Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. HB 5003
       
       
       
       
       
       
                                Ì186762>Î186762                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/R/CR          .                                
             03/19/2020 01:48 PM       .                                
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       Senator Bradley moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. It is the intent of the Legislature that the
    6  implementing and administering provisions of this act apply to
    7  the General Appropriations Act for the 2020-2021 fiscal year.
    8         Section 2. In order to implement Specific Appropriations 8,
    9  9, 10, 92, and 93 of the 2020-2021 General Appropriations Act,
   10  the calculations of the Florida Education Finance Program for
   11  the 2020-2021 fiscal year included in the document titled
   12  “Public School Funding: The Florida Education Finance Program,”
   13  dated February 6, 2020, and filed with the Secretary of the
   14  Senate, are incorporated by reference for the purpose of
   15  displaying the calculations used by the Legislature, consistent
   16  with the requirements of state law, in making appropriations for
   17  the Florida Education Finance Program. This section expires July
   18  1, 2021.
   19         Section 3. In order to implement Specific Appropriations 8
   20  and 92 of the 2020-2021 General Appropriations Act, and
   21  notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
   22  1011.62(6)(b)3., and 1011.67, Florida Statutes, relating to the
   23  expenditure of funds provided for instructional materials, for
   24  the 2020-2021 fiscal year, funds provided for instructional
   25  materials shall be released and expended as required in the
   26  proviso language for Specific Appropriation 92 of the 2020-2021
   27  General Appropriations Act. This section expires July 1, 2021.
   28         Section 4. In order to implement Specific Appropriations 8
   29  and 92 of the 2020-2021 General Appropriations Act, subsections
   30  (11), (17), and (18) of section 1011.62, Florida Statutes, are
   31  amended, and subsection (22) is added to that section, to read:
   32         1011.62 Funds for operation of schools.—If the annual
   33  allocation from the Florida Education Finance Program to each
   34  district for operation of schools is not determined in the
   35  annual appropriations act or the substantive bill implementing
   36  the annual appropriations act, it shall be determined as
   37  follows:
   38         (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
   39  annually provide in the Florida Education Finance Program a
   40  virtual education contribution. The amount of the virtual
   41  education contribution shall be the difference between the
   42  amount per FTE established in the General Appropriations Act for
   43  virtual education and the amount per FTE for each district and
   44  the Florida Virtual School, which may be calculated by taking
   45  the sum of the base FEFP allocation, the discretionary local
   46  effort, the state-funded discretionary contribution, the
   47  discretionary millage compression supplement, the research-based
   48  reading instruction allocation, the best and brightest teacher
   49  and principal allocation, the teacher salary increase
   50  allocation, and the instructional materials allocation, and then
   51  dividing by the total unweighted FTE. This difference shall be
   52  multiplied by the virtual education unweighted FTE for programs
   53  and options identified in s. 1002.455 and the Florida Virtual
   54  School and its franchises to equal the virtual education
   55  contribution and shall be included as a separate allocation in
   56  the funding formula.
   57         (17) FUNDING COMPRESSION ALLOCATION.—The Legislature may
   58  provide an annual funding compression allocation in the General
   59  Appropriations Act. The allocation is created to provide
   60  additional funding to school districts and developmental
   61  research schools whose total funds per FTE in the prior year
   62  were less than the statewide average. Using the most recent
   63  prior year FEFP calculation for each eligible school district,
   64  the total funds per FTE shall be subtracted from the state
   65  average funds per FTE, not including any adjustments made
   66  pursuant to paragraph (19)(b). The resulting funds per FTE
   67  difference, or a portion thereof, as designated in the General
   68  Appropriations Act, shall then be multiplied by the school
   69  district’s total unweighted FTE to provide the allocation. If
   70  the calculated funds are greater than the amount included in the
   71  General Appropriations Act, they must be prorated to the
   72  appropriation amount based on each participating school
   73  district’s share. This subsection expires July 1, 2021 2020.
   74         (18) THE FLORIDA BEST AND BRIGHTEST TEACHER AND PRINCIPAL
   75  ALLOCATION.—
   76         (a) The Florida Best and Brightest Teacher and Principal
   77  Allocation is created to recruit, retain, and recognize
   78  classroom teachers and instructional personnel who meet the
   79  criteria established in s. 1012.731 and reward principals who
   80  meet the criteria established in s. 1012.732. Subject to annual
   81  appropriation, each school district shall receive an allocation
   82  based on the district’s proportionate share of FEFP base
   83  funding. The Legislature may specify a minimum allocation for
   84  all districts in the General Appropriations Act.
   85         (b) From the allocation, each district shall provide the
   86  following:
   87         1. A one-time recruitment award, as provided in s.
   88  1012.731(3)(a);
   89         2. A retention award, as provided in s. 1012.731(3)(b); and
   90         3. A recognition award, as provided in s. 1012.731(3)(c)
   91  from the remaining balance of the appropriation after the
   92  payment of all other awards authorized under ss. 1012.731 and
   93  1012.732.
   94         (c) From the allocation, each district shall provide
   95  eligible principals an award as provided in s. 1012.732(3).
   96  
   97  If a district’s calculated awards exceed the allocation, the
   98  district may prorate the awards.
   99         (d) The allocation authorized in this subsection is
  100  suspended for the 2020-2021 fiscal year and does not apply
  101  during such fiscal year. This paragraph expires July 1, 2021.
  102         (22) TEACHER SALARY INCREASE ALLOCATION.
  103         (a) The Teacher Salary Increase Allocation is created to
  104  increase teacher salaries and improve this state’s relative
  105  teacher salary position when compared with teacher salaries in
  106  other states.
  107         (b)Subject to annual appropriation, funds may be provided
  108  for each school district to increase the minimum base salary for
  109  full-time classroom teachers as defined in s. 1012.01(2)(a) or
  110  all instructional personnel as defined by s. 1012.01(2)(a)-(d),
  111  plus certified prekindergarten teachers, but not including
  112  substitute teachers, by no less than the amount designated in
  113  the General Appropriations Act. In addition, funds may also be
  114  provided in an amount designated in the General Appropriations
  115  Act for salary increases for all full-time instructional
  116  personnel as determined by the school board and the local
  117  bargaining unit.
  118         (c) Funds for this purpose shall be allocated on each
  119  district’s share of the base FEFP allocation. Funds for the
  120  minimum base salary increase may be provided in multiple years
  121  in order to achieve a particular salary goal. The minimum base
  122  salary is the base annual salary before payroll deductions and
  123  excluding additional compensation.
  124         (d) This subsection expires July 1, 2021.
  125         Section 5. The amendment to s. 1011.62(11), Florida
  126  Statutes, by this act, expires July 1, 2021, and the text of
  127  that subsection shall revert to that in existence on June 30,
  128  2020, except that any amendments to such text enacted other than
  129  by this act shall be preserved and continue to operate to the
  130  extent that such amendments are not dependent upon the portions
  131  of text which expire pursuant to this section.
  132         Section 6. In order to implement Specific Appropriations 8
  133  and 92 of the 2020-2021 General Appropriations Act, subsection
  134  (4) is added to section 1012.731, Florida Statutes, to read:
  135         1012.731 The Florida Best and Brightest Teacher Program.—
  136         (4) No awards may be made pursuant to this section and the
  137  operation of the program is suspended for the 2020-2021 fiscal
  138  year. This subsection expires July 1, 2021.
  139         Section 7. In order to implement Specific Appropriations 8
  140  and 92 of the 2020-2021 General Appropriations Act, subsection
  141  (4) is added to section 1012.732, Florida Statutes, to read:
  142         1012.732 The Florida Best and Brightest Principal Program.—
  143         (4) No awards may be made pursuant to this section and the
  144  operation of the program is suspended for the 2020-2021 fiscal
  145  year. This subsection expires July 1, 2021.
  146         Section 8. In order to implement Specific Appropriation 21
  147  of the 2020-2021 General Appropriations Act, subsection (1) of
  148  section 1013.62, Florida Statutes, is amended to read:
  149         1013.62 Charter schools capital outlay funding.—
  150         (1) For the 2020-2021 2018-2019 fiscal year, charter school
  151  capital outlay funding shall consist of state funds appropriated
  152  in the 2020-2021 2018-2019 General Appropriations Act. Beginning
  153  in fiscal year 2021-2022 2019-2020, charter school capital
  154  outlay funding shall consist of state funds when such funds are
  155  appropriated in the General Appropriations Act and revenue
  156  resulting from the discretionary millage authorized in s.
  157  1011.71(2) if the amount of state funds appropriated for charter
  158  school capital outlay in any fiscal year is less than the
  159  average charter school capital outlay funds per unweighted full
  160  time equivalent student for the 2018-2019 fiscal year,
  161  multiplied by the estimated number of charter school students
  162  for the applicable fiscal year, and adjusted by changes in the
  163  Consumer Price Index issued by the United States Department of
  164  Labor from the previous fiscal year. Nothing in this subsection
  165  prohibits a school district from distributing to charter schools
  166  funds resulting from the discretionary millage authorized in s.
  167  1011.71(2).
  168         (a) To be eligible to receive capital outlay funds, a
  169  charter school must:
  170         1.a. Have been in operation for 2 or more years;
  171         b. Be governed by a governing board established in the
  172  state for 2 or more years which operates both charter schools
  173  and conversion charter schools within the state;
  174         c. Be an expanded feeder chain of a charter school within
  175  the same school district that is currently receiving charter
  176  school capital outlay funds;
  177         d. Have been accredited by a regional accrediting
  178  association as defined by State Board of Education rule; or
  179         e. Serve students in facilities that are provided by a
  180  business partner for a charter school-in-the-workplace pursuant
  181  to s. 1002.33(15)(b).
  182         2. Have an annual audit that does not reveal any of the
  183  financial emergency conditions provided in s. 218.503(1) for the
  184  most recent fiscal year for which such audit results are
  185  available.
  186         3. Have satisfactory student achievement based on state
  187  accountability standards applicable to the charter school.
  188         4. Have received final approval from its sponsor pursuant
  189  to s. 1002.33 for operation during that fiscal year.
  190         5. Serve students in facilities that are not provided by
  191  the charter school’s sponsor.
  192         (b) A charter school is not eligible to receive capital
  193  outlay funds if it was created by the conversion of a public
  194  school and operates in facilities provided by the charter
  195  school’s sponsor for a nominal fee, or at no charge, or if it is
  196  directly or indirectly operated by the school district.
  197         Section 9. The amendments to s. 1013.62(1), Florida
  198  Statutes, by this act expire July 1, 2021, and the text of that
  199  subsection shall revert to that in existence on June 30, 2020,
  200  except that any amendments to such text enacted other than by
  201  this act shall be preserved and continue to operate to the
  202  extent that such amendments are not dependent upon the portions
  203  of text which expire pursuant to this section.
  204         Section 10. In order to implement Specific Appropriation
  205  123 of the 2020-2021 General Appropriations Act, and
  206  notwithstanding the expiration date in section 8 of chapter
  207  2019-116, Laws of Florida, subsection (1) of section 1001.26,
  208  Florida Statutes, is reenacted to read:
  209         1001.26 Public broadcasting program system.—
  210         (1) There is created a public broadcasting program system
  211  for the state. The department shall provide funds, as
  212  specifically appropriated in the General Appropriations Act, to
  213  educational television stations qualified by the Corporation for
  214  Public Broadcasting or public colleges and universities that are
  215  part of the public broadcasting program system. The program
  216  system must include:
  217         (a) Support for existing Corporation for Public
  218  Broadcasting qualified program system educational television
  219  stations.
  220         (b) Maintenance of quality broadcast capability for
  221  educational stations that are part of the program system.
  222         (c) Interconnection of all educational stations that are
  223  part of the program system for simultaneous broadcast and of
  224  such stations with all universities and other institutions as
  225  necessary for sharing of resources and delivery of programming.
  226         (d) Establishment and maintenance of a capability for
  227  statewide program distribution with facilities and staff,
  228  provided such facilities and staff complement and strengthen
  229  existing educational television stations.
  230         (e) Provision of both statewide programming funds and
  231  station programming support for educational television to meet
  232  statewide priorities. Priorities for station programming need
  233  not be the same as priorities for programming to be used
  234  statewide. Station programming may include, but shall not be
  235  limited to, citizens’ participation programs, music and fine
  236  arts programs, coverage of public hearings and governmental
  237  meetings, equal air time for political candidates, and other
  238  public interest programming.
  239         Section 11. The text of s. 1001.26(1), Florida Statutes, as
  240  carried forward from chapter 2019-116, Laws of Florida, by this
  241  act, expires July 1, 2021, and the text of that subsection shall
  242  revert to that in existence on June 30, 2018, except that any
  243  amendments enacted other than by this act shall be preserved and
  244  continue to operate to the extent that such amendments are not
  245  dependent upon the portions of text which expire pursuant to
  246  this section.
  247         Section 12. In order to implement Specific Appropriation
  248  150 of the 2020-2021 General Appropriations Act, section
  249  1004.6499, Florida Statutes, is created to read:
  250         1004.6499 Florida Institute of Politics.—
  251         (1) The Florida Institute of Politics is established at the
  252  Florida State University within the College of Social Sciences
  253  and Public Policy. The purpose of the institute is to provide
  254  the southeastern region of the United States with a world class,
  255  bipartisan, nationally-renowned institute of politics.
  256         (2) The goals of the institute are to:
  257         (a) Motivate students across the Florida State University
  258  to become aware of the significance of government and civic
  259  engagement at all levels and politics in general.
  260         (b)Provide students with an opportunity to be politically
  261  active and civically engaged.
  262         (c) Nurture a state of consciousness and passion for public
  263  service and politics.
  264         (d) Plan and host forums to allow students and guests to
  265  hear from and interact with experts from government, politics,
  266  policy, and journalism on a frequent basis.
  267         (e) Become a national and state resource on polling
  268  information and survey methodology.
  269         (f) Provide fellowships and internship opportunities to
  270  students in government, non-profit organizations, and community
  271  organizations.
  272         (g) Provide training sessions for newly elected state and
  273  local public officials.
  274         (h) Organize and sponsor conferences, symposia and
  275  workshops throughout Florida to educate and inform citizens,
  276  elected officials, and appointed policymakers regarding
  277  effective policymaking techniques and processes.
  278         (i) Create and promote research and awareness regarding
  279  politics, citizen involvement and public service.
  280         (j) Collaborate with related policy institutes and research
  281  activities at Florida State University and other institutions of
  282  higher education to motivate, increase and sustain citizen
  283  involvement in public affairs.
  284         (3) This section expires July 1, 2021.
  285         Section 13. In order to implement Specific Appropriations
  286  207, 208, 211, and 215 of the 2020-2021 General Appropriations
  287  Act, the calculations for the Medicaid Disproportionate Share
  288  Hospital and Hospital Reimbursement programs for the 2020-2021
  289  fiscal year contained in the document titled “Medicaid
  290  Disproportionate Share Hospital and Hospital Reimbursement
  291  Programs, Fiscal Year 2020-2021,” dated February 6, 2020, and
  292  filed with the Secretary of the Senate, are incorporated by
  293  reference for the purpose of displaying the calculations used by
  294  the Legislature, consistent with the requirements of state law,
  295  in making appropriations for the Medicaid Disproportionate Share
  296  Hospital and Hospital Reimbursement programs. This section
  297  expires July 1, 2021.
  298         Section 14. In order to implement Specific Appropriations
  299  201 through 228 and 526 of the 2020-2021 General Appropriations
  300  Act, and notwithstanding ss. 216.181 and 216.292, Florida
  301  Statutes, the Agency for Health Care Administration, in
  302  consultation with the Department of Health, may submit a budget
  303  amendment, subject to the notice, review, and objection
  304  procedures of s. 216.177, Florida Statutes, to realign funding
  305  within and between agencies based on implementation of the
  306  Managed Medical Assistance component of the Statewide Medicaid
  307  Managed Care program for the Children’s Medical Services program
  308  of the Department of Health. The funding realignment shall
  309  reflect the actual enrollment changes due to the transfer of
  310  beneficiaries from fee-for-service to the capitated Children’s
  311  Medical Services Network. The Agency for Health Care
  312  Administration may submit a request for nonoperating budget
  313  authority to transfer the federal funds to the Department of
  314  Health pursuant to s. 216.181(12), Florida Statutes. This
  315  section expires July 1, 2021.
  316         Section 15. In order to implement Specific Appropriations
  317  225 and 226 of the 2020-2021 General Appropriations Act, and
  318  notwithstanding the expiration date in section 19 of chapter
  319  2019-116, Laws of Florida, subsection (23) of section 409.908,
  320  Florida Statutes, is reenacted to read:
  321         409.908 Reimbursement of Medicaid providers.—Subject to
  322  specific appropriations, the agency shall reimburse Medicaid
  323  providers, in accordance with state and federal law, according
  324  to methodologies set forth in the rules of the agency and in
  325  policy manuals and handbooks incorporated by reference therein.
  326  These methodologies may include fee schedules, reimbursement
  327  methods based on cost reporting, negotiated fees, competitive
  328  bidding pursuant to s. 287.057, and other mechanisms the agency
  329  considers efficient and effective for purchasing services or
  330  goods on behalf of recipients. If a provider is reimbursed based
  331  on cost reporting and submits a cost report late and that cost
  332  report would have been used to set a lower reimbursement rate
  333  for a rate semester, then the provider’s rate for that semester
  334  shall be retroactively calculated using the new cost report, and
  335  full payment at the recalculated rate shall be effected
  336  retroactively. Medicare-granted extensions for filing cost
  337  reports, if applicable, shall also apply to Medicaid cost
  338  reports. Payment for Medicaid compensable services made on
  339  behalf of Medicaid eligible persons is subject to the
  340  availability of moneys and any limitations or directions
  341  provided for in the General Appropriations Act or chapter 216.
  342  Further, nothing in this section shall be construed to prevent
  343  or limit the agency from adjusting fees, reimbursement rates,
  344  lengths of stay, number of visits, or number of services, or
  345  making any other adjustments necessary to comply with the
  346  availability of moneys and any limitations or directions
  347  provided for in the General Appropriations Act, provided the
  348  adjustment is consistent with legislative intent.
  349         (23)(a) The agency shall establish rates at a level that
  350  ensures no increase in statewide expenditures resulting from a
  351  change in unit costs for county health departments effective
  352  July 1, 2011. Reimbursement rates shall be as provided in the
  353  General Appropriations Act.
  354         (b)1. Base rate reimbursement for inpatient services under
  355  a diagnosis-related group payment methodology shall be provided
  356  in the General Appropriations Act.
