Senate Bill sb2002

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    Florida Senate - 2001                                  SB 2002

    By the Committee on Appropriations





    309-1474C-01

  1                      A bill to be entitled

  2         An act implementing the 2001-2002 General

  3         Appropriations Act; providing legislative

  4         intent; providing for allocation of moneys

  5         provided for workforce development and

  6         providing for budget amendment when a program

  7         is moved; requiring the Agency for Health Care

  8         Administration to use a specified

  9         disproportionate share formula, specified

10         audited financial data, and a specified

11         Medicaid per diem rate in fiscal year 2001-2002

12         for qualifying hospitals; amending s. 409.9116,

13         F.S.; providing a formula for rural hospital

14         disproportionate share payments; amending s.

15         216.181, F.S.; authorizing the Department of

16         Children and Family Services and the Department

17         of Health to advance certain moneys for certain

18         contract services; directing the Agency for

19         Health Care Administration to include health

20         maintenance organization recipients in the

21         county billing for a specified purpose;

22         amending s. 409.905, F.S.; prescribing

23         conditions upon which an adjustment in a

24         hospital's inpatient per diem rate may be

25         based; amending s. 216.177, F.S.; providing

26         notice requirements for the Department of

27         Children and Family Services with respect to

28         transferring portions of district budgets;

29         amending s. 409.915, F.S.; exempting counties

30         from contributing toward the increased cost of

31         hospital inpatient services due to elimination

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  1         of Medicaid ceilings on certain types of

  2         hospitals and for special Medicaid

  3         reimbursements to hospitals; revising the level

  4         of county participation; prohibiting the Agency

  5         for Health Care Administration from adjusting

  6         premiums paid to health maintenance

  7         organizations or prepaid health care plans due

  8         to elimination of Medicaid ceilings on certain

  9         types of hospitals and special Medicaid

10         payments to hospitals; amending s. 409.904,

11         F.S.; revising eligibility requirements for

12         certain medical assistance payments; amending

13         s. 409.905, F.S.; prescribing additional

14         limitations that may be placed on hospital

15         inpatient services under Medicaid; amending s.

16         409.906, F.S.; revising standards for payable

17         intermediate care services; amending s.

18         409.908, F.S.; revising standards, guidelines,

19         and limitations relating to reimbursement of

20         Medicaid providers; amending s. 409.91195,

21         F.S.; providing for a restricted drug formulary

22         applicable to Medicaid providers; amending s.

23         409.912, F.S.; prescribing additional services

24         that the Agency for Health Care Administration

25         may provide through competitive bidding;

26         authorizing the agency to establish, and make

27         exceptions to, a restricted drug formulary;

28         amending s. 409.904, F.S.; providing additional

29         limitations on services that may be furnished

30         to medically needy patients; amending s.

31         409.913, F.S.; requiring the Agency for Health

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  1         Care Administration to implement a pilot

  2         program to prevent Medicaid fraud and abuse

  3         with respect to pharmaceuticals; amending s.

  4         409.906, F.S.; providing for reimbursement and

  5         use-management reforms with respect to

  6         community mental health services; amending s.

  7         409.912, F.S.; authorizing the agency to

  8         contract with children's clinic networks for

  9         certain purposes; amending s. 409.9122, F.S.;

10         providing for disproportionate assignment of

11         certain Medicaid-eligible children to

12         children's clinic networks; providing for the

13         assignment of certain Medicaid recipients to

14         managed care plans; amending s. 409.904, F.S.;

15         providing for the Agency for Health Care

16         Administration to pay for specified cancer

17         treatment; amending s. 39.3065, F.S.;

18         prescribing responsibility of the Seminole

19         County Sheriff with respect to child protective

20         investigations; amending s. 414.045, F.S.;

21         revising reporting requirements with respect to

22         the cash assistance program; providing

23         legislative intent and directives with respect

24         to community-based care initiatives; requiring

25         the availability of certain funds for the

26         temporary assistance for needy families

27         program; authorizing a transfer of funds

28         between the Department of Children and Family

29         Services and the Department of Juvenile Justice

30         relating to transfer of staff between the

31         departments; amending s. 318.21, F.S.;

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  1         distributing a portion of the civil penalties

  2         paid to the county courts to the state courts

  3         system instead of the Department of Children

  4         and Family Services for administrative,

  5         training, and other costs associated with the

  6         implementation and maintenance of Florida

  7         foster care citizen review panels; amending s.

