Florida Senate - 2021                   (PROPOSED BILL) SPB 2502
       
       
        
       FOR CONSIDERATION By the Committee on Appropriations
       
       
       
       
       
       576-01121-21                                          20212502pb
    1                        A bill to be entitled                      
    2         An act implementing the 2021-2022 General
    3         Appropriations Act; providing legislative intent;
    4         incorporating by reference certain calculations of the
    5         Florida Education Finance Program; providing that
    6         funds for instructional materials must be released and
    7         expended as required in the General Appropriations
    8         Act; amending s. 1011.62, F.S.; extending for 1 fiscal
    9         year a provision suspending an allocation related to
   10         declines in full-time equivalent students; extending
   11         for 1 fiscal year authorization for the Legislature to
   12         provide a funding compression and hold harmless
   13         allocation; modifying the manner of prorating
   14         appropriations made under the funding compression and
   15         hold harmless allocation; reenacting s. 1001.26(1),
   16         F.S., relating to the public broadcasting program
   17         system; extending for 1 fiscal year authorization for
   18         the Department of Education to provide certain
   19         appropriated funds to certain education television
   20         stations and public colleges and universities for
   21         public broadcasting; providing for the expiration and
   22         reversion of specified statutory text; amending s.
   23         1004.6495, F.S.; specifying the manner of funding for
   24         Florida Postsecondary Comprehensive Transition Program
   25         grants for the 2021-2022 fiscal year; amending chapter
   26         2020-28, Laws of Florida; delaying the effective date
   27         of provisions governing intercollegiate athlete
   28         compensation and rights; amending s. 1006.73, F.S.;
   29         requiring that the Florida Postsecondary Academic
   30         Library Network be overseen by a host entity
   31         determined by the Board of Governors and the
   32         Department of Education; specifying services that the
   33         network must provide to public postsecondary
   34         educational institutions; incorporating by reference
   35         certain calculations for the Medicaid Hospital Funding
   36         programs; authorizing the Agency for Health Care
   37         Administration, in consultation with the Department of
   38         Health, to submit a budget amendment to realign
   39         funding for a component of the Children’s Medical
   40         Services program to reflect actual enrollment changes;
   41         specifying requirements for such realignment;
   42         authorizing the agency to request nonoperating budget
   43         authority for transferring certain federal funds to
   44         the Department of Health; authorizing the Agency for
   45         Health Care Administration to submit a budget
   46         amendment to realign Medicaid funding for specified
   47         purposes, subject to certain limitations; authorizing
   48         the Agency for Health Care Administration and the
   49         Department of Health to each submit a budget amendment
   50         to realign funding within the Florida Kidcare program
   51         appropriation categories or increase budget authority
   52         for certain purposes; specifying the time period
   53         within each such budget amendment must be submitted;
   54         amending ss. 381.986 and 381.988, F.S.; extending for
   55         1 year the exemption of certain rules pertaining to
   56         the medical use of marijuana from certain rulemaking
   57         requirements; amending s. 14(1), chapter 2017-232,
   58         Laws of Florida; exempting certain rules pertaining to
   59         medical marijuana adopted to replace emergency rules
   60         from specified rulemaking requirements; providing for
   61         the expiration and reversion of specified law;
   62         authorizing the Department of Children and Families to
   63         submit a budget amendment to realign funding for
   64         implementation of the Guardianship Assistance Program;
   65         authorizing the Department of Health to submit a
   66         budget amendment to increase budget authority for the
   67         HIV/AIDS Prevention and Treatment Program if a certain
   68         condition is met; requiring the Agency for Health Care
   69         Administration to replace the Florida Medicaid
   70         Management Information System (FMMIS) and fiscal agent
   71         operations with a specified new system; specifying
   72         items that may not be included in the new system;
   73         providing directives to the agency related to the new
   74         system, the Florida Health Care Connection system;
   75         requiring the agency to meet certain requirements in
   76         replacing FMMIS and the current Medicaid fiscal agent;
   77         requiring the agency to implement a project governance
   78         structure that includes an executive steering
   79         committee; providing procedures for use by the
   80         executive steering committee; providing
   81         responsibilities of the executive steering committee;
   82         amending s. 216.262, F.S.; extending for 1 fiscal year
   83         the authority of the Department of Corrections to
   84         submit a budget amendment for additional positions and
   85         appropriations under certain circumstances; requiring
   86         review and approval by the Legislative Budget
   87         Commission; amending s. 1011.80, F.S.; specifying the
   88         manner by which state funds for postsecondary
   89         workforce programs may be used for inmate education;
   90         providing for the expiration and reversion of
   91         specified statutory text; amending s. 215.18, F.S.;
   92         extending for 1 fiscal year the authority and related
   93         repayment requirements for temporary trust fund loans
   94         to the state court system which are sufficient to meet
   95         the system’s appropriation; requiring the Department
   96         of Juvenile Justice to review county juvenile
   97         detention payments to determine whether a county has
   98         met specified financial responsibilities; requiring
   99         amounts owed by the county for such financial
  100         responsibilities to be deducted from certain county
  101         funds; requiring the Department of Revenue to transfer
  102         withheld funds to a specified trust fund; requiring
  103         the Department of Revenue to ensure that such
  104         reductions in amounts distributed do not reduce
  105         distributions below amounts necessary for certain
  106         payments due on bonds and to comply with bond
  107         covenants; requiring the Department of Revenue to
  108         notify the Department of Juvenile Justice if bond
  109         payment requirements mandate a reduction in deductions
  110         for amounts owed by a county; reenacting s. 27.40(1),
  111         (2)(a), (3)(a), (5), (6), and (7), F.S., relating to
  112         court-appointed counsel; extending for 1 fiscal year
  113         provisions governing the appointment of court
  114         appointed counsel; amending s. 27.5304, F.S., and
  115         reenacting subsections (1), (3), (7), and (11), and
  116         paragraphs (12)(a)-(e), relating to private court
  117         appointed counsel; extending for 1 fiscal year
  118         limitations on compensation for representation in
  119         criminal proceedings; providing for the expiration and
  120         reversion of specified statutory text; creating s.
  121         27.403, F.S.; establishing the Cross-Jurisdictional
  122         Death Penalty Pilot Program within the office of
  123         criminal conflict and civil regional counsel for the
  124         Second Appellate District; providing for the
  125         appointment of alternate counsel in the event of a
  126         conflict; providing for the continuation of an
  127         appointment of representation, notwithstanding
  128         expiration of the pilot program; specifying that
  129         clerks of the circuit court are responsible for
  130         certain costs related to juries which exceed a certain
  131         funding level; reenacting s. 20.316(2) and (3), F.S.,
  132         relating to the Department of Juvenile Justice;
  133         extending for 1 fiscal year provisions creating the
  134         Accountability and Program Support program within the
  135         department; providing for the expiration and reversion
  136         of specified statutory text; requiring the Department
  137         of Management Services to use tenant broker services
  138         to renegotiate or reprocure certain private lease
  139         agreements for office or storage space; requiring the
  140         Department of Management Services to provide a report
  141         to the Governor and the Legislature by a specified
  142         date; prohibiting an agency from transferring funds
  143         from a data processing category to another category
  144         that is not a data processing category; authorizing
  145         the Executive Office of the Governor to transfer funds
  146         appropriated for data processing assessment between
  147         departments for a specified purpose; authorizing the
  148         Executive Office of the Governor to transfer funds
  149         between departments for purposes of aligning amounts
  150         paid for risk management insurance and for human
  151         resources services purchased per statewide contract;
  152         requiring the Department of Financial Services to
  153         replace specified components of the Florida Accounting
  154         Information Resource Subsystem (FLAIR) and the Cash
  155         Management Subsystem (CMS), subject to specified
  156         limitations; requiring the Department of Financial
  157         Services to take certain actions regarding such
  158         replacement; providing for the composition of an
  159         executive steering committee to oversee FLAIR and CMS
  160         replacement; prescribing duties and responsibilities
  161         of the executive steering committee; amending s.
  162         216.181, F.S.; extending for 1 fiscal year the
  163         authority for the Legislative Budget Commission to
  164         increase amounts appropriated to the Fish and Wildlife
  165         Conservation Commission or the Department of
  166         Environmental Protection for certain fixed capital
  167         outlay projects from specified sources; amending s.
  168         215.18, F.S.; extending for 1 fiscal year the
  169         authority of the Governor, if there is a specified
  170         temporary deficiency in a land acquisition trust fund
  171         in the Department of Agriculture and Consumer
  172         Services, the Department of Environmental Protection,
  173         the Department of State, or the Fish and Wildlife
  174         Conservation Commission, to transfer funds from other
  175         trust funds in the State Treasury as a temporary loan
  176         to such trust fund; providing a deadline for the
  177         repayment of a temporary loan; requiring the
  178         Department of Environmental Protection to transfer
  179         designated proportions of the revenues deposited in
  180         the Land Acquisition Trust Fund within the department
  181         to land acquisition trust funds in the Department of
  182         Agriculture and Consumer Services, the Department of
  183         State, and the Fish and Wildlife Conservation
  184         Commission according to specified parameters and
  185         calculations; defining the term “department”;
  186         requiring the Department of Environmental Protection
  187         to make transfers to land acquisition trust funds
  188         monthly; specifying the method of determining transfer
  189         amounts; authorizing the Department of Environmental
  190         Protection to advance funds from its land acquisition
  191         trust fund to the Fish and Wildlife Conservation
  192         Commission’s land acquisition trust fund for specified
  193         purposes; amending s. 375.041, F.S.; specifying that
  194         certain funds for projects dedicated to restoring Lake
  195         Apopka shall be appropriated as provided in the
  196         General Appropriations Act; reenacting s.
  197         570.93(1)(a), F.S., relating to the agricultural water
  198         conservation program of the Department of Agriculture
  199         and Consumer Services; extending for 1 fiscal year
  200         provisions governing administration of a cost-share
  201         program; providing for the expiration and reversion of
  202         specified statutory text; amending s. 259.105, F.S.;
  203         providing for the distribution of proceeds from the
  204         Florida Forever Trust Fund for the 2021-2022 fiscal
  205         year; amending s. 161.101, F.S.; specifying that beach
  206         and inlet management projects be funded as provided in
  207         the General Appropriations Act; reenacting s.
  208         376.3071(15)(g), F.S., relating to the Inland
  209         Protection Trust Fund; exempting specified costs
  210         incurred by certain petroleum storage system owners or
  211         operators during a specified period from the
  212         prohibition against making payments in excess of
  213         amounts approved by the Department of Environmental
  214         Protection; providing for the expiration and reversion
  215         of specified statutory text; amending s. 321.04, F.S.;
  216         extending for 1 fiscal year the requirement that the
  217         Department of Highway Safety and Motor Vehicles assign
  218         one or more patrol officers to the office of
  219         Lieutenant Governor for security purposes, upon
  220         request of the Governor; extending for 1 fiscal year
  221         the requirement that the Department of Highway Safety
  222         and Motor Vehicles assign a patrol officer to a
  223         Cabinet member under certain circumstances; amending
  224         s. 215.559, F.S.; delaying the repeal of provisions
  225         governing the Division of Emergency Management’s
  226         Hurricane Loss Mitigation Program; amending s.
  227         288.80125, F.S.; extending for 1 fiscal year a
  228         requirement that funds in the Triumph Gulf Coast Trust
  229         Fund be used for the Rebuild Florida Revolving Loan
  230         Fund program for purposes related to Hurricane Michael
  231         recovery; amending s. 337.11, F.S.; prohibiting the
  232         Department of Transportation from entering into a
  233         contract exceeding a specified amount with a
  234         consultant for certain services; authorizing the
  235         department to share construction cost savings with
  236         certain consultants, subject to specified limitations;
  237         amending s. 339.08, F.S.; authorizing the transfer of
  238         funds from the State Transportation Trust Fund to the
  239         General Revenue Fund as provided in the General
  240         Appropriations Act; specifying that any amount
  241         transferred be reduced from the total state revenue
  242         deposited into the State Transportation Trust Fund;
  243         amending s. 339.135, F.S.; authorizing the chair and
  244         vice chair of the Legislative Budget Commission to
  245         approve certain work program amendments under
  246         specified circumstances; amending s. 112.061, F.S.;
  247         extending for 1 fiscal year the authorization for the
  248         Lieutenant Governor to designate an alternative
  249         official headquarters under certain conditions;
  250         specifying restrictions, limitations, eligibility for
  251         the subsistence allowance, reimbursement of
  252         transportation expenses, and payment thereof; amending
  253         s. 216.292, F.S.; extending for 1 fiscal year a
  254         provision prescribing requirements for the review of
  255         certain transfers of appropriations; requiring the
  256         Department of Management Services to maintain and
  257         offer the same health insurance options for
  258         participants of the State Group Health Insurance
  259         Program for the 2021-2022 fiscal year as applied in
  260         the preceding fiscal year; prohibiting a state agency
  261         from initiating a competitive solicitation for a
  262         product or service under certain circumstances;
  263         providing an exception; amending s. 112.24, F.S.;
  264         extending for 1 fiscal year the authorization, subject
  265         to specified requirements, for the assignment of an
  266         employee of a state agency under an employee
  267         interchange agreement; providing that the annual
  268         salaries of the members of the Legislature be
  269         maintained at a specified level; reenacting s.
  270         215.32(2)(b), F.S., relating to the source and use of
  271         certain trust funds; providing for the future
  272         expiration and reversion of statutory text; specifying
  273         the types of travel which may be used with state
  274         employee travel funds; providing exceptions; providing
  275         a monetary cap on lodging costs for state employee
  276         travel to certain meetings organized or sponsored by a
  277         state agency or the judicial branch; authorizing
  278         employees to expend their own funds for lodging
  279         expenses that exceed the monetary caps; prohibiting a
  280         state agency from entering into a contract containing
  281         certain nondisclosure agreements; reenacting and
  282         amending s. 216.1366, F.S., relating to contract
  283         terms; extending for 1 fiscal year provisions
  284         requiring each public agency contract for services
  285         after a certain date to authorize public agencies to
  286         inspect specified information related to such
  287         contract; incorporating by reference certain
  288         calculations of reversions; authorizing state agencies
  289         to submit budget amendments to implement any necessary
  290         salary increases to address pay plan compression
  291         resulting from the increase in the state minimum wage;
  292         providing conditions under which the veto of certain
  293         appropriations or proviso language in the General
  294         Appropriations Act voids language that implements such
  295         appropriation; providing for the continued operation
  296         of certain provisions notwithstanding a future repeal
  297         or expiration provided by the act; providing
  298         severability; providing effective dates.