  357         2. Base rate reimbursement for outpatient services under an
  358  enhanced ambulatory payment group methodology shall be provided
  359  in the General Appropriations Act.
  360         3. Prospective payment system reimbursement for nursing
  361  home services shall be as provided in subsection (2) and in the
  362  General Appropriations Act.
  363         Section 16. The text of s. 409.908(23), Florida Statutes,
  364  as carried forward from chapter 2018-10, Laws of Florida, by
  365  this act, expires July 1, 2021, and the text of that subsection
  366  shall revert to that in existence on October 1, 2018, not
  367  including any amendments made by chapter 2018-10, Laws of
  368  Florida, except that any amendments to such text enacted other
  369  than by this act and chapters 2019-116 and 2018-10, Laws of
  370  Florida, shall be preserved and continue to operate to the
  371  extent that such amendments are not dependent upon the portions
  372  of text which expire pursuant to this section.
  373         Section 17. In order to implement Specific Appropriation
  374  209 of the 2020-2021 General Appropriations Act, and
  375  notwithstanding the expiration date in section 21 of chapter
  376  2019-116, Laws of Florida, subsection (26) of section 409.908,
  377  Florida Statutes, is reenacted to read:
  378         409.908 Reimbursement of Medicaid providers.—Subject to
  379  specific appropriations, the agency shall reimburse Medicaid
  380  providers, in accordance with state and federal law, according
  381  to methodologies set forth in the rules of the agency and in
  382  policy manuals and handbooks incorporated by reference therein.
  383  These methodologies may include fee schedules, reimbursement
  384  methods based on cost reporting, negotiated fees, competitive
  385  bidding pursuant to s. 287.057, and other mechanisms the agency
  386  considers efficient and effective for purchasing services or
  387  goods on behalf of recipients. If a provider is reimbursed based
  388  on cost reporting and submits a cost report late and that cost
  389  report would have been used to set a lower reimbursement rate
  390  for a rate semester, then the provider’s rate for that semester
  391  shall be retroactively calculated using the new cost report, and
  392  full payment at the recalculated rate shall be effected
  393  retroactively. Medicare-granted extensions for filing cost
  394  reports, if applicable, shall also apply to Medicaid cost
  395  reports. Payment for Medicaid compensable services made on
  396  behalf of Medicaid eligible persons is subject to the
  397  availability of moneys and any limitations or directions
  398  provided for in the General Appropriations Act or chapter 216.
  399  Further, nothing in this section shall be construed to prevent
  400  or limit the agency from adjusting fees, reimbursement rates,
  401  lengths of stay, number of visits, or number of services, or
  402  making any other adjustments necessary to comply with the
  403  availability of moneys and any limitations or directions
  404  provided for in the General Appropriations Act, provided the
  405  adjustment is consistent with legislative intent.
  406         (26) The agency may receive funds from state entities,
  407  including, but not limited to, the Department of Health, local
  408  governments, and other local political subdivisions, for the
  409  purpose of making special exception payments and Low Income Pool
  410  Program payments, including federal matching funds. Funds
  411  received for this purpose shall be separately accounted for and
  412  may not be commingled with other state or local funds in any
  413  manner. The agency may certify all local governmental funds used
  414  as state match under Title XIX of the Social Security Act to the
  415  extent and in the manner authorized under the General
  416  Appropriations Act and pursuant to an agreement between the
  417  agency and the local governmental entity. In order for the
  418  agency to certify such local governmental funds, a local
  419  governmental entity must submit a final, executed letter of
  420  agreement to the agency, which must be received by October 1 of
  421  each fiscal year and provide the total amount of local
  422  governmental funds authorized by the entity for that fiscal year
  423  under the General Appropriations Act. The local governmental
  424  entity shall use a certification form prescribed by the agency.
  425  At a minimum, the certification form must identify the amount
  426  being certified and describe the relationship between the
  427  certifying local governmental entity and the local health care
  428  provider. Local governmental funds outlined in the letters of
  429  agreement must be received by the agency no later than October
  430  31 of each fiscal year in which such funds are pledged, unless
  431  an alternative plan is specifically approved by the agency.
  432         Section 18. The text of s. 409.908(26), Florida Statutes,
  433  as carried forward from chapter 2019-116, Laws of Florida, by
  434  this act, expires July 1, 2021, and the text of that subsection
  435  shall revert to that in existence on June 30, 2019, except that
  436  any amendments to such text enacted other than by this act shall
  437  be preserved and continue to operate to the extent that such
  438  amendments are not dependent upon the portions of text which
  439  expire pursuant to this section.
  440         Section 19. In order to implement Specific Appropriations
  441  207, 211, 212, 214, 216, and 225 of the 2020-2021 General
  442  Appropriations Act, subsection (12) of section 409.904, Florida
  443  Statutes, is amended to read:
  444         409.904 Optional payments for eligible persons.—The agency
  445  may make payments for medical assistance and related services on
  446  behalf of the following persons who are determined to be
  447  eligible subject to the income, assets, and categorical
  448  eligibility tests set forth in federal and state law. Payment on
  449  behalf of these Medicaid eligible persons is subject to the
  450  availability of moneys and any limitations established by the
  451  General Appropriations Act or chapter 216.
  452         (12) Effective July 1, 2020 2019, the agency shall make
  453  payments to Medicaid-covered services:
  454         (a) For eligible children and pregnant women, retroactive
  455  for a period of no more than 90 days before the month in which
  456  an application for Medicaid is submitted.
  457         (b) For eligible nonpregnant adults, retroactive to the
  458  first day of the month in which an application for Medicaid is
  459  submitted.
  460  
  461  This subsection expires July 1, 2021 2020.
  462         Section 20. In order to implement Specific Appropriations
  463  207, 211, 212, 214, 216, and 225 of the 2020-2021 General
  464  Appropriations Act, by March 1, 2021, the Agency for Health Care
  465  Administration, in consultation with the Department of Children
  466  and Families, the Florida Hospital Association, the Safety Net
  467  Hospital Alliance of Florida, the Florida Health Care
  468  Association, and LeadingAge Florida, shall submit a report to
  469  the Governor, the President of the Senate, and the Speaker of
  470  the House of Representatives regarding the impact of the waiver
  471  of Medicaid retroactive eligibility on beneficiaries and
  472  providers. The report must include, but is not limited to:
  473         (1)The total unduplicated number of nonpregnant adults who
  474  applied for Medicaid at a hospital site from May 1, 2020,
  475  through January 31, 2021; and, of those applicants, the number
  476  whose Medicaid applications were approved, the number whose
  477  Medicaid applications were denied, and the reasons for denial
  478  ranked by frequency.
  479         (2)The total unduplicated number of nonpregnant adults who
  480  applied for Medicaid at a nursing home site from May 1, 2020,
  481  through January 31, 2021; and, of those applicants, the number
  482  whose Medicaid applications were approved, the number whose
  483  Medicaid applications were denied, and the reasons for denial
  484  ranked by frequency.
  485         (3)The estimated impact of medical debt on nonpregnant
  486  adults for whom a Medicaid application was not submitted in the
  487  same month when the individual became an inpatient of a hospital
  488  or a resident of a nursing home.
  489         (4)Additional recommendations to improve outreach and
  490  Medicaid coverage for nonpregnant adults who would be eligible
  491  for Medicaid if they applied before an event that requires
  492  hospital or nursing home care.
  493  
  494  This section expires July 1, 2021.
  495         Section 21. In order to implement Specific Appropriations
  496  181 through 184 of the 2020-2021 General Appropriations Act, and
  497  notwithstanding the expiration date in section 31 of chapter
  498  2019-116, Laws of Florida, paragraph (b) of subsection (5) of
  499  section 624.91, Florida Statutes, is reenacted to read:
  500         624.91 The Florida Healthy Kids Corporation Act.—
  501         (5) CORPORATION AUTHORIZATION, DUTIES, POWERS.—
  502         (b) The Florida Healthy Kids Corporation shall:
  503         1. Arrange for the collection of any family, local
  504  contributions, or employer payment or premium, in an amount to
  505  be determined by the board of directors, to provide for payment
  506  of premiums for comprehensive insurance coverage and for the
  507  actual or estimated administrative expenses.
  508         2. Arrange for the collection of any voluntary
  509  contributions to provide for payment of Florida Kidcare program
  510  premiums for children who are not eligible for medical
  511  assistance under Title XIX or Title XXI of the Social Security
  512  Act.
  513         3. Subject to the provisions of s. 409.8134, accept
  514  voluntary supplemental local match contributions that comply
  515  with the requirements of Title XXI of the Social Security Act
  516  for the purpose of providing additional Florida Kidcare coverage
  517  in contributing counties under Title XXI.
  518         4. Establish the administrative and accounting procedures
  519  for the operation of the corporation.
  520         5. Establish, with consultation from appropriate
  521  professional organizations, standards for preventive health
  522  services and providers and comprehensive insurance benefits
  523  appropriate to children, provided that such standards for rural
  524  areas shall not limit primary care providers to board-certified
  525  pediatricians.
  526         6. Determine eligibility for children seeking to
  527  participate in the Title XXI-funded components of the Florida
  528  Kidcare program consistent with the requirements specified in s.
  529  409.814, as well as the non-Title-XXI-eligible children as
  530  provided in subsection (3).
  531         7. Establish procedures under which providers of local
  532  match to, applicants to and participants in the program may have
  533  grievances reviewed by an impartial body and reported to the
  534  board of directors of the corporation.
  535         8. Establish participation criteria and, if appropriate,
  536  contract with an authorized insurer, health maintenance
  537  organization, or third-party administrator to provide
  538  administrative services to the corporation.
  539         9. Establish enrollment criteria that include penalties or
  540  waiting periods of 30 days for reinstatement of coverage upon
  541  voluntary cancellation for nonpayment of family premiums.
  542         10. Contract with authorized insurers or any provider of
  543  health care services, meeting standards established by the
  544  corporation, for the provision of comprehensive insurance
  545  coverage to participants. Such standards shall include criteria
  546  under which the corporation may contract with more than one
  547  provider of health care services in program sites. Health plans
  548  shall be selected through a competitive bid process. The Florida
  549  Healthy Kids Corporation shall purchase goods and services in
  550  the most cost-effective manner consistent with the delivery of
  551  quality medical care. The maximum administrative cost for a
  552  Florida Healthy Kids Corporation contract shall be 15 percent.
  553  For health care contracts, the minimum medical loss ratio for a
  554  Florida Healthy Kids Corporation contract shall be 85 percent.
  555  For dental contracts, the remaining compensation to be paid to
  556  the authorized insurer or provider under a Florida Healthy Kids
  557  Corporation contract shall be no less than an amount which is 85
  558  percent of premium; to the extent any contract provision does
  559  not provide for this minimum compensation, this section shall
  560  prevail. For an insurer or any provider of health care services
  561  which achieves an annual medical loss ratio below 85 percent,
  562  the Florida Healthy Kids Corporation shall validate the medical
  563  loss ratio and calculate an amount to be refunded by the insurer
  564  or any provider of health care services to the state which shall
  565  be deposited into the General Revenue Fund unallocated. The
  566  health plan selection criteria and scoring system, and the
  567  scoring results, shall be available upon request for inspection
  568  after the bids have been awarded.
  569         11. Establish disenrollment criteria in the event local
  570  matching funds are insufficient to cover enrollments.
  571         12. Develop and implement a plan to publicize the Florida
  572  Kidcare program, the eligibility requirements of the program,
  573  and the procedures for enrollment in the program and to maintain
  574  public awareness of the corporation and the program.
  575         13. Secure staff necessary to properly administer the
  576  corporation. Staff costs shall be funded from state and local
  577  matching funds and such other private or public funds as become
  578  available. The board of directors shall determine the number of
  579  staff members necessary to administer the corporation.
  580         14. In consultation with the partner agencies, provide a
  581  report on the Florida Kidcare program annually to the Governor,
  582  the Chief Financial Officer, the Commissioner of Education, the
  583  President of the Senate, the Speaker of the House of
  584  Representatives, and the Minority Leaders of the Senate and the
  585  House of Representatives.
  586         15. Provide information on a quarterly basis to the
  587  Legislature and the Governor which compares the costs and
  588  utilization of the full-pay enrolled population and the Title
  589  XXI-subsidized enrolled population in the Florida Kidcare
  590  program. The information, at a minimum, must include:
  591         a. The monthly enrollment and expenditure for full-pay
  592  enrollees in the Medikids and Florida Healthy Kids programs
  593  compared to the Title XXI-subsidized enrolled population; and
  594         b. The costs and utilization by service of the full-pay
  595  enrollees in the Medikids and Florida Healthy Kids programs and
  596  the Title XXI-subsidized enrolled population.
  597         16. Establish benefit packages that conform to the
  598  provisions of the Florida Kidcare program, as created in ss.
  599  409.810-409.821.
  600         Section 22. The text of s. 624.91(5)(b), Florida Statutes,
  601  as carried forward from chapter 2019-116, Laws of Florida, by
  602  this act, expires July 1, 2021, and the text of that paragraph
  603  shall revert to that in existence on June 30, 2019, except that
  604  any amendments to such text enacted other than by this act shall
  605  be preserved and continue to operate to the extent that such
  606  amendments are not dependent upon the portions of text which
  607  expire pursuant to this section.
  608         Section 23. In order to implement Specific Appropriation
  609  458 of the 2020-2021 General Appropriations Act, subsection (4)
  610  of section 381.915, Florida Statutes, is amended to read:
  611         381.915 Florida Consortium of National Cancer Institute
  612  Centers Program.—
  613         (4) Tier designations and corresponding weights within the
  614  Florida Consortium of National Cancer Institute Centers Program
  615  are as follows:
  616         (a) Tier 1: Florida-based NCI-designated comprehensive
  617  cancer centers, which shall be weighted at 1.5.
  618         (b) Tier 2: Florida-based NCI-designated cancer centers,
  619  which shall be weighted at 1.25.
  620         (c) Tier 3: Florida-based cancer centers seeking
  621  designation as either a NCI-designated cancer center or NCI
  622  designated comprehensive cancer center, which shall be weighted
  623  at 1.0.
  624         1. A cancer center shall meet the following minimum
  625  criteria to be considered eligible for Tier 3 designation in any
  626  given fiscal year:
  627         a. Conducting cancer-related basic scientific research and
  628  cancer-related population scientific research;
  629         b. Offering and providing the full range of diagnostic and
  630  treatment services on site, as determined by the Commission on
  631  Cancer of the American College of Surgeons;
  632         c. Hosting or conducting cancer-related interventional
  633  clinical trials that are registered with the NCI’s Clinical
  634  Trials Reporting Program;
  635         d. Offering degree-granting programs or affiliating with
  636  universities through degree-granting programs accredited or
  637  approved by a nationally recognized agency and offered through
  638  the center or through the center in conjunction with another
  639  institution accredited by the Commission on Colleges of the
  640  Southern Association of Colleges and Schools;
  641         e. Providing training to clinical trainees, medical
  642  trainees accredited by the Accreditation Council for Graduate
  643  Medical Education or the American Osteopathic Association, and
  644  postdoctoral fellows recently awarded a doctorate degree; and
  645         f. Having more than $5 million in annual direct costs
  646  associated with their total NCI peer-reviewed grant funding.
  647         2. The General Appropriations Act or accompanying
  648  legislation may limit the number of cancer centers which shall
  649  receive Tier 3 designations or provide additional criteria for
  650  such designation.
  651         3. A cancer center’s participation in Tier 3 may not extend
  652  beyond July 1, 2021 shall be limited to 6 years.
  653         4. A cancer center that qualifies as a designated Tier 3
  654  center under the criteria provided in subparagraph 1. by July 1,
  655  2014, is authorized to pursue NCI designation as a cancer center
  656  or a comprehensive cancer center until July 1, 2021 for 6 years
  657  after qualification.
  658         Section 24. The amendments to s. 381.915(4), Florida
  659  Statutes, by this act expire July 1, 2021, and the text of that
  660  subsection shall revert to that in existence on June 30, 2020,
  661  except that any amendments to such text enacted other than by
  662  this act shall be preserved and continue to operate to the
  663  extent that such amendments are not dependent upon the portions
  664  of text which expire pursuant to this section.
  665         Section 25. In order to implement Specific Appropriations
  666  536, 537, 542, and 545 of the 2020-2021 General Appropriations
  667  Act, subsection (17) of section 893.055, Florida Statutes, is
  668  amended to read:
  669         893.055 Prescription drug monitoring program.—
  670         (17) For the 2020-2021 2019-2020 fiscal year only, neither
  671  the Attorney General nor the department may use funds received
  672  as part of a settlement agreement to administer the prescription
  673  drug monitoring program. This subsection expires July 1, 2021
  674  2020.
  675         Section 26. In order to implement Specific Appropriation
  676  208 of the 2020-2021 General Appropriations Act, subsections (2)
  677  and (10) of section 409.911, Florida Statutes, are amended to
  678  read:
  679         409.911 Disproportionate share program.—Subject to specific
  680  allocations established within the General Appropriations Act
  681  and any limitations established pursuant to chapter 216, the
  682  agency shall distribute, pursuant to this section, moneys to
  683  hospitals providing a disproportionate share of Medicaid or
  684  charity care services by making quarterly Medicaid payments as
  685  required. Notwithstanding the provisions of s. 409.915, counties
  686  are exempt from contributing toward the cost of this special
  687  reimbursement for hospitals serving a disproportionate share of
  688  low-income patients.
  689         (2) The Agency for Health Care Administration shall use the
  690  following actual audited data to determine the Medicaid days and
  691  charity care to be used in calculating the disproportionate
  692  share payment:
  693         (a) The average of the 2012, 2013, and 2014 2011, 2012, and
  694  2013 audited disproportionate share data to determine each
  695  hospital’s Medicaid days and charity care for the 2020-2021
  696  2019-2020 state fiscal year.
  697         (b) If the Agency for Health Care Administration does not
  698  have the prescribed 3 years of audited disproportionate share
  699  data as noted in paragraph (a) for a hospital, the agency shall
  700  use the average of the years of the audited disproportionate
  701  share data as noted in paragraph (a) which is available.
  702         (c) In accordance with s. 1923(b) of the Social Security
  703  Act, a hospital with a Medicaid inpatient utilization rate
  704  greater than one standard deviation above the statewide mean or
  705  a hospital with a low-income utilization rate of 25 percent or
  706  greater shall qualify for reimbursement.