  8         925.037, F.S.; providing that the state courts

  9         system shall allocate conflict counsel funds

10         among certain counties; amending s. 25.402,

11         F.S.; revising membership of the County Article

12         V Trust Fund advisory committee; revising uses

13         of the fund; amending s. 216.262, F.S.;

14         providing for additional positions to operate

15         additional prison bed capacity under certain

16         circumstances; amending ss. 938.01, 943.25,

17         F.S.; providing for deposit of certain funds

18         for use by the Department of Law Enforcement,

19         rather than the Department of Community

20         Affairs; providing for future reversion to

21         current text; transferring the Criminal Justice

22         Program from the Department of Community

23         Affairs to the Department of Law Enforcement;

24         transferring the Prevention of Domestic and

25         Sexual Violence Program from the Department of

26         Community Affairs to the Department of Children

27         and Family Services; providing matching funds

28         for the administration of such program;

29         directing Enterprise Florida, Inc., to operate

30         sister-city and sister-state programs according

31         to specified standards; authorizing Enterprise

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  1         Florida, Inc., to contract for the

  2         implementation of Florida's international

  3         volunteer corps; authorizing the Department of

  4         Community Affairs to use specified methods to

  5         issue notices of intent; amending s. 287.161,

  6         F.S.; requiring the Department of Management

  7         Services to charge all persons receiving

  8         transportation from the executive aircraft pool

  9         a specified rate; providing for deposit and use

10         of such fees; amending s. 259.101, F.S.;

11         requiring appropriations from the Florida

12         Preservation 2000 Trust Fund to the Save Our

13         Everglades Trust Fund for land acquisition;

14         providing for disposition and use of certain

15         moneys accruing to the Florida Forever Trust

16         Fund; amending s. 259.105, F.S.; deleting a

17         restriction on use of moneys allocated under

18         the Florida Forever Act to the South Florida

19         Water Management District; amending s. 403.709,

20         F.S.; providing for use of moneys allocated to

21         the Solid Waste Management Trust Fund; amending

22         s. 403.7095, F.S., relating to the solid waste

23         management grant program; requiring a specified

24         level of funding for counties receiving solid

25         waste management and recycling grants; amending

26         s. 373.59, F.S.; requiring release of certain

27         moneys by the Secretary of Environmental

28         Protection to water management districts, upon

29         request; amending s. 252.373, F.S.; authorizing

30         the use of certain funds to improve local

31         disaster preparedness; amending s. 110.12315,

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  1         F.S.; providing copayment requirements for the

  2         state employees' prescription drug program;

  3         providing for a preferred brand name drug list

  4         to be used in the administration of such

  5         program; amending s. 110.1239, F.S.; providing

  6         requirements for the funding of the state group

  7         health insurance program; providing for future

  8         repeal of various provisions; providing effect

  9         of veto of specific appropriation or proviso to

10         which implementing language refers; providing

11         applicability to other legislation;

12         incorporating by reference specified

13         performance measures and standards directly

14         linked to the appropriations made in the

15         2001-2002 General Appropriations Act, as

16         required by the Government Performance and

17         Accountability Act of 1994; providing

18         severability; providing an effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  It is the intent of the Legislature that

23  the implementing and administering provisions of this act

24  apply to the General Appropriations Act for fiscal year

25  2001-2002.

