the amounts appropriated to the
960 Fish and Wildlife Conservation Commission or the Department of
961 Environmental Protection for fixed capital outlay projects,
962 including additional fixed capital outlay projects, using funds
963 provided to the state from the Gulf Environmental Benefit Fund
964 administered by the National Fish and Wildlife Foundation; funds
965 provided to the state from the Gulf Coast Restoration Trust Fund
966 related to the Resources and Ecosystems Sustainability, Tourist
967 Opportunities, and Revived Economies of the Gulf Coast Act of
968 2012 (RESTORE Act); or funds provided by the British Petroleum
969 Corporation (BP) for natural resource damage assessment
970 restoration projects. Concurrent with submission of an amendment
971 to the Legislative Budget Commission pursuant to this paragraph,
972 any project that carries a continuing commitment for future
973 appropriations by the Legislature must be specifically
974 identified, together with the projected amount of the future
975 commitment associated with the project and the fiscal years in
976 which the commitment is expected to commence. This paragraph
977 expires July 1, 2019 2018.
978
979 The provisions of this subsection are subject to the notice and
980 objection procedures set forth in s. 216.177.
981 Section 29. In order to implement specific appropriations
982 from the land acquisition trust funds within the Department of
983 Agriculture and Consumer Services, the Department of
984 Environmental Protection, the Department of State, and the Fish
985 and Wildlife Conservation Commission, which are contained in the
986 2018-2019 General Appropriations Act, subsection (3) of section
987 215.18, Florida Statutes, is amended to read:
988 215.18 Transfers between funds; limitation.—
989 (3) Notwithstanding subsection (1) and only with respect to
990 a land acquisition trust fund in the Department of Agriculture
991 and Consumer Services, the Department of Environmental
992 Protection, the Department of State, or the Fish and Wildlife
993 Conservation Commission, whenever there is a deficiency in a
994 land acquisition trust fund which would render that trust fund
995 temporarily insufficient to meet its just requirements,
996 including the timely payment of appropriations from that trust
997 fund, and other trust funds in the State Treasury have moneys
998 that are for the time being or otherwise in excess of the
999 amounts necessary to meet the just requirements, including
1000 appropriated obligations, of those other trust funds, the
1001 Governor may order a temporary transfer of moneys from one or
1002 more of the other trust funds to a land acquisition trust fund
1003 in the Department of Agriculture and Consumer Services, the
1004 Department of Environmental Protection, the Department of State,
1005 or the Fish and Wildlife Conservation Commission. Any action
1006 proposed pursuant to this subsection is subject to the notice,
1007 review, and objection procedures of s. 216.177, and the Governor
1008 shall provide notice of such action at least 7 days before the
1009 effective date of the transfer of trust funds, except that
1010 during July 2018 2017, notice of such action shall be provided
1011 at least 3 days before the effective date of a transfer unless
1012 such 3-day notice is waived by the chair and vice-chair of the
1013 Legislative Budget Commission. Any transfer of trust funds to a
1014 land acquisition trust fund in the Department of Agriculture and
1015 Consumer Services, the Department of Environmental Protection,
1016 the Department of State, or the Fish and Wildlife Conservation
1017 Commission must be repaid to the trust funds from which the
1018 moneys were loaned by the end of the 2018-2019 2017-2018 fiscal
1019 year. The Legislature has determined that the repayment of the
1020 other trust fund moneys temporarily loaned to a land acquisition
1021 trust fund in the Department of Agriculture and Consumer
1022 Services, the Department of Environmental Protection, the
1023 Department of State, or the Fish and Wildlife Conservation
1024 Commission pursuant to this subsection is an allowable use of
1025 the moneys in a land acquisition trust fund because the moneys
1026 from other trust funds temporarily loaned to a land acquisition
1027 trust fund shall be expended solely and exclusively in
1028 accordance with s. 28, Art. X of the State Constitution. This
1029 subsection expires July 1, 2019 2018.
1030 Section 30. In order to implement Section 63 of the 2018
1031 2019 General Appropriations Act, paragraph (b) of subsection (3)
1032 of section 375.041, Florida Statutes, is amended to read:
1033 375.041 Land Acquisition Trust Fund.—
1034 (3) Funds distributed into the Land Acquisition Trust Fund
1035 pursuant to s. 201.15 shall be applied:
1036 (b) Of the funds remaining after the payments required
1037 under paragraph (a), but before funds may be appropriated,
1038 pledged, or dedicated for other uses:
1039 1. A minimum of the lesser of 25 percent or $200 million
1040 shall be appropriated annually for Everglades projects that
1041 implement the Comprehensive Everglades Restoration Plan as set
1042 forth in s. 373.470, including the Central Everglades Planning
1043 Project subject to Congressional authorization; the Long-Term
1044 Plan as defined in s. 373.4592(2); and the Northern Everglades
1045 and Estuaries Protection Program as set forth in s. 373.4595.