  707         (10) Notwithstanding any provision of this section to the
  708  contrary, for the 2020-2021 2019-2020 state fiscal year, the
  709  agency shall distribute moneys to hospitals providing a
  710  disproportionate share of Medicaid or charity care services as
  711  provided in the 2020-2021 2019-2020 General Appropriations Act.
  712  This subsection expires July 1, 2021 2020.
  713         Section 27. In order to implement Specific Appropriation
  714  208 of the 2020-2021 General Appropriations Act, subsection (3)
  715  of section 409.9113, Florida Statutes, is amended to read:
  716         409.9113 Disproportionate share program for teaching
  717  hospitals.—In addition to the payments made under s. 409.911,
  718  the agency shall make disproportionate share payments to
  719  teaching hospitals, as defined in s. 408.07, for their increased
  720  costs associated with medical education programs and for
  721  tertiary health care services provided to the indigent. This
  722  system of payments must conform to federal requirements and
  723  distribute funds in each fiscal year for which an appropriation
  724  is made by making quarterly Medicaid payments. Notwithstanding
  725  s. 409.915, counties are exempt from contributing toward the
  726  cost of this special reimbursement for hospitals serving a
  727  disproportionate share of low-income patients. The agency shall
  728  distribute the moneys provided in the General Appropriations Act
  729  to statutorily defined teaching hospitals and family practice
  730  teaching hospitals, as defined in s. 395.805, pursuant to this
  731  section. The funds provided for statutorily defined teaching
  732  hospitals shall be distributed as provided in the General
  733  Appropriations Act. The funds provided for family practice
  734  teaching hospitals shall be distributed equally among family
  735  practice teaching hospitals.
  736         (3) Notwithstanding any provision of this section to the
  737  contrary, for the 2020-2021 2019-2020 state fiscal year, the
  738  agency shall make disproportionate share payments to teaching
  739  hospitals, as defined in s. 408.07, as provided in the 2020-2021
  740  2019-2020 General Appropriations Act. This subsection expires
  741  July 1, 2021 2020.
  742         Section 28. In order to implement Specific Appropriation
  743  208 of the 2020-2021 General Appropriations Act, subsection (4)
  744  of section 409.9119, Florida Statutes, is amended to read:
  745         409.9119 Disproportionate share program for specialty
  746  hospitals for children.—In addition to the payments made under
  747  s. 409.911, the Agency for Health Care Administration shall
  748  develop and implement a system under which disproportionate
  749  share payments are made to those hospitals that are separately
  750  licensed by the state as specialty hospitals for children, have
  751  a federal Centers for Medicare and Medicaid Services
  752  certification number in the 3300-3399 range, have Medicaid days
  753  that exceed 55 percent of their total days and Medicare days
  754  that are less than 5 percent of their total days, and were
  755  licensed on January 1, 2013, as specialty hospitals for
  756  children. This system of payments must conform to federal
  757  requirements and must distribute funds in each fiscal year for
  758  which an appropriation is made by making quarterly Medicaid
  759  payments. Notwithstanding s. 409.915, counties are exempt from
  760  contributing toward the cost of this special reimbursement for
  761  hospitals that serve a disproportionate share of low-income
  762  patients. The agency may make disproportionate share payments to
  763  specialty hospitals for children as provided for in the General
  764  Appropriations Act.
  765         (4) Notwithstanding any provision of this section to the
  766  contrary, for the 2020-2021 2019-2020 state fiscal year, for
  767  hospitals achieving full compliance under subsection (3), the
  768  agency shall make disproportionate share payments to specialty
  769  hospitals for children as provided in the 2020-2021 2019-2020
  770  General Appropriations Act. This subsection expires July 1, 2021
  771  2020.
  772         Section 29. In order to implement Specific Appropriations
  773  201 through 228 of the 2020-2021 General Appropriations Act, and
  774  notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
  775  Agency for Health Care Administration may submit a budget
  776  amendment, subject to the notice, review, and objection
  777  procedures of s. 216.177, Florida Statutes, to realign funding
  778  within the Medicaid program appropriation categories to address
  779  projected surpluses and deficits within the program and to
  780  maximize the use of state trust funds. A single budget amendment
  781  shall be submitted in the last quarter of the 2020-2021 fiscal
  782  year only. This section expires July 1, 2021.
  783         Section 30. In order to implement Specific Appropriation
  784  406 of the 2020-2021 General Appropriations Act, and subject to
  785  federal approval of the application to be a site for the Program
  786  of All-Inclusive Care for the Elderly, the Agency for Health
  787  Care Administration shall contract with one private health care
  788  organization, the sole member of which is a private, not-for
  789  profit corporation that owns and manages health care
  790  organizations that provide comprehensive long-term care
  791  services, including nursing home, assisted living, independent
  792  housing, home care, adult day care, and care management. This
  793  organization shall provide these services to frail and elderly
  794  persons who reside in Escambia, Okaloosa, and Santa Rosa
  795  Counties. The organization is exempt from the requirements of
  796  chapter 641, Florida Statutes. The agency, in consultation with
  797  the Department of Elderly Affairs and subject to an
  798  appropriation, shall approve up to 200 initial enrollees in the
  799  Program of All-Inclusive Care for the Elderly established by
  800  this organization to serve elderly persons who reside in
  801  Escambia, Okaloosa, and Santa Rosa Counties. This section
  802  expires July 1, 2021.
  803         Section 31. In order to implement Specific Appropriations
  804  181 through 186 and 526 of the 2020-2021 General Appropriations
  805  Act, and notwithstanding ss. 216.181 and 216.292, Florida
  806  Statutes, the Agency for Health Care Administration and the
  807  Department of Health may each submit a budget amendment, subject
  808  to the notice, review, and objection procedures of s. 216.177,
  809  Florida Statutes, to realign funding within the Florida Kidcare
  810  program appropriation categories, or to increase budget
  811  authority in the Children’s Medical Services Network category,
  812  to address projected surpluses and deficits within the program
  813  or to maximize the use of state trust funds. A single budget
  814  amendment must be submitted by each agency in the last quarter
  815  of the 2020-2021 fiscal year only. This section expires July 1,
  816  2021.
  817         Section 32. In order to implement Specific Appropriations
  818  468 through 470, 475, and 482 of the 2020-2021 General
  819  Appropriations Act, subsection (17) of section 381.986, Florida
  820  Statutes, is amended to read:
  821         381.986 Medical use of marijuana.—
  822         (17) Rules adopted pursuant to this section before July 1,
  823  2021 2020, are not subject to ss. 120.54(3)(b) and 120.541.
  824  Notwithstanding paragraph (8)(e), a medical marijuana treatment
  825  center may use a laboratory that has not been certified by the
  826  department under s. 381.988 until such time as at least one
  827  laboratory holds the required certification pursuant to s.
  828  381.988, but in no event later than July 1, 2021 2020. This
  829  subsection expires July 1, 2021 2020.
  830         Section 33. In order to implement Specific Appropriations
  831  468 through 470, 475, and 482 of the 2020-2021 General
  832  Appropriations Act, subsection (11) of section 381.988, Florida
  833  Statutes, is amended to read:
  834         381.988 Medical marijuana testing laboratories; marijuana
  835  tests conducted by a certified laboratory.—
  836         (11) Rules adopted under subsection (9) before July 1, 2021
  837  2020, are not subject to ss. 120.54(3)(b) and 120.541. This
  838  subsection expires July 1, 2021 2020.
  839         Section 34. Effective July 1, 2020, upon the expiration and
  840  reversion of the amendments made to subsection (1) of section 14
  841  of chapter 2017-232, Laws of Florida, pursuant to section 42 of
  842  chapter 2019-116, Laws of Florida, and in order to implement
  843  Specific Appropriations 468 through 470, 475, and 482 of the
  844  2020-2021 General Appropriations Act, subsection (1) of section
  845  14 of chapter 2017-232, Laws of Florida, is amended to read:
  846         Section 14. Department of Health; authority to adopt rules;
  847  cause of action.—
  848         (1) EMERGENCY RULEMAKING.—
  849         (a) The Department of Health and the applicable boards
  850  shall adopt emergency rules pursuant to s. 120.54(4), Florida
  851  Statutes, and this section necessary to implement ss. 381.986
  852  and 381.988, Florida Statutes. If an emergency rule adopted
  853  under this section is held to be unconstitutional or an invalid
  854  exercise of delegated legislative authority, and becomes void,
  855  the department or the applicable boards may adopt an emergency
  856  rule pursuant to this section to replace the rule that has
  857  become void. If the emergency rule adopted to replace the void
  858  emergency rule is also held to be unconstitutional or an invalid
  859  exercise of delegated legislative authority and becomes void,
  860  the department and the applicable boards must follow the
  861  nonemergency rulemaking procedures of the Administrative
  862  Procedures Act to replace the rule that has become void.
  863         (b) For emergency rules adopted under this section, the
  864  department and the applicable boards need not make the findings
  865  required by s. 120.54(4)(a), Florida Statutes. Emergency rules
  866  adopted under this section are exempt from ss. 120.54(3)(b) and
  867  120.541, Florida Statutes. The department and the applicable
  868  boards shall meet the procedural requirements in s. 120.54(4)(a)
  869  s. 120.54(a), Florida Statutes, if the department or the
  870  applicable boards have, before July 1, 2019 the effective date
  871  of this act, held any public workshops or hearings on the
  872  subject matter of the emergency rules adopted under this
  873  subsection. Challenges to emergency rules adopted under this
  874  subsection are subject to the time schedules provided in s.
  875  120.56(5), Florida Statutes.
  876         (c) Emergency rules adopted under this section are exempt
  877  from s. 120.54(4)(c), Florida Statutes, and shall remain in
  878  effect until replaced by rules adopted under the nonemergency
  879  rulemaking procedures of the Administrative Procedures Act.
  880  Rules adopted under the nonemergency rulemaking procedures of
  881  the Administrative Procedures Act to replace emergency rules
  882  adopted under this section are exempt from ss. 120.54(3)(b) and
  883  120.541, Florida Statutes. By July 1, 2021 January 1, 2018, the
  884  department and the applicable boards shall initiate nonemergency
  885  rulemaking pursuant to the Administrative Procedures Act to
  886  replace all emergency rules adopted under this section by
  887  publishing a notice of rule development in the Florida
  888  Administrative Register. Except as provided in paragraph (a),
  889  after July 1, 2021 January 1, 2018, the department and
  890  applicable boards may not adopt rules pursuant to the emergency
  891  rulemaking procedures provided in this section.
  892         Section 35. The amendment to s. 14(1) of chapter 2017-232,
  893  Laws of Florida, by this act expires July 1, 2021, and the text
  894  of that subsection shall revert to that in existence on June 30,
  895  2019, except that any amendments to such text enacted other than
  896  by this act shall be preserved and continue to operate to the
  897  extent that such amendments are not dependent upon the portions
  898  of text which expire pursuant to this section.
  899         Section 36. In order to implement Specific Appropriation
  900  195 of the 2020-2021 General Appropriations Act, and
  901  notwithstanding s. 409.902(3)-(8), Florida Statutes:
  902         (1) The Agency for Health Care Administration shall replace
  903  the Medicaid Enterprise System (MES), which includes the Florida
  904  Medicaid Management Information System (FMMIS), enrollment
  905  broker system, third-party liability functionality, pharmacy
  906  benefits management, fraud and abuse case tracking, prior
  907  authorization, home health electronic visit verification, and
  908  the Health Quality Assurance licensure system, with an
  909  integrated enterprise system consisting of a new integration
  910  platform, data warehouse, and modules for Provider Management,
  911  Case Management, and Recipient Enrollment and Management. The
  912  new system, the Florida Health Care Connection (FX) system, must
  913  provide better integration with subsystems supporting Florida’s
  914  Medicaid program; uniformity, consistency, and improved access
  915  to data; and compatibility with the Centers for Medicare and
  916  Medicaid Services’ Medicaid Information Technology Architecture
  917  (MITA) as the system matures and expands its functionality.
  918         (2) For purposes of replacing MES, the Agency for Health
  919  Care Administration shall:
  920         (a)Comply with and not exceed the Centers for Medicare and
  921  Medicaid Services funding authorizations for the FX system.
  922         (b) Ensure compliance and uniformity with published MITA
  923  framework and guidelines.
  924         (c) Ensure that all business requirements and technical
  925  specifications have been provided to the state’s health and
  926  human services agencies for their review and input, and are
  927  approved by the executive steering committee established in
  928  paragraph (e), before the agency contracts for implementation or
  929  system development of new modules for the FX system.
  930         (d) Ensure the new FX system is compatible with and will
  931  seamlessly integrate financial and fiscal information into the
  932  state’s new planning, accounting, and ledger management system,
  933  PALM.
  934         (e) Implement a project governance structure that includes
  935  an executive steering committee composed of:
  936         1. The Secretary of Health Care Administration, or the
  937  executive sponsor of the project.
  938         2. A representative of the Division of Health Quality
  939  Assurance of the Agency for Health Care Administration,
  940  appointed by the Secretary of Health Care Administration.
  941         3.A representative of the Florida Center for Health
  942  Information and Transparency of the Agency for Health Care
  943  Administration, appointed by the Secretary of Health Care
  944  Administration.
  945         4. A representative of the Division of Information
  946  Technology of the Agency for Health Care Administration,
  947  appointed by the Secretary of Health Care Administration.
  948         5. A representative of the Division of Operations of the
  949  Agency for Health Care Administration, appointed by the
  950  Secretary of Health Care Administration.
  951         6. Two employees from the Division of Medicaid of the
  952  Agency for Health Care Administration, appointed by the
  953  Secretary of Health Care Administration.
  954         7. The Assistant Secretary for Child Welfare of the
  955  Department of Children and Families, or his or her designee.
  956         8. The Assistant Secretary for Economic Self-Sufficiency of
  957  the Department of Children and Families, or his or her designee.
  958         9. The Deputy Secretary for Children’s Medical Services of
  959  the Department of Health, or his or her designee.
  960         10. A representative of the Agency for Persons with
  961  Disabilities who has experience with the preparation and
  962  submission of waivers to the Centers for Medicare and Medicaid
  963  Services, appointed by the director of the Agency for Persons
  964  with Disabilities.
  965         11. A representative for the Department of Elderly Affairs
  966  who has experience with the Medicaid Program within that
  967  department, appointed by the Secretary of Elderly Affairs.
  968         12. A representative for the Department of Corrections who
  969  has experience Medicaid reporting within that department,
  970  appointed by the Secretary of Corrections.
  971         13. A representative for the Medicaid Fraud Control Unit
  972  within the Office of the Attorney General, appointed by the
  973  Attorney General.
  974         14. A representative of the Department of Financial
  975  Services who has experience with the state’s financial processes
  976  including development of the PALM system, appointed by the Chief
  977  Financial Officer.
  978         (3) The Secretary of Health Care Administration or the
  979  executive sponsor of the project shall serve as chair of the
  980  executive steering committee, and the committee shall take
  981  action by a vote of at least 10 affirmative votes with the chair
  982  voting on the prevailing side. A quorum of the executive
  983  steering committee consists of at least 11 members.
  984         (4) The executive steering committee has the overall
  985  responsibility for ensuring that the project to replace MES
  986  meets its primary business objectives and shall:
  987         (a) Identify and recommend to the Executive Office of the
  988  Governor, the President of the Senate, and the Speaker of the
  989  House of Representatives any statutory changes needed to
  990  standardize the data collection and reporting for the state’s
  991  Medicaid program.
  992         (b)Review and approve any changes to the project’s scope,
  993  schedule, and budget which do not conflict with the requirements
  994  of subsection (1).
  995         (c) Ensure that adequate resources are provided throughout
  996  all phases of the project.
  997         (d) Approve all major project deliverables.
  998         (e) Approve all solicitation-related documents associated
  999  with the replacement of MES.
 1000         (5)This section expires July 1, 2021.
 1001         Section 37. In order to implement Specific Appropriations
 1002  330, 332, 361, and 362 of the 2020-2021 General Appropriations
 1003  Act, and notwithstanding ss. 216.181 and 216.292, Florida
 1004  Statutes, the Department of Children and Families may submit a
 1005  budget amendment, subject to the notice, review, and objection
 1006  procedures of s. 216.177, Florida Statutes, to realign funding
 1007  within the department based on the implementation of the
 1008  Guardianship Assistance Program, between and among the specific
 1009  appropriations for guardianship assistance payments, foster care
 1010  Level 1 room and board payments, relative caregiver payments,
 1011  and nonrelative caregiver payments. This section expires July 1,
 1012  2021.
 1013         Section 38. In order to implement Specific Appropriations
 1014  330 and 332 of the 2020-2021 General Appropriations Act, the
 1015  Department of Children and Families shall establish a formula to
 1016  distribute the recurring sums of $10,597,824 from the General
 1017  Revenue Fund and $11,922,238 from the Federal Grants Trust Fund
 1018  for actual and direct costs to implement the Guardianship
 1019  Assistance Program, including Level 1 foster care board
 1020  payments, licensing staff for community-based care lead
 1021  agencies, and guardianship assistance payments. This section
 1022  expires July 1, 2021.
 1023         Section 39. In order to implement Specific Appropriations
 1024  554 through 560 and 562 of the 2020-2021 General Appropriations
 1025  Act, subsection (3) of section 296.37, Florida Statutes, is
 1026  amended to read:
 1027         296.37 Residents; contribution to support.—
 1028         (3) Notwithstanding subsection (1), each resident of the
 1029  home who receives a pension, compensation, or gratuity from the
 1030  United States Government, or income from any other source, of
 1031  more than $130 per month shall contribute to his or her
 1032  maintenance and support while a resident of the home in
 1033  accordance with a payment schedule determined by the
 1034  administrator and approved by the director. The total amount of
 1035  such contributions shall be to the fullest extent possible, but,
 1036  in no case, shall exceed the actual cost of operating and
 1037  maintaining the home. This subsection expires July 1, 2021 2020.
 1038         Section 40. In order to implement Specific Appropriations
 1039  353 and 354 of the 2020-2021 General Appropriations Act, and
 1040  notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
 1041  Department of Children and Families may submit a budget
 1042  amendment, subject to the notice, review, and objection
 1043  procedures of s. 216.177, Florida Statutes, to increase budget
 1044  authority for the Supplemental Nutrition Assistance Program if
 1045  additional federal revenue specific to the program becomes
 1046  available for the program in the 2020-2021 fiscal year. This
 1047  section expires July 1, 2021.