26         Section 2.  In order to implement Specific

27  Appropriation 171 of the 2001-2002 General Appropriations Act,

28  the funds provided for workforce development shall be

29  initially allocated to the school district or community

30  college as designated. If, for any reason, a program in whole

31  or in part is moved from a community college to a school

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  1  district or moved from a school district to a community

  2  college, the Commissioner of Education or the Executive

  3  Director of the Division of Community Colleges shall submit a

  4  budget amendment pursuant to chapter 216, Florida Statutes, to

  5  transfer the appropriate amount of the 2001-2002 appropriation

  6  between the affected district and community college. The

  7  amount transferred shall be as near as practicable to the

  8  actual amount appropriated for the FTE funded for that

  9  program. This section expires July 1, 2002.

10         Section 3.  In order to implement Specific

11  Appropriation 254 of the 2001-2002 General Appropriations Act,

12  and for the 2001-2002 fiscal year only, the Agency for Health

13  Care Administration shall use the 1992-1993 disproportionate

14  share formula, the 1994 audited financial data, and the

15  Medicaid per diem rate as of January 1, 1999, for those

16  hospitals that qualify for the hospital disproportionate share

17  program funded in that specific appropriation. This section

18  expires July 1, 2002.

19         Section 4.  In order to implement Specific

20  Appropriation 249 of the 2001-2002 General Appropriations Act,

21  subsection (6) of section 409.9116, Florida Statutes, is

22  amended to read:

23         409.9116  Disproportionate share/financial assistance

24  program for rural hospitals.--In addition to the payments made

25  under s. 409.911, the Agency for Health Care Administration

26  shall administer a federally matched disproportionate share

27  program and a state-funded financial assistance program for

28  statutory rural hospitals. The agency shall make

29  disproportionate share payments to statutory rural hospitals

30  that qualify for such payments and financial assistance

31  payments to statutory rural hospitals that do not qualify for

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  1  disproportionate share payments. The disproportionate share

  2  program payments shall be limited by and conform with federal

  3  requirements. Funds shall be distributed quarterly in each

  4  fiscal year for which an appropriation is made.

  5  Notwithstanding the provisions of s. 409.915, counties are

  6  exempt from contributing toward the cost of this special

  7  reimbursement for hospitals serving a disproportionate share

  8  of low-income patients.

  9         (6)  For the 2001-2002 2000-2001 fiscal year only, the

10  Agency for Health Care Administration shall use the following

11  formula for distribution of the funds in Specific

12  Appropriation 249 212 of the 2001-2002 2000-2001 General

13  Appropriations Act for the disproportionate share/financial

14  assistance program for rural hospitals.

15         (a)  The agency shall first determine a preliminary

16  payment amount for each rural hospital by allocating all

17  available state funds using the following formula:

18

19                  PDAER = (TAERH x TARH)/STAERH

20

21  Where:

22         PDAER = preliminary distribution amount for each rural

23  hospital.

24         TAERH = total amount earned by each rural hospital.

25         TARH = total amount appropriated or distributed under

26  this section.

27         STAERH = sum of total amount earned by each rural

28  hospital.

29         (b)  Federal matching funds for the disproportionate

30  share program shall then be calculated for those hospitals

31  that qualify for disproportionate share in paragraph (a).

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  1         (c)  The state-funds-only payment amount is then

  2  calculated for each hospital using the formula:

  3

  4         SFOER = Maximum value of (1) SFOL - PDAER or (2) 0

  5

  6  Where:

  7         SFOER = state-funds-only payment amount for each rural

  8  hospital.

  9         SFOL = state-funds-only payment level, which is set at

10  4 percent of TARH.

11         (d)  The adjusted total amount allocated to the rural

12  disproportionate share program shall then be calculated using

13  the following formula:

14

15                     ATARH = (TARH - SSFOER)

16

17  Where:

18         ATARH = adjusted total amount appropriated or

19  distributed under this section.

20         SSFOER = sum of the state-funds-only payment amount

21  calculated under paragraph (c) for all rural hospitals.

22         (e)  The determination of the amount of rural

23  disproportionate share hospital funds is calculated by the

24  following formula:

25

26                TDAERH = [(TAERH x ATARH)/STAERH]

27

28  Where:

29         TDAERH = total distribution amount for each rural

30  hospital.