  299          
  300  Be It Enacted by the Legislature of the State of Florida:
  301  
  302         Section 1. It is the intent of the Legislature that the
  303  implementing and administering provisions of this act apply to
  304  the General Appropriations Act for the 2021-2022 fiscal year.
  305         Section 2. In order to implement Specific Appropriations 7,
  306  8, 90, and 91 of the 2021-2022 General Appropriations Act, the
  307  calculations of the Florida Education Finance Program for the
  308  2021-2022 fiscal year included in the document titled “Public
  309  School Funding: The Florida Education Finance Program,” dated
  310  March 26, 2021, and filed with the Secretary of the Senate, are
  311  incorporated by reference for the purpose of displaying the
  312  calculations used by the Legislature, consistent with the
  313  requirements of state law, in making appropriations for the
  314  Florida Education Finance Program. This section expires July 1,
  315  2022.
  316         Section 3. In order to implement Specific Appropriations 7
  317  and 90 of the 2021-2022 General Appropriations Act, and
  318  notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
  319  1011.62(6)(b)3., and 1011.67, Florida Statutes, relating to the
  320  expenditure of funds provided for instructional materials, for
  321  the 2021-2022 fiscal year, funds provided for instructional
  322  materials shall be released and expended as required in the
  323  proviso language for Specific Appropriation 90 of the 2021-2022
  324  General Appropriations Act. This section expires July 1, 2022.
  325         Section 4. In order to implement Specific Appropriations 7
  326  and 90 of the 2021-2022 General Appropriations Act, subsections
  327  (8) and (17) of section 1011.62, Florida Statutes, are amended
  328  to read:
  329         1011.62 Funds for operation of schools.—If the annual
  330  allocation from the Florida Education Finance Program to each
  331  district for operation of schools is not determined in the
  332  annual appropriations act or the substantive bill implementing
  333  the annual appropriations act, it shall be determined as
  334  follows:
  335         (8) DECLINE IN FULL-TIME EQUIVALENT STUDENTS.—
  336         (a) In those districts where there is a decline between
  337  prior year and current year unweighted FTE students, a
  338  percentage of the decline in the unweighted FTE students as
  339  determined by the Legislature shall be multiplied by the prior
  340  year calculated FEFP per unweighted FTE student and shall be
  341  added to the allocation for that district. For this purpose, the
  342  calculated FEFP shall be computed by multiplying the weighted
  343  FTE students by the base student allocation and then by the
  344  district cost differential. If a district transfers a program to
  345  another institution not under the authority of the district’s
  346  school board, including a charter technical career center, the
  347  decline is to be multiplied by a factor of 0.15. However, if the
  348  funds provided for the Florida Education Finance Program in the
  349  General Appropriations Act for any fiscal year are reduced by a
  350  subsequent appropriation for that fiscal year, the percent of
  351  the decline in the unweighted FTE students to be funded shall be
  352  determined by the Legislature and designated in the subsequent
  353  appropriation.
  354         (b) The allocation authorized in paragraph (a) is suspended
  355  for the 2021-2022 2020-2021 fiscal year and does not apply
  356  during such fiscal year. This paragraph expires July 1, 2022
  357  2021.
  358         (17) FUNDING COMPRESSION AND HOLD HARMLESS ALLOCATION.—The
  359  Legislature may provide an annual funding compression and hold
  360  harmless allocation in the General Appropriations Act. The
  361  allocation is created to provide additional funding to school
  362  districts if the school district’s total funds per FTE in the
  363  prior year were less than the statewide average or if the school
  364  district’s district cost differential in the current year is
  365  less than the prior year. The total allocation shall be
  366  distributed to eligible school districts as follows:
  367         (a) Using the most recent prior year FEFP calculation for
  368  each eligible school district, subtract the total school
  369  district funds per FTE from the state average funds per FTE, not
  370  including any adjustments made pursuant to paragraph (19)(b).
  371  The resulting funds per FTE difference, or a portion thereof, as
  372  designated in the General Appropriations Act, shall then be
  373  multiplied by the school district’s total unweighted FTE.
  374         (b) Multiply the absolute value of the difference between
  375  the eligible school district’s current year district cost
  376  differential and the prior year district cost differential by a
  377  hold harmless factor as designated in the General Appropriations
  378  Act. The result is the district cost differential hold harmless
  379  index. Multiply the index by the eligible school district’s
  380  weighted FTE and by the base student allocation as designated in
  381  the General Appropriations Act.
  382         (c) For each district, select the greater of Add the
  383  amounts calculated in paragraphs (a) and (b) and upon summation,
  384  if the total amount is greater than the amount included in the
  385  General Appropriations Act, the allocation shall be prorated to
  386  the appropriation amount based on each participating school
  387  district’s share.
  388  
  389  This subsection expires July 1, 2022 2021.
  390         Section 5. In order to implement Specific Appropriation 119
  391  of the 2021-2022 General Appropriations Act, and notwithstanding
  392  the expiration date in section 8 of chapter 2020-114, Laws of
  393  Florida, subsection (1) of section 1001.26, Florida Statutes, is
  394  reenacted to read:
  395         1001.26 Public broadcasting program system.—
  396         (1) There is created a public broadcasting program system
  397  for the state. The department shall provide funds, as
  398  specifically appropriated in the General Appropriations Act, to
  399  educational television stations qualified by the Corporation for
  400  Public Broadcasting or public colleges and universities that are
  401  part of the public broadcasting program system. The program
  402  system must include:
  403         (a) Support for existing Corporation for Public
  404  Broadcasting qualified program system educational television
  405  stations.
  406         (b) Maintenance of quality broadcast capability for
  407  educational stations that are part of the program system.
  408         (c) Interconnection of all educational stations that are
  409  part of the program system for simultaneous broadcast and of
  410  such stations with all universities and other institutions as
  411  necessary for sharing of resources and delivery of programming.
  412         (d) Establishment and maintenance of a capability for
  413  statewide program distribution with facilities and staff,
  414  provided such facilities and staff complement and strengthen
  415  existing educational television stations.
  416         (e) Provision of both statewide programming funds and
  417  station programming support for educational television to meet
  418  statewide priorities. Priorities for station programming need
  419  not be the same as priorities for programming to be used
  420  statewide. Station programming may include, but shall not be
  421  limited to, citizens’ participation programs, music and fine
  422  arts programs, coverage of public hearings and governmental
  423  meetings, equal air time for political candidates, and other
  424  public interest programming.
  425         Section 6. The text of s. 1001.26(1), Florida Statutes, as
  426  carried forward from chapter 2018-10, Laws of Florida, by this
  427  act, expires July 1, 2022, and the text of that subsection shall
  428  revert to that in existence on June 30, 2018, except that any
  429  amendment enacted other than by this act shall be preserved and
  430  continue to operate to the extent that such amendments are not
  431  dependent upon the portions of text which expire pursuant to
  432  this section.
  433         Section 7. In order to implement Specific Appropriation 155
  434  of the 2021-2022 General Appropriations Act, subsection (10) is
  435  added to section 1004.6495, Florida Statutes, to read:
  436         1004.6495 Florida Postsecondary Comprehensive Transition
  437  Program and Florida Center for Students with Unique Abilities.—
  438         (10) FUNDING.—Notwithstanding subparagraph (5)(b)5., and
  439  for the 2021-2022 fiscal year only, FPCTP grants are authorized
  440  as specifically provided in the General Appropriations Act. This
  441  subsection expires July 1, 2022.
  442         Section 8. Effective upon this act becoming a law and in
  443  order to implement Specific Appropriation 145 of the 2021-2022
  444  General Appropriations Act, section 3 of chapter 2020-28, Laws
  445  of Florida, is amended to read:
  446         Section 3. This act shall take effect July 1, 2022 2021.
  447         Section 9. In order to implement Specific Appropriations
  448  129A and 145A of the 2021-2022 General Appropriations Act,
  449  subsection (5) is added to section 1006.73, Florida Statutes, to
  450  read:
  451         1006.73 Florida Academic Library Services Cooperative.—
  452         (5) Notwithstanding any provision of this section and s.
  453  1006.735, the Florida Postsecondary Academic Library Network
  454  shall be overseen by a host entity as determined by the Board of
  455  Governors and the Department of Education.
  456         (a) The network shall include delivery of the following
  457  services to public postsecondary educational institutions in
  458  this state, including all Florida College System institutions
  459  and state universities:
  460         1. Providing information regarding access to distance
  461  learning and degree programs.
  462         2. Identifying and providing online academic support
  463  services and resources when the multi-institutional provision of
  464  such services and resources is more cost-effective and
  465  operationally effective.
  466         3. Administering a single library automation system.
  467         4. Coordinating the negotiation of statewide licensing of
  468  electronic library resources and preferred pricing agreements,
  469  issuing purchase orders, and entering into contracts.
  470         5. Promoting and providing recommendations concerning the
  471  use and distribution of open-access textbooks and education
  472  resources as a method for reducing costs.
  473         (b)The Board of Governors and the Department of Education
  474  shall share in the receipt and administration of the program as
  475  provided in the General Appropriations Act.
  476         (c) This subsection expires July 1, 2022.
  477         Section 10. In order to implement Specific Appropriations
  478  202, 203, 206, and 210 of the 2021-2022 General Appropriations
  479  Act, the calculations for the Medicaid Hospital Funding programs
  480  for the 2021-2022 fiscal year contained in the document titled
  481  “Medicaid Hospital Funding Programs, Fiscal Year 2021-2022,”
  482  dated March 26, 2021, and filed with the Secretary of the
  483  Senate, are incorporated by reference for the purpose of
  484  displaying the calculations used by the Legislature, consistent
  485  with the requirements of state law, in making appropriations for
  486  the Medicaid Hospital Funding programs. This section expires
  487  July 1, 2022.
  488         Section 11. In order to implement Specific Appropriations
  489  196 through 223 and 515 of the 2021-2022 General Appropriations
  490  Act, and notwithstanding ss. 216.181 and 216.292, Florida
  491  Statutes, the Agency for Health Care Administration, in
  492  consultation with the Department of Health, may submit a budget
  493  amendment, subject to the notice, review, and objection
  494  procedures of s. 216.177, Florida Statutes, to realign funding
  495  within and between agencies based on implementation of the
  496  managed medical assistance component of the Statewide Medicaid
  497  Managed Care program for the Children’s Medical Services program
  498  of the Department of Health. The funding realignment shall
  499  reflect the actual enrollment changes due to the transfer of
  500  beneficiaries from fee-for-service to the capitated Children’s
  501  Medical Services network. The Agency for Health Care
  502  Administration may submit a request for nonoperating budget
  503  authority to transfer the federal funds to the Department of
  504  Health pursuant to s. 216.181(12), Florida Statutes. This
  505  section expires July 1, 2022.
  506         Section 12. In order to implement Specific Appropriations
  507  196 through 223 of the 2021-2022 General Appropriations Act, and
  508  notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
  509  Agency for Health Care Administration may submit a budget
  510  amendment, subject to the notice, review, and objection
  511  procedures of s. 216.177, Florida Statutes, to realign funding
  512  within the Medicaid program appropriation categories to address
  513  projected surpluses and deficits within the program and to
  514  maximize the use of state trust funds. A single budget amendment
  515  shall be submitted in the last quarter of the 2021-2022 fiscal
  516  year only. This section expires July 1, 2022.
  517         Section 13. In order to implement Specific Appropriations
  518  175 through 180 and 515 of the 2021-2022 General Appropriations
  519  Act, and notwithstanding ss. 216.181 and 216.292, Florida
  520  Statutes, the Agency for Health Care Administration and the
  521  Department of Health may each submit a budget amendment, subject
  522  to the notice, review, and objection procedures of s. 216.177,
  523  Florida Statutes, to realign funding within the Florida Kidcare
  524  program appropriation categories, or to increase budget
  525  authority in the Children’s Medical Services network category,
  526  to address projected surpluses and deficits within the program
  527  or to maximize the use of state trust funds. A single budget
  528  amendment must be submitted by each agency in the last quarter
  529  of the 2021-2022 fiscal year only. This section expires July 1,
  530  2022.
  531         Section 14. In order to implement Specific Appropriations
  532  460 through 462, 466, 467, and 474 of the 2021-2022 General
  533  Appropriations Act, subsection (17) of section 381.986, Florida
  534  Statutes, is amended to read:
  535         381.986 Medical use of marijuana.—
  536         (17) Rules adopted pursuant to this section before July 1,
  537  2022 2021, are not subject to ss. 120.54(3)(b) and 120.541. This
  538  subsection expires July 1, 2022 2021.
  539         Section 15. In order to implement Specific Appropriations
  540  460 through 462, 466, 467, and 474 of the 2021-2022 General
  541  Appropriations Act, subsection (11) of section 381.988, Florida
  542  Statutes, is amended to read:
  543         381.988 Medical marijuana testing laboratories; marijuana
  544  tests conducted by a certified laboratory.—
  545         (11) Rules adopted under subsection (9) before July 1, 2022
  546  2021, are not subject to ss. 120.54(3)(b) and 120.541. This
  547  subsection expires July 1, 2022 2021.