1046 From these funds, $32 million shall be distributed each fiscal
1047 year through the 2023-2024 fiscal year to the South Florida
1048 Water Management District for the Long-Term Plan as defined in
1049 s. 373.4592(2). After deducting the $32 million distributed
1050 under this subparagraph, from the funds remaining, a minimum of
1051 the lesser of 76.5 percent or $100 million shall be appropriated
1052 each fiscal year through the 2025-2026 fiscal year for the
1053 planning, design, engineering, and construction of the
1054 Comprehensive Everglades Restoration Plan as set forth in s.
1055 373.470, including the Central Everglades Planning Project, the
1056 Everglades Agricultural Area Storage Reservoir Project, the Lake
1057 Okeechobee Watershed Project, the C-43 West Basin Storage
1058 Reservoir Project, the Indian River Lagoon-South Project, the
1059 Western Everglades Restoration Project, and the Picayune Strand
1060 Restoration Project. The Department of Environmental Protection
1061 and the South Florida Water Management District shall give
1062 preference to those Everglades restoration projects that reduce
1063 harmful discharges of water from Lake Okeechobee to the St.
1064 Lucie or Caloosahatchee estuaries in a timely manner. For the
1065 purpose of performing the calculation provided in this
1066 subparagraph, the amount of debt service paid pursuant to
1067 paragraph (a) for bonds issued after July 1, 2016, for the
1068 purposes set forth under paragraph (b) shall be added to the
1069 amount remaining after the payments required under paragraph
1070 (a). The amount of the distribution calculated shall then be
1071 reduced by an amount equal to the debt service paid pursuant to
1072 paragraph (a) on bonds issued after July 1, 2016, for the
1073 purposes set forth under this subparagraph.
1074 2. A minimum of the lesser of 7.6 percent or $50 million
1075 shall be appropriated annually for spring restoration,
1076 protection, and management projects. For the purpose of
1077 performing the calculation provided in this subparagraph, the
1078 amount of debt service paid pursuant to paragraph (a) for bonds
1079 issued after July 1, 2016, for the purposes set forth under
1080 paragraph (b) shall be added to the amount remaining after the
1081 payments required under paragraph (a). The amount of the
1082 distribution calculated shall then be reduced by an amount equal
1083 to the debt service paid pursuant to paragraph (a) on bonds
1084 issued after July 1, 2016, for the purposes set forth under this
1085 subparagraph.
1086 3. The sum of $5 million shall be appropriated annually
1087 each fiscal year through the 2025-2026 fiscal year to the St.
1088 Johns River Water Management District for projects dedicated to
1089 the restoration of Lake Apopka. This distribution shall be
1090 reduced by an amount equal to the debt service paid pursuant to
1091 paragraph (a) on bonds issued after July 1, 2016, for the
1092 purposes set forth in this subparagraph.
1093 4. The sum of $64 million is appropriated and shall be
1094 transferred to the Everglades Trust Fund for the 2018-2019
1095 fiscal year, and each fiscal year thereafter, for the EAA
1096 reservoir project pursuant to s. 373.4598. Any funds remaining
1097 in any fiscal year shall be made available only for Phase II of
1098 the C-51 reservoir project or projects identified in
1099 subparagraph 1. and must be used in accordance with laws
1100 relating to such projects. Any funds made available for such
1101 purposes in a fiscal year are in addition to the amount
1102 appropriated under subparagraph 1. This distribution shall be
1103 reduced by an amount equal to the debt service paid pursuant to
1104 paragraph (a) on bonds issued after July 1, 2017, for the
1105 purposes set forth in this subparagraph.
1106 5. Notwithstanding subparagraph 3., for the 2018-2019 2017
1107 2018 fiscal year, funds shall be appropriated as provided in the
1108 General Appropriations Act. This subparagraph expires July 1,
1109 2019 2018.
1110 Section 31. In order to implement Specific Appropriation
1111 1581 of the 2018-2019 General Appropriations Act, and
1112 notwithstanding the expiration date contained in section 39 of
1113 chapter 2017-71, Laws of Florida, paragraph (a) of subsection
1114 (6) of section 373.470, Florida Statutes, is reenacted to read:
1115 373.470 Everglades restoration.—
1116 (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.—
1117 (a) Except as provided in paragraphs (d) and (e) and for
1118 funds appropriated for debt service, the department shall
1119 distribute funds in the Save Our Everglades Trust Fund to the
1120 district in accordance with a legislative appropriation and s.
1121 373.026(8)(b). Distribution of funds to the district from the
1122 Save Our Everglades Trust Fund or the Land Acquisition Trust
1123 Fund shall be equally matched by the cumulative contributions
1124 from the district by fiscal year 2019-2020 by providing funding
1125 or credits toward project components. The dollar value of in
1126 kind project design and construction work by the district in
1127 furtherance of the comprehensive plan and existing interest in
1128 public lands needed for a project component are credits towards
1129 the district’s contributions.