 1048         Section 41. In order to implement Specific Appropriations
 1049  312 through 315, 319, 320, 323, 328, 330, and 332 of the 2020
 1050  2021 General Appropriations Act, and notwithstanding ss. 216.181
 1051  and 216.292, Florida Statutes, the Department of Children and
 1052  Families may submit a budget amendment, subject to the notice,
 1053  review, and objection procedures of s. 216.177, Florida
 1054  Statutes, to realign funding within the Family Safety Program to
 1055  maximize the use of Title IV-E and other federal funds. This
 1056  section expires July 1, 2021.
 1057         Section 42. In order to implement Specific Appropriations
 1058  582 through 673 and 685 through 720 of the 2020-2021 General
 1059  Appropriations Act, subsection (4) of section 216.262, Florida
 1060  Statutes, is amended to read:
 1061         216.262 Authorized positions.—
 1062         (4) Notwithstanding the provisions of this chapter relating
 1063  to increasing the number of authorized positions, and for the
 1064  2020-2021 2019-2020 fiscal year only, if the actual inmate
 1065  population of the Department of Corrections exceeds the inmate
 1066  population projections of the December 17, 2019 February 22,
 1067  2019, Criminal Justice Estimating Conference by 1 percent for 2
 1068  consecutive months or 2 percent for any month, the Executive
 1069  Office of the Governor, with the approval of the Legislative
 1070  Budget Commission, shall immediately notify the Criminal Justice
 1071  Estimating Conference, which shall convene as soon as possible
 1072  to revise the estimates. The Department of Corrections may then
 1073  submit a budget amendment requesting the establishment of
 1074  positions in excess of the number authorized by the Legislature
 1075  and additional appropriations from unallocated general revenue
 1076  sufficient to provide for essential staff, fixed capital
 1077  improvements, and other resources to provide classification,
 1078  security, food services, health services, and other variable
 1079  expenses within the institutions to accommodate the estimated
 1080  increase in the inmate population. All actions taken pursuant to
 1081  this subsection are subject to review and approval by the
 1082  Legislative Budget Commission. This subsection expires July 1,
 1083  2021 2020.
 1084         Section 43. In order to implement Specific Appropriation
 1085  707 of the 2020-2021 General Appropriations Act, and upon the
 1086  expiration and reversion of the amendments made by section 52 of
 1087  chapter 2019-116, Laws of Florida, paragraph (b) of subsection
 1088  (8) of section 1011.80, Florida Statutes, is amended to read:
 1089         1011.80 Funds for operation of workforce education
 1090  programs.—
 1091         (8)
 1092         (b) State funds provided for the operation of postsecondary
 1093  workforce programs may not be expended for the education of
 1094  state or federal inmates, except to the extent that such funds
 1095  are specifically appropriated for such purpose in the 2020-2021
 1096  General Appropriations Act with more than 24 months of time
 1097  remaining to serve on their sentences or federal inmates.
 1098         Section 44. The amendment made to s. 1011.80(8)(b), Florida
 1099  Statutes, by this act expires July 1, 2021, and the text of that
 1100  paragraph shall revert to that in existence on July 1, 2019, but
 1101  not including any amendments made by this act or chapters 2019
 1102  116 and 2018-10, Laws of Florida, and any amendments to such
 1103  text enacted other than by this act shall be preserved and
 1104  continue to operate to the extent that such amendments are not
 1105  dependent upon the portions of text which expire pursuant to
 1106  this section.
 1107         Section 45. In order to implement Specific Appropriations
 1108  3187 through 3253 of the 2020-2021 General Appropriations Act,
 1109  subsection (2) of section 215.18, Florida Statutes, is amended
 1110  to read:
 1111         215.18 Transfers between funds; limitation.—
 1112         (2) The Chief Justice of the Supreme Court may receive one
 1113  or more trust fund loans to ensure that the state court system
 1114  has funds sufficient to meet its appropriations in the 2020-2021
 1115  2019-2020 General Appropriations Act. If the Chief Justice
 1116  accesses the loan, he or she must notify the Governor and the
 1117  chairs of the legislative appropriations committees in writing.
 1118  The loan must come from other funds in the State Treasury which
 1119  are for the time being or otherwise in excess of the amounts
 1120  necessary to meet the just requirements of such last-mentioned
 1121  funds. The Governor shall order the transfer of funds within 5
 1122  days after the written notification from the Chief Justice. If
 1123  the Governor does not order the transfer, the Chief Financial
 1124  Officer shall transfer the requested funds. The loan of funds
 1125  from which any money is temporarily transferred must be repaid
 1126  by the end of the 2020-2021 2019-2020 fiscal year. This
 1127  subsection expires July 1, 2021 2020.
 1128         Section 46. (1)In order to implement Specific
 1129  Appropriations 1120 through 1131 of the 2020-2021 General
 1130  Appropriations Act, the Department of Juvenile Justice is
 1131  required to review county juvenile detention payments to ensure
 1132  that counties fulfill their financial responsibilities required
 1133  in s. 985.6865, Florida Statutes. If the Department of Juvenile
 1134  Justice determines that a county has not met its obligations,
 1135  the department shall direct the Department of Revenue to deduct
 1136  the amount owed to the Department of Juvenile Justice from the
 1137  funds provided to the county under s. 218.23, Florida Statutes.
 1138  The Department of Revenue shall transfer the funds withheld to
 1139  the Shared County/State Juvenile Detention Trust Fund.
 1140         (2)As an assurance to holders of bonds issued by counties
 1141  before July 1, 2020, for which distributions made pursuant to s.
 1142  218.23, Florida Statutes, are pledged, or bonds issued to refund
 1143  such bonds which mature no later than the bonds they refunded
 1144  and which result in a reduction of debt service payable in each
 1145  fiscal year, the amount available for distribution to a county
 1146  shall remain as provided by law and continue to be subject to
 1147  any lien or claim on behalf of the bondholders. The Department
 1148  of Revenue must ensure, based on information provided by an
 1149  affected county, that any reduction in amounts distributed
 1150  pursuant to subsection (1) does not reduce the amount of
 1151  distribution to a county below the amount necessary for the
 1152  timely payment of principal and interest when due on the bonds
 1153  and the amount necessary to comply with any covenant under the
 1154  bond resolution or other documents relating to the issuance of
 1155  the bonds. If a reduction to a county’s monthly distribution
 1156  must be decreased in order to comply with this section, the
 1157  Department of Revenue must notify the Department of Juvenile
 1158  Justice of the amount of the decrease, and the Department of
 1159  Juvenile Justice must send a bill for payment of such amount to
 1160  the affected county.
 1161         (3)This section expires July 1, 2021.
 1162         Section 47. In order to implement Specific Appropriations
 1163  731 through 752, 916 through 1062, and 1083 through 1119 of the
 1164  2020-2021 General Appropriations Act, and notwithstanding the
 1165  expiration date in section 57 of chapter 2019-116, Laws of
 1166  Florida, present subsection (11) of section 27.40, Florida
 1167  Statutes, is renumbered as subsection (12), a new subsection
 1168  (11) is added to that section, and subsection (1), paragraph (a)
 1169  of subsection (2), paragraph (a) of subsection (3), and
 1170  subsections (5), (6), and (7) of that section are reenacted, to
 1171  read:
 1172         27.40 Court-appointed counsel; circuit registries; minimum
 1173  requirements; appointment by court.—
 1174         (1) Counsel shall be appointed to represent any individual
 1175  in a criminal or civil proceeding entitled to court-appointed
 1176  counsel under the Federal or State Constitution or as authorized
 1177  by general law. The court shall appoint a public defender to
 1178  represent indigent persons as authorized in s. 27.51. The office
 1179  of criminal conflict and civil regional counsel shall be
 1180  appointed to represent persons in those cases in which provision
 1181  is made for court-appointed counsel, but only after the public
 1182  defender has certified to the court in writing that the public
 1183  defender is unable to provide representation due to a conflict
 1184  of interest or is not authorized to provide representation. The
 1185  public defender shall report, in the aggregate, the specific
 1186  basis of all conflicts of interest certified to the court. On a
 1187  quarterly basis, the public defender shall submit this
 1188  information to the Justice Administrative Commission.
 1189         (2)(a) Private counsel shall be appointed to represent
 1190  persons in those cases in which provision is made for court
 1191  appointed counsel but only after the office of criminal conflict
 1192  and civil regional counsel has been appointed and has certified
 1193  to the court in writing that the criminal conflict and civil
 1194  regional counsel is unable to provide representation due to a
 1195  conflict of interest. The criminal conflict and civil regional
 1196  counsel shall report, in the aggregate, the specific basis of
 1197  all conflicts of interest certified to the court. On a quarterly
 1198  basis, the criminal conflict and civil regional counsel shall
 1199  submit this information to the Justice Administrative
 1200  Commission.
 1201         (3) In using a registry:
 1202         (a) The chief judge of the circuit shall compile a list of
 1203  attorneys in private practice, by county and by category of
 1204  cases, and provide the list to the clerk of court in each
 1205  county. The chief judge of the circuit may restrict the number
 1206  of attorneys on the general registry list. To be included on a
 1207  registry, an attorney must certify that he or she:
 1208         1. Meets any minimum requirements established by the chief
 1209  judge and by general law for court appointment;
 1210         2. Is available to represent indigent defendants in cases
 1211  requiring court appointment of private counsel; and
 1212         3. Is willing to abide by the terms of the contract for
 1213  services, s. 27.5304, and this section.
 1214  
 1215  To be included on a registry, an attorney must enter into a
 1216  contract for services with the Justice Administrative
 1217  Commission. Failure to comply with the terms of the contract for
 1218  services may result in termination of the contract and removal
 1219  from the registry. Each attorney on the registry is responsible
 1220  for notifying the clerk of the court and the Justice
 1221  Administrative Commission of any change in his or her status.
 1222  Failure to comply with this requirement is cause for termination
 1223  of the contract for services and removal from the registry until
 1224  the requirement is fulfilled.
 1225         (5) The Justice Administrative Commission shall approve
 1226  uniform contract forms for use in procuring the services of
 1227  private court-appointed counsel and uniform procedures and forms
 1228  for use by a court-appointed attorney in support of billing for
 1229  attorney’s fees, costs, and related expenses to demonstrate the
 1230  attorney’s completion of specified duties. Such uniform
 1231  contracts and forms for use in billing must be consistent with
 1232  s. 27.5304, s. 216.311, and the General Appropriations Act and
 1233  must contain the following statement: “The State of Florida’s
 1234  performance and obligation to pay under this contract is
 1235  contingent upon an annual appropriation by the Legislature.”
 1236         (6) After court appointment, the attorney must immediately
 1237  file a notice of appearance with the court indicating acceptance
 1238  of the appointment to represent the defendant and of the terms
 1239  of the uniform contract as specified in subsection (5).
 1240         (7)(a) A private attorney appointed by the court from the
 1241  registry to represent a client is entitled to payment as
 1242  provided in s. 27.5304 so long as the requirements of subsection
 1243  (1) and paragraph (2)(a) are met. An attorney appointed by the
 1244  court who is not on the registry list may be compensated under
 1245  s. 27.5304 only if the court finds in the order of appointment
 1246  that there were no registry attorneys available for
 1247  representation for that case and only if the requirements of
 1248  subsection (1) and paragraph (2)(a) are met.
 1249         (b)1. The flat fee established in s. 27.5304 and the
 1250  General Appropriations Act shall be presumed by the court to be
 1251  sufficient compensation. The attorney shall maintain appropriate
 1252  documentation, including contemporaneous and detailed hourly
 1253  accounting of time spent representing the client. If the
 1254  attorney fails to maintain such contemporaneous and detailed
 1255  hourly records, the attorney waives the right to seek
 1256  compensation in excess of the flat fee established in s. 27.5304
 1257  and the General Appropriations Act. These records and documents
 1258  are subject to review by the Justice Administrative Commission
 1259  and audit by the Auditor General, subject to the attorney-client
 1260  privilege and work-product privilege. The attorney shall
 1261  maintain the records and documents in a manner that enables the
 1262  attorney to redact any information subject to a privilege in
 1263  order to facilitate the commission’s review of the records and
 1264  documents and not to impede such review. The attorney may redact
 1265  information from the records and documents only to the extent
 1266  necessary to comply with the privilege. The Justice
 1267  Administrative Commission shall review such records and shall
 1268  contemporaneously document such review before authorizing
 1269  payment to an attorney. Objections by or on behalf of the
 1270  Justice Administrative Commission to records or documents or to
 1271  claims for payment by the attorney shall be presumed correct by
 1272  the court unless the court determines, in writing, that
 1273  competent and substantial evidence exists to justify overcoming
 1274  the presumption.
 1275         2. If an attorney fails, refuses, or declines to permit the
 1276  commission or the Auditor General to review documentation for a
 1277  case as provided in this paragraph, the attorney waives the
 1278  right to seek, and the commission may not pay, compensation in
 1279  excess of the flat fee established in s. 27.5304 and the General
 1280  Appropriations Act for that case.
 1281         3. A finding by the commission that an attorney has waived
 1282  the right to seek compensation in excess of the flat fee
 1283  established in s. 27.5304 and the General Appropriations Act, as
 1284  provided in this paragraph, shall be presumed to be correct,
 1285  unless the court determines, in writing, that competent and
 1286  substantial evidence exists to justify overcoming the
 1287  presumption.
 1288         (11)(a) The Cross-Jurisdictional Death Penalty Pilot
 1289  Program is established within the Office of Criminal Conflict
 1290  and Civil Regional Counsel of the Second Appellate District.
 1291         (b) If the public defender for the Fifth Judicial Circuit
 1292  or the Ninth Judicial Circuit is unable to provide
 1293  representation to an indigent defendant charged with a crime
 1294  under s. 782.04(1) or s. 790.161(4) to which the provisions of
 1295  s. 921.141 apply due to a conflict of interest and the Criminal
 1296  Conflict and Civil Regional Counsel of the Fifth Appellate
 1297  District is also unable to provide representation for an
 1298  indigent defendant due to a conflict of interest, the Criminal
 1299  Conflict and Civil Regional Counsel of the Second Appellate
 1300  District shall be appointed. If the Criminal Conflict and Civil
 1301  Regional Counsel of the Second Appellate District is unable to
 1302  provide representation to an indigent defendant due to a
 1303  conflict of interest, private counsel shall be appointed as
 1304  provided pursuant to this chapter.
 1305         (c) The Office of Criminal Conflict and Civil Regional
 1306  Counsel of the Second Appellate District shall provide a report
 1307  on the implementation of the Cross-Jurisdictional Death Penalty
 1308  Pilot Program to the Governor and the chairs of the
 1309  appropriations committees of the Senate and House of
 1310  Representatives no later than 30 days after the end of each
 1311  calendar quarter. The reports must include the number of cases
 1312  retained, the number of cases conflicted, the estimated cost
 1313  savings of the program, and any recommendations to improve the
 1314  program. The Justice Administrative Commission shall provide
 1315  data to assist with the program.
 1316         (d) This subsection expires June 30, 2021. Notwithstanding
 1317  the expiration of this subsection, appointments made pursuant to
 1318  this section before June 30, 2021, shall continue until
 1319  completion of the case.
 1320         Section 48. In order to implement Specific Appropriations
 1321  731 through 752, 916 through 1062, and 1083 through 1119 of the
 1322  2020-2021 General Appropriations Act, and notwithstanding the
 1323  expiration date in section 59 of chapter 2019-116, Laws of
 1324  Florida, subsections (1), (3), (7), and (11), and paragraphs (a)
 1325  through (e) of subsection (12) of section 27.5304, Florida
 1326  Statutes, are reenacted, and subsection (13) of that section is
 1327  amended, to read:
 1328         27.5304 Private court-appointed counsel; compensation;
 1329  notice.—
 1330         (1) Private court-appointed counsel appointed in the manner
 1331  prescribed in s. 27.40(1) and (2)(a) shall be compensated by the
 1332  Justice Administrative Commission only as provided in this
 1333  section and the General Appropriations Act. The flat fees
 1334  prescribed in this section are limitations on compensation. The
 1335  specific flat fee amounts for compensation shall be established
 1336  annually in the General Appropriations Act. The attorney also
 1337  shall be reimbursed for reasonable and necessary expenses in
 1338  accordance with s. 29.007. If the attorney is representing a
 1339  defendant charged with more than one offense in the same case,
 1340  the attorney shall be compensated at the rate provided for the
 1341  most serious offense for which he or she represented the
 1342  defendant. This section does not allow stacking of the fee
 1343  limits established by this section.
 1344         (3) The court retains primary authority and responsibility
 1345  for determining the reasonableness of all billings for attorney
 1346  fees, costs, and related expenses, subject to statutory
 1347  limitations and the requirements of s. 27.40(7). Private court
 1348  appointed counsel is entitled to compensation upon final
 1349  disposition of a case.
 1350         (7) Counsel eligible to receive compensation from the state
 1351  for representation pursuant to court appointment made in
 1352  accordance with the requirements of s. 27.40(1) and (2)(a) in a
 1353  proceeding under chapter 384, chapter 390, chapter 392, chapter
 1354  393, chapter 394, chapter 397, chapter 415, chapter 743, chapter
 1355  744, or chapter 984 shall receive compensation not to exceed the
 1356  limits prescribed in the General Appropriations Act. Any such
 1357  compensation must be determined as provided in s. 27.40(7).
 1358         (11) It is the intent of the Legislature that the flat fees
 1359  prescribed under this section and the General Appropriations Act
 1360  comprise the full and complete compensation for private court
 1361  appointed counsel. It is further the intent of the Legislature
 1362  that the fees in this section are prescribed for the purpose of
 1363  providing counsel with notice of the limit on the amount of
 1364  compensation for representation in particular proceedings and
 1365  the sole procedure and requirements for obtaining payment for
 1366  the same.
 1367         (a) If court-appointed counsel moves to withdraw prior to
 1368  the full performance of his or her duties through the completion
 1369  of the case, the court shall presume that the attorney is not
 1370  entitled to the payment of the full flat fee established under
 1371  this section and the General Appropriations Act.
 1372         (b) If court-appointed counsel is allowed to withdraw from
 1373  representation prior to the full performance of his or her
 1374  duties through the completion of the case and the court appoints
 1375  a subsequent attorney, the total compensation for the initial
 1376  and any and all subsequent attorneys may not exceed the flat fee
 1377  established under this section and the General Appropriations
 1378  Act, except as provided in subsection (12).
 1379  
 1380  This subsection constitutes notice to any subsequently appointed
 1381  attorney that he or she will not be compensated the full flat
 1382  fee.
 1383         (12) The Legislature recognizes that on rare occasions an
 1384  attorney may receive a case that requires extraordinary and
 1385  unusual effort.