  548         Section 16. Effective July 1, 2021, upon the expiration and
  549  reversion of the amendments made to subsection (1) of section 14
  550  of chapter 2017-232, Laws of Florida, pursuant to section 34 of
  551  chapter 2020-114, Laws of Florida, and in order to implement
  552  Specific Appropriations 460 through 462, 466, 467, and 474 of
  553  the 2021-2022 General Appropriations Act, subsection (1) of
  554  section 14 of chapter 2017-232, Laws of Florida, is amended to
  555  read:
  556         Section 14. Department of Health; authority to adopt rules;
  557  cause of action.—
  558         (1) EMERGENCY RULEMAKING.—
  559         (a) The Department of Health and the applicable boards
  560  shall adopt emergency rules pursuant to s. 120.54(4), Florida
  561  Statutes, and this section necessary to implement ss. 381.986
  562  and 381.988, Florida Statutes. If an emergency rule adopted
  563  under this section is held to be unconstitutional or an invalid
  564  exercise of delegated legislative authority, and becomes void,
  565  the department or the applicable boards may adopt an emergency
  566  rule pursuant to this section to replace the rule that has
  567  become void. If the emergency rule adopted to replace the void
  568  emergency rule is also held to be unconstitutional or an invalid
  569  exercise of delegated legislative authority and becomes void,
  570  the department and the applicable boards must follow the
  571  nonemergency rulemaking procedures of the Administrative
  572  Procedures Act to replace the rule that has become void.
  573         (b) For emergency rules adopted under this section, the
  574  department and the applicable boards need not make the findings
  575  required by s. 120.54(4)(a), Florida Statutes. Emergency rules
  576  adopted under this section are exempt from ss. 120.54(3)(b) and
  577  120.541, Florida Statutes. The department and the applicable
  578  boards shall meet the procedural requirements in s. 120.54(4)(a)
  579  s. 120.54(a), Florida Statutes, if the department or the
  580  applicable boards have, before July 1, 2019 the effective date
  581  of this act, held any public workshops or hearings on the
  582  subject matter of the emergency rules adopted under this
  583  subsection. Challenges to emergency rules adopted under this
  584  subsection are subject to the time schedules provided in s.
  585  120.56(5), Florida Statutes.
  586         (c) Emergency rules adopted under this section are exempt
  587  from s. 120.54(4)(c), Florida Statutes, and shall remain in
  588  effect until replaced by rules adopted under the nonemergency
  589  rulemaking procedures of the Administrative Procedures Act.
  590  Rules adopted under the nonemergency rulemaking procedures of
  591  the Administrative Procedures Act to replace emergency rules
  592  adopted under this section are exempt from ss. 120.54(3)(b) and
  593  120.541, Florida Statutes. By July 1, 2022 January 1, 2018, the
  594  department and the applicable boards shall initiate nonemergency
  595  rulemaking pursuant to the Administrative Procedures Act to
  596  replace all emergency rules adopted under this section by
  597  publishing a notice of rule development in the Florida
  598  Administrative Register. Except as provided in paragraph (a),
  599  after July 1, 2022 January 1, 2018, the department and
  600  applicable boards may not adopt rules pursuant to the emergency
  601  rulemaking procedures provided in this section.
  602         Section 17. The amendments to s. 14(1) of chapter 2017-232,
  603  Laws of Florida, made by this act expire July 1, 2022, and the
  604  text of that subsection shall revert to that in existence on
  605  June 30, 2019, except that any amendments to such text enacted
  606  other than by this act shall be preserved and continue to
  607  operate to the extent that such amendments are not dependent
  608  upon the portions of text which expire pursuant to this section.
  609         Section 18. In order to implement Specific Appropriations
  610  321, 323, 352, and 353 of the 2021-2022 General Appropriations
  611  Act, and notwithstanding ss. 216.181 and 216.292, Florida
  612  Statutes, the Department of Children and Families may submit a
  613  budget amendment, subject to the notice, review, and objection
  614  procedures of s. 216.177, Florida Statutes, to realign funding
  615  within the department based on the implementation of the
  616  Guardianship Assistance Program, between and among the specific
  617  appropriations for guardianship assistance payments, foster care
  618  Level 1 room and board payments, relative caregiver payments,
  619  and nonrelative caregiver payments. This section expires July 1,
  620  2022.
  621         Section 19. In order to implement Specific Appropriations
  622  463 and 500 of the 2021-2022 General Appropriations Act, and
  623  notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
  624  Department of Health may submit a budget amendment, subject to
  625  the notice, review, and objection procedures of s. 216.177,
  626  Florida Statutes, to increase budget authority for the HIV/AIDS
  627  Prevention and Treatment Program if additional federal revenues
  628  specific to HIV/AIDS prevention and treatment become available
  629  in the 2021-2022 fiscal year. This section expires July 1, 2022.
  630         Section 20. In order to implement Specific Appropriation
  631  190 of the 2021-2022 General Appropriations Act:
  632         (1)The Agency for Health Care Administration shall replace
  633  the current Florida Medicaid Management Information System
  634  (FMMIS) and fiscal agent operations with a system that is
  635  modular, interoperable, and scalable for the Florida Medicaid
  636  program which complies with all applicable federal and state
  637  laws and requirements. The agency may not include in the project
  638  to replace the current FMMIS and fiscal agent contract:
  639         (a)Functionality that duplicates any of the information
  640  systems of the other health and human services state agencies;
  641  or
  642         (b)Procurement for agency requirements external to
  643  Medicaid programs with the intent to leverage the Medicaid
  644  technology infrastructure for other purposes without legislative
  645  appropriation or legislative authorization to procure these
  646  requirements.
  647  
  648  The new system, the Florida Health Care Connection (FX) system,
  649  must provide better integration with subsystems supporting
  650  Florida’s Medicaid program; uniformity, consistency, and
  651  improved access to data; and compatibility with the Centers for
  652  Medicare and Medicaid Services’ Medicaid Information Technology
  653  Architecture (MITA) as the system matures and expands its
  654  functionality.
  655         (2)For purposes of replacing FMMIS and the current
  656  Medicaid fiscal agent, the Agency for Health Care Administration
  657  shall:
  658         (a)Prioritize procurements for the replacement of the
  659  current functions of FMMIS and the responsibilities of the
  660  current Medicaid fiscal agent to minimize the need to extend all
  661  or portions of the current fiscal agent contract.
  662         (b)Comply with and not exceed the Centers for Medicare and
  663  Medicaid Services funding authorizations for the FX system.
  664         (c)Ensure compliance and uniformity with published MITA
  665  framework and guidelines.
  666         (d)Ensure that all business requirements and technical
  667  specifications have been provided to all affected state agencies
  668  for their review and input and approved by the executive
  669  steering committee established in paragraph (g).
  670         (e)Consult with the Executive Office of the Governor’s
  671  working group for interagency information technology integration
  672  for the development of competitive solicitations that provide
  673  for data interoperability and shared information technology
  674  services across the state’s health and human services agencies.
  675         (f)Implement a data governance structure for the project
  676  to coordinate data sharing and interoperability across state
  677  health care entities.
  678         (g)Implement a project governance structure that includes
  679  an executive steering committee composed of:
  680         1.The Secretary of Health Care Administration, or the
  681  executive sponsor of the project.
  682         2.The Assistant Secretary for Child Welfare of the
  683  Department of Children and Families, or his or her designee.
  684         3.The Assistant Secretary for Economic Self-Sufficiency of
  685  the Department of Children and Families, or his or her designee.
  686         4.Two employees from the Division of Medicaid of the
  687  Agency for Health Care Administration, appointed by the
  688  Secretary of Health Care Administration.
  689         5.A representative of the Division of Health Quality
  690  Assurance of the Agency for Health Care Administration,
  691  appointed by the Secretary of Health Care Administration.
  692         6.A representative of the Florida Center for Health
  693  Information and Transparency of the Agency for Health Care
  694  Administration, appointed by the Secretary of Health Care
  695  Administration.
  696         7.A representative of the Division of Operations of the
  697  Agency for Health Care Administration, appointed by the
  698  Secretary of Health Care Administration.
  699         8.The chief information officer of the Agency for Health
  700  Care Administration, or his or her designee.
  701         9.The state chief information officer or designee.
  702         10.The Deputy Secretary for Children’s Medical Services of
  703  the Department of Health, or his or her designee.
  704         11.A representative of the Agency for Persons with
  705  Disabilities who has experience with the preparation and
  706  submission of waivers to the Centers for Medicare and Medicaid
  707  Services, appointed by the director of the Agency for Persons
  708  with Disabilities.
  709         12.A representative from the Florida Healthy Kids
  710  Corporation.
  711         13.A representative from the Department of Elderly Affairs
  712  who has experience with the Medicaid Program within that
  713  department, appointed by the Secretary of Elderly Affairs.
  714         14.A representative of the Department of Financial
  715  Services who has experience with the state’s financial processes
  716  including development of the PALM system, appointed by the Chief
  717  Financial Officer.
  718         (3)The Secretary of Health Care Administration or the
  719  executive sponsor of the project shall serve as chair of the
  720  executive steering committee, and the committee shall take
  721  action by a vote of at least 10 affirmative votes with the chair
  722  voting on the prevailing side. A quorum of the executive
  723  steering committee consists of at least 11 members.
  724         (4)The executive steering committee has the overall
  725  responsibility for ensuring that the project to replace FMMIS
  726  and the Medicaid fiscal agent meets its primary business
  727  objectives and shall:
  728         (a)Identify and recommend to the Executive Office of the
  729  Governor, the President of the Senate, and the Speaker of the
  730  House of Representatives any statutory changes needed to
  731  implement the modular replacement to standardize, to the fullest
  732  extent possible, the state’s health care data and business
  733  processes.
  734         (b)Review and approve any changes to the project’s scope,
  735  schedule, and budget which do not conflict with the requirements
  736  of subsections (1) and (2).
  737         (c)Ensure that adequate resources are provided throughout
  738  all phases of the project.
  739         (d)Approve all major project deliverables.
  740         (e)Approve all solicitation-related documents associated
  741  with the replacement of the current FMMIS and Medicaid fiscal
  742  agent.
  743         (5)This section expires July 1, 2022.
  744         Section 21. In order to implement Specific Appropriations
  745  572 through 676 and 692 through 726 of the 2021-2022 General
  746  Appropriations Act, subsection (4) of section 216.262, Florida
  747  Statutes, is amended to read:
  748         216.262 Authorized positions.—
  749         (4) Notwithstanding the provisions of this chapter relating
  750  to increasing the number of authorized positions, and for the
  751  2021-2022 2020-2021 fiscal year only, if the actual inmate
  752  population of the Department of Corrections exceeds the inmate
  753  population projections of the March 17, 2021 December 17, 2019,
  754  Criminal Justice Estimating Conference by 1 percent for 2
  755  consecutive months or 2 percent for any month, the Executive
  756  Office of the Governor, with the approval of the Legislative
  757  Budget Commission, shall immediately notify the Criminal Justice
  758  Estimating Conference, which shall convene as soon as possible
  759  to revise the estimates. The Department of Corrections may then
  760  submit a budget amendment requesting the establishment of
  761  positions in excess of the number authorized by the Legislature
  762  and additional appropriations from unallocated general revenue
  763  sufficient to provide for essential staff, fixed capital
  764  improvements, and other resources to provide classification,
  765  security, food services, health services, and other variable
  766  expenses within the institutions to accommodate the estimated
  767  increase in the inmate population. All actions taken pursuant to
  768  this subsection are subject to review and approval by the
  769  Legislative Budget Commission. This subsection expires July 1,
  770  2022 2021.
  771         Section 22. In order to implement Specific Appropriation
  772  714 of the 2021-2022 General Appropriations Act, and upon the
  773  expiration and reversion of the amendments made by section 54 of
  774  chapter 2020-114, Laws of Florida, paragraph (b) of subsection
  775  (8) of section 1011.80, Florida Statutes, is amended to read:
  776         1011.80 Funds for operation of workforce education
  777  programs.—
  778         (8)
  779         (b) State funds provided for the operation of postsecondary
  780  workforce programs may not be expended for the education of
  781  state or federal inmates, except to the extent that such funds
  782  are specifically appropriated for such purpose in the 2021-2022
  783  General Appropriations Act with more than 24 months of time
  784  remaining to serve on their sentences or federal inmates.
  785         Section 23. The amendment to s. 1011.80(8)(b), Florida
  786  Statutes, made by this act expires July 1, 2022, and the text of
  787  that paragraph shall revert to that in existence on July 1,
  788  2019, but not including any amendments made by this act or
  789  chapters 2020-114, 2019-116, and 2018-10, Laws of Florida, and
  790  any amendments to such text enacted other than by this act shall
  791  be preserved and continue to operate to the extent that such
  792  amendments are not dependent upon the portions of text which
  793  expire pursuant to this section.
  794         Section 24. In order to implement Specific Appropriations
  795  3113 through 3179 of the 2021-2022 General Appropriations Act,
  796  subsection (2) of section 215.18, Florida Statutes, is amended
  797  to read:
  798         215.18 Transfers between funds; limitation.—
  799         (2) The Chief Justice of the Supreme Court may receive one
  800  or more trust fund loans to ensure that the state court system
  801  has funds sufficient to meet its appropriations in the 2021-2022
  802  2020-2021 General Appropriations Act. If the Chief Justice
  803  accesses the loan, he or she must notify the Governor and the
  804  chairs of the legislative appropriations committees in writing.
  805  The loan must come from other funds in the State Treasury which
  806  are for the time being or otherwise in excess of the amounts
  807  necessary to meet the just requirements of such last-mentioned
  808  funds. The Governor shall order the transfer of funds within 5
  809  days after the written notification from the Chief Justice. If
  810  the Governor does not order the transfer, the Chief Financial
  811  Officer shall transfer the requested funds. The loan of funds
  812  from which any money is temporarily transferred must be repaid
  813  by the end of the 2021-2022 2020-2021 fiscal year. This
  814  subsection expires July 1, 2022 2021.
  815         Section 25. In order to implement Specific Appropriations
  816  1105 through 1116 of the 2021-2022 General Appropriations Act:
  817         (1) The Department of Juvenile Justice is required to
  818  review county juvenile detention payments to ensure that
  819  counties fulfill their financial responsibilities required in s.
  820  985.6865, Florida Statutes. If the Department of Juvenile
  821  Justice determines that a county has not met its obligations,
  822  the department shall direct the Department of Revenue to deduct
  823  the amount owed to the Department of Juvenile Justice from the
  824  funds provided to the county under s. 218.23, Florida Statutes.
  825  The Department of Revenue shall transfer the funds withheld to
  826  the Shared County/State Juvenile Detention Trust Fund.
  827         (2)As an assurance to holders of bonds issued by counties
  828  before July 1, 2021, for which distributions made pursuant to s.