1130 Section 32. The amendment to s. 373.470(6)(a), Florida
1131 Statutes, as carried forward by this act from chapter 2017-71,
1132 Laws of Florida, expires July 1, 2019, and the text of that
1133 paragraph shall revert to that in existence on June 30, 2017,
1134 except that any amendments to such text enacted other than by
1135 this act shall be preserved and continue to operate to the
1136 extent that such amendments are not dependent upon the portions
1137 of text which expire pursuant to this section.
1138 Section 33. In order to implement Specific Appropriation
1139 1719 of the 2018-2019 General Appropriations Act, paragraph (e)
1140 of subsection (11) of section 216.181, Florida Statutes, is
1141 amended to read:
1142 216.181 Approved budgets for operations and fixed capital
1143 outlay.—
1144 (11)
1145 (e) Notwithstanding paragraph (b) and paragraph (2)(b), and
1146 for the 2018-2019 2017-2018 fiscal year only, the Legislative
1147 Budget Commission may increase the amounts appropriated to the
1148 Department of Environmental Protection for fixed capital outlay
1149 projects using funds provided to the state from the
1150 environmental mitigation trust administered by a trustee
1151 designated by the United States District Court for the Northern
1152 District of California for eligible mitigation actions and
1153 mitigation action expenditures described in the partial consent
1154 decree entered into between the United States of America and
1155 Volkswagen relating to violations of the Clean Air Act.
1156 Concurrent with submission of an amendment to the Legislative
1157 Budget Commission pursuant to this paragraph, any project that
1158 carries a continuing commitment for future appropriations by the
1159 Legislature must be specifically identified, together with the
1160 projected amount of the future commitment associated with the
1161 project and the fiscal years in which the commitment is expected
1162 to commence. This paragraph expires July 1, 2019 2018.
1163
1164 The provisions of this subsection are subject to the notice and
1165 objection procedures set forth in s. 216.177.
1166 Section 34. (1) In order to implement specific
1167 appropriations from the land acquisition trust funds within the
1168 Department of Agriculture and Consumer Services, the Department
1169 of Environmental Protection, the Department of State, and the
1170 Fish and Wildlife Conservation Commission, which are contained
1171 in the 2018-2019 General Appropriations Act, the Department of
1172 Environmental Protection shall transfer revenues from the Land
1173 Acquisition Trust Fund within the department to the land
1174 acquisition trust funds within the Department of Agriculture and
1175 Consumer Services, the Department of State, and the Fish and
1176 Wildlife Conservation Commission, as provided in this section.
1177 As used in this section, the term “department” means the
1178 Department of Environmental Protection.
1179 (2) After subtracting any required debt service payments,
1180 the proportionate share of revenues to be transferred to each
1181 land acquisition trust fund shall be calculated by dividing the
1182 appropriations from each of the land acquisition trust funds for
1183 the fiscal year by the total appropriations from the Land
1184 Acquisition Trust Fund within the department and the land
1185 acquisition trust funds within the Department of Agriculture and
1186 Consumer Services, the Department of State, and the Fish and
1187 Wildlife Conservation Commission for the fiscal year. The
1188 department shall transfer the proportionate share of the
1189 revenues in the Land Acquisition Trust Fund within the
1190 department on a monthly basis to the appropriate land
1191 acquisition trust funds within the Department of Agriculture and
1192 Consumer Services, the Department of State, and the Fish and
1193 Wildlife Conservation Commission and shall retain its
1194 proportionate share of the revenues in the Land Acquisition
1195 Trust Fund within the department. Total distributions to a land
1196 acquisition trust fund within the Department of Agriculture and
1197 Consumer Services, the Department of State, and the Fish and
1198 Wildlife Conservation Commission may not exceed the total
1199 appropriations from such trust fund for the fiscal year.
1200 (3) In addition, the department shall transfer from the
1201 Land Acquisition Trust Fund to land acquisition trust funds
1202 within the Department of Agriculture and Consumer Services, the
1203 Department of State, and the Fish and Wildlife Conservation
1204 Commission amounts equal to the difference between the amounts
1205 appropriated in chapter 2016-66, Laws of Florida, to the
1206 department’s Land Acquisition Trust Fund and the other land
1207 acquisition trust funds, and the amounts actually transferred
1208 between those trust funds during the 2016-2017 fiscal year.
1209 (4) The department may advance funds from the beginning
1210 unobligated fund balance in the Land Acquisition Trust Fund to
1211 the Land Acquisition Trust Fund within the Fish and Wildlife
1212 Conservation Commission needed for cash flow purposes based on a
1213 detailed expenditure plan. The department shall prorate amounts
1214 transferred quarterly to the Fish and Wildlife Conservation
1215 Commission to recoup the amount of funds advanced by June 30,
1216 2019.
1217 (5) This section expires July 1, 2019.
1218 Section 35. In order to implement Specific Appropriations
1219 1393A, 1393B, 1549, 1549A, 1549B, 1550A, 1681A, 1681B, 1686A,
1220 and 1802A of the 2018-2019 General Appropriations Act, the
1221 Department of Environmental Protection shall distribute any
1222 moneys transferred from the Land Acquisition Trust Fund into the
1223 Florida Forever Trust Fund using the distribution formula
1224 specified in s. 259.105(3), Florida Statutes. This section
1225 expires July 1, 2019.