 1386         (a) If counsel seeks compensation that exceeds the limits
 1387  prescribed by law, he or she must file a motion with the chief
 1388  judge for an order approving payment of attorney fees in excess
 1389  of these limits.
 1390         1. Before filing the motion, the counsel shall deliver a
 1391  copy of the intended billing, together with supporting
 1392  affidavits and all other necessary documentation, to the Justice
 1393  Administrative Commission.
 1394         2. The Justice Administrative Commission shall review the
 1395  billings, affidavit, and documentation for completeness and
 1396  compliance with contractual and statutory requirements and shall
 1397  contemporaneously document such review before authorizing
 1398  payment to an attorney. If the Justice Administrative Commission
 1399  objects to any portion of the proposed billing, the objection
 1400  and supporting reasons must be communicated in writing to the
 1401  private court-appointed counsel. The counsel may thereafter file
 1402  his or her motion, which must specify whether the commission
 1403  objects to any portion of the billing or the sufficiency of
 1404  documentation, and shall attach the commission’s letter stating
 1405  its objection.
 1406         (b) Following receipt of the motion to exceed the fee
 1407  limits, the chief judge or a single designee shall hold an
 1408  evidentiary hearing. The chief judge may select only one judge
 1409  per circuit to hear and determine motions pursuant to this
 1410  subsection, except multicounty circuits and the eleventh circuit
 1411  may have up to two designees.
 1412         1. At the hearing, the attorney seeking compensation must
 1413  prove by competent and substantial evidence that the case
 1414  required extraordinary and unusual efforts. The chief judge or
 1415  single designee shall consider criteria such as the number of
 1416  witnesses, the complexity of the factual and legal issues, and
 1417  the length of trial. The fact that a trial was conducted in a
 1418  case does not, by itself, constitute competent substantial
 1419  evidence of an extraordinary and unusual effort. In a criminal
 1420  case, relief under this section may not be granted if the number
 1421  of work hours does not exceed 75 or the number of the state’s
 1422  witnesses deposed does not exceed 20.
 1423         2. Objections by or on behalf of the Justice Administrative
 1424  Commission to records or documents or to claims for payment by
 1425  the attorney shall be presumed correct by the court unless the
 1426  court determines, in writing, that competent and substantial
 1427  evidence exists to justify overcoming the presumption. The chief
 1428  judge or single designee shall enter a written order detailing
 1429  his or her findings and identifying the extraordinary nature of
 1430  the time and efforts of the attorney in the case which warrant
 1431  exceeding the flat fee established by this section and the
 1432  General Appropriations Act.
 1433         (c) A copy of the motion and attachments shall be served on
 1434  the Justice Administrative Commission at least 20 business days
 1435  before the date of a hearing. The Justice Administrative
 1436  Commission has standing to appear before the court, and may
 1437  appear in person or telephonically, including at the hearing
 1438  under paragraph (b), to contest any motion for an order
 1439  approving payment of attorney fees, costs, or related expenses
 1440  and may participate in a hearing on the motion by use of
 1441  telephonic or other communication equipment. The Justice
 1442  Administrative Commission may contract with other public or
 1443  private entities or individuals to appear before the court for
 1444  the purpose of contesting any motion for an order approving
 1445  payment of attorney fees, costs, or related expenses. The fact
 1446  that the Justice Administrative Commission has not objected to
 1447  any portion of the billing or to the sufficiency of the
 1448  documentation is not binding on the court.
 1449         (d) If the chief judge or a single designee finds that
 1450  counsel has proved by competent and substantial evidence that
 1451  the case required extraordinary and unusual efforts, the chief
 1452  judge or single designee shall order the compensation to be paid
 1453  to the attorney at a percentage above the flat fee rate,
 1454  depending on the extent of the unusual and extraordinary effort
 1455  required. The percentage must be only the rate necessary to
 1456  ensure that the fees paid are not confiscatory under common law.
 1457  The percentage may not exceed 200 percent of the established
 1458  flat fee, absent a specific finding that 200 percent of the flat
 1459  fee in the case would be confiscatory. If the chief judge or
 1460  single designee determines that 200 percent of the flat fee
 1461  would be confiscatory, he or she shall order the amount of
 1462  compensation using an hourly rate not to exceed $75 per hour for
 1463  a noncapital case and $100 per hour for a capital case. However,
 1464  the compensation calculated by using the hourly rate shall be
 1465  only that amount necessary to ensure that the total fees paid
 1466  are not confiscatory, subject to the requirements of s.
 1467  27.40(7).
 1468         (e) Any order granting relief under this subsection must be
 1469  attached to the final request for a payment submitted to the
 1470  Justice Administrative Commission and must satisfy the
 1471  requirements of subparagraph (b)2.
 1472         (13) Notwithstanding the limitation set forth in subsection
 1473  (5) and for the 2020-2021 2019-2020 fiscal year only, the
 1474  compensation for representation in a criminal proceeding may not
 1475  exceed the following:
 1476         (a) For misdemeanors and juveniles represented at the trial
 1477  level: $1,000.
 1478         (b) For noncapital, nonlife felonies represented at the
 1479  trial level: $15,000.
 1480         (c) For life felonies represented at the trial level:
 1481  $15,000.
 1482         (d) For capital cases represented at the trial level:
 1483  $25,000. For purposes of this paragraph, a “capital case” is any
 1484  offense for which the potential sentence is death and the state
 1485  has not waived seeking the death penalty.
 1486         (e) For representation on appeal: $9,000.
 1487         (f) This subsection expires July 1, 2021 2020.
 1488         Section 49. The amendments to s. 27.40(1), (2)(a), (3)(a),
 1489  (5), (6), and (7), Florida Statutes, and 27.5304(1), (3), (7),
 1490  (11), and (12)(a)-(e), Florida Statutes, as carried forward from
 1491  chapter 2019-116, Laws of Florida, by this act, expire July 1,
 1492  2021, and the text of those subsections and paragraphs, as
 1493  applicable, shall revert to that in existence on June 30, 2019,
 1494  except that any amendments to such text enacted other than by
 1495  this act shall be preserved and continue to operate to the
 1496  extent that such amendments are not dependent upon the portions
 1497  of text which expire pursuant to this section.
 1498         Section 50. In order to implement Specific Appropriation
 1499  736 of the 2020-2021 General Appropriations Act, and
 1500  notwithstanding s. 28.35, Florida Statutes, the clerks of the
 1501  circuit court are responsible for any costs of compensation to
 1502  jurors, for meals or lodging provided to jurors, and for jury
 1503  related personnel costs that exceed the funding provided in the
 1504  General Appropriations Act for these purposes. This section
 1505  expires July 1, 2021.
 1506         Section 51. In order to implement Specific Appropriations
 1507  916 through 1062 of the 2020-2021 General Appropriations Act,
 1508  and notwithstanding the expiration date in section 63 of chapter
 1509  2019-116, Laws of Florida, paragraph (c) of subsection (19) of
 1510  section 318.18, Florida Statutes, is reenacted to read:
 1511         318.18 Amount of penalties.—The penalties required for a
 1512  noncriminal disposition pursuant to s. 318.14 or a criminal
 1513  offense listed in s. 318.17 are as follows:
 1514         (19) In addition to any penalties imposed, an Article V
 1515  assessment of $10 must be paid for all noncriminal moving and
 1516  nonmoving violations under chapters 316, 320, and 322. The
 1517  assessment is not revenue for purposes of s. 28.36 and may not
 1518  be used in establishing the budget of the clerk of the court
 1519  under that section or s. 28.35. Of the funds collected under
 1520  this subsection:
 1521         (c) The sum of $1.67 shall be deposited in the Indigent
 1522  Criminal Defense Trust Fund for use by the public defenders.
 1523         Section 52. In order to implement Specific Appropriations
 1524  916 through 1062 of the 2020-2021 General Appropriations Act,
 1525  and notwithstanding the expiration date in section 63 of chapter
 1526  2019-116, Laws of Florida, paragraph (b) of subsection (12) of
 1527  section 817.568, Florida Statutes, is reenacted to read:
 1528         817.568 Criminal use of personal identification
 1529  information.—
 1530         (12) In addition to any sanction imposed when a person
 1531  pleads guilty or nolo contendere to, or is found guilty of,
 1532  regardless of adjudication, a violation of this section, the
 1533  court shall impose a surcharge of $1,001.
 1534         (b) The sum of $250 of the surcharge shall be deposited
 1535  into the State Attorneys Revenue Trust Fund for the purpose of
 1536  funding prosecutions of offenses relating to the criminal use of
 1537  personal identification information. The sum of $250 of the
 1538  surcharge shall be deposited into the Indigent Criminal Defense
 1539  Trust Fund for the purposes of indigent criminal defense related
 1540  to the criminal use of personal identification information.
 1541         Section 53. The text of ss. 318.18(19)(c) and
 1542  817.568(12)(b), Florida Statutes, as carried forward from
 1543  chapter 2018-10, Laws of Florida, by this act, expires July 1,
 1544  2021, and the text of those paragraphs shall revert to that in
 1545  existence on June 30, 2018, except that any amendments to such
 1546  text enacted other than by this act shall be preserved and
 1547  continue to operate to the extent that such amendments are not
 1548  dependent upon the portions of text which expire pursuant to
 1549  this section.
 1550         Section 54. In order to implement appropriations used to
 1551  pay existing lease contracts for private lease space in excess
 1552  of 2,000 square feet in the 2020-2021 General Appropriations
 1553  Act, the Department of Management Services, with the cooperation
 1554  of the agencies having the existing lease contracts for office
 1555  or storage space, shall use tenant broker services to
 1556  renegotiate or reprocure all private lease agreements for office
 1557  or storage space expiring between July 1, 2021, and June 30,
 1558  2023, in order to reduce costs in future years. The department
 1559  shall incorporate this initiative into its 2020 master leasing
 1560  report required under s. 255.249(7), Florida Statutes, and may
 1561  use tenant broker services to explore the possibilities of
 1562  colocating office or storage space, to review the space needs of
 1563  each agency, and to review the length and terms of potential
 1564  renewals or renegotiations. The department shall provide a
 1565  report to the Executive Office of the Governor, the President of
 1566  the Senate, and the Speaker of the House of Representatives by
 1567  November 1, 2020, which lists each lease contract for private
 1568  office or storage space, the status of renegotiations, and the
 1569  savings achieved. This section expires July 1, 2021.
 1570         Section 55. In order to implement appropriations authorized
 1571  in the 2020-2021 General Appropriations Act for data center
 1572  services, and notwithstanding s. 216.292(2)(a), Florida
 1573  Statutes, an agency may not transfer funds from a data
 1574  processing category to a category other than another data
 1575  processing category. This section expires July 1, 2021.
 1576         Section 56. In order to implement the appropriation of
 1577  funds in the appropriation category “Data Processing Assessment
 1578  Department of Management Services” in the 2020-2021 General
 1579  Appropriations Act, and pursuant to the notice, review, and
 1580  objection procedures of s. 216.177, Florida Statutes, the
 1581  Executive Office of the Governor may transfer funds appropriated
 1582  in that category between departments in order to align the
 1583  budget authority granted based on the estimated billing cycle
 1584  and methodology used by the Department of Management Services
 1585  for data processing services provided. This section expires July
 1586  1, 2021.
 1587         Section 57. In order to implement the appropriation of
 1588  funds in the appropriation category “Special Categories-Risk
 1589  Management Insurance” in the 2020-2021 General Appropriations
 1590  Act, and pursuant to the notice, review, and objection
 1591  procedures of s. 216.177, Florida Statutes, the Executive Office
 1592  of the Governor may transfer funds appropriated in that category
 1593  between departments in order to align the budget authority
 1594  granted with the premiums paid by each department for risk
 1595  management insurance. This section expires July 1, 2021.
 1596         Section 58. In order to implement the appropriation of
 1597  funds in the appropriation category “Special Categories-Transfer
 1598  to Department of Management Services-Human Resources Services
 1599  Purchased per Statewide Contract” in the 2020-2021 General
 1600  Appropriations Act, and pursuant to the notice, review, and
 1601  objection procedures of s. 216.177, Florida Statutes, the
 1602  Executive Office of the Governor may transfer funds appropriated
 1603  in that category between departments in order to align the
 1604  budget authority granted with the assessments that must be paid
 1605  by each agency to the Department of Management Services for
 1606  human resource management services. This section expires July 1,
 1607  2021.
 1608         Section 59. In order to implement Specific Appropriations
 1609  2388 through 2391 of the 2020-2021 General Appropriations Act:
 1610         (1)The Department of Financial Services shall replace the
 1611  four main components of the Florida Accounting Information
 1612  Resource Subsystem (FLAIR), which include central FLAIR,
 1613  departmental FLAIR, payroll, and information warehouse, and
 1614  shall replace the cash management and accounting management
 1615  components of the Cash Management Subsystem (CMS) with an
 1616  integrated enterprise system that allows the state to organize,
 1617  define, and standardize its financial management business
 1618  processes and that complies with ss. 215.90-215.96, Florida
 1619  Statutes. The department may not include in the replacement of
 1620  FLAIR and CMS:
 1621         (a)Functionality that duplicates any of the other
 1622  information subsystems of the Florida Financial Management
 1623  Information System; or
 1624         (b)Agency business processes related to any of the
 1625  functions included in the Personnel Information System, the
 1626  Purchasing Subsystem, or the Legislative Appropriations
 1627  System/Planning and Budgeting Subsystem.
 1628         (2)For purposes of replacing FLAIR and CMS, the Department
 1629  of Financial Services shall:
 1630         (a)Take into consideration the cost and implementation
 1631  data identified for Option 3 as recommended in the March 31,
 1632  2014, Florida Department of Financial Services FLAIR Study,
 1633  version 031.
 1634         (b)Ensure that all business requirements and technical
 1635  specifications have been provided to all state agencies for
 1636  their review and input and approved by the executive steering
 1637  committee established in paragraph (c).
 1638         (c)Implement a project governance structure that includes
 1639  an executive steering committee composed of:
 1640         1.The Chief Financial Officer or the executive sponsor of
 1641  the project.
 1642         2.A representative of the Division of Treasury of the
 1643  Department of Financial Services, appointed by the Chief
 1644  Financial Officer.
 1645         3.A representative of the Division of Information Systems
 1646  of the Department of Financial Services, appointed by the Chief
 1647  Financial Officer.
 1648         4.Four employees from the Division of Accounting and
 1649  Auditing of the Department of Financial Services, appointed by
 1650  the Chief Financial Officer. Each employee must have experience
 1651  relating to at least one of the four main components that
 1652  comprise FLAIR.
 1653         5.Two employees from the Executive Office of the Governor,
 1654  appointed by the Governor. One employee must have experience
 1655  relating to the Legislative Appropriations System/Planning and
 1656  Budgeting Subsystem.
 1657         6.One employee from the Department of Revenue, appointed
 1658  by the executive director, who has experience relating to the
 1659  department’s SUNTAX system.
 1660         7.Two employees from the Department of Management
 1661  Services, appointed by the Secretary of Management Services. One
 1662  employee must have experience relating to the department’s
 1663  personnel information subsystem, and one employee must have
 1664  experience relating to the department’s purchasing subsystem.
 1665         8.Three state agency administrative services directors,
 1666  appointed by the Governor. One director must represent a
 1667  regulatory and licensing state agency, and one director must
 1668  represent a healthcare-related state agency.
 1669         (3)The Chief Financial Officer or the executive sponsor of
 1670  the project shall serve as chair of the executive steering
 1671  committee, and the committee shall take action by a vote of at
 1672  least eight affirmative votes with the Chief Financial Officer
 1673  or the executive sponsor of the project voting on the prevailing
 1674  side. A quorum of the executive steering committee consists of
 1675  at least 10 members.
 1676         (4)The executive steering committee has the overall
 1677  responsibility for ensuring that the project to replace FLAIR
 1678  and CMS meets its primary business objectives and shall:
 1679         (a)Identify and recommend to the Executive Office of the
 1680  Governor, the President of the Senate, and the Speaker of the
 1681  House of Representatives any statutory changes needed to
 1682  implement the replacement subsystem that will standardize, to
 1683  the fullest extent possible, the state’s financial management
 1684  business processes.
 1685         (b)Review and approve any changes to the project’s scope,
 1686  schedule, and budget which do not conflict with the requirements
 1687  of subsection (1).
 1688         (c)Ensure that adequate resources are provided throughout
 1689  all phases of the project.
 1690         (d)Approve all major project deliverables.
 1691         (e)Approve all solicitation-related documents associated
 1692  with the replacement of FLAIR and CMS.
 1693         (5)This section expires July 1, 2021.
 1694         Section 60. In order to implement Specific Appropriation
 1695  1633 of the 2020-2021 General Appropriations Act, paragraph (d)
 1696  of subsection (11) of section 216.181, Florida Statutes, is
 1697  amended to read:
 1698         216.181 Approved budgets for operations and fixed capital
 1699  outlay.—
 1700         (11)
 1701         (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
 1702  for the 2020-2021 2019-2020 fiscal year only, the Legislative
 1703  Budget Commission may increase the amounts appropriated to the
 1704  Fish and Wildlife Conservation Commission or the Department of
 1705  Environmental Protection for fixed capital outlay projects,
 1706  including additional fixed capital outlay projects, using funds
 1707  provided to the state from the Gulf Environmental Benefit Fund
 1708  administered by the National Fish and Wildlife Foundation; funds
 1709  provided to the state from the Gulf Coast Restoration Trust Fund
 1710  related to the Resources and Ecosystems Sustainability, Tourist
 1711  Opportunities, and Revived Economies of the Gulf Coast Act of
 1712  2012 (RESTORE Act); or funds provided by the British Petroleum
 1713  Corporation (BP) for natural resource damage assessment
 1714  restoration projects. Concurrent with submission of an amendment
 1715  to the Legislative Budget Commission pursuant to this paragraph,
 1716  any project that carries a continuing commitment for future
 1717  appropriations by the Legislature must be specifically
 1718  identified, together with the projected amount of the future
 1719  commitment associated with the project and the fiscal years in
 1720  which the commitment is expected to commence. This paragraph
 1721  expires July 1, 2021 2020.
 1722  
 1723  The provisions of this subsection are subject to the notice and
 1724  objection procedures set forth in s. 216.177.