  829  218.23, Florida Statutes, are pledged, or bonds issued to refund
  830  such bonds which mature no later than the bonds they refunded
  831  and which result in a reduction of debt service payable in each
  832  fiscal year, the amount available for distribution to a county
  833  shall remain as provided by law and continue to be subject to
  834  any lien or claim on behalf of the bondholders. The Department
  835  of Revenue must ensure, based on information provided by an
  836  affected county, that any reduction in amounts distributed
  837  pursuant to subsection (1) does not reduce the amount of
  838  distribution to a county below the amount necessary for the
  839  timely payment of principal and interest when due on the bonds
  840  and the amount necessary to comply with any covenant under the
  841  bond resolution or other documents relating to the issuance of
  842  the bonds. If a reduction to a county’s monthly distribution
  843  must be decreased in order to comply with this section, the
  844  Department of Revenue must notify the Department of Juvenile
  845  Justice of the amount of the decrease, and the Department of
  846  Juvenile Justice must send a bill for payment of such amount to
  847  the affected county.
  848         (3)This section expires July 1, 2022.
  849         Section 26. In order to implement Specific Appropriations
  850  736 through 757, 905 through 1048, and 1069 through 1104 of the
  851  2021-2022 General Appropriations Act, and notwithstanding the
  852  expiration date in section 59 of chapter 2020-114, Laws of
  853  Florida, subsection (1), paragraph (a) of subsection (2),
  854  paragraph (a) of subsection (3), and subsections (5), (6), and
  855  (7) of section 27.40, Florida Statutes, are reenacted to read:
  856         27.40 Court-appointed counsel; circuit registries; minimum
  857  requirements; appointment by court.—
  858         (1) Counsel shall be appointed to represent any individual
  859  in a criminal or civil proceeding entitled to court-appointed
  860  counsel under the Federal or State Constitution or as authorized
  861  by general law. The court shall appoint a public defender to
  862  represent indigent persons as authorized in s. 27.51. The office
  863  of criminal conflict and civil regional counsel shall be
  864  appointed to represent persons in those cases in which provision
  865  is made for court-appointed counsel, but only after the public
  866  defender has certified to the court in writing that the public
  867  defender is unable to provide representation due to a conflict
  868  of interest or is not authorized to provide representation. The
  869  public defender shall report, in the aggregate, the specific
  870  basis of all conflicts of interest certified to the court. On a
  871  quarterly basis, the public defender shall submit this
  872  information to the Justice Administrative Commission.
  873         (2)(a) Private counsel shall be appointed to represent
  874  persons in those cases in which provision is made for court
  875  appointed counsel but only after the office of criminal conflict
  876  and civil regional counsel has been appointed and has certified
  877  to the court in writing that the criminal conflict and civil
  878  regional counsel is unable to provide representation due to a
  879  conflict of interest. The criminal conflict and civil regional
  880  counsel shall report, in the aggregate, the specific basis of
  881  all conflicts of interest certified to the court. On a quarterly
  882  basis, the criminal conflict and civil regional counsel shall
  883  submit this information to the Justice Administrative
  884  Commission.
  885         (3) In using a registry:
  886         (a) The chief judge of the circuit shall compile a list of
  887  attorneys in private practice, by county and by category of
  888  cases, and provide the list to the clerk of court in each
  889  county. The chief judge of the circuit may restrict the number
  890  of attorneys on the general registry list. To be included on a
  891  registry, an attorney must certify that he or she:
  892         1. Meets any minimum requirements established by the chief
  893  judge and by general law for court appointment;
  894         2. Is available to represent indigent defendants in cases
  895  requiring court appointment of private counsel; and
  896         3. Is willing to abide by the terms of the contract for
  897  services, s. 27.5304, and this section.
  898  
  899  To be included on a registry, an attorney must enter into a
  900  contract for services with the Justice Administrative
  901  Commission. Failure to comply with the terms of the contract for
  902  services may result in termination of the contract and removal
  903  from the registry. Each attorney on the registry is responsible
  904  for notifying the clerk of the court and the Justice
  905  Administrative Commission of any change in his or her status.
  906  Failure to comply with this requirement is cause for termination
  907  of the contract for services and removal from the registry until
  908  the requirement is fulfilled.
  909         (5) The Justice Administrative Commission shall approve
  910  uniform contract forms for use in procuring the services of
  911  private court-appointed counsel and uniform procedures and forms
  912  for use by a court-appointed attorney in support of billing for
  913  attorney’s fees, costs, and related expenses to demonstrate the
  914  attorney’s completion of specified duties. Such uniform
  915  contracts and forms for use in billing must be consistent with
  916  s. 27.5304, s. 216.311, and the General Appropriations Act and
  917  must contain the following statement: “The State of Florida’s
  918  performance and obligation to pay under this contract is
  919  contingent upon an annual appropriation by the Legislature.”
  920         (6) After court appointment, the attorney must immediately
  921  file a notice of appearance with the court indicating acceptance
  922  of the appointment to represent the defendant and of the terms
  923  of the uniform contract as specified in subsection (5).
  924         (7)(a) A private attorney appointed by the court from the
  925  registry to represent a client is entitled to payment as
  926  provided in s. 27.5304 so long as the requirements of subsection
  927  (1) and paragraph (2)(a) are met. An attorney appointed by the
  928  court who is not on the registry list may be compensated under
  929  s. 27.5304 only if the court finds in the order of appointment
  930  that there were no registry attorneys available for
  931  representation for that case and only if the requirements of
  932  subsection (1) and paragraph (2)(a) are met.
  933         (b)1. The flat fee established in s. 27.5304 and the
  934  General Appropriations Act shall be presumed by the court to be
  935  sufficient compensation. The attorney shall maintain appropriate
  936  documentation, including contemporaneous and detailed hourly
  937  accounting of time spent representing the client. If the
  938  attorney fails to maintain such contemporaneous and detailed
  939  hourly records, the attorney waives the right to seek
  940  compensation in excess of the flat fee established in s. 27.5304
  941  and the General Appropriations Act. These records and documents
  942  are subject to review by the Justice Administrative Commission
  943  and audit by the Auditor General, subject to the attorney-client
  944  privilege and work-product privilege. The attorney shall
  945  maintain the records and documents in a manner that enables the
  946  attorney to redact any information subject to a privilege in
  947  order to facilitate the commission’s review of the records and
  948  documents and not to impede such review. The attorney may redact
  949  information from the records and documents only to the extent
  950  necessary to comply with the privilege. The Justice
  951  Administrative Commission shall review such records and shall
  952  contemporaneously document such review before authorizing
  953  payment to an attorney. Objections by or on behalf of the
  954  Justice Administrative Commission to records or documents or to
  955  claims for payment by the attorney shall be presumed correct by
  956  the court unless the court determines, in writing, that
  957  competent and substantial evidence exists to justify overcoming
  958  the presumption.
  959         2. If an attorney fails, refuses, or declines to permit the
  960  commission or the Auditor General to review documentation for a
  961  case as provided in this paragraph, the attorney waives the
  962  right to seek, and the commission may not pay, compensation in
  963  excess of the flat fee established in s. 27.5304 and the General
  964  Appropriations Act for that case.
  965         3. A finding by the commission that an attorney has waived
  966  the right to seek compensation in excess of the flat fee
  967  established in s. 27.5304 and the General Appropriations Act, as
  968  provided in this paragraph, shall be presumed to be correct,
  969  unless the court determines, in writing, that competent and
  970  substantial evidence exists to justify overcoming the
  971  presumption.
  972         Section 27. In order to implement Specific Appropriations
  973  736 through 757, 905 through 1048, and 1069 through 1104 of the
  974  2021-2022 General Appropriations Act, and notwithstanding the
  975  expiration date in section 59 of chapter 2020-114, Laws of
  976  Florida, subsection (13) of section 27.5304, Florida Statutes,
  977  is amended, and subsections (1), (3), (7), and (11), and
  978  paragraphs (a) through (e) of subsection (12) of that section
  979  are reenacted, to read:
  980         27.5304 Private court-appointed counsel; compensation;
  981  notice.—
  982         (1) Private court-appointed counsel appointed in the manner
  983  prescribed in s. 27.40(1) and (2)(a) shall be compensated by the
  984  Justice Administrative Commission only as provided in this
  985  section and the General Appropriations Act. The flat fees
  986  prescribed in this section are limitations on compensation. The
  987  specific flat fee amounts for compensation shall be established
  988  annually in the General Appropriations Act. The attorney also
  989  shall be reimbursed for reasonable and necessary expenses in
  990  accordance with s. 29.007. If the attorney is representing a
  991  defendant charged with more than one offense in the same case,
  992  the attorney shall be compensated at the rate provided for the
  993  most serious offense for which he or she represented the
  994  defendant. This section does not allow stacking of the fee
  995  limits established by this section.
  996         (3) The court retains primary authority and responsibility
  997  for determining the reasonableness of all billings for attorney
  998  fees, costs, and related expenses, subject to statutory
  999  limitations and the requirements of s. 27.40(7). Private court
 1000  appointed counsel is entitled to compensation upon final
 1001  disposition of a case.
 1002         (7) Counsel eligible to receive compensation from the state
 1003  for representation pursuant to court appointment made in
 1004  accordance with the requirements of s. 27.40(1) and (2)(a) in a
 1005  proceeding under chapter 384, chapter 390, chapter 392, chapter
 1006  393, chapter 394, chapter 397, chapter 415, chapter 743, chapter
 1007  744, or chapter 984 shall receive compensation not to exceed the
 1008  limits prescribed in the General Appropriations Act. Any such
 1009  compensation must be determined as provided in s. 27.40(7).
 1010         (11) It is the intent of the Legislature that the flat fees
 1011  prescribed under this section and the General Appropriations Act
 1012  comprise the full and complete compensation for private court
 1013  appointed counsel. It is further the intent of the Legislature
 1014  that the fees in this section are prescribed for the purpose of
 1015  providing counsel with notice of the limit on the amount of
 1016  compensation for representation in particular proceedings and
 1017  the sole procedure and requirements for obtaining payment for
 1018  the same.
 1019         (a) If court-appointed counsel moves to withdraw prior to
 1020  the full performance of his or her duties through the completion
 1021  of the case, the court shall presume that the attorney is not
 1022  entitled to the payment of the full flat fee established under
 1023  this section and the General Appropriations Act.
 1024         (b) If court-appointed counsel is allowed to withdraw from
 1025  representation prior to the full performance of his or her
 1026  duties through the completion of the case and the court appoints
 1027  a subsequent attorney, the total compensation for the initial
 1028  and any and all subsequent attorneys may not exceed the flat fee
 1029  established under this section and the General Appropriations
 1030  Act, except as provided in subsection (12).
 1031  
 1032  This subsection constitutes notice to any subsequently appointed
 1033  attorney that he or she will not be compensated the full flat
 1034  fee.
 1035         (12) The Legislature recognizes that on rare occasions an
 1036  attorney may receive a case that requires extraordinary and
 1037  unusual effort.
 1038         (a) If counsel seeks compensation that exceeds the limits
 1039  prescribed by law, he or she must file a motion with the chief
 1040  judge for an order approving payment of attorney fees in excess
 1041  of these limits.
 1042         1. Before filing the motion, the counsel shall deliver a
 1043  copy of the intended billing, together with supporting
 1044  affidavits and all other necessary documentation, to the Justice
 1045  Administrative Commission.
 1046         2. The Justice Administrative Commission shall review the
 1047  billings, affidavit, and documentation for completeness and
 1048  compliance with contractual and statutory requirements and shall
 1049  contemporaneously document such review before authorizing
 1050  payment to an attorney. If the Justice Administrative Commission
 1051  objects to any portion of the proposed billing, the objection
 1052  and supporting reasons must be communicated in writing to the
 1053  private court-appointed counsel. The counsel may thereafter file
 1054  his or her motion, which must specify whether the commission
 1055  objects to any portion of the billing or the sufficiency of
 1056  documentation, and shall attach the commission’s letter stating
 1057  its objection.
 1058         (b) Following receipt of the motion to exceed the fee
 1059  limits, the chief judge or a single designee shall hold an
 1060  evidentiary hearing. The chief judge may select only one judge
 1061  per circuit to hear and determine motions pursuant to this
 1062  subsection, except multicounty circuits and the eleventh circuit
 1063  may have up to two designees.
 1064         1. At the hearing, the attorney seeking compensation must
 1065  prove by competent and substantial evidence that the case
 1066  required extraordinary and unusual efforts. The chief judge or
 1067  single designee shall consider criteria such as the number of
 1068  witnesses, the complexity of the factual and legal issues, and
 1069  the length of trial. The fact that a trial was conducted in a
 1070  case does not, by itself, constitute competent substantial
 1071  evidence of an extraordinary and unusual effort. In a criminal
 1072  case, relief under this section may not be granted if the number
 1073  of work hours does not exceed 75 or the number of the state’s
 1074  witnesses deposed does not exceed 20.
 1075         2. Objections by or on behalf of the Justice Administrative
 1076  Commission to records or documents or to claims for payment by
 1077  the attorney shall be presumed correct by the court unless the
 1078  court determines, in writing, that competent and substantial
 1079  evidence exists to justify overcoming the presumption. The chief
 1080  judge or single designee shall enter a written order detailing
 1081  his or her findings and identifying the extraordinary nature of
 1082  the time and efforts of the attorney in the case which warrant
 1083  exceeding the flat fee established by this section and the
 1084  General Appropriations Act.
 1085         (c) A copy of the motion and attachments shall be served on
 1086  the Justice Administrative Commission at least 20 business days
 1087  before the date of a hearing. The Justice Administrative
 1088  Commission has standing to appear before the court, and may
 1089  appear in person or telephonically, including at the hearing
 1090  under paragraph (b), to contest any motion for an order
 1091  approving payment of attorney fees, costs, or related expenses
 1092  and may participate in a hearing on the motion by use of
 1093  telephonic or other communication equipment. The Justice
 1094  Administrative Commission may contract with other public or
 1095  private entities or individuals to appear before the court for
 1096  the purpose of contesting any motion for an order approving
 1097  payment of attorney fees, costs, or related expenses. The fact
 1098  that the Justice Administrative Commission has not objected to
 1099  any portion of the billing or to the sufficiency of the
 1100  documentation is not binding on the court.
 1101         (d) If the chief judge or a single designee finds that
 1102  counsel has proved by competent and substantial evidence that
 1103  the case required extraordinary and unusual efforts, the chief
 1104  judge or single designee shall order the compensation to be paid
 1105  to the attorney at a percentage above the flat fee rate,
 1106  depending on the extent of the unusual and extraordinary effort
 1107  required. The percentage must be only the rate necessary to
 1108  ensure that the fees paid are not confiscatory under common law.