1226 Section 36. In order to implement Specific Appropriation
1227 1686A of the 2018-2019 General Appropriations Act, subsection
1228 (5) is added to section 375.075, Florida Statutes, to read:
1229 375.075 Outdoor recreation; financial assistance to local
1230 governments.—
1231 (5)(a) For the 2018-2019 fiscal year:
1232 1. Notwithstanding any other provision of this section, $4
1233 million of funds for projects must be used exclusively for
1234 projects that provide recreational enhancements and
1235 opportunities for children. The department shall conduct a
1236 separate grant application process exclusively for such
1237 projects. The department shall establish the schedule for the
1238 grant application process for projects that provide publicly
1239 available recreational enhancements and opportunities for
1240 children and shall award the grants for such projects by
1241 December 31, 2018, and each year thereafter.
1242 2. Notwithstanding subsection (3), a local government may
1243 submit up to three grant applications for projects if at least
1244 one of those projects provides recreational enhancements and
1245 opportunities for children. The maximum project grant for each
1246 project application that provides recreational enhancements and
1247 opportunities for children may not exceed $250,000 in state
1248 funds, which the local government must match on a dollar-for
1249 dollar basis.
1250 (b) The selection criteria used by the department for grant
1251 applications submitted pursuant to this subsection must give
1252 priority to projects geared toward children under the age of 12,
1253 but which also provide educational opportunities and have
1254 established safety standards. The department shall give the
1255 highest priority to those project applications that further
1256 demonstrate they will serve the needs of children with unique
1257 abilities and will be accessible and usable to those with
1258 physical and developmental disabilities. All projects must be
1259 required to have playground equipment and lighting that is
1260 adequate for evening use.
1261 (c) The playground equipment should be designed in a manner
1262 to serve children under the age of 12 with unique abilities,
1263 including those with physical and developmental disabilities.
1264 The criteria must also establish a minimum lot size for such
1265 project.
1266 (d) This subsection expires July 1, 2019.
1267 Section 37. In order to implement Specific Appropriation
1268 582 of the 2018-2019 General Appropriations Act, section 295.23,
1269 Florida Statutes, is amended to read:
1270 295.23 Veterans research and marketing campaign.—
1271 (1) Florida Is For Veterans, Inc., may request the Florida
1272 Tourism Industry Marketing Corporation for assistance in the
1273 following research and marketing activities shall:
1274 (a) Provide input to Florida Is For Veterans, Inc., on
1275 Research to identify the target market and the educational and
1276 employment needs of those in the target market.
1277 (b) Development and administration of Develop and conduct a
1278 marketing campaign to encourage retired and recently separated
1279 military personnel to remain in the state or to make the state
1280 their permanent residence.
1281 (c) Development of Develop a process for the dissemination
1282 of information to the target market and targeting that
1283 information to the interests and needs of veterans of all ages
1284 to facilitate veterans’ knowledge of and access to benefits.
1285 (2) The Florida Tourism Industry Marketing Corporation
1286 shall seek advice from Florida Is For Veterans, Inc., on the
1287 scope, process, and focus of the marketing campaign. Input must
1288 be received before invitations to bid, requests for proposals,
1289 or invitations to negotiate for contracted services are
1290 advertised. Florida Is For Veterans, Inc., shall be kept
1291 informed at each stage of the marketing campaign and may provide
1292 recommendations to the Florida Tourism Industry Marketing
1293 Corporation to ensure that the effort effectively reaches
1294 veterans.
1295 (2)(3) For the purposes of this section, Florida Is For
1296 Veterans, Inc., the Florida Tourism Industry Marketing
1297 Corporation shall expend the amount appropriated in the General
1298 Appropriations Act $1 million annually on marketing the state to
1299 veterans as a permanent home and on information dissemination to
1300 improve veterans’ knowledge of and access to benefits through a
1301 combination of existing funds appropriated to the Florida
1302 Tourism Industry Marketing Corporation by the Legislature and
1303 private funds.
1304 Section 38. In order to implement Specific Appropriation
1305 582 of the 2018-2019 General Appropriations Act, paragraphs (a)
1306 and (b) of subsection (3) of section 295.21, Florida Statutes,
1307 are amended to read:
1308 295.21 Florida Is For Veterans, Inc.—
1309 (3) DUTIES.—The corporation shall:
1310 (a) Conduct research to identify the target market and the
1311 educational and employment needs of those in the target market.
1312 The corporation shall contract with at least one entity pursuant
1313 to the competitive bidding requirements in s. 287.057 and the
1314 provisions of s. 295.187 to perform the research. Such entity
1315 must have experience conducting market research on the veteran
1316 demographic. The corporation may shall seek input from the
1317 Florida Tourism Industry Marketing Corporation on the scope,
1318 process, and focus of such research.