 1725         Section 61. In order to implement specific appropriations
 1726  from the land acquisition trust funds within the Department of
 1727  Agriculture and Consumer Services, the Department of
 1728  Environmental Protection, the Department of State, and the Fish
 1729  and Wildlife Conservation Commission, which are contained in the
 1730  2020-2021 General Appropriations Act, subsection (3) of section
 1731  215.18, Florida Statutes, is amended to read:
 1732         215.18 Transfers between funds; limitation.—
 1733         (3) Notwithstanding subsection (1) and only with respect to
 1734  a land acquisition trust fund in the Department of Agriculture
 1735  and Consumer Services, the Department of Environmental
 1736  Protection, the Department of State, or the Fish and Wildlife
 1737  Conservation Commission, whenever there is a deficiency in a
 1738  land acquisition trust fund which would render that trust fund
 1739  temporarily insufficient to meet its just requirements,
 1740  including the timely payment of appropriations from that trust
 1741  fund, and other trust funds in the State Treasury have moneys
 1742  that are for the time being or otherwise in excess of the
 1743  amounts necessary to meet the just requirements, including
 1744  appropriated obligations, of those other trust funds, the
 1745  Governor may order a temporary transfer of moneys from one or
 1746  more of the other trust funds to a land acquisition trust fund
 1747  in the Department of Agriculture and Consumer Services, the
 1748  Department of Environmental Protection, the Department of State,
 1749  or the Fish and Wildlife Conservation Commission. Any action
 1750  proposed pursuant to this subsection is subject to the notice,
 1751  review, and objection procedures of s. 216.177, and the Governor
 1752  shall provide notice of such action at least 7 days before the
 1753  effective date of the transfer of trust funds, except that
 1754  during July 2020 2019, notice of such action shall be provided
 1755  at least 3 days before the effective date of a transfer unless
 1756  such 3-day notice is waived by the chair and vice-chair of the
 1757  Legislative Budget Commission. Any transfer of trust funds to a
 1758  land acquisition trust fund in the Department of Agriculture and
 1759  Consumer Services, the Department of Environmental Protection,
 1760  the Department of State, or the Fish and Wildlife Conservation
 1761  Commission must be repaid to the trust funds from which the
 1762  moneys were loaned by the end of the 2020-2021 2019-2020 fiscal
 1763  year. The Legislature has determined that the repayment of the
 1764  other trust fund moneys temporarily loaned to a land acquisition
 1765  trust fund in the Department of Agriculture and Consumer
 1766  Services, the Department of Environmental Protection, the
 1767  Department of State, or the Fish and Wildlife Conservation
 1768  Commission pursuant to this subsection is an allowable use of
 1769  the moneys in a land acquisition trust fund because the moneys
 1770  from other trust funds temporarily loaned to a land acquisition
 1771  trust fund shall be expended solely and exclusively in
 1772  accordance with s. 28, Art. X of the State Constitution. This
 1773  subsection expires July 1, 2021 2020.
 1774         Section 62. (1)In order to implement specific
 1775  appropriations from the land acquisition trust funds within the
 1776  Department of Agriculture and Consumer Services, the Department
 1777  of Environmental Protection, the Department of State, and the
 1778  Fish and Wildlife Conservation Commission, which are contained
 1779  in the 2020-2021 General Appropriations Act, the Department of
 1780  Environmental Protection shall transfer revenues from the Land
 1781  Acquisition Trust Fund within the department to the land
 1782  acquisition trust funds within the Department of Agriculture and
 1783  Consumer Services, the Department of State, and the Fish and
 1784  Wildlife Conservation Commission, as provided in this section.
 1785  As used in this section, the term “department” means the
 1786  Department of Environmental Protection.
 1787         (2)After subtracting any required debt service payments,
 1788  the proportionate share of revenues to be transferred to each
 1789  land acquisition trust fund shall be calculated by dividing the
 1790  appropriations from each of the land acquisition trust funds for
 1791  the fiscal year by the total appropriations from the Land
 1792  Acquisition Trust Fund within the department and the land
 1793  acquisition trust funds within the Department of Agriculture and
 1794  Consumer Services, the Department of State, and the Fish and
 1795  Wildlife Conservation Commission for the fiscal year. The
 1796  department shall transfer the proportionate share of the
 1797  revenues in the Land Acquisition Trust Fund within the
 1798  department on a monthly basis to the appropriate land
 1799  acquisition trust funds within the Department of Agriculture and
 1800  Consumer Services, the Department of State, and the Fish and
 1801  Wildlife Conservation Commission and shall retain its
 1802  proportionate share of the revenues in the Land Acquisition
 1803  Trust Fund within the department. Total distributions to a land
 1804  acquisition trust fund within the Department of Agriculture and
 1805  Consumer Services, the Department of State, and the Fish and
 1806  Wildlife Conservation Commission may not exceed the total
 1807  appropriations from such trust fund for the fiscal year.
 1808         (3)In addition, the department shall transfer from the
 1809  Land Acquisition Trust Fund to land acquisition trust funds
 1810  within the Department of Agriculture and Consumer Services, the
 1811  Department of State, and the Fish and Wildlife Conservation
 1812  Commission amounts equal to the difference between the amounts
 1813  appropriated in chapter 2019-115, Laws of Florida, to the
 1814  department’s Land Acquisition Trust Fund and the other land
 1815  acquisition trust funds, and the amounts actually transferred
 1816  between those trust funds during the 2019-2020 fiscal year.
 1817         (4)The department may advance funds from the beginning
 1818  unobligated fund balance in the Land Acquisition Trust Fund to
 1819  the Land Acquisition Trust Fund within the Fish and Wildlife
 1820  Conservation Commission needed for cash flow purposes based on a
 1821  detailed expenditure plan. The department shall prorate amounts
 1822  transferred quarterly to the Fish and Wildlife Conservation
 1823  Commission to recoup the amount of funds advanced by June 30,
 1824  2021.
 1825         (5)This section expires July 1, 2021.
 1826         Section 63. In order to implement Specific Appropriation
 1827  1763 of the 2020-2021 General Appropriations Act, paragraph (e)
 1828  of subsection (11) of section 216.181, Florida Statutes, is
 1829  amended to read:
 1830         216.181 Approved budgets for operations and fixed capital
 1831  outlay.—
 1832         (11)
 1833         (e) Notwithstanding paragraph (b) and paragraph (2)(b), and
 1834  for the 2020-2021 2019-2020 fiscal year only, the Legislative
 1835  Budget Commission may increase the amounts appropriated to the
 1836  Department of Environmental Protection for fixed capital outlay
 1837  projects using funds provided to the state from the
 1838  environmental mitigation trust administered by a trustee
 1839  designated by the United States District Court for the Northern
 1840  District of California for eligible mitigation actions and
 1841  mitigation action expenditures described in the partial consent
 1842  decree entered into between the United States of America and
 1843  Volkswagen relating to violations of the Clean Air Act.
 1844  Concurrent with submission of an amendment to the Legislative
 1845  Budget Commission pursuant to this paragraph, any project that
 1846  carries a continuing commitment for future appropriations by the
 1847  Legislature must be specifically identified, together with the
 1848  projected amount of the future commitment associated with the
 1849  project and the fiscal years in which the commitment is expected
 1850  to commence. This paragraph expires July 1, 2021 2020.
 1851  
 1852  The provisions of this subsection are subject to the notice and
 1853  objection procedures set forth in s. 216.177.
 1854         Section 64. In order to implement Specific Appropriations
 1855  1443 through 1452 of the 2020-2021 General Appropriations Act,
 1856  subsection (4) of section 570.441, Florida Statutes, is amended
 1857  to read:
 1858         570.441 Pest Control Trust Fund.—
 1859         (4) In addition to the uses authorized under subsection
 1860  (2), moneys collected or received by the department under
 1861  chapter 482 may be used to carry out the provisions of s.
 1862  570.44. This subsection expires June 30, 2021 2020.
 1863         Section 65. In order to implement Specific Appropriation
 1864  1380 of the 2020-2021 General Appropriations Act, and
 1865  notwithstanding the expiration date in section 91 of chapter
 1866  2019-116, Laws of Florida, paragraph (a) of subsection (1) of
 1867  section 570.93, Florida Statutes, is reenacted to read:
 1868         570.93 Department of Agriculture and Consumer Services;
 1869  agricultural water conservation and agricultural water supply
 1870  planning.—
 1871         (1) The department shall establish an agricultural water
 1872  conservation program that includes the following:
 1873         (a) A cost-share program, coordinated with the United
 1874  States Department of Agriculture and other federal, state,
 1875  regional, and local agencies when appropriate, for irrigation
 1876  system retrofit and application of mobile irrigation laboratory
 1877  evaluations, and for water conservation and water quality
 1878  improvement pursuant to s. 403.067(7)(c).
 1879         Section 66. The amendment to s. 570.93(1)(a), Florida
 1880  Statutes, as carried forward from chapter 2019-116, Laws of
 1881  Florida, by this act, expires July 1, 2021, and the text of that
 1882  paragraph shall revert to that in existence on June 30, 2019,
 1883  except that any amendments to such text enacted other than by
 1884  this act shall be preserved and continue to operate to the
 1885  extent that such amendments are not dependent upon the portions
 1886  of text which expire pursuant to this section.
 1887         Section 67. In order to implement Specific Appropriation
 1888  1728 of the 2020-2021 General Appropriations Act, paragraph (m)
 1889  of subsection (3) of section 259.105, Florida Statutes, is
 1890  amended to read:
 1891         259.105 The Florida Forever Act.—
 1892         (3) Less the costs of issuing and the costs of funding
 1893  reserve accounts and other costs associated with bonds, the
 1894  proceeds of cash payments or bonds issued pursuant to this
 1895  section shall be deposited into the Florida Forever Trust Fund
 1896  created by s. 259.1051. The proceeds shall be distributed by the
 1897  Department of Environmental Protection in the following manner:
 1898         (m) Notwithstanding paragraphs (a)-(j) and for the 2020
 1899  2021 2019-2020 fiscal year, the amount of $6 $33 million to only
 1900  the Division of State Lands within the Department of
 1901  Environmental Protection for grants pursuant to s. 375.075 the
 1902  Board of Trustees Florida Forever Priority List land acquisition
 1903  projects. This paragraph expires July 1, 2021 2020.
 1904         Section 68. In order to implement appropriations from the
 1905  Land Acquisition Trust Fund within the Department of
 1906  Environmental Protection, paragraph (b) of subsection (3) of
 1907  section 375.041, Florida Statutes, is amended to read:
 1908         375.041 Land Acquisition Trust Fund.—
 1909         (3) Funds distributed into the Land Acquisition Trust Fund
 1910  pursuant to s. 201.15 shall be applied:
 1911         (b) Of the funds remaining after the payments required
 1912  under paragraph (a), but before funds may be appropriated,
 1913  pledged, or dedicated for other uses:
 1914         1. A minimum of the lesser of 25 percent or $200 million
 1915  shall be appropriated annually for Everglades projects that
 1916  implement the Comprehensive Everglades Restoration Plan as set
 1917  forth in s. 373.470, including the Central Everglades Planning
 1918  Project subject to Congressional authorization; the Long-Term
 1919  Plan as defined in s. 373.4592(2); and the Northern Everglades
 1920  and Estuaries Protection Program as set forth in s. 373.4595.
 1921  From these funds, $32 million shall be distributed each fiscal
 1922  year through the 2023-2024 fiscal year to the South Florida
 1923  Water Management District for the Long-Term Plan as defined in
 1924  s. 373.4592(2). After deducting the $32 million distributed
 1925  under this subparagraph, from the funds remaining, a minimum of
 1926  the lesser of 76.5 percent or $100 million shall be appropriated
 1927  each fiscal year through the 2025-2026 fiscal year for the
 1928  planning, design, engineering, and construction of the
 1929  Comprehensive Everglades Restoration Plan as set forth in s.
 1930  373.470, including the Central Everglades Planning Project, the
 1931  Everglades Agricultural Area Storage Reservoir Project, the Lake
 1932  Okeechobee Watershed Project, the C-43 West Basin Storage
 1933  Reservoir Project, the Indian River Lagoon-South Project, the
 1934  Western Everglades Restoration Project, and the Picayune Strand
 1935  Restoration Project. The Department of Environmental Protection
 1936  and the South Florida Water Management District shall give
 1937  preference to those Everglades restoration projects that reduce
 1938  harmful discharges of water from Lake Okeechobee to the St.
 1939  Lucie or Caloosahatchee estuaries in a timely manner. For the
 1940  purpose of performing the calculation provided in this
 1941  subparagraph, the amount of debt service paid pursuant to
 1942  paragraph (a) for bonds issued after July 1, 2016, for the
 1943  purposes set forth under paragraph (b) shall be added to the
 1944  amount remaining after the payments required under paragraph
 1945  (a). The amount of the distribution calculated shall then be
 1946  reduced by an amount equal to the debt service paid pursuant to
 1947  paragraph (a) on bonds issued after July 1, 2016, for the
 1948  purposes set forth under this subparagraph.
 1949         2. A minimum of the lesser of 7.6 percent or $50 million
 1950  shall be appropriated annually for spring restoration,
 1951  protection, and management projects. For the purpose of
 1952  performing the calculation provided in this subparagraph, the
 1953  amount of debt service paid pursuant to paragraph (a) for bonds
 1954  issued after July 1, 2016, for the purposes set forth under
 1955  paragraph (b) shall be added to the amount remaining after the
 1956  payments required under paragraph (a). The amount of the
 1957  distribution calculated shall then be reduced by an amount equal
 1958  to the debt service paid pursuant to paragraph (a) on bonds
 1959  issued after July 1, 2016, for the purposes set forth under this
 1960  subparagraph.
 1961         3. The sum of $5 million shall be appropriated annually
 1962  each fiscal year through the 2025-2026 fiscal year to the St.
 1963  Johns River Water Management District for projects dedicated to
 1964  the restoration of Lake Apopka. This distribution shall be
 1965  reduced by an amount equal to the debt service paid pursuant to
 1966  paragraph (a) on bonds issued after July 1, 2016, for the
 1967  purposes set forth in this subparagraph.
 1968         4. The sum of $64 million is appropriated and shall be
 1969  transferred to the Everglades Trust Fund for the 2018-2019
 1970  fiscal year, and each fiscal year thereafter, for the EAA
 1971  reservoir project pursuant to s. 373.4598. Any funds remaining
 1972  in any fiscal year shall be made available only for Phase II of
 1973  the C-51 reservoir project or projects identified in
 1974  subparagraph 1. and must be used in accordance with laws
 1975  relating to such projects. Any funds made available for such
 1976  purposes in a fiscal year are in addition to the amount
 1977  appropriated under subparagraph 1. This distribution shall be
 1978  reduced by an amount equal to the debt service paid pursuant to
 1979  paragraph (a) on bonds issued after July 1, 2017, for the
 1980  purposes set forth in this subparagraph.
 1981         5. Notwithstanding subparagraph 3., for the 2020-2021 2019
 1982  2020 fiscal year, funds shall be appropriated as provided in the
 1983  General Appropriations Act. This subparagraph expires July 1,
 1984  2021 2020.
 1985         Section 69. In order to implement Specific Appropriation
 1986  2659 of the 2020-2021 General Appropriations Act, paragraph (b)
 1987  of subsection (3) and subsection (5) of section 321.04, Florida
 1988  Statutes, are amended to read:
 1989         321.04 Personnel of the highway patrol; rank
 1990  classifications; probationary status of new patrol officers;
 1991  subsistence; special assignments.—
 1992         (3)
 1993         (b) For the 2020-2021 2019-2020 fiscal year only, upon the
 1994  request of the Governor, the Department of Highway Safety and
 1995  Motor Vehicles shall assign one or more patrol officers to the
 1996  office of the Lieutenant Governor for security services. This
 1997  paragraph expires July 1, 2021 2020.
 1998         (5) For the 2020-2021 2019-2020 fiscal year only, the
 1999  assignment of a patrol officer by the department shall include a
 2000  Cabinet member specified in s. 4, Art. IV of the State
 2001  Constitution if deemed appropriate by the department or in
 2002  response to a threat and upon written request of such Cabinet
 2003  member. This subsection expires July 1, 2021 2020.
 2004         Section 70. In order to implement Specific Appropriation
 2005  2282 of the 2020-2021 General Appropriations Act, subsection (3)
 2006  of section 420.9079, Florida Statutes, is amended to read:
 2007         420.9079 Local Government Housing Trust Fund.—
 2008         (3) For the 2020-2021 2019-2020 fiscal year, funds may be
 2009  used as provided in the General Appropriations Act. This
 2010  subsection expires July 1, 2021 2020.
 2011         Section 71. In order to implement Specific Appropriation
 2012  2281 of the 2020-2021 General Appropriations Act, subsection (2)
 2013  of section 420.0005, Florida Statutes, is amended to read:
 2014         420.0005 State Housing Trust Fund; State Housing Fund.—
 2015         (2) For the 2020-2021 2019-2020 fiscal year, funds may be
 2016  used as provided in the General Appropriations Act. This
 2017  subsection expires July 1, 2021 2020.
 2018         Section 72. In order to implement Specific Appropriation
 2019  2294 of the 2020-2021 General Appropriations Act, subsection
 2020  (14) of section 288.1226, Florida Statutes, is amended to read:
 2021         288.1226 Florida Tourism Industry Marketing Corporation;
 2022  use of property; board of directors; duties; audit.—
 2023         (14) REPEAL.—This section is repealed July 1, 2021 2020,
 2024  unless reviewed and saved from repeal by the Legislature.
 2025         Section 73. In order to implement Specific Appropriation
 2026  2294 of the 2020-2021 General Appropriations Act, subsection (6)
 2027  of section 288.923, Florida Statutes, is amended to read:
 2028         288.923 Division of Tourism Marketing; definitions;
 2029  responsibilities.—
 2030         (6) This section is repealed July 1, 2021 2020, unless
 2031  reviewed and saved from repeal by the Legislature.
 2032         Section 74. In order to implement Specific Appropriation
 2033  1915 of the 2020-2021 General Appropriations Act, paragraph (g)
 2034  of subsection (8) of section 338.2278, Florida Statutes, is
 2035  amended to read:
 2036         338.2278 Multi-use Corridors of Regional Economic
 2037  Significance Program.—
 2038         (8) The amounts identified in subsection (7) by fiscal year
 2039  shall be allocated as follows:
 2040         (g)1.Except as provided in subparagraph 2., in each fiscal
 2041  year in which funding provided under this subsection for the
 2042  Small County Road Assistance Program, the Small County Outreach
 2043  Program, the Transportation Disadvantaged Trust Fund, or the
 2044  workforce development program is not committed by the end of
 2045  each fiscal year, such uncommitted funds shall be used by the
 2046  department to fund Multi-use Corridors of Regional Economic
 2047  Significance Program projects. As provided in s. 339.135(7), the
 2048  adopted work program may be amended to transfer funds between
 2049  appropriations categories or to increase an appropriation
 2050  category to implement this paragraph.