31

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  1         (f)  Federal matching funds for the disproportionate

  2  share program shall then be calculated for those hospitals

  3  that qualify for disproportionate share in paragraph (e).

  4         (g)  State-funds-only payment amounts calculated under

  5  paragraph (c) are then added to the results of paragraph (f)

  6  to determine the total distribution amount for each rural

  7  hospital.

  8         (h)  This subsection expires is repealed on July 1,

  9  2002 2001.

10         Section 5.  In order to implement Specific

11  Appropriations 302-466 and 503-638 of the 2001-2002 General

12  Appropriations Act, paragraph (c) is added to subsection (16)

13  of section 216.181, Florida Statutes, to read:

14         216.181  Approved budgets for operations and fixed

15  capital outlay.--

16         (16)

17         (c)  For the 2001-2002 fiscal year only, funds

18  appropriated to the Department of Children and Family Services

19  in Specific Appropriations 302-466 and the Department of

20  Health in Specific Appropriations 503-638 of the 2001-2002

21  General Appropriations Act may be advanced, unless

22  specifically prohibited in such General Appropriations Act,

23  for those contracted services that were approved for

24  advancement by the Comptroller in fiscal year 1993-1994,

25  including those services contracted on a fixed-price or

26  unit-cost basis.  This paragraph expires July 1, 2002.

27         Section 6.  In order to implement Specific

28  Appropriation 254 of the 2001-2002 General Appropriations Act,

29  and for the 2001-2002 fiscal year only, the Agency for Health

30  Care Administration shall include health maintenance

31  organization recipients in the county billing for inpatient

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  1  hospital stays for the purpose of shared costs with counties

  2  in accordance with the Florida Statutes. This section expires

  3  July 1, 2002.

  4         Section 7.  In order to implement Specific

  5  Appropriation 254 of the 2001-2002 General Appropriations Act,

  6  paragraph (c) of subsection (5) of section 409.905, Florida

  7  Statutes, is amended to read:

  8         409.905  Mandatory Medicaid services.--The agency may

  9  make payments for the following services, which are required

10  of the state by Title XIX of the Social Security Act,

11  furnished by Medicaid providers to recipients who are

12  determined to be eligible on the dates on which the services

13  were provided.  Any service under this section shall be

14  provided only when medically necessary and in accordance with

15  state and federal law. Nothing in this section shall be

16  construed to prevent or limit the agency from adjusting fees,

17  reimbursement rates, lengths of stay, number of visits, number

18  of services, or any other adjustments necessary to comply with

19  the availability of moneys and any limitations or directions

20  provided for in the General Appropriations Act or chapter 216.

21         (5)  HOSPITAL INPATIENT SERVICES.--The agency shall pay

22  for all covered services provided for the medical care and

23  treatment of a recipient who is admitted as an inpatient by a

24  licensed physician or dentist to a hospital licensed under

25  part I of chapter 395.  However, the agency shall limit the

26  payment for inpatient hospital services for a Medicaid

27  recipient 21 years of age or older to 45 days or the number of

28  days necessary to comply with the General Appropriations Act.

29         (c)  Agency for Health Care Administration shall adjust

30  a hospital's current inpatient per diem rate to reflect the

31

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  1  cost of serving the Medicaid population at that institution

  2  if:

  3         1.  The hospital experiences an increase in Medicaid

  4  caseload by more than 25 percent in any year, primarily

  5  resulting from the closure of a hospital in the same service

  6  area occurring after July 1, 1995; or

  7         2.  The hospital's Medicaid per diem rate is at least

  8  25 percent below the Medicaid per patient cost for that year.