1319 (b) Develop and implement a marketing campaign for Advise
1320 the Florida Tourism Industry Marketing Corporation, pursuant to
1321 s. 295.23, on:
1322 1. the target market as identified in paragraph (a). The
1323 2. Development and implementation of a marketing campaign
1324 must to encourage members of the target market to remain in the
1325 state or to make the state their permanent residence. The
1326 corporation must establish
1327 3. methods for disseminating information to the target
1328 market that relates to the interests and needs of veterans of
1329 all ages and facilitates veterans’ knowledge of and access to
1330 benefits. The corporation may request assistance from the
1331 Florida Tourism Industry Marketing Corporation pursuant to s.
1332 295.23.
1333 Section 39. The amendments made by this act to ss. 295.21
1334 and 295.23, Florida Statutes, expire July 1, 2019, and the text
1335 of those sections shall revert to that in existence on June 30,
1336 2018, except that any amendments to such text enacted other than
1337 by this act shall be preserved and continue to operate to the
1338 extent that such amendments are not dependent upon the portions
1339 of text which expire pursuant to this section.
1340 Section 40. In order to implement Specific Appropriation
1341 1855 of the 2018-2019 General Appropriations Act, subsection
1342 (30) of section 427.013, Florida Statutes, is amended to read:
1343 427.013 The Commission for the Transportation
1344 Disadvantaged; purpose and responsibilities.—The purpose of the
1345 commission is to accomplish the coordination of transportation
1346 services provided to the transportation disadvantaged. The goal
1347 of this coordination is to assure the cost-effective provision
1348 of transportation by qualified community transportation
1349 coordinators or transportation operators for the transportation
1350 disadvantaged without any bias or presumption in favor of
1351 multioperator systems or not-for-profit transportation operators
1352 over single operator systems or for-profit transportation
1353 operators. In carrying out this purpose, the commission shall:
1354 (30) For the 2018-2019 2017-2018 fiscal year and
1355 notwithstanding any other provision of this section:
1356 (a) Allocate, from funds provided in the General
1357 Appropriations Act, to community transportation coordinators who
1358 operate in counties that are not direct recipients of do not
1359 receive Urbanized Area Formula funds pursuant to 49 U.S.C. s.
1360 5307 to provide transportation services for persons with
1361 disabilities, older adults, and low-income persons so they may
1362 access health care, employment, education, and other life
1363 sustaining activities. Funds allocated for this purpose shall be
1364 distributed among community transportation coordinators based
1365 upon the Transportation Disadvantaged Trip and Equipment
1366 allocation methodology established by the commission.
1367 (b) Award, from funds provided in the General
1368 Appropriations Act, competitive grants to community
1369 transportation coordinators to support transportation projects
1370 to:
1371 1. Enhance access to health care, shopping, education,
1372 employment, public services, and recreation;
1373 2. Assist in the development, improvement, and use of
1374 transportation systems in nonurbanized areas;
1375 3. Promote the efficient coordination of services;
1376 4. Support inner-city bus transportation; and
1377 5. Encourage private transportation providers to
1378 participate.
1379 (c) This subsection expires July 1, 2019 2018.
1380 Section 41. In order to implement Specific Appropriation
1381 2296 of the 2018-2019 General Appropriations Act, subsections
1382 (3) and (5) of section 321.04, Florida Statutes, are amended to
1383 read:
1384 321.04 Personnel of the highway patrol; rank
1385 classifications; probationary status of new patrol officers;
1386 subsistence; special assignments.—
1387 (3)(a) The Department of Highway Safety and Motor Vehicles
1388 shall assign one patrol officer to the office of the Governor;
1389 said patrol officer so assigned shall be selected by the
1390 Governor and shall have rank and pay not less than that of a
1391 lieutenant of the Florida Highway Patrol, and said patrol
1392 officer so assigned shall be paid by said department from the
1393 appropriation made to said department; said patrol officer shall
1394 have and receive all other benefits provided for in this chapter
1395 or any other statute now in existence or hereinafter enacted.
1396 (b) For the 2018-2019 2017-2018 fiscal year only, the
1397 patrol officer shall be assigned to the Lieutenant Governor.
1398 This paragraph expires July 1, 2019 2018.
1399 (5) For the 2018-2019 2017-2018 fiscal year only, the
1400 assignment of a patrol officer by the department shall include a
1401 Cabinet member specified in s. 4, Art. IV of the State
1402 Constitution if deemed appropriate by the department or in
1403 response to a threat and upon written request of such Cabinet
1404 member. This subsection expires July 1, 2019 2018.