 2051         2. For the 2020-2021 fiscal year, funding provided under
 2052  this subsection for the Transportation Disadvantaged Trust Fund
 2053  under paragraph (a) which is uncommitted at the end of the 2019
 2054  2020 fiscal year may be used as provided in the General
 2055  Appropriations Act. This subparagraph expires July 1, 2021.
 2056         Section 75. In order to implement Specific Appropriations
 2057  1916 through 1929, 1929F through 1929J, 1944 through 1951, 1953
 2058  through 1962, and 1999A through 2011 of the 2020-2021 General
 2059  Appropriations Act, paragraphs (g) and (h) of subsection (7) of
 2060  section 339.135, Florida Statutes, are amended to read:
 2061         339.135 Work program; legislative budget request;
 2062  definitions; preparation, adoption, execution, and amendment.—
 2063         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
 2064         (g)1. Any work program amendment which also requires the
 2065  transfer of fixed capital outlay appropriations between
 2066  categories within the department or the increase of an
 2067  appropriation category is subject to the approval of the
 2068  Legislative Budget Commission.
 2069         2. If a meeting of the Legislative Budget Commission cannot
 2070  be held within 30 days after the department submits an amendment
 2071  to the Legislative Budget Commission, the chair and vice chair
 2072  of the Legislative Budget Commission may authorize such
 2073  amendment to be approved pursuant to s. 216.177. This
 2074  subparagraph expires July 1, 2021 2020.
 2075         (h)1. Any work program amendment that also adds a new
 2076  project, or phase thereof, to the adopted work program in excess
 2077  of $3 million is subject to approval by the Legislative Budget
 2078  Commission. Any work program amendment submitted under this
 2079  paragraph must include, as supplemental information, a list of
 2080  projects, or phases thereof, in the current 5-year adopted work
 2081  program which are eligible for the funds within the
 2082  appropriation category being used for the proposed amendment.
 2083  The department shall provide a narrative with the rationale for
 2084  not advancing an existing project, or phase thereof, in lieu of
 2085  the proposed amendment.
 2086         2. If a meeting of the Legislative Budget Commission cannot
 2087  be held within 30 days after the department submits an amendment
 2088  to the commission, the chair and vice chair of the commission
 2089  may authorize such amendment to be approved pursuant to s.
 2090  216.177. This subparagraph expires July 1, 2021.
 2091         Section 76. In order to implement Specific Appropriation
 2092  2599 of the 2020-2021 General Appropriations Act, paragraph (d)
 2093  of subsection (4) of section 112.061, Florida Statutes, is
 2094  amended to read:
 2095         112.061 Per diem and travel expenses of public officers,
 2096  employees, and authorized persons; statewide travel management
 2097  system.—
 2098         (4) OFFICIAL HEADQUARTERS.—The official headquarters of an
 2099  officer or employee assigned to an office shall be the city or
 2100  town in which the office is located except that:
 2101         (d) A Lieutenant Governor who permanently resides outside
 2102  of Leon County, may, if he or she so requests, have an
 2103  appropriate facility in his or her county designated as his or
 2104  her official headquarters for purposes of this section. This
 2105  official headquarters may only serve as the Lieutenant
 2106  Governor’s personal office. The Lieutenant Governor may not use
 2107  state funds to lease space in any facility for his or her
 2108  official headquarters.
 2109         1. A Lieutenant Governor for whom an official headquarters
 2110  is established in his or her county of residence pursuant to
 2111  this paragraph is eligible for subsistence at a rate to be
 2112  established by the Governor for each day or partial day that the
 2113  Lieutenant Governor is at the State Capitol to conduct official
 2114  state business. In addition to the subsistence allowance, a
 2115  Lieutenant Governor is eligible for reimbursement for
 2116  transportation expenses as provided in subsection (7) for travel
 2117  between the Lieutenant Governor’s official headquarters and the
 2118  State Capitol to conduct state business.
 2119         2. Payment of subsistence and reimbursement for
 2120  transportation between a Lieutenant Governor’s official
 2121  headquarters and the State Capitol shall be made to the extent
 2122  appropriated funds are available, as determined by the Governor.
 2123         3. This paragraph expires July 1, 2021 2020.
 2124         Section 77. In order to implement the salaries and
 2125  benefits, expenses, other personal services, contracted
 2126  services, and operating capital outlay categories of the 2020
 2127  2021 General Appropriations Act, paragraph (a) of subsection (2)
 2128  of section 216.292, Florida Statutes, is amended to read:
 2129         216.292 Appropriations nontransferable; exceptions.—
 2130         (2) The following transfers are authorized to be made by
 2131  the head of each department or the Chief Justice of the Supreme
 2132  Court whenever it is deemed necessary by reason of changed
 2133  conditions:
 2134         (a) The transfer of appropriations funded from identical
 2135  funding sources, except appropriations for fixed capital outlay,
 2136  and the transfer of amounts included within the total original
 2137  approved budget and plans of releases of appropriations as
 2138  furnished pursuant to ss. 216.181 and 216.192, as follows:
 2139         1. Between categories of appropriations within a budget
 2140  entity, if no category of appropriation is increased or
 2141  decreased by more than 5 percent of the original approved budget
 2142  or $250,000, whichever is greater, by all action taken under
 2143  this subsection.
 2144         2. Between budget entities within identical categories of
 2145  appropriations, if no category of appropriation is increased or
 2146  decreased by more than 5 percent of the original approved budget
 2147  or $250,000, whichever is greater, by all action taken under
 2148  this subsection.
 2149         3. Any agency exceeding salary rate established pursuant to
 2150  s. 216.181(8) on June 30th of any fiscal year shall not be
 2151  authorized to make transfers pursuant to subparagraphs 1. and 2.
 2152  in the subsequent fiscal year.
 2153         4. Notice of proposed transfers under subparagraphs 1. and
 2154  2. shall be provided to the Executive Office of the Governor and
 2155  the chairs of the legislative appropriations committees at least
 2156  3 days prior to agency implementation in order to provide an
 2157  opportunity for review. The review shall be limited to ensuring
 2158  that the transfer is in compliance with the requirements of this
 2159  paragraph.
 2160         5. For the 2020-2021 2019-2020 fiscal year, the review
 2161  shall ensure that transfers proposed pursuant to this paragraph
 2162  comply with this chapter, maximize the use of available and
 2163  appropriate trust funds, and are not contrary to legislative
 2164  policy and intent. This subparagraph expires July 1, 2021 2020.
 2165         Section 78. In order to implement section 8 of the 2020
 2166  2021 General Appropriations Act, notwithstanding s.
 2167  110.123(3)(f) and (j), Florida Statutes, the Department of
 2168  Management Services shall maintain and offer the same PPO and
 2169  HMO health plan alternatives to the participants of the state
 2170  group health insurance program during the 2020-2021 fiscal year
 2171  which were in effect for the 2019-2020 fiscal year. This section
 2172  expires July 1, 2021.
 2173         Section 79. In order to implement the appropriation of
 2174  funds in the special categories, contracted services, and
 2175  expenses categories of the 2020-2021 General Appropriations Act,
 2176  a state agency may not initiate a competitive solicitation for a
 2177  product or service if the completion of such competitive
 2178  solicitation would:
 2179         (1)Require a change in law; or
 2180         (2)Require a change to the agency’s budget other than a
 2181  transfer authorized in s. 216.292(2) or (3), Florida Statutes,
 2182  unless the initiation of such competitive solicitation is
 2183  specifically authorized in law, in the General Appropriations
 2184  Act, or by the Legislative Budget Commission.
 2185  
 2186  This section does not apply to a competitive solicitation for
 2187  which the agency head certifies that a valid emergency exists.
 2188  This section expires July 1, 2021.
 2189         Section 80. In order to implement appropriations for
 2190  salaries and benefits in the 2020-2021 General Appropriations
 2191  Act, subsection (6) of section 112.24, Florida Statutes, is
 2192  amended to read:
 2193         112.24 Intergovernmental interchange of public employees.
 2194  To encourage economical and effective utilization of public
 2195  employees in this state, the temporary assignment of employees
 2196  among agencies of government, both state and local, and
 2197  including school districts and public institutions of higher
 2198  education is authorized under terms and conditions set forth in
 2199  this section. State agencies, municipalities, and political
 2200  subdivisions are authorized to enter into employee interchange
 2201  agreements with other state agencies, the Federal Government,
 2202  another state, a municipality, or a political subdivision
 2203  including a school district, or with a public institution of
 2204  higher education. State agencies are also authorized to enter
 2205  into employee interchange agreements with private institutions
 2206  of higher education and other nonprofit organizations under the
 2207  terms and conditions provided in this section. In addition, the
 2208  Governor or the Governor and Cabinet may enter into employee
 2209  interchange agreements with a state agency, the Federal
 2210  Government, another state, a municipality, or a political
 2211  subdivision including a school district, or with a public
 2212  institution of higher learning to fill, subject to the
 2213  requirements of chapter 20, appointive offices which are within
 2214  the executive branch of government and which are filled by
 2215  appointment by the Governor or the Governor and Cabinet. Under
 2216  no circumstances shall employee interchange agreements be
 2217  utilized for the purpose of assigning individuals to participate
 2218  in political campaigns. Duties and responsibilities of
 2219  interchange employees shall be limited to the mission and goals
 2220  of the agencies of government.
 2221         (6) For the 2020-2021 2019-2020 fiscal year only, the
 2222  assignment of an employee of a state agency as provided in this
 2223  section may be made if recommended by the Governor or Chief
 2224  Justice, as appropriate, and approved by the chairs of the
 2225  legislative appropriations committees. Such actions shall be
 2226  deemed approved if neither chair provides written notice of
 2227  objection within 14 days after receiving notice of the action
 2228  pursuant to s. 216.177. This subsection expires July 1, 2021
 2229  2020.
 2230         Section 81. In order to implement Specific Appropriations
 2231  2727 and 2728 of the 2020-2021 General Appropriations Act, and
 2232  notwithstanding s. 11.13(1), Florida Statutes, the authorized
 2233  salaries for members of the Legislature for the 2020-2021 fiscal
 2234  year shall be set at the same level in effect on July 1, 2010.
 2235  This section expires July 1, 2021.
 2236         Section 82. In order to implement the transfer of funds
 2237  from the General Revenue Fund from trust funds for the 2020-2021
 2238  General Appropriations Act, and notwithstanding the expiration
 2239  date in section 110 of chapter 2019-116, Laws of Florida,
 2240  paragraph (b) of subsection (2) of section 215.32, Florida
 2241  Statutes, is reenacted to read:
 2242         215.32 State funds; segregation.—
 2243         (2) The source and use of each of these funds shall be as
 2244  follows:
 2245         (b)1. The trust funds shall consist of moneys received by
 2246  the state which under law or under trust agreement are
 2247  segregated for a purpose authorized by law. The state agency or
 2248  branch of state government receiving or collecting such moneys
 2249  is responsible for their proper expenditure as provided by law.
 2250  Upon the request of the state agency or branch of state
 2251  government responsible for the administration of the trust fund,
 2252  the Chief Financial Officer may establish accounts within the
 2253  trust fund at a level considered necessary for proper
 2254  accountability. Once an account is established, the Chief
 2255  Financial Officer may authorize payment from that account only
 2256  upon determining that there is sufficient cash and releases at
 2257  the level of the account.
 2258         2. In addition to other trust funds created by law, to the
 2259  extent possible, each agency shall use the following trust funds
 2260  as described in this subparagraph for day-to-day operations:
 2261         a. Operations or operating trust fund, for use as a
 2262  depository for funds to be used for program operations funded by
 2263  program revenues, with the exception of administrative
 2264  activities when the operations or operating trust fund is a
 2265  proprietary fund.
 2266         b. Operations and maintenance trust fund, for use as a
 2267  depository for client services funded by third-party payors.
 2268         c. Administrative trust fund, for use as a depository for
 2269  funds to be used for management activities that are departmental
 2270  in nature and funded by indirect cost earnings and assessments
 2271  against trust funds. Proprietary funds are excluded from the
 2272  requirement of using an administrative trust fund.
 2273         d. Grants and donations trust fund, for use as a depository
 2274  for funds to be used for allowable grant or donor agreement
 2275  activities funded by restricted contractual revenue from private
 2276  and public nonfederal sources.
 2277         e. Agency working capital trust fund, for use as a
 2278  depository for funds to be used pursuant to s. 216.272.
 2279         f. Clearing funds trust fund, for use as a depository for
 2280  funds to account for collections pending distribution to lawful
 2281  recipients.
 2282         g. Federal grant trust fund, for use as a depository for
 2283  funds to be used for allowable grant activities funded by
 2284  restricted program revenues from federal sources.
 2285  
 2286  To the extent possible, each agency must adjust its internal
 2287  accounting to use existing trust funds consistent with the
 2288  requirements of this subparagraph. If an agency does not have
 2289  trust funds listed in this subparagraph and cannot make such
 2290  adjustment, the agency must recommend the creation of the
 2291  necessary trust funds to the Legislature no later than the next
 2292  scheduled review of the agency’s trust funds pursuant to s.
 2293  215.3206.
 2294         3. All such moneys are hereby appropriated to be expended
 2295  in accordance with the law or trust agreement under which they
 2296  were received, subject always to the provisions of chapter 216
 2297  relating to the appropriation of funds and to the applicable
 2298  laws relating to the deposit or expenditure of moneys in the
 2299  State Treasury.
 2300         4.a. Notwithstanding any provision of law restricting the
 2301  use of trust funds to specific purposes, unappropriated cash
 2302  balances from selected trust funds may be authorized by the
 2303  Legislature for transfer to the Budget Stabilization Fund and
 2304  General Revenue Fund in the General Appropriations Act.
 2305         b. This subparagraph does not apply to trust funds required
 2306  by federal programs or mandates; trust funds established for
 2307  bond covenants, indentures, or resolutions whose revenues are
 2308  legally pledged by the state or public body to meet debt service
 2309  or other financial requirements of any debt obligations of the
 2310  state or any public body; the Division of Licensing Trust Fund
 2311  in the Department of Agriculture and Consumer Services; the
 2312  State Transportation Trust Fund; the trust fund containing the
 2313  net annual proceeds from the Florida Education Lotteries; the
 2314  Florida Retirement System Trust Fund; trust funds under the
 2315  management of the State Board of Education or the Board of
 2316  Governors of the State University System, where such trust funds
 2317  are for auxiliary enterprises, self-insurance, and contracts,
 2318  grants, and donations, as those terms are defined by general
 2319  law; trust funds that serve as clearing funds or accounts for
 2320  the Chief Financial Officer or state agencies; trust funds that
 2321  account for assets held by the state in a trustee capacity as an
 2322  agent or fiduciary for individuals, private organizations, or
 2323  other governmental units; and other trust funds authorized by
 2324  the State Constitution.
 2325         Section 83. The text of s. 215.32(2)(b), Florida Statutes,
 2326  as carried forward from chapter 2011-47, Laws of Florida, by
 2327  this act, expires July 1, 2021, and the text of that paragraph
 2328  shall revert to that in existence on June 30, 2011, except that
 2329  any amendments to such text enacted other than by this act shall
 2330  be preserved and continue to operate to the extent that such
 2331  amendments are not dependent upon the portions of text which
 2332  expire pursuant to this section.
 2333         Section 84. In order to implement appropriations in the
 2334  2020-2021 General Appropriations Act for state employee travel,
 2335  the funds appropriated to each state agency which may be used
 2336  for travel by state employees are limited during the 2020-2021
 2337  fiscal year to travel for activities that are critical to each
 2338  state agency’s mission. Funds may not be used for travel by
 2339  state employees to foreign countries, other states, conferences,
 2340  staff training activities, or other administrative functions
 2341  unless the agency head has approved, in writing, that such
 2342  activities are critical to the agency’s mission. The agency head
 2343  shall consider using teleconferencing and other forms of
 2344  electronic communication to meet the needs of the proposed
 2345  activity before approving mission-critical travel. This section
 2346  does not apply to travel for law enforcement purposes, military
 2347  purposes, emergency management activities, or public health
 2348  activities. This section expires July 1, 2021.
 2349         Section 85. In order to implement appropriations in the
 2350  2020-2021 General Appropriations Act for state employee travel
 2351  and notwithstanding s. 112.061, Florida Statutes, costs for
 2352  lodging associated with a meeting, conference, or convention
 2353  organized or sponsored in whole or in part by a state agency or
 2354  the judicial branch may not exceed $225 per day. An employee may
 2355  expend his or her own funds for any lodging expenses in excess
 2356  of $225 per day. For purposes of this section, a meeting does
 2357  not include travel activities for conducting an audit,
 2358  examination, inspection, or investigation or travel activities
 2359  related to a litigation or emergency response. This section
 2360  expires July 1, 2021.
 2361         Section 86. In order to implement the appropriation of
 2362  funds in the special categories, contracted services, and
 2363  expenses categories of the 2020-2021 General Appropriations Act,
 2364  a state agency may not enter into a contract containing a
 2365  nondisclosure clause that prohibits the contractor from
 2366  disclosing information relevant to the performance of the
 2367  contract to members or staff of the Senate or the House of
 2368  Representatives. This section expires July 1, 2021.
 2369         Section 87. Any section of this act which implements a
 2370  specific appropriation or specifically identified proviso
 2371  language in the 2020-2021 General Appropriations Act is void if
 2372  the specific appropriation or specifically identified proviso
 2373  language is vetoed. Any section of this act which implements
 2374  more than one specific appropriation or more than one portion of
 2375  specifically identified proviso language in the 2020-2021
 2376  General Appropriations Act is void if all the specific
 2377  appropriations or portions of specifically identified proviso
 2378  language are vetoed.
 2379         Section 88. If any other act passed during the 2020 Regular
 2380  Session of the Legislature contains a provision that is
 2381  substantively the same as a provision in this act, but that
 2382  removes or is otherwise not subject to the future repeal applied
 2383  to such provision by this act, the Legislature intends that the
 2384  provision in the other act takes precedence and continues to
 2385  operate, notwithstanding the future repeal provided by this act.
 2386         Section 89. If any provision of this act or its application
 2387  to any person or circumstance is held invalid, the invalidity
 2388  does not affect other provisions or applications of the act
 2389  which can be given effect without the invalid provision or
 2390  application, and to this end the provisions of this act are
 2391  severable.