 1109  The percentage may not exceed 200 percent of the established
 1110  flat fee, absent a specific finding that 200 percent of the flat
 1111  fee in the case would be confiscatory. If the chief judge or
 1112  single designee determines that 200 percent of the flat fee
 1113  would be confiscatory, he or she shall order the amount of
 1114  compensation using an hourly rate not to exceed $75 per hour for
 1115  a noncapital case and $100 per hour for a capital case. However,
 1116  the compensation calculated by using the hourly rate shall be
 1117  only that amount necessary to ensure that the total fees paid
 1118  are not confiscatory, subject to the requirements of s.
 1119  27.40(7).
 1120         (e) Any order granting relief under this subsection must be
 1121  attached to the final request for a payment submitted to the
 1122  Justice Administrative Commission and must satisfy the
 1123  requirements of subparagraph (b)2.
 1124         (13) Notwithstanding the limitation set forth in subsection
 1125  (5) and for the 2021-2022 2020-2021 fiscal year only, the
 1126  compensation for representation in a criminal proceeding may not
 1127  exceed the following:
 1128         (a) For misdemeanors and juveniles represented at the trial
 1129  level: $1,000.
 1130         (b) For noncapital, nonlife felonies represented at the
 1131  trial level: $15,000.
 1132         (c) For life felonies represented at the trial level:
 1133  $15,000.
 1134         (d) For capital cases represented at the trial level:
 1135  $25,000. For purposes of this paragraph, a “capital case” is any
 1136  offense for which the potential sentence is death and the state
 1137  has not waived seeking the death penalty.
 1138         (e) For representation on appeal: $9,000.
 1139         (f) This subsection expires July 1, 2022 2021.
 1140         Section 28. The amendments to s. 27.40(1), (2)(a), (3)(a),
 1141  (5), (6), and (7), Florida Statutes, and s. 27.5304(1), (3),
 1142  (7), (11), and (12)(a)-(e), Florida Statutes, as carried forward
 1143  from chapter 2019-116, Laws of Florida, by this act, expire July
 1144  1, 2022, and the text of those subsections and paragraphs, as
 1145  applicable, shall revert to that in existence on June 30, 2019,
 1146  except that any amendments to such text enacted other than by
 1147  this act shall be preserved and continue to operate to the
 1148  extent that such amendments are not dependent upon the portions
 1149  of text which expire pursuant to this section.
 1150         Section 29. In order to implement Specific Appropriations
 1151  1076, 1078, 1080, and 1082 of the 2021-2022 General
 1152  Appropriations Act, section 27.403, Florida Statutes, is created
 1153  to read:
 1154         27.403 Cross-Jurisdictional Death Penalty Pilot Program.—
 1155         (1) The Cross-Jurisdictional Death Penalty Pilot Program is
 1156  established within the office of criminal conflict and civil
 1157  regional counsel for the region comprising the Second Appellate
 1158  District.
 1159         (2) Notwithstanding ss. 27.40 and 27.5305, if the public
 1160  defender in the Fifth Judicial Circuit or the Ninth Judicial
 1161  Circuit is unable to provide representation to an indigent
 1162  defendant charged with a crime under s. 782.04(1), s.
 1163  790.161(4), or s. 921.141 due to a conflict of interest and the
 1164  criminal conflict and civil regional counsel for the region
 1165  comprising the Fifth Appellate District is also unable to
 1166  provide representation to such defendant due to a conflict of
 1167  interest, the criminal conflict and civil regional counsel for
 1168  the region comprising the Second Appellate District shall be
 1169  appointed. If the criminal conflict and civil regional counsel
 1170  for the region comprising the Second Appellate District is
 1171  unable to provide representation due to a conflict of interest,
 1172  then private counsel shall be appointed.
 1173         (3) The Cross-Jurisdictional Death Penalty Pilot Program
 1174  expires June 30, 2022. However, appointments made pursuant to
 1175  this section before June 30, 2022, shall continue until
 1176  completion of the case.
 1177         (4) This section expires July 1, 2022.
 1178         Section 30. In order to implement Specific Appropriation
 1179  741 of the 2021-2022 General Appropriations Act, and
 1180  notwithstanding s. 28.35, Florida Statutes, the clerks of the
 1181  circuit court are responsible for any costs of compensation to
 1182  jurors, for meals or lodging provided to jurors, and for jury
 1183  related personnel costs that exceed the funding provided in the
 1184  General Appropriations Act for these purposes. This section
 1185  expires July 1, 2022.
 1186         Section 31. In order to implement Specific Appropriations
 1187  1105 through 1187A of the 2021-2022 General Appropriations Act,
 1188  and notwithstanding the expiration date in section 65 of chapter
 1189  2020-114, Laws of Florida, subsections (2) and (3) of section
 1190  20.316, Florida Statutes, are reenacted to read:
 1191         20.316 Department of Juvenile Justice.—There is created a
 1192  Department of Juvenile Justice.
 1193         (2) DEPARTMENT PROGRAMS.—The following programs are
 1194  established within the Department of Juvenile Justice:
 1195         (a) Accountability and Program Support.
 1196         (b) Administration.
 1197         (c) Intake and Detention.
 1198         (d) Prevention.
 1199         (e) Probation and Community Corrections.
 1200         (f) Residential and Correctional Facilities.
 1201  
 1202  The secretary may establish assistant secretary positions and a
 1203  chief of staff position as necessary to administer the
 1204  requirements of this section.
 1205         (3) JUVENILE JUSTICE OPERATING CIRCUITS.—The department
 1206  shall plan and administer its programs through a substate
 1207  structure that conforms to the boundaries of the judicial
 1208  circuits prescribed in s. 26.021. A county may seek placement in
 1209  a juvenile justice operating circuit other than as prescribed in
 1210  s. 26.021 for participation in the Prevention Program and the
 1211  Probation and Community Corrections Program by making a request
 1212  of the chief circuit judge in each judicial circuit affected by
 1213  such request. Upon a showing that geographic proximity,
 1214  community identity, or other legitimate concern for efficiency
 1215  of operations merits alternative placement, each affected chief
 1216  circuit judge may authorize the execution of an interagency
 1217  agreement specifying the alternative juvenile justice operating
 1218  circuit in which the county is to be placed and the basis for
 1219  the alternative placement. Upon the execution of said
 1220  interagency agreement by each affected chief circuit judge, the
 1221  secretary may administratively place a county in an alternative
 1222  juvenile justice operating circuit pursuant to the agreement.
 1223         Section 32. The amendments to s. 20.316(2) and (3), Florida
 1224  Statutes, as carried forward from chapter 2020-114, Laws of
 1225  Florida, by this act, expire July 1, 2022, and the text of those
 1226  subsections shall revert to that in existence on June 30, 2020,
 1227  except that any amendments to such text enacted other than this
 1228  act shall be preserved and continue to operate to the extent
 1229  that such amendments are not dependent upon the portions of text
 1230  which expire pursuant to this section.
 1231         Section 33. In order to implement appropriations used to
 1232  pay existing lease contracts for private lease space in excess
 1233  of 2,000 square feet in the 2021-2022 General Appropriations
 1234  Act, the Department of Management Services, with the cooperation
 1235  of the agencies having the existing lease contracts for office
 1236  or storage space, shall use tenant broker services to
 1237  renegotiate or reprocure all private lease agreements for office
 1238  or storage space expiring between July 1, 2022, and June 30,
 1239  2024, in order to reduce costs in future years. The department
 1240  shall incorporate this initiative into its 2021 master leasing
 1241  report required under s. 255.249(7), Florida Statutes, and may
 1242  use tenant broker services to explore the possibilities of
 1243  collocating office or storage space, to review the space needs
 1244  of each agency, and to review the length and terms of potential
 1245  renewals or renegotiations. The department shall provide a
 1246  report to the Executive Office of the Governor, the President of
 1247  the Senate, and the Speaker of the House of Representatives by
 1248  November 1, 2021, which lists each lease contract for private
 1249  office or storage space, the status of renegotiations, and the
 1250  savings achieved. This section expires July 1, 2022.
 1251         Section 34. In order to implement appropriations authorized
 1252  in the 2021-2022 General Appropriations Act for data center
 1253  services, and notwithstanding s. 216.292(2)(a), Florida
 1254  Statutes, an agency may not transfer funds from a data
 1255  processing category to a category other than another data
 1256  processing category. This section expires July 1, 2022.
 1257         Section 35. In order to implement the appropriation of
 1258  funds in the appropriation category “Data Processing Assessment
 1259  Department of Management Services” in the 2021-2022 General
 1260  Appropriations Act, and pursuant to the notice, review, and
 1261  objection procedures of s. 216.177, Florida Statutes, the
 1262  Executive Office of the Governor may transfer funds appropriated
 1263  in that category between departments in order to align the
 1264  budget authority granted based on the estimated billing cycle
 1265  and methodology used by the Department of Management Services
 1266  for data processing services provided. This section expires July
 1267  1, 2022.
 1268         Section 36. In order to implement the appropriation of
 1269  funds in the appropriation category “Special Categories-Risk
 1270  Management Insurance” in the 2021-2022 General Appropriations
 1271  Act, and pursuant to the notice, review, and objection
 1272  procedures of s. 216.177, Florida Statutes, the Executive Office
 1273  of the Governor may transfer funds appropriated in that category
 1274  between departments in order to align the budget authority
 1275  granted with the premiums paid by each department for risk
 1276  management insurance. This section expires July 1, 2022.
 1277         Section 37. In order to implement the appropriation of
 1278  funds in the appropriation category “Special Categories-Transfer
 1279  to Department of Management Services-Human Resources Services
 1280  Purchased per Statewide Contract” in the 2021-2022 General
 1281  Appropriations Act, and pursuant to the notice, review, and
 1282  objection procedures of s. 216.177, Florida Statutes, the
 1283  Executive Office of the Governor may transfer funds appropriated
 1284  in that category between departments in order to align the
 1285  budget authority granted with the assessments that must be paid
 1286  by each agency to the Department of Management Services for
 1287  human resource management services. This section expires July 1,
 1288  2022.
 1289         Section 38. In order to implement Specific Appropriations
 1290  2343 through 2346 of the 2021-2022 General Appropriations Act:
 1291         (1)The Department of Financial Services shall replace the
 1292  four main components of the Florida Accounting Information
 1293  Resource Subsystem (FLAIR), which include central FLAIR,
 1294  departmental FLAIR, payroll, and information warehouse, and
 1295  shall replace the cash management and accounting management
 1296  components of the Cash Management Subsystem (CMS) with an
 1297  integrated enterprise system that allows the state to organize,
 1298  define, and standardize its financial management business
 1299  processes and that complies with ss. 215.90-215.96, Florida
 1300  Statutes. The department may not include in the replacement of
 1301  FLAIR and CMS:
 1302         (a)Functionality that duplicates any of the other
 1303  information subsystems of the Florida Financial Management
 1304  Information System; or
 1305         (b)Agency business processes related to any of the
 1306  functions included in the Personnel Information System, the
 1307  Purchasing Subsystem, or the Legislative Appropriations
 1308  System/Planning and Budgeting Subsystem.
 1309         (2)For purposes of replacing FLAIR and CMS, the Department
 1310  of Financial Services shall:
 1311         (a)Take into consideration the cost and implementation
 1312  data identified for Option 3 as recommended in the March 31,
 1313  2014, Florida Department of Financial Services FLAIR Study,
 1314  version 031.
 1315         (b)Ensure that all business requirements and technical
 1316  specifications have been provided to all state agencies for
 1317  their review and input and approved by the executive steering
 1318  committee established in paragraph (c).
 1319         (c)Implement a project governance structure that includes
 1320  an executive steering committee composed of:
 1321         1.The Chief Financial Officer or the executive sponsor of
 1322  the project.
 1323         2.A representative of the Division of Treasury of the
 1324  Department of Financial Services, appointed by the Chief
 1325  Financial Officer.
 1326         3.A representative of the Division of Information Systems
 1327  of the Department of Financial Services, appointed by the Chief
 1328  Financial Officer.
 1329         4.Four employees from the Division of Accounting and
 1330  Auditing of the Department of Financial Services, appointed by
 1331  the Chief Financial Officer. Each employee must have experience
 1332  relating to at least one of the four main components that
 1333  compose FLAIR.
 1334         5.Two employees from the Executive Office of the Governor,
 1335  appointed by the Governor. One employee must have experience
 1336  relating to the Legislative Appropriations System/Planning and
 1337  Budgeting Subsystem.
 1338         6.One employee from the Department of Revenue, appointed
 1339  by the executive director, who has experience relating to the
 1340  department’s SUNTAX system.
 1341         7.Two employees from the Department of Management
 1342  Services, appointed by the Secretary of Management Services. One
 1343  employee must have experience relating to the department’s
 1344  personnel information subsystem and one employee must have
 1345  experience relating to the department’s purchasing subsystem.
 1346         8.Three state agency administrative services directors,
 1347  appointed by the Governor. One director must represent a
 1348  regulatory and licensing state agency and one director must
 1349  represent a health care-related state agency.
 1350         (3)The Chief Financial Officer or the executive sponsor of
 1351  the project shall serve as chair of the executive steering
 1352  committee, and the committee shall take action by a vote of at
 1353  least eight affirmative votes with the Chief Financial Officer
 1354  or the executive sponsor of the project voting on the prevailing
 1355  side. A quorum of the executive steering committee consists of
 1356  at least 10 members.
 1357         (4)The executive steering committee has the overall
 1358  responsibility for ensuring that the project to replace FLAIR
 1359  and CMS meets its primary business objectives and shall:
 1360         (a)Identify and recommend to the Executive Office of the
 1361  Governor, the President of the Senate, and the Speaker of the
 1362  House of Representatives any statutory changes needed to
 1363  implement the replacement subsystem that will standardize, to
 1364  the fullest extent possible, the state’s financial management
 1365  business processes.
 1366         (b) Review and approve any changes to the project’s scope,
 1367  schedule, and budget which do not conflict with the requirements
 1368  of subsection (1).
 1369         (c) Ensure that adequate resources are provided throughout
 1370  all phases of the project.
 1371         (d) Approve all major project deliverables.