1405 Section 42. In order to implement Specific Appropriations
1406 1856 through 1869, 1875 through 1878, 1891 through 1910, and
1407 1948 through 1959 of the 2018-2019 General Appropriations Act,
1408 paragraphs (d), (e), and (f) of subsection (5) of section
1409 339.135, Florida Statutes, are amended to read:
1410 339.135 Work program; legislative budget request;
1411 definitions; preparation, adoption, execution, and amendment.—
1412 (5) ADOPTION OF THE WORK PROGRAM.—
1413 (d) It is the intent of the Legislature that the department
1414 maintain fiscal solvency and make prudent use of all available
1415 fiscal resources to minimize any project, or a phase thereof,
1416 from being deferred within the work program. It is further the
1417 intent of the Legislature that the department, to the maximum
1418 extent feasible, reduce financial projects not programmed for
1419 contract letting as identified with a work program contract
1420 class code 8 and the box code RV to add projects to the 2018
1421 2019 2017-2018 work program which are identified by a specific
1422 appropriation in the 2018-2019 2017-2018 General Appropriations
1423 Act. This paragraph expires July 1, 2019 2018.
1424 (e) For the 2018-2019 2017-2018 fiscal year only, the
1425 department is authorized to realign budget authority among
1426 appropriation categories to support the implementation of the
1427 2018-2019 2017-2018 General Appropriations Act. The notice,
1428 review, and objection procedures under s. 216.177 apply only
1429 when projects, or a phase thereof, are not deferred or deleted
1430 from the work program. The request to realign budget authority
1431 among work program categories must be supported by documented
1432 production and financial goals within the parameters of finance,
1433 available cash, and total authorized budget. This paragraph
1434 expires July 1, 2019 2018.
1435 (f) For the 2018-2019 2017-2018 fiscal year only, if the
1436 department submits a work program amendment to realign work
1437 program categories to the 2018-2019 2017-2018 General
1438 Appropriations Act that defers or deletes any project, or a
1439 phase thereof, the work program amendment is subject to approval
1440 by the Legislative Budget Commission. The department shall
1441 provide to the Legislative Budget Commission the documents
1442 specified in subparagraphs 1.-8. when submitting the
1443 department’s work program amendment to request approval to
1444 realign the work program appropriation categories to the 2018
1445 2019 2017-2018 General Appropriations Act. In addition, any work
1446 program amendment submitted to the Legislative Budget Commission
1447 which results in a reduced project commitment level for the
1448 2018-2019 2017-2018 fiscal year must include the following
1449 documents:
1450 1. A proposed finance plan, as balanced to the requested
1451 work program amendment to realign the work program categories to
1452 the 2018-2019 2017-2018 General Appropriations Act, or any other
1453 amendments that reduce work program commitments;
1454 2. A proposed cash forecast, as balanced to the requested
1455 work program amendment to realign the work program categories to
1456 the 2018-2019 2017-2018 General Appropriations Act, or any other
1457 amendments that reduce work program commitments;
1458 3. An adopted finance plan, as of July 1, 2018 2017;
1459 4. An adopted cash forecast, as of July 1, 2018 2017;
1460 5. A complete list of projects, or phases thereof, deferred
1461 or deleted from the impact of the projects identified by a
1462 specific appropriation in the 2018-2019 2017-2018 General
1463 Appropriations Act for the 2018-2019 2017-2018 through 2022-2023
1464 2021-2022 work program;
1465 6. The department’s methodology for identifying projects,
1466 or phases thereof, for deferral or deletion for the 2018-2019
1467 2017-2018 through 2022-2023 2021-2022 work program;
1468 7. A letter of concurrence or nonconcurrence from the
1469 affected metropolitan planning organization or, for
1470 nonmetropolitan areas, the board of county commissioners with
1471 impacted project selections; and
1472 8. A complete list of financial projects not programmed for
1473 contract letting as identified with a work program contract
1474 class code 8 and the box code RV included in fiscal years 2018
1475 2019 2017-2018 through 2022-2023 2021-2022, as of July 1, 2018
1476 2017.
1477
1478 This paragraph expires July 1, 2019 2018.
1479 Section 43. In order to implement the salaries and
1480 benefits, expenses, other personal services, contracted
1481 services, special categories, and operating capital outlay
1482 categories of the 2018-2019 General Appropriations Act,
1483 paragraph (a) of subsection (2) of section 216.292, Florida
1484 Statutes, is amended to read:
1485 216.292 Appropriations nontransferable; exceptions.—
1486 (2) The following transfers are authorized to be made by
1487 the head of each department or the Chief Justice of the Supreme
1488 Court whenever it is deemed necessary by reason of changed
1489 conditions:
1490 (a) The transfer of appropriations funded from identical
1491 funding sources, except appropriations for fixed capital outlay,
1492 and the transfer of amounts included within the total original
1493 approved budget and plans of releases of appropriations as
1494 furnished pursuant to ss. 216.181 and 216.192, as follows:
1495 1. Between categories of appropriations within a budget
1496 entity, if no category of appropriation is increased or
1497 decreased by more than 5 percent of the original approved budget
1498 or $250,000, whichever is greater, by all action taken under
1499 this subsection.
1500 2. Between budget entities within identical categories of
1501 appropriations, if no category of appropriation is increased or
1502 decreased by more than 5 percent of the original approved budget
1503 or $250,000, whichever is greater, by all action taken under
1504 this subsection.
1505 3. Any agency exceeding salary rate established pursuant to
1506 s. 216.181(8) on June 30th of any fiscal year shall not be
1507 authorized to make transfers pursuant to subparagraphs 1. and 2.