 2392         Section 90. Except as otherwise expressly provided in this
 2393  act and except for this section, which shall take effect upon
 2394  this act becoming a law, this act shall take effect July 1,
 2395  2020; or, if this act fails to become a law until after that
 2396  date, it shall take effect upon becoming a law and shall operate
 2397  retroactively to July 1, 2020.
 2398  
 2399  ================= T I T L E  A M E N D M E N T ================
 2400  And the title is amended as follows:
 2401         Delete everything before the enacting clause
 2402  and insert:
 2403                        A bill to be entitled                      
 2404         An act implementing the 2020-2021 General
 2405         Appropriations Act; providing legislative intent;
 2406         incorporating by reference certain calculations of the
 2407         Florida Education Finance Program; providing that
 2408         funds for instructional materials must be released and
 2409         expended as required in specified proviso language;
 2410         amending s. 1011.62, F.S.; conforming a provision
 2411         regarding the virtual education contribution to
 2412         reflect the Teacher Salary Increase Allocation;
 2413         extending for 1 fiscal year provisions governing the
 2414         funding compression allocation; suspending the Florida
 2415         Best and Brightest Teacher and Principal Allocation
 2416         for the 2020-2021 fiscal year; creating the Teacher
 2417         Salary Increase Allocation; specifying the purpose of
 2418         the allocation; prescribing the manner in which funds
 2419         under the allocation may be provided and used;
 2420         providing for the expiration and reversion of
 2421         specified statutory text; amending ss. 1012.731 and
 2422         1012.732, F.S.; suspending the Florida Best and
 2423         Brightest Teacher Program and the Florida Best and
 2424         Brightest Principal Program for the 2020-2021 fiscal
 2425         year; amending s. 1013.62, F.S.; specifying the source
 2426         of charter school capital outlay funding; providing
 2427         for the expiration and reversion of specified
 2428         statutory text; reenacting s. 1001.26(1), F.S.,
 2429         relating to the public broadcasting program system;
 2430         extending for 1 fiscal year authorization for the
 2431         Department of Education to provide certain
 2432         appropriated funds to public colleges and universities
 2433         for public broadcasting; providing for the expiration
 2434         and reversion of specified statutory text; creating s.
 2435         1004.6499, F.S.; establishing the Florida Institute of
 2436         Politics at the Florida State University; providing
 2437         the purpose and goals of the institute; incorporating
 2438         by reference certain calculations for the Medicaid
 2439         Disproportionate Share Hospital and Hospital
 2440         Reimbursement programs; authorizing the Agency for
 2441         Health Care Administration, in consultation with the
 2442         Department of Health, to submit a budget amendment to
 2443         realign funding for a component of the Children’s
 2444         Medical Services program to reflect actual enrollment
 2445         changes; specifying requirements for such realignment;
 2446         authorizing the agency to request nonoperating budget
 2447         authority for transferring certain federal funds to
 2448         the Department of Health; reenacting s. 409.908(23),
 2449         F.S., relating to the reimbursement of Medicaid
 2450         providers; extending for 1 fiscal year provisions
 2451         regarding reimbursement rates; providing for the
 2452         expiration and reversion of specified statutory text;
 2453         reenacting s. 409.908(26), F.S., relating to the
 2454         reimbursement of Medicaid providers; extending for 1
 2455         fiscal year a provision regarding the receipt of funds
 2456         to be used for Low Income Pool Program payments;
 2457         providing for the expiration and reversion of
 2458         specified statutory text; amending s. 409.904, F.S.;
 2459         extending for 1 fiscal year a provision requiring the
 2460         Agency for Health Care Administration to make payments
 2461         to Medicaid-covered services; requiring the Agency for
 2462         Health Care Administration, in consultation with the
 2463         Department of Children and Families and certain other
 2464         entities, to submit a report to the Governor and the
 2465         Legislature by a specified date; specifying
 2466         requirements for the report; reenacting s.
 2467         624.91(5)(b), F.S., relating to the Florida Healthy
 2468         Kids Corporation; extending for 1 fiscal year a
 2469         provision requiring the corporation to validate the
 2470         medical loss ratio and calculate a refund amount for
 2471         insurers and providers of health care services who
 2472         meet certain criteria; providing for the expiration
 2473         and reversion of specified statutory text; amending s.
 2474         381.915, F.S.; revising limitations regarding a cancer
 2475         center’s participation under Tier 3 of the Florida
 2476         Consortium of National Cancer Institute Centers
 2477         Program and authorization for centers to pursue
 2478         certain designations by the institute; providing for
 2479         the expiration and reversion of specified statutory
 2480         text; amending s. 893.055, F.S.; extending for 1
 2481         fiscal year a provision prohibiting the Attorney
 2482         General and the Department of Health from using
 2483         certain settlement agreement funds to administer the
 2484         prescription drug monitoring program; amending s.
 2485         409.911, F.S.; updating the average of audited
 2486         disproportionate share data for purposes of
 2487         calculating disproportionate share payments; extending
 2488         for 1 fiscal year the requirement that the Agency for
 2489         Health Care Administration distribute moneys to
 2490         hospitals that provide a disproportionate share of
 2491         Medicaid or charity care services, as provided in the
 2492         General Appropriations Act; amending s. 409.9113,
 2493         F.S.; extending for 1 fiscal year the requirement that
 2494         the Agency for Health Care Administration make
 2495         disproportionate share payments to teaching hospitals
 2496         as provided in the General Appropriations Act;
 2497         amending s. 409.9119, F.S.; extending for 1 fiscal
 2498         year the requirement that the Agency for Health Care
 2499         Administration make disproportionate share payments to
 2500         certain specialty hospitals for children; authorizing
 2501         the Agency for Health Care Administration to submit a
 2502         budget amendment to realign Medicaid funding for
 2503         specified purposes, subject to certain limitations;
 2504         requiring the Agency for Health Care Administration to
 2505         contract with an organization for the provision of
 2506         elder care services in specified counties if certain
 2507         conditions are met; specifying requirements for the
 2508         program; authorizing the Agency for Health Care
 2509         Administration and the Department of Health to each
 2510         submit a budget amendment to realign funding within
 2511         the Florida Kidcare program appropriation categories
 2512         or increase budget authority for certain purposes;
 2513         specifying the timeframe within which any such budget
 2514         amendment must be submitted; amending s. 381.986,
 2515         F.S.; exempting rules pertaining to the medical use of
 2516         marijuana from certain rulemaking requirements;
 2517         amending s. 381.988, F.S.; exempting rules pertaining
 2518         to medical marijuana testing laboratories from certain
 2519         rulemaking requirements; amending s. 14(1), chapter
 2520         2017-232, Laws of Florida; exempting certain rules
 2521         pertaining to medical marijuana adopted to replace
 2522         emergency rules from specified rulemaking
 2523         requirements; providing for the expiration and
 2524         reversion of specified law; requiring the Agency for
 2525         Health Care Administration to replace the Medicaid
 2526         Enterprise System; specifying requirements for the
 2527         replacement system; requiring the agency to take
 2528         specified action; providing for the establishment of
 2529         an executive steering committee to oversee
 2530         implementation of the replacement system; providing
 2531         for membership, meeting requirements, duties, and
 2532         responsibilities of the steering committee;
 2533         authorizing the Department of Children and Families to
 2534         submit a budget amendment to realign funding for
 2535         implementation of the Guardianship Assistance Program;
 2536         requiring the Department of Children and Families to
 2537         establish a formula for the distribution of funds to
 2538         implement the Guardianship Assistance Program;
 2539         amending s. 296.37, F.S.; extending for 1 fiscal year
 2540         a provision specifying the monthly contribution to
 2541         residents of a state veterans’ nursing home;
 2542         authorizing the Department of Children and Families to
 2543         submit a budget amendment to increase budget authority
 2544         for the Supplemental Nutrition Assistance Program if
 2545         certain conditions are met; authorizing the Department
 2546         of Children and Families to submit a budget amendment
 2547         to realign funding within the Family Safety Program
 2548         for specified purposes; amending s. 216.262, F.S.;
 2549         extending for 1 fiscal year the authority of the
 2550         Department of Corrections to submit a budget amendment
 2551         for additional positions and appropriations under
 2552         certain circumstances; amending s. 1011.80, F.S.;
 2553         specifying the manner by which state funds for
 2554         postsecondary workforce programs may be used for
 2555         inmate education; providing for the expiration and
 2556         reversion of specified statutory text; amending s.
 2557         215.18, F.S.; extending for 1 fiscal year the
 2558         authority and related repayment requirements for
 2559         temporary trust fund loans to the state court system
 2560         which are sufficient to meet the system’s
 2561         appropriation; requiring the Department of Juvenile
 2562         Justice to review county juvenile detention payments
 2563         to determine whether a county has met specified
 2564         financial responsibilities; requiring amounts owed by
 2565         the county for such financial responsibilities to be
 2566         deducted from certain county funds; requiring the
 2567         Department of Revenue to transfer withheld funds to a
 2568         specified trust fund; requiring the Department of
 2569         Revenue to ensure that such reductions in amounts
 2570         distributed do not reduce distributions below amounts
 2571         necessary for certain payments due on bonds and to
 2572         comply with bond covenants; requiring the Department
 2573         of Revenue to notify the Department of Juvenile
 2574         Justice if bond payment requirements mandate a
 2575         reduction in deductions for amounts owed by a county;
 2576         reenacting and amending s. 27.40, F.S., relating to
 2577         court-appointed counsel; extending for 1 fiscal year
 2578         provisions governing the appointment of court
 2579         appointed counsel; establishing the Cross
 2580         Jurisdictional Death Penalty Pilot Program within the
 2581         Office of Criminal Conflict and Civil Regional Counsel
 2582         of the Second Appellate District; specifying the
 2583         manner of appointing counsel to indigent defendants
 2584         who meet specified criteria; providing reporting
 2585         requirements regarding the pilot program; specifying
 2586         that repeal of the act does not terminate appointments
 2587         of counsel made under the pilot program; reenacting
 2588         and amending s. 27.5304, F.S., relating to private
 2589         court-appointed counsel; extending for 1 fiscal year
 2590         limitations on compensation for representation in
 2591         criminal proceedings; providing for the expiration and
 2592         reversion of specified statutory text; specifying that
 2593         clerks of the circuit court are responsible for
 2594         certain costs related to juries which exceed a certain
 2595         funding level; reenacting s. 318.18(19)(c), F.S.,
 2596         relating to penalty amounts for traffic infractions;
 2597         extending for 1 fiscal year the redirection of
 2598         revenues from the Public Defenders Revenue Trust Fund
 2599         to the Indigent Criminal Defense Trust Fund;
 2600         reenacting s. 817.568(12)(b), F.S., relating to the
 2601         criminal use of personal identification information;
 2602         extending for 1 fiscal year the redirection of
 2603         revenues from the Public Defenders Revenue Trust Fund
 2604         to the Indigent Criminal Defense Trust Fund; providing
 2605         for the expiration and reversion of specified
 2606         statutory text; requiring the Department of Management
 2607         Services to use tenant broker services to renegotiate
 2608         or reprocure certain private lease agreements for
 2609         office or storage space; requiring the Department of
 2610         Management Services to provide a report to the
 2611         Governor and Legislature by a specified date;
 2612         prohibiting an agency from transferring funds from a
 2613         data processing category to another category that is
 2614         not a data processing category; authorizing the
 2615         Executive Office of the Governor to transfer funds
 2616         appropriated for data processing assessment between
 2617         departments for a specified purpose; authorizing the
 2618         Executive Office of the Governor to transfer funds
 2619         between departments for purposes of aligning amounts
 2620         paid for risk management insurance and for human
 2621         resources services; requiring the Department of
 2622         Financial Services to replace specified components of
 2623         the Florida Accounting Information Resource Subsystem
 2624         (FLAIR) and the Cash Management Subsystem (CMS);
 2625         specifying certain actions to be taken by the
 2626         Department of Financial Services regarding FLAIR and
 2627         CMS replacement; providing for the composition of an
 2628         executive steering committee to oversee FLAIR and CMS
 2629         replacement; prescribing duties and responsibilities
 2630         of the executive steering committee; amending s.
 2631         216.181, F.S.; extending for 1 fiscal year the
 2632         authority for the Legislative Budget Commission to
 2633         increase amounts appropriated to the Fish and Wildlife
 2634         Conservation Commission or the Department of
 2635         Environmental Protection for certain fixed capital
 2636         outlay projects from specified sources; amending s.
 2637         215.18, F.S.; extending for 1 fiscal year the
 2638         authority of the Governor, if there is a specified
 2639         temporary deficiency in a land acquisition trust fund
 2640         in the Department of Agriculture and Consumer
 2641         Services, the Department of Environmental Protection,
 2642         the Department of State, or the Fish and Wildlife
 2643         Conservation Commission, to transfer funds from other
 2644         trust funds in the State Treasury as a temporary loan
 2645         to such trust fund; providing a deadline for the
 2646         repayment of a temporary loan; requiring the
 2647         Department of Environmental Protection to transfer
 2648         designated proportions of the revenues deposited in
 2649         the Land Acquisition Trust Fund within the department
 2650         to land acquisition trust funds in the Department of
 2651         Agriculture and Consumer Services, the Department of
 2652         State, and the Fish and Wildlife Conservation
 2653         Commission according to specified parameters and
 2654         calculations; defining the term “department”;
 2655         requiring the Department of Environmental Protection
 2656         to retain a proportionate share of revenues;
 2657         specifying a limit on distributions; requiring the
 2658         Department of Environmental Protection to make
 2659         transfers to land acquisition trust funds; specifying
 2660         the method of determining transfer amounts;
 2661         authorizing the Department of Environmental Protection
 2662         to advance funds from its land acquisition trust fund
 2663         to the Fish and Wildlife Conservation Commission’s
 2664         land acquisition trust fund for specified purposes;
 2665         requiring the Department of Environmental Protection
 2666         to prorate amounts transferred to the Fish and
 2667         Wildlife Conservation Commission; amending s. 216.181,
 2668         F.S.; extending for 1 fiscal year authorization for
 2669         the Legislative Budget Commission to increase amounts
 2670         appropriated to the Department of Environmental
 2671         Protection for fixed capital outlay projects using
 2672         specified funds; amending s. 570.441, F.S.; extending
 2673         for 1 fiscal year a provision authorizing the
 2674         Department of Agriculture and Consumer Services to use
 2675         certain funds for purposes related to the Division of
 2676         Agricultural Environmental Services; reenacting s.
 2677         570.93(1)(a), F.S., relating to the agricultural water
 2678         conservation program of the Department of Agriculture
 2679         and Consumer Services; extending for 1 fiscal year
 2680         provisions governing the cost-share program; providing
 2681         for the expiration and reversion of specified
 2682         statutory text; amending s. 259.105, F.S.; providing
 2683         for the distribution of proceeds from the Florida
 2684         Forever Trust Fund for the 2020-2021 fiscal year;
 2685         amending s. 375.041, F.S.; specifying that certain
 2686         funds for projects dedicated to restoring Lake Apopka
 2687         shall be appropriated as provided in the General
 2688         Appropriations Act; amending s. 321.04, F.S.;
 2689         extending for 1 fiscal year a provision requiring the
 2690         Department of Highway Safety and Motor Vehicles to
 2691         assign one or more patrol officers to the office of
 2692         Lieutenant Governor for security purposes, upon
 2693         request of the Governor; extending for 1 fiscal year
 2694         the requirement that the Department of Highway Safety
 2695         and Motor Vehicles assign a patrol officer to a
 2696         Cabinet member under certain circumstances; amending
 2697         s. 420.9079, F.S.; authorizing funds in the Local
 2698         Government Housing Trust Fund to be used as provided
 2699         in the General Appropriations Act; amending s.
 2700         420.0005, F.S.; authorizing certain funds related to
 2701         state housing to be used as provided in the General
 2702         Appropriations Act; amending s. 288.1226, F.S.;
 2703         extending the scheduled repeal of the Florida Tourism
 2704         Industry Marketing Corporation direct-support
 2705         organization; amending s. 288.923, F.S.; extending the
 2706         scheduled repeal of the Division of Tourism Marketing
 2707         of Enterprise Florida, Inc.; amending s. 338.2278,
 2708         F.S.; authorizing certain uncommitted funding for the
 2709         Transportation Disadvantaged Trust Fund to be used as
 2710         provided in the General Appropriations Act; amending
 2711         s. 339.135, F.S.; extending for 1 fiscal year
 2712         authorization for the chair and vice chair of the
 2713         Legislative Budget Commission to approve the
 2714         Department of Transportation’s budget amendment under
 2715         specified circumstances; authorizing the chair and
 2716         vice chair of the commission to approve certain budget
 2717         amendments of the Department of Transportation if
 2718         certain conditions are met; amending s. 112.061, F.S.;
 2719         extending for 1 fiscal year authorization for the
 2720         Lieutenant Governor to designate an alternative
 2721         official headquarters, subject to certain limitations;
 2722         amending s. 216.292, F.S.; extending for 1 fiscal year
 2723         a provision prescribing requirements for the review of
 2724         certain transfers of appropriations; requiring the
 2725         Department of Management Services to maintain and
 2726         offer the same health insurance options for
 2727         participants of the state group health insurance
 2728         program for the 2020-2021 fiscal year as for the
 2729         preceding fiscal year; prohibiting a state agency from
 2730         initiating a competitive solicitation for a product or
 2731         service under certain circumstances; providing an
 2732         exception; amending s. 112.24, F.S.; extending for 1
 2733         fiscal year the authorization, subject to specified
 2734         requirements, for the assignment of an employee of a
 2735         state agency under an employee interchange agreement;
 2736         providing that the annual salaries of the members of
 2737         the Legislature be maintained at a specified level;
 2738         reenacting s. 215.32(2)(b), F.S., relating to the
 2739         source and use of certain trust funds; providing for
 2740         the future expiration and reversion of statutory text;
 2741         limiting the use of travel funds to activities that
 2742         are critical to an agency’s mission; providing
 2743         exceptions; placing a monetary cap on lodging expenses
 2744         for state employee travel to certain meetings
 2745         organized or sponsored by a state agency or the
 2746         judicial branch; authorizing employees to expend their
 2747         own funds for lodging expenses in excess of the
 2748         monetary caps; prohibiting state agencies from
 2749         entering into contracts containing certain
 2750         nondisclosure agreements; providing conditions under
 2751         which the veto of certain appropriations or proviso
 2752         language in the General Appropriations Act voids
 2753         language that implements such appropriations;
 2754         providing for the continued operation of certain
 2755         provisions notwithstanding a future repeal or
 2756         expiration provided by the act; providing
 2757         severability; providing effective dates.