 1372         (e) Approve all solicitation-related documents associated
 1373  with the replacement of FLAIR and CMS.
 1374         (5) This section expires July 1, 2022.
 1375         Section 39. In order to implement Specific Appropriation
 1376  1603 of the 2021-2022 General Appropriations Act, paragraph (d)
 1377  of subsection (11) of section 216.181, Florida Statutes, is
 1378  amended to read:
 1379         216.181 Approved budgets for operations and fixed capital
 1380  outlay.—
 1381         (11)
 1382         (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
 1383  for the 2021-2022 2020-2021 fiscal year only, the Legislative
 1384  Budget Commission may increase the amounts appropriated to the
 1385  Fish and Wildlife Conservation Commission or the Department of
 1386  Environmental Protection for fixed capital outlay projects,
 1387  including additional fixed capital outlay projects, using funds
 1388  provided to the state from the Gulf Environmental Benefit Fund
 1389  administered by the National Fish and Wildlife Foundation; funds
 1390  provided to the state from the Gulf Coast Restoration Trust Fund
 1391  related to the Resources and Ecosystems Sustainability, Tourist
 1392  Opportunities, and Revived Economies of the Gulf Coast Act of
 1393  2012 (RESTORE Act); or funds provided by the British Petroleum
 1394  Corporation (BP) for natural resource damage assessment
 1395  restoration projects. Concurrent with submission of an amendment
 1396  to the Legislative Budget Commission pursuant to this paragraph,
 1397  any project that carries a continuing commitment for future
 1398  appropriations by the Legislature must be specifically
 1399  identified, together with the projected amount of the future
 1400  commitment associated with the project and the fiscal years in
 1401  which the commitment is expected to commence. This paragraph
 1402  expires July 1, 2022 2021.
 1403  
 1404  The provisions of this subsection are subject to the notice and
 1405  objection procedures set forth in s. 216.177.
 1406         Section 40. In order to implement specific appropriations
 1407  from the land acquisition trust funds within the Department of
 1408  Agriculture and Consumer Services, the Department of
 1409  Environmental Protection, the Department of State, and the Fish
 1410  and Wildlife Conservation Commission, which are contained in the
 1411  2021-2022 General Appropriations Act, subsection (3) of section
 1412  215.18, Florida Statutes, is amended to read:
 1413         215.18 Transfers between funds; limitation.—
 1414         (3) Notwithstanding subsection (1) and only with respect to
 1415  a land acquisition trust fund in the Department of Agriculture
 1416  and Consumer Services, the Department of Environmental
 1417  Protection, the Department of State, or the Fish and Wildlife
 1418  Conservation Commission, whenever there is a deficiency in a
 1419  land acquisition trust fund which would render that trust fund
 1420  temporarily insufficient to meet its just requirements,
 1421  including the timely payment of appropriations from that trust
 1422  fund, and other trust funds in the State Treasury have moneys
 1423  that are for the time being or otherwise in excess of the
 1424  amounts necessary to meet the just requirements, including
 1425  appropriated obligations, of those other trust funds, the
 1426  Governor may order a temporary transfer of moneys from one or
 1427  more of the other trust funds to a land acquisition trust fund
 1428  in the Department of Agriculture and Consumer Services, the
 1429  Department of Environmental Protection, the Department of State,
 1430  or the Fish and Wildlife Conservation Commission. Any action
 1431  proposed pursuant to this subsection is subject to the notice,
 1432  review, and objection procedures of s. 216.177, and the Governor
 1433  shall provide notice of such action at least 7 days before the
 1434  effective date of the transfer of trust funds, except that
 1435  during July 2021 2020, notice of such action shall be provided
 1436  at least 3 days before the effective date of a transfer unless
 1437  such 3-day notice is waived by the chair and vice-chair of the
 1438  Legislative Budget Commission. Any transfer of trust funds to a
 1439  land acquisition trust fund in the Department of Agriculture and
 1440  Consumer Services, the Department of Environmental Protection,
 1441  the Department of State, or the Fish and Wildlife Conservation
 1442  Commission must be repaid to the trust funds from which the
 1443  moneys were loaned by the end of the 2021-2022 2020-2021 fiscal
 1444  year. The Legislature has determined that the repayment of the
 1445  other trust fund moneys temporarily loaned to a land acquisition
 1446  trust fund in the Department of Agriculture and Consumer
 1447  Services, the Department of Environmental Protection, the
 1448  Department of State, or the Fish and Wildlife Conservation
 1449  Commission pursuant to this subsection is an allowable use of
 1450  the moneys in a land acquisition trust fund because the moneys
 1451  from other trust funds temporarily loaned to a land acquisition
 1452  trust fund shall be expended solely and exclusively in
 1453  accordance with s. 28, Art. X of the State Constitution. This
 1454  subsection expires July 1, 2022 2021.
 1455         Section 41. (1) In order to implement specific
 1456  appropriations from the land acquisition trust funds within the
 1457  Department of Agriculture and Consumer Services, the Department
 1458  of Environmental Protection, the Department of State, and the
 1459  Fish and Wildlife Conservation Commission, which are contained
 1460  in the 2021-2022 General Appropriations Act, the Department of
 1461  Environmental Protection shall transfer revenues from the Land
 1462  Acquisition Trust Fund within the department to the land
 1463  acquisition trust funds within the Department of Agriculture and
 1464  Consumer Services, the Department of State, and the Fish and
 1465  Wildlife Conservation Commission, as provided in this section.
 1466  As used in this section, the term “department” means the
 1467  Department of Environmental Protection.
 1468         (2) After subtracting any required debt service payments,
 1469  the proportionate share of revenues to be transferred to each
 1470  land acquisition trust fund shall be calculated by dividing the
 1471  appropriations from each of the land acquisition trust funds for
 1472  the fiscal year by the total appropriations from the Land
 1473  Acquisition Trust Fund within the department and the land
 1474  acquisition trust funds within the Department of Agriculture and
 1475  Consumer Services, the Department of State, and the Fish and
 1476  Wildlife Conservation Commission for the fiscal year. The
 1477  department shall transfer the proportionate share of the
 1478  revenues in the Land Acquisition Trust Fund within the
 1479  department on a monthly basis to the appropriate land
 1480  acquisition trust funds within the Department of Agriculture and
 1481  Consumer Services, the Department of State, and the Fish and
 1482  Wildlife Conservation Commission and shall retain its
 1483  proportionate share of the revenues in the Land Acquisition
 1484  Trust Fund within the department. Total distributions to a land
 1485  acquisition trust fund within the Department of Agriculture and
 1486  Consumer Services, the Department of State, and the Fish and
 1487  Wildlife Conservation Commission may not exceed the total
 1488  appropriations from such trust fund for the fiscal year.
 1489         (3) In addition, the department shall transfer from the
 1490  Land Acquisition Trust Fund to land acquisition trust funds
 1491  within the Department of Agriculture and Consumer Services, the
 1492  Department of State, and the Fish and Wildlife Conservation
 1493  Commission amounts equal to the difference between the amounts
 1494  appropriated in chapter 2020-111, Laws of Florida, to the
 1495  department’s Land Acquisition Trust Fund and the other land
 1496  acquisition trust funds, and the amounts actually transferred
 1497  between those trust funds during the 2020-2021 fiscal year.
 1498         (4) The department may advance funds from the beginning
 1499  unobligated fund balance in the Land Acquisition Trust Fund to
 1500  the Land Acquisition Trust Fund within the Fish and Wildlife
 1501  Conservation Commission needed for cash flow purposes based on a
 1502  detailed expenditure plan. The department shall prorate amounts
 1503  transferred quarterly to the Fish and Wildlife Conservation
 1504  Commission to recoup the amount of funds advanced by June 30,
 1505  2022.
 1506         (5) This section expires July 1, 2022.
 1507         Section 42. In order to implement appropriations from the
 1508  Land Acquisition Trust Fund within the Department of
 1509  Environmental Protection in the 2021-2022 General Appropriations
 1510  Act, paragraph (b) of subsection (3) of section 375.041, Florida
 1511  Statutes, is amended to read:
 1512         375.041 Land Acquisition Trust Fund.—
 1513         (3) Funds distributed into the Land Acquisition Trust Fund
 1514  pursuant to s. 201.15 shall be applied:
 1515         (b) Of the funds remaining after the payments required
 1516  under paragraph (a), but before funds may be appropriated,
 1517  pledged, or dedicated for other uses:
 1518         1. A minimum of the lesser of 25 percent or $200 million
 1519  shall be appropriated annually for Everglades projects that
 1520  implement the Comprehensive Everglades Restoration Plan as set
 1521  forth in s. 373.470, including the Central Everglades Planning
 1522  Project subject to Congressional authorization; the Long-Term
 1523  Plan as defined in s. 373.4592(2); and the Northern Everglades
 1524  and Estuaries Protection Program as set forth in s. 373.4595.
 1525  From these funds, $32 million shall be distributed each fiscal
 1526  year through the 2023-2024 fiscal year to the South Florida
 1527  Water Management District for the Long-Term Plan as defined in
 1528  s. 373.4592(2). After deducting the $32 million distributed
 1529  under this subparagraph, from the funds remaining, a minimum of
 1530  the lesser of 76.5 percent or $100 million shall be appropriated
 1531  each fiscal year through the 2025-2026 fiscal year for the
 1532  planning, design, engineering, and construction of the
 1533  Comprehensive Everglades Restoration Plan as set forth in s.
 1534  373.470, including the Central Everglades Planning Project, the
 1535  Everglades Agricultural Area Storage Reservoir Project, the Lake
 1536  Okeechobee Watershed Project, the C-43 West Basin Storage
 1537  Reservoir Project, the Indian River Lagoon-South Project, the
 1538  Western Everglades Restoration Project, and the Picayune Strand
 1539  Restoration Project. The Department of Environmental Protection
 1540  and the South Florida Water Management District shall give
 1541  preference to those Everglades restoration projects that reduce
 1542  harmful discharges of water from Lake Okeechobee to the St.
 1543  Lucie or Caloosahatchee estuaries in a timely manner. For the
 1544  purpose of performing the calculation provided in this
 1545  subparagraph, the amount of debt service paid pursuant to
 1546  paragraph (a) for bonds issued after July 1, 2016, for the
 1547  purposes set forth under paragraph (b) shall be added to the
 1548  amount remaining after the payments required under paragraph
 1549  (a). The amount of the distribution calculated shall then be
 1550  reduced by an amount equal to the debt service paid pursuant to
 1551  paragraph (a) on bonds issued after July 1, 2016, for the
 1552  purposes set forth under this subparagraph.
 1553         2. A minimum of the lesser of 7.6 percent or $50 million
 1554  shall be appropriated annually for spring restoration,
 1555  protection, and management projects. For the purpose of
 1556  performing the calculation provided in this subparagraph, the
 1557  amount of debt service paid pursuant to paragraph (a) for bonds
 1558  issued after July 1, 2016, for the purposes set forth under
 1559  paragraph (b) shall be added to the amount remaining after the
 1560  payments required under paragraph (a). The amount of the
 1561  distribution calculated shall then be reduced by an amount equal
 1562  to the debt service paid pursuant to paragraph (a) on bonds
 1563  issued after July 1, 2016, for the purposes set forth under this
 1564  subparagraph.
 1565         3. The sum of $5 million shall be appropriated annually
 1566  each fiscal year through the 2025-2026 fiscal year to the St.
 1567  Johns River Water Management District for projects dedicated to
 1568  the restoration of Lake Apopka. This distribution shall be
 1569  reduced by an amount equal to the debt service paid pursuant to
 1570  paragraph (a) on bonds issued after July 1, 2016, for the
 1571  purposes set forth in this subparagraph.
 1572         4. The sum of $64 million is appropriated and shall be
 1573  transferred to the Everglades Trust Fund for the 2018-2019
 1574  fiscal year, and each fiscal year thereafter, for the EAA
 1575  reservoir project pursuant to s. 373.4598. Any funds remaining
 1576  in any fiscal year shall be made available only for Phase II of
 1577  the C-51 reservoir project or projects identified in
 1578  subparagraph 1. and must be used in accordance with laws
 1579  relating to such projects. Any funds made available for such
 1580  purposes in a fiscal year are in addition to the amount
 1581  appropriated under subparagraph 1. This distribution shall be
 1582  reduced by an amount equal to the debt service paid pursuant to
 1583  paragraph (a) on bonds issued after July 1, 2017, for the
 1584  purposes set forth in this subparagraph.
 1585         5. Notwithstanding subparagraph 3., for the 2021-2022 2020
 1586  2021 fiscal year, funds shall be appropriated as provided in the
 1587  General Appropriations Act. This subparagraph expires July 1,
 1588  2022 2021.
 1589         Section 43. In order to implement Specific Appropriation
 1590  1363 of the 2021-2022 General Appropriations Act, and
 1591  notwithstanding the expiration date in section 80 of chapter
 1592  2020-114, Laws of Florida, paragraph (a) of subsection (1) of
 1593  section 570.93, Florida Statutes, is reenacted to read:
 1594         570.93 Department of Agriculture and Consumer Services;
 1595  agricultural water conservation and agricultural water supply
 1596  planning.—
 1597         (1) The department shall establish an agricultural water
 1598  conservation program that includes the following:
 1599         (a) A cost-share program, coordinated with the United
 1600  States Department of Agriculture and other federal, state,
 1601  regional, and local agencies when appropriate, for irrigation
 1602  system retrofit and application of mobile irrigation laboratory
 1603  evaluations, and for water conservation and water quality
 1604  improvement pursuant to s. 403.067(7)(c).
 1605         Section 44. The amendment to s. 570.93(1)(a), Florida
 1606  Statutes, as carried forward from chapter 2019-116, Laws of
 1607  Florida, by this act, expires July 1, 2022, and the text of that
 1608  paragraph shall revert to that in existence on June 30, 2019,
 1609  except that any amendments to such text enacted other than by
 1610  this act shall be preserved and continue to operate to the
 1611  extent that such amendments are not dependent upon the portions
 1612  of text which expire pursuant to this section.