1508 in the subsequent fiscal year.
1509 4. Notice of proposed transfers under subparagraphs 1. and
1510 2. shall be provided to the Executive Office of the Governor and
1511 the chairs of the legislative appropriations committees at least
1512 3 days prior to agency implementation in order to provide an
1513 opportunity for review. The review shall be limited to ensuring
1514 that the transfer is in compliance with the requirements of this
1515 paragraph.
1516 5. For the 2018-2019 2017-2018 fiscal year, the review
1517 shall ensure that transfers proposed pursuant to this paragraph
1518 comply with this chapter and are not contrary to legislative
1519 policy and intent. This subparagraph expires July 1, 2019 2018.
1520 Section 44. In order to implement the salaries and
1521 benefits, expenses, other personal services, contracted
1522 services, special categories, and operating capital outlay
1523 categories of the 2018-2019 General Appropriations Act,
1524 subsection (6) of section 112.24, Florida Statutes, is amended
1525 to read:
1526 112.24 Intergovernmental interchange of public employees.
1527 To encourage economical and effective utilization of public
1528 employees in this state, the temporary assignment of employees
1529 among agencies of government, both state and local, and
1530 including school districts and public institutions of higher
1531 education is authorized under terms and conditions set forth in
1532 this section. State agencies, municipalities, and political
1533 subdivisions are authorized to enter into employee interchange
1534 agreements with other state agencies, the Federal Government,
1535 another state, a municipality, or a political subdivision
1536 including a school district, or with a public institution of
1537 higher education. State agencies are also authorized to enter
1538 into employee interchange agreements with private institutions
1539 of higher education and other nonprofit organizations under the
1540 terms and conditions provided in this section. In addition, the
1541 Governor or the Governor and Cabinet may enter into employee
1542 interchange agreements with a state agency, the Federal
1543 Government, another state, a municipality, or a political
1544 subdivision including a school district, or with a public
1545 institution of higher learning to fill, subject to the
1546 requirements of chapter 20, appointive offices which are within
1547 the executive branch of government and which are filled by
1548 appointment by the Governor or the Governor and Cabinet. Under
1549 no circumstances shall employee interchange agreements be
1550 utilized for the purpose of assigning individuals to participate
1551 in political campaigns. Duties and responsibilities of
1552 interchange employees shall be limited to the mission and goals
1553 of the agencies of government.
1554 (6) For the 2018-2019 2017-2018 fiscal year only, the
1555 assignment of an employee of a state agency as provided in this
1556 section may be made if recommended by the Governor or Chief
1557 Justice, as appropriate, and approved by the chairs of the
1558 legislative appropriations committees. Such actions shall be
1559 deemed approved if neither chair provides written notice of
1560 objection within 14 days after receiving notice of the action
1561 pursuant to s. 216.177. This subsection expires July 1, 2019
1562 2018.
1563 Section 45. In order to implement Specific Appropriations
1564 2670 and 2671 of the 2018-2019 General Appropriations Act, and
1565 notwithstanding s. 11.13(1), Florida Statutes, the authorized
1566 salaries for members of the Legislature for the 2018-2019 fiscal
1567 year shall be set at the same level in effect on July 1, 2010.
1568 This section expires July 1, 2019.
1569 Section 46. In order to implement the transfer of funds to
1570 the General Revenue Fund from trust funds for the 2018-2019
1571 General Appropriations Act, paragraph (b) of subsection (2) of
1572 section 215.32, Florida Statutes, is reenacted to read:
1573 215.32 State funds; segregation.—
1574 (2) The source and use of each of these funds shall be as
1575 follows:
1576 (b)1. The trust funds shall consist of moneys received by
1577 the state which under law or under trust agreement are
1578 segregated for a purpose authorized by law. The state agency or
1579 branch of state government receiving or collecting such moneys
1580 is responsible for their proper expenditure as provided by law.
1581 Upon the request of the state agency or branch of state
1582 government responsible for the administration of the trust fund,
1583 the Chief Financial Officer may establish accounts within the
1584 trust fund at a level considered necessary for proper
1585 accountability. Once an account is established, the Chief
1586 Financial Officer may authorize payment from that account only
1587 upon determining that there is sufficient cash and releases at
1588 the level of the account.
1589 2. In addition to other trust funds created by law, to the
1590 extent possible, each agency shall use the following trust funds
1591 as described in this subparagraph for day-to-day operations:
1592 a. Operations or operating trust fund, for use as a
1593 depository for funds to be used for program operations funded by
1594 program revenues, with the exception of administrative
1595 activities when the operations or operating trust fund is a
1596 proprietary fund.
1597 b. Operations and maintenance trust fund, for use as a
1598 depository for client services funded by third-party payors.
1599 c. Administrative trust fund, for use as a depository for
1600 funds to be used for management activities that are departmental
1601 in nature and funded by indirect cost earnings and assessments
1602 against trust funds. Proprietary funds are excluded from the
1603 requirement of using an administrative trust fund.