 1613         Section 45. In order to implement Specific Appropriation
 1614  1692A of the 2021-2022 General Appropriations Act, paragraph (m)
 1615  of subsection (3) of section 259.105, Florida Statutes, is
 1616  amended to read:
 1617         259.105 The Florida Forever Act.—
 1618         (3) Less the costs of issuing and the costs of funding
 1619  reserve accounts and other costs associated with bonds, the
 1620  proceeds of cash payments or bonds issued pursuant to this
 1621  section shall be deposited into the Florida Forever Trust Fund
 1622  created by s. 259.1051. The proceeds shall be distributed by the
 1623  Department of Environmental Protection in the following manner:
 1624         (m) Notwithstanding paragraphs (a)-(j) and for the 2021
 1625  2022 2020-2021 fiscal year, the amount of $1,998,100 $6 million
 1626  to only the Department of Environmental Protection for grants
 1627  pursuant to s. 375.075. This paragraph expires July 1, 2022
 1628  2021.
 1629         Section 46. In order to implement Specific Appropriation
 1630  1647 of the 2021-2022 General Appropriations Act, subsection
 1631  (22) is added to section 161.101, Florida Statutes, to read:
 1632         161.101 State and local participation in authorized
 1633  projects and studies relating to beach management and erosion
 1634  control.—
 1635         (22) Notwithstanding this section and ss. 161.143 and
 1636  161.161, and for the 2021-2022 fiscal year only, the department
 1637  shall fund beach and inlet management projects as specified in
 1638  the General Appropriations Act. This subsection expires July 1,
 1639  2022.
 1640         Section 47. In order to implement Specific Appropriation
 1641  1670 of the 2021-2022 General Appropriations Act, and
 1642  notwithstanding the expiration date in section 84 of chapter
 1643  2020-114, Laws of Florida, paragraph (g) of subsection (15) of
 1644  section 376.3071, Florida Statutes, is reenacted to read:
 1645         376.3071 Inland Protection Trust Fund; creation; purposes;
 1646  funding.—
 1647         (15) ETHANOL OR BIODIESEL DAMAGE; PREVENTIVE MEASURES.—The
 1648  department shall pay, pursuant to this subsection, up to $10
 1649  million each fiscal year from the fund for the costs of labor
 1650  and equipment to repair or replace petroleum storage systems
 1651  that may have been damaged due to the storage of fuels blended
 1652  with ethanol or biodiesel, or for preventive measures to reduce
 1653  the potential for such damage.
 1654         (g) Payments may not be made for the following:
 1655         1. Proposal costs or costs related to preparation of the
 1656  application and required documentation;
 1657         2. Certified public accountant costs;
 1658         3. Except as provided in paragraph (j), any costs in excess
 1659  of the amount approved by the department under paragraph (b) or
 1660  which are not in substantial compliance with the purchase order;
 1661         4. Costs associated with storage tanks, piping, or
 1662  ancillary equipment that has previously been repaired or
 1663  replaced for which costs have been paid under this section;
 1664         5. Facilities that are not in compliance with department
 1665  storage tank rules, until the noncompliance issues have been
 1666  resolved; or
 1667         6. Costs associated with damage to petroleum storage
 1668  systems caused in whole or in part by causes other than the
 1669  storage of fuels blended with ethanol or biodiesel.
 1670         Section 48. The amendment to s. 376.3071(15)(g), Florida
 1671  Statutes, as carried forward from chapter 2020-114, Laws of
 1672  Florida, by this act, expires July 1, 2022, and the text of that
 1673  paragraph shall revert to that in existence on July 1, 2020, not
 1674  including any amendments made by this act or chapter 2020-114,
 1675  Laws of Florida, except that any amendments to such text enacted
 1676  other than by this act shall be preserved and continue to
 1677  operate to the extent that such amendments are not dependent
 1678  upon the portion of text which expires pursuant to this section.
 1679         Section 49. In order to implement Specific Appropriation
 1680  2604 of the 2021-2022 General Appropriations Act, paragraph (b)
 1681  of subsection (3) and subsection (5) of section 321.04, Florida
 1682  Statutes, are amended to read:
 1683         321.04 Personnel of the highway patrol; rank
 1684  classifications; probationary status of new patrol officers;
 1685  subsistence; special assignments.—
 1686         (3)
 1687         (b) For the 2021-2022 2020-2021 fiscal year only, upon the
 1688  request of the Governor, the Department of Highway Safety and
 1689  Motor Vehicles shall assign one or more patrol officers to the
 1690  office of the Lieutenant Governor for security services. This
 1691  paragraph expires July 1, 2022 2021.
 1692         (5) For the 2021-2022 2020-2021 fiscal year only, the
 1693  assignment of a patrol officer by the department shall include a
 1694  Cabinet member specified in s. 4, Art. IV of the State
 1695  Constitution if deemed appropriate by the department or in
 1696  response to a threat and upon written request of such Cabinet
 1697  member. This subsection expires July 1, 2022 2021.
 1698         Section 50. Effective upon this act becoming a law and in
 1699  order to implement Specific Appropriations 2583 and 2592 of the
 1700  2021-2022 General Appropriations Act, subsection (7) of section
 1701  215.559, Florida Statutes, is amended to read:
 1702         215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss
 1703  Mitigation Program is established in the Division of Emergency
 1704  Management.
 1705         (7) This section is repealed June 30, 2022 2021.
 1706         Section 51. In order to implement section 94 of the 2021
 1707  2022 General Appropriations Act, subsection (4) of section
 1708  288.80125, Florida Statutes, is amended to read:
 1709         288.80125 Triumph Gulf Coast Trust Fund.—
 1710         (4) For the 2021-2022 2020-2021 fiscal year, funds shall be
 1711  used for the Rebuild Florida Revolving Loan Fund program to
 1712  provide assistance to businesses impacted by Hurricane Michael
 1713  as provided in the General Appropriations Act. This subsection
 1714  expires July 1, 2022 2021.
 1715         Section 52. In order to implement Specific Appropriations
 1716  1865 through 1878, 1884 through 1887, 1900 through 1908, 1910
 1717  through 1919, and 1954 through 1966 of the 2021-2022 General
 1718  Appropriations Act, present subsections (15) and (16) of section
 1719  337.11, Florida Statutes, are redesignated as subsections (16)
 1720  and (17), respectively, and a new subsection (15) is added to
 1721  that section, to read:
 1722         337.11 Contracting authority of department; bids; emergency
 1723  repairs, supplemental agreements, and change orders; combined
 1724  design and construction contracts; progress payments; records;
 1725  requirements of vehicle registration.—
 1726         (15)(a) The department may not enter into a contract with a
 1727  consultant for design services or construction engineering and
 1728  inspection services related to a construction project which
 1729  exceeds 5 percent of the estimated cost of such construction
 1730  project without the approval of the secretary.
 1731         (b) The department may share a portion of the construction
 1732  cost savings realized due to a change in the construction
 1733  contract design and scope, initiated after execution of the
 1734  contract, with a design services consultant or a construction
 1735  engineering and inspection services consultant to the extent
 1736  that the consultant’s input and involvement contributed to such
 1737  savings. The amount paid to a consultant pursuant to this
 1738  paragraph may not exceed 5 percent of the construction cost
 1739  savings realized.
 1740         (c) This subsection expires July 1, 2022.
 1741         Section 53. In order to implement section 116 of the 2021
 1742  2022 General Appropriations Act, subsection (4) is added to
 1743  section 339.08, Florida Statutes, to read:
 1744         339.08 Use of moneys in State Transportation Trust Fund.—
 1745         (4) Notwithstanding the provisions of this section and ss.
 1746  215.32(2)(b)4. and 339.09(1), and for the 2021-2022 fiscal year
 1747  only, funds may be transferred from the State Transportation
 1748  Trust Fund to the General Revenue Fund as specified in the
 1749  General Appropriations Act. Notwithstanding ss. 206.46(3) and
 1750  206.606(2), the total amount transferred shall be reduced from
 1751  total state revenues deposited into the State Transportation
 1752  Trust Fund for the calculation requirements of ss. 206.46(3) and
 1753  206.606(2). This subsection expires July 1, 2022.
 1754         Section 54. In order to implement Specific Appropriations
 1755  1865 through 1878, 1884 through 1887, 1900 through 1908, 1910
 1756  through 1919, and 1954 through 1966 of the 2021-2022 General
 1757  Appropriations Act, paragraphs (g) and (h) of subsection (7) of
 1758  section 339.135, Florida Statutes, are amended to read:
 1759         339.135 Work program; legislative budget request;
 1760  definitions; preparation, adoption, execution, and amendment.—
 1761         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
 1762         (g)1. Any work program amendment which also requires the
 1763  transfer of fixed capital outlay appropriations between
 1764  categories within the department or the increase of an
 1765  appropriation category is subject to the approval of the
 1766  Legislative Budget Commission.
 1767         2. If the department submits an amendment to a meeting of
 1768  the Legislative Budget Commission and the commission does not
 1769  meet or consider the amendment cannot be held within 30 days
 1770  after its submittal the department submits an amendment to the
 1771  Legislative Budget Commission, the chair and vice chair of the
 1772  Legislative Budget Commission may authorize such amendment to be
 1773  approved pursuant to s. 216.177. This subparagraph expires July
 1774  1, 2022 2021.
 1775         (h)1. Any work program amendment that also adds a new
 1776  project, or phase thereof, to the adopted work program in excess
 1777  of $3 million is subject to approval by the Legislative Budget
 1778  Commission. Any work program amendment submitted under this
 1779  paragraph must include, as supplemental information, a list of
 1780  projects, or phases thereof, in the current 5-year adopted work
 1781  program which are eligible for the funds within the
 1782  appropriation category being used for the proposed amendment.
 1783  The department shall provide a narrative with the rationale for
 1784  not advancing an existing project, or phase thereof, in lieu of
 1785  the proposed amendment.
 1786         2. If the department submits an amendment to a meeting of
 1787  the Legislative Budget Commission and the commission does not
 1788  meet or consider the amendment cannot be held within 30 days
 1789  after its submittal the department submits an amendment to the
 1790  commission, the chair and vice chair of the commission may
 1791  authorize the amendment to be approved pursuant to s. 216.177.
 1792  This subparagraph expires July 1, 2022 2021.
 1793         Section 55. In order to implement Specific Appropriations
 1794  2544 of the 2021-2022 General Appropriations Act, paragraph (d)
 1795  of subsection (4) of section 112.061, Florida Statutes, is
 1796  amended to read:
 1797         112.061 Per diem and travel expenses of public officers,
 1798  employees, and authorized persons; statewide travel management
 1799  system.—
 1800         (4) OFFICIAL HEADQUARTERS.—The official headquarters of an
 1801  officer or employee assigned to an office shall be the city or
 1802  town in which the office is located except that:
 1803         (d) A Lieutenant Governor who permanently resides outside
 1804  of Leon County, may, if he or she so requests, have an
 1805  appropriate facility in his or her county designated as his or
 1806  her official headquarters for purposes of this section. This
 1807  official headquarters may only serve as the Lieutenant
 1808  Governor’s personal office. The Lieutenant Governor may not use
 1809  state funds to lease space in any facility for his or her
 1810  official headquarters.
 1811         1. A Lieutenant Governor for whom an official headquarters
 1812  is established in his or her county of residence pursuant to
 1813  this paragraph is eligible for subsistence at a rate to be
 1814  established by the Governor for each day or partial day that the
 1815  Lieutenant Governor is at the State Capitol to conduct official
 1816  state business. In addition to the subsistence allowance, a
 1817  Lieutenant Governor is eligible for reimbursement for
 1818  transportation expenses as provided in subsection (7) for travel
 1819  between the Lieutenant Governor’s official headquarters and the
 1820  State Capitol to conduct state business.
 1821         2. Payment of subsistence and reimbursement for
 1822  transportation between a Lieutenant Governor’s official
 1823  headquarters and the State Capitol shall be made to the extent
 1824  appropriated funds are available, as determined by the Governor.
 1825         3. This paragraph expires July 1, 2022 2021.
 1826         Section 56. In order to implement the salaries and
 1827  benefits, expenses, other personal services, contracted
 1828  services, special categories, and operating capital outlay
 1829  categories of the 2021-2022 General Appropriations Act,
 1830  paragraph (a) of subsection (2) of section 216.292, Florida
 1831  Statutes, is amended to read:
 1832         216.292 Appropriations nontransferable; exceptions.—
 1833         (2) The following transfers are authorized to be made by
 1834  the head of each department or the Chief Justice of the Supreme
 1835  Court whenever it is deemed necessary by reason of changed
 1836  conditions:
 1837         (a) The transfer of appropriations funded from identical
 1838  funding sources, except appropriations for fixed capital outlay,
 1839  and the transfer of amounts included within the total original
 1840  approved budget and plans of releases of appropriations as
 1841  furnished pursuant to ss. 216.181 and 216.192, as follows:
 1842         1. Between categories of appropriations within a budget
 1843  entity, if no category of appropriation is increased or
 1844  decreased by more than 5 percent of the original approved budget
 1845  or $250,000, whichever is greater, by all action taken under
 1846  this subsection.
 1847         2. Between budget entities within identical categories of
 1848  appropriations, if no category of appropriation is increased or
 1849  decreased by more than 5 percent of the original approved budget
 1850  or $250,000, whichever is greater, by all action taken under
 1851  this subsection.
 1852         3. Any agency exceeding salary rate established pursuant to
 1853  s. 216.181(8) on June 30th of any fiscal year shall not be
 1854  authorized to make transfers pursuant to subparagraphs 1. and 2.
 1855  in the subsequent fiscal year.
 1856         4. Notice of proposed transfers under subparagraphs 1. and
 1857  2. shall be provided to the Executive Office of the Governor and
 1858  the chairs of the legislative appropriations committees at least
 1859  3 days prior to agency implementation in order to provide an
 1860  opportunity for review. The review shall be limited to ensuring
 1861  that the transfer is in compliance with the requirements of this
 1862  paragraph.
 1863         5. For the 2021-2022 2020-2021 fiscal year, the review
 1864  shall ensure that transfers proposed pursuant to this paragraph
 1865  comply with this chapter, maximize the use of available and
 1866  appropriate trust funds, and are not contrary to legislative
 1867  policy and intent. This subparagraph expires July 1, 2022 2021.
 1868         Section 57. In order to implement section 8 of the 2021
 1869  2022 General Appropriations Act, notwithstanding s.
 1870  110.123(3)(f) and (j), Florida Statutes, the Department of
 1871  Management Services shall maintain and offer the same PPO and
 1872  HMO health plan alternatives to the participants of the State
 1873  Group Health Insurance Program during the 2021-2022 fiscal year
 1874  which were in effect for the 2020-2021 fiscal year. This section
 1875  expires July 1, 2022.
 1876         Section 58. In order to implement the appropriation of
 1877  funds in the special categories, contracted services, and
 1878  expenses categories of the 2021-2022 General Appropriations Act,
 1879  a state agency may not initiate a competitive solicitation for a
 1880  product or service if the completion of such competitive
 1881  solicitation would:
 1882         (1) Require a change in law; or
 1883         (2) Require a change to the agency’s budget other than a
 1884  transfer authorized in s. 216.292(2) or (3), Florida Statutes,
 1885  unless the initiation of such competitive solicitation is
 1886  specifically authorized in law, in the General Appropriations
 1887  Act, or by the Legislative Budget Commission.
 1888  
 1889  This section does not apply to a competitive solicitation for
 1890  which the agency head certifies that a valid emergency exists.
 1891  This section expires July 1, 2022.
 1892         Section 59. In order to implement appropriations for
 1893  salaries and benefits of the 2021-2022 General Appropriations
 1894  Act, subsection (6) of section 112.24, Florida Statutes, is
 1895  amended to read:
 1896         112.24 Intergovernmental interchange of public employees.
 1897  To encourage economical and effective utilization of public
 1898  employees in this state, the temporary assignment of employees
 1899  among agencies of government, both state and local, and
 1900  including school districts and public institutions of higher
 1901  education is authorized under terms and conditions set forth in
 1902  this section. State agencies, municipalities, and political
 1903  subdivisions are authorized to enter into employee interchange
 1904  agreements with other state agencies, the Federal Government,
 1905  another state, a municipality, or a political subdivision
 1906  including a school district, or with a public institution of
 1907  higher education. State agencies are also authorized to enter
 1908  into employee interchange agreements with private institutions
 1909  of higher education and other nonprofit organizations under the
 1910  terms and conditions provided in this section. In addition, the
 1911  Governor or the Governor and Cabinet may enter into employee
 1912  interchange agreements with a state agency, the Federal
 1913  Government, another state, a municipality, or a political
 1914  subdivision including a school district, or with a public
 1915  institution of higher learning to fill, subject to the
 1916  requirements of chapter 20, appointive offices which are within
 1917  the executive branch of government and which are filled by
 1918  appointment by the Governor or the Governor and Cabinet. Under
 1919  no circumstances shall employee interchange agreements be
 1920  utilized for the purpose of assigning individuals to participate
 1921  in political campaigns. Duties and responsibilities of
 1922  interchange employees shall be limited to the mission and goals
 1923  of the agencies of government.
 1924         (6) For the 2021-2022 2020-2021 fiscal year only, the
 1925  assignment of an employee of a state agency as provided in this
 1926  section may be made if recommended by the Governor or Chief
 1927  Justice, as appropriate, and approved by the chairs of the
 1928  legislative appropriations committees. Such actions shall be
 1929  deemed approved if neither chair provides written notice of
 1930  objection within 14 days after receiving notice of the action
 1931  pursuant to s. 216.177. This subsection expires July 1, 2022
 1932  2021.
 1933         Section 60. In order to implement Specific Appropriations
 1934  2670 and 2671 of the 2021-2022 General Appropriations Act, and
 1935  notwithstanding s. 11.13(1), Florida Statutes, the authorized
 1936  salaries for members of the Legislature for the 2021-2022 fiscal
 1937  year shall be set at the same level in effect on July 1, 2010.
 1938  This section expires July 1, 2022.
 1939         Section 61. In order to implement the transfer of funds
 1940  from the General Revenue Fund from trust funds for the 2021-2022
 1941  General Appropriations Act, and notwithstanding the expiration
 1942  date in section 102 of chapter 2020-114, Laws of Florida,
 1943  paragraph (b) of subsection (2) of section 215.32, Florida
 1944  Statutes, is reenacted to read:
 1945         215.32 State funds; segregation.—
 1946         (2) The source and use of each of these funds shall be as
 1947  follows:
 1948         (b)1. The trust funds shall consist of moneys received by
 1949  the state which under law or under trust agreement are
 1950  segregated for a purpose authorized by law. The state agency or
 1951  branch of state government receiving or collecting such moneys
 1952  is responsible for their proper expenditure as provided by law.
 1953  Upon the request of the state agency or branch of state
 1954  government responsible for the administration of the trust fund,
 1955  the Chief Financial Officer may establish accounts within the
 1956  trust fund at a level considered necessary for proper
 1957  accountability. Once an account is established, the Chief
 1958  Financial Officer may authorize payment from that account only
 1959  upon determining that there is sufficient cash and releases at
 1960  the level of the account.
 1961         2. In addition to other trust funds created by law, to the
 1962  extent possible, each agency shall use the following trust funds
 1963  as described in this subparagraph for day-to-day operations:
 1964         a. Operations or operating trust fund, for use as a
 1965  depository for funds to be used for program operations funded by
 1966  program revenues, with the exception of administrative
 1967  activities when the operations or operating trust fund is a
 1968  proprietary fund.
 1969         b. Operations and maintenance trust fund, for use as a
 1970  depository for client services funded by third-party payors.
 1971         c. Administrative trust fund, for use as a depository for
 1972  funds to be used for management activities that are departmental
 1973  in nature and funded by indirect cost earnings and assessments
 1974  against trust funds. Proprietary funds are excluded from the
 1975  requirement of using an administrative trust fund.
 1976         d. Grants and donations trust fund, for use as a depository
 1977  for funds to be used for allowable grant or donor agreement
 1978  activities funded by restricted contractual revenue from private
 1979  and public nonfederal sources.
 1980         e. Agency working capital trust fund, for use as a
 1981  depository for funds to be used pursuant to s. 216.272.
 1982         f. Clearing funds trust fund, for use as a depository for
 1983  funds to account for collections pending distribution to lawful
 1984  recipients.
 1985         g. Federal grant trust fund, for use as a depository for
 1986  funds to be used for allowable grant activities funded by
 1987  restricted program revenues from federal sources.
 1988  
 1989  To the extent possible, each agency must adjust its internal
 1990  accounting to use existing trust funds consistent with the
 1991  requirements of this subparagraph. If an agency does not have
 1992  trust funds listed in this subparagraph and cannot make such
 1993  adjustment, the agency must recommend the creation of the
 1994  necessary trust funds to the Legislature no later than the next
 1995  scheduled review of the agency’s trust funds pursuant to s.
 1996  215.3206.
 1997         3. All such moneys are hereby appropriated to be expended
 1998  in accordance with the law or trust agreement under which they
 1999  were received, subject always to the provisions of chapter 216
 2000  relating to the appropriation of funds and to the applicable
 2001  laws relating to the deposit or expenditure of moneys in the
 2002  State Treasury.
 2003         4.a. Notwithstanding any provision of law restricting the
 2004  use of trust funds to specific purposes, unappropriated cash
 2005  balances from selected trust funds may be authorized by the
 2006  Legislature for transfer to the Budget Stabilization Fund and
 2007  General Revenue Fund in the General Appropriations Act.
 2008         b. This subparagraph does not apply to trust funds required
 2009  by federal programs or mandates; trust funds established for
 2010  bond covenants, indentures, or resolutions whose revenues are
 2011  legally pledged by the state or public body to meet debt service
 2012  or other financial requirements of any debt obligations of the
 2013  state or any public body; the Division of Licensing Trust Fund
 2014  in the Department of Agriculture and Consumer Services; the
 2015  State Transportation Trust Fund; the trust fund containing the
 2016  net annual proceeds from the Florida Education Lotteries; the
 2017  Florida Retirement System Trust Fund; trust funds under the
 2018  management of the State Board of Education or the Board of
 2019  Governors of the State University System, where such trust funds
 2020  are for auxiliary enterprises, self-insurance, and contracts,
 2021  grants, and donations, as those terms are defined by general
 2022  law; trust funds that serve as clearing funds or accounts for
 2023  the Chief Financial Officer or state agencies; trust funds that
 2024  account for assets held by the state in a trustee capacity as an
 2025  agent or fiduciary for individuals, private organizations, or
 2026  other governmental units; and other trust funds authorized by
 2027  the State Constitution.
 2028         Section 62. The text of s. 215.32(2)(b), Florida Statutes,
 2029  as carried forward from chapter 2011-47, Laws of Florida, by
 2030  this act, expires July 1, 2022, and the text of that paragraph
 2031  shall revert to that in existence on June 30, 2011, except that
 2032  any amendments to such text enacted other than by this act shall
 2033  be preserved and continue to operate to the extent that such
 2034  amendments are not dependent upon the portions of text which
 2035  expire pursuant to this section.
 2036         Section 63. In order to implement appropriations in the
 2037  2021-2022 General Appropriations Act for state employee travel,
 2038  the funds appropriated to each state agency which may be used
 2039  for travel by state employees are limited during the 2021-2022
 2040  fiscal year to travel for activities that are critical to each
 2041  state agency’s mission. Funds may not be used for travel by
 2042  state employees to foreign countries, other states, conferences,
 2043  staff training activities, or other administrative functions
 2044  unless the agency head has approved, in writing, that such
 2045  activities are critical to the agency’s mission. The agency head
 2046  shall consider using teleconferencing and other forms of
 2047  electronic communication to meet the needs of the proposed
 2048  activity before approving mission-critical travel. This section
 2049  does not apply to travel for law enforcement purposes, military
 2050  purposes, emergency management activities, or public health
 2051  activities. This section expires July 1, 2022.
 2052         Section 64. In order to implement appropriations in the
 2053  2021-2022 General Appropriations Act for state employee travel
 2054  and notwithstanding s. 112.061, Florida Statutes, costs for
 2055  lodging associated with a meeting, conference, or convention
 2056  organized or sponsored in whole or in part by a state agency or
 2057  the judicial branch may not exceed $175 per day. An employee may
 2058  expend his or her own funds for any lodging expenses in excess
 2059  of $175 per day. For purposes of this section, a meeting does
 2060  not include travel activities for conducting an audit,
 2061  examination, inspection, or investigation or travel activities
 2062  related to a litigation or emergency response. This section
 2063  expires July 1, 2022.
 2064         Section 65. In order to implement the appropriation of
 2065  funds in the special categories, contracted services, and
 2066  expenses categories of the 2021-2022 General Appropriations Act,
 2067  a state agency may not enter into a contract containing a
 2068  nondisclosure clause that prohibits the contractor from
 2069  disclosing information relevant to the performance of the
 2070  contract to members or staff of the Senate or the House of
 2071  Representatives. This section expires July 1, 2022.
 2072         Section 66. In order to implement the appropriation of
 2073  funds in the special categories, contracted services, and
 2074  expenses categories of the 2021-2022 General Appropriations Act,
 2075  section 216.1366, Florida Statutes, is reenacted and amended to
 2076  read:
 2077         216.1366 Contract terms.—
 2078         (1) In order to preserve the interest of the state in the
 2079  prudent expenditure of state funds, each public agency contract
 2080  for services entered into or amended on or after July 1, 2020,
 2081  shall authorize the public agency to inspect the:
 2082         (a) Financial records, papers, and documents of the
 2083  contractor that are directly related to the performance of the
 2084  contract or the expenditure of state funds.
 2085         (b) Programmatic records, papers, and documents of the
 2086  contractor which the public agency determines are necessary to
 2087  monitor the performance of the contract or to ensure that the
 2088  terms of the contract are being met.
 2089         (2) The contract shall require the contractor to provide
 2090  such records, papers, and documents requested by the public
 2091  agency within 10 business days after the request is made.
 2092         (3) This section expires July 1, 2022 2021.
 2093         Section 67. In order to implement sections 10 through 17 of
 2094  the 2021-2022 General Appropriations Act, the detailed
 2095  reversions by state agency, budget entity, appropriation
 2096  category, and fund included in the document titled “Fiscal Year
 2097  2020-2021 Immediate Reversions” dated March 26, 2021, and filed
 2098  with the Secretary of the Senate, are incorporated by reference
 2099  for the purpose of displaying calculations used by the
 2100  Legislature, consistent with the requirements of state law, in
 2101  making appropriations for the 2020-2021 fiscal year. This
 2102  section expires July 1, 2022.
 2103         Section 68. In order to implement section 8 of the 2021
 2104  2022 General Appropriations Act, and notwithstanding s.
 2105  216.181(2)(h), Florida Statutes, state agencies may submit
 2106  budget amendments, subject to the notice, review, and objection
 2107  procedures of s. 216.177, Florida Statutes, to implement salary
 2108  increases necessary to address pay plan compression issues as a
 2109  result of the increase of the minimum wage to $13 per hour. This
 2110  section expires July 1, 2022.
 2111         Section 69. Any section of this act which implements a
 2112  specific appropriation or specifically identified proviso
 2113  language in the 2021-2022 General Appropriations Act is void if
 2114  the specific appropriation or specifically identified proviso
 2115  language is vetoed. Any section of this act which implements
 2116  more than one specific appropriation or more than one portion of
 2117  specifically identified proviso language in the 2021-2022
 2118  General Appropriations Act is void if all the specific
 2119  appropriations or portions of specifically identified proviso
 2120  language are vetoed.
 2121         Section 70. If any other act passed during the 2021 Regular
 2122  Session of the Legislature contains a provision that is
 2123  substantively the same as a provision in this act, but that
 2124  removes or is otherwise not subject to the future repeal applied
 2125  to such provision by this act, the Legislature intends that the
 2126  provision in the other act takes precedence and continues to
 2127  operate, notwithstanding the future repeal provided by this act.
 2128         Section 71. If any provision of this act or its application
 2129  to any person or circumstance is held invalid, the invalidity
 2130  does not affect other provisions or applications of the act
 2131  which can be given effect without the invalid provision or
 2132  application, and to this end the provisions of this act are
 2133  severable.
 2134         Section 72. Except as otherwise expressly provided in this
 2135  act and except for this section, which shall take effect upon
 2136  this act becoming a law, this act shall take effect July 1,
 2137  2021, or, if this act fails to become a law until after that
 2138  date, it shall take effect upon becoming a law and shall operate
 2139  retroactively to July 1, 2021.