1604 d. Grants and donations trust fund, for use as a depository
1605 for funds to be used for allowable grant or donor agreement
1606 activities funded by restricted contractual revenue from private
1607 and public nonfederal sources.
1608 e. Agency working capital trust fund, for use as a
1609 depository for funds to be used pursuant to s. 216.272.
1610 f. Clearing funds trust fund, for use as a depository for
1611 funds to account for collections pending distribution to lawful
1612 recipients.
1613 g. Federal grant trust fund, for use as a depository for
1614 funds to be used for allowable grant activities funded by
1615 restricted program revenues from federal sources.
1616
1617 To the extent possible, each agency must adjust its internal
1618 accounting to use existing trust funds consistent with the
1619 requirements of this subparagraph. If an agency does not have
1620 trust funds listed in this subparagraph and cannot make such
1621 adjustment, the agency must recommend the creation of the
1622 necessary trust funds to the Legislature no later than the next
1623 scheduled review of the agency’s trust funds pursuant to s.
1624 215.3206.
1625 3. All such moneys are hereby appropriated to be expended
1626 in accordance with the law or trust agreement under which they
1627 were received, subject always to the provisions of chapter 216
1628 relating to the appropriation of funds and to the applicable
1629 laws relating to the deposit or expenditure of moneys in the
1630 State Treasury.
1631 4.a. Notwithstanding any provision of law restricting the
1632 use of trust funds to specific purposes, unappropriated cash
1633 balances from selected trust funds may be authorized by the
1634 Legislature for transfer to the Budget Stabilization Fund and
1635 General Revenue Fund in the General Appropriations Act.
1636 b. This subparagraph does not apply to trust funds required
1637 by federal programs or mandates; trust funds established for
1638 bond covenants, indentures, or resolutions whose revenues are
1639 legally pledged by the state or public body to meet debt service
1640 or other financial requirements of any debt obligations of the
1641 state or any public body; the Division of Licensing Trust Fund
1642 in the Department of Agriculture and Consumer Services; the
1643 State Transportation Trust Fund; the trust fund containing the
1644 net annual proceeds from the Florida Education Lotteries; the
1645 Florida Retirement System Trust Fund; trust funds under the
1646 management of the State Board of Education or the Board of
1647 Governors of the State University System, where such trust funds
1648 are for auxiliary enterprises, self-insurance, and contracts,
1649 grants, and donations, as those terms are defined by general
1650 law; trust funds that serve as clearing funds or accounts for
1651 the Chief Financial Officer or state agencies; trust funds that
1652 account for assets held by the state in a trustee capacity as an
1653 agent or fiduciary for individuals, private organizations, or
1654 other governmental units; and other trust funds authorized by
1655 the State Constitution.
1656 Section 47. The amendment to s. 215.32(2)(b), Florida
1657 Statutes, as carried forward by this act from chapter 2011-47,
1658 Laws of Florida, expires July 1, 2019, and the text of that
1659 paragraph shall revert to that in existence on June 30, 2011,
1660 except that any amendments to such text enacted other than by
1661 this act and chapter 2011-47, Laws of Florida, shall be
1662 preserved and continue to operate to the extent that such
1663 amendments are not dependent upon the portions of text which
1664 expire pursuant to this section.
1665 Section 48. In order to implement the appropriation of
1666 funds in the special categories, contracted services, and
1667 expenses categories of the 2018-2019 General Appropriations Act,
1668 a state agency may not enter into a contract containing a
1669 nondisclosure clause that prohibits the contractor from
1670 disclosing information relevant to the performance of the
1671 contract to members or staff of the Senate or the House of
1672 Representatives. This section expires July 1, 2019.
1673 Section 49. Any section of this act which implements a
1674 specific appropriation or specifically identified proviso
1675 language in the 2018-2019 General Appropriations Act is void if
1676 the specific appropriation or specifically identified proviso
1677 language is vetoed. Any section of this act which implements
1678 more than one specific appropriation or more than one portion of
1679 specifically identified proviso language in the 2018-2019
1680 General Appropriations Act is void if all the specific
1681 appropriations or portions of specifically identified proviso
1682 language are vetoed.
1683 Section 50. If any other act passed during the 2018 Regular
1684 Session of the Legislature contains a provision that is
1685 substantively the same as a provision in this act, but that
1686 removes or is otherwise not subject to the future repeal applied
1687 to such provision by this act, the Legislature intends that the
1688 provision in the other act takes precedence and continues to
1689 operate, notwithstanding the future repeal provided by this act.
1690 Section 51. If any provision of this act or its application
1691 to any person or circumstance is held invalid, the invalidity
1692 does not affect other provisions or applications of the act
1693 which can be given effect without the invalid provision or
1694 application, and to this end the provisions of this act are
1695 severable.
1696 Section 52. Except as otherwise expressly provided in this
1697 act and except for this section, which shall take effect upon
1698 this act becoming a law, this act shall take effect July 1,
1699 2018; or, if this act fails to become a law until after that
1700 date, it shall take effect upon becoming a law and shall operate
1701 retroactively to July 1, 2018.