  9

10  No later than November 1, 2001 2000, the agency must provide

11  estimated costs for any adjustment in a hospital inpatient per

12  diem pursuant to this paragraph to the Executive Office of the

13  Governor, the House of Representatives General Appropriations

14  Committee, and the Senate Budget Committee. Before the agency

15  implements a change in a hospital's inpatient per diem rate

16  pursuant to this paragraph, the Legislature must have

17  specifically appropriated sufficient funds in the 2001-2002

18  General Appropriations Act to support the increase in cost as

19  estimated by the agency. This paragraph expires is repealed on

20  July 1, 2002 2001.

21         Section 8.  In order to implement Specific

22  Appropriations 302-466 of the 2001-2002 General Appropriations

23  Act, subsection (4) of section 216.177, Florida Statutes, is

24  amended to read:

25         216.177  Appropriations acts, statement of intent,

26  violation, notice, review and objection procedures.--

27         (4)  Notwithstanding the 14-day notice requirements of

28  this section, and for the 2001-2002 2000-2001 fiscal year

29  only, the Department of Children and Family Services is

30  required to provide notice of proposed transfers submitted

31  pursuant to s. 20.19(5)(b) to the Executive Office of the

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  1  Governor and the chairs of the legislative appropriations

  2  committees at least 3 working days prior to their

  3  implementation.

  4         Section 9.  In order to implement Specific

  5  Appropriation 254 of the 2001-2002 General Appropriations Act,

  6  paragraph (a) of subsection (1) and subsection (7) of section

  7  409.915, Florida Statutes, are amended to read:

  8         409.915  County contributions to Medicaid.--Although

  9  the state is responsible for the full portion of the state

10  share of the matching funds required for the Medicaid program,

11  in order to acquire a certain portion of these funds, the

12  state shall charge the counties for certain items of care and

13  service as provided in this section.

14         (1)  Each county shall participate in the following

15  items of care and service:

16         (a)  Payments for inpatient hospitalization in excess

17  of 11 12 days, but not in excess of 45 days, with the

18  exception of pregnant women and children whose income is in

19  excess of the federal poverty level and who do not participate

20  in the Medicaid medically needy program.

21         (7)  Counties are exempt from contributing toward the

22  cost of new exemptions on inpatient ceilings for statutory

23  teaching hospitals, specialty hospitals, and community

24  hospital education program hospitals that came into effect

25  July 1, 2000, and for special Medicaid payments that came into

26  effect on or after July 1, 2000. This subsection expires July

27  1, 2002. Notwithstanding any provision of this section to the

28  contrary, counties are exempt from contributing toward the

29  increased cost of hospital inpatient services due to the

30  elimination of ceilings on Medicaid inpatient reimbursement

31  rates paid to teaching hospitals, specialty hospitals, and

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  1  community health education program hospitals and for special

  2  Medicaid reimbursements to hospitals for which the Legislature

  3  has specifically appropriated funds. This subsection is

  4  repealed on July 1, 2001.

  5         Section 10.  The amendment of paragraph 409.915(1)(a),

  6  Florida Statutes, by this act shall expire July 1, 2002, and

  7  the text of that paragraph shall revert to that in existence

  8  on June 30, 2001, except that any amendments to such text

  9  exacted other than by this act shall be preserved and continue

10  to operate to the extent that such amendments are not

11  dependent upon the portions of such text which expire pursuant

12  to the provisions of this act. The Division of Statutory

13  Revision of the Office of Legislative Services shall include

14  in an appropriate reviser's bill any amendments to such

15  subsection which are necessary to give effect to the

16  legislative intent expressed in this section.

17         Section 11.  In order to implement Specific

18  Appropriations 289 and 290 of the 2001-2002 General

19  Appropriations Act, the Agency for Health Care Administration

20  shall not adjust a premium paid to a health maintenance

21  organization or a prepaid health care plan to reflect an

22  increase in such premium because of specifically appropriated

23  funds in the General Appropriations Act to eliminate ceilings

24  on Medicaid reimbursement rates paid to teaching hospitals,

25  specialty hospitals, and community health education program

26  hospitals and for making special Medicaid payments to

27  hospitals. This section expires July 1, 2002.

28         Section 12.  In order to implement Specific

29  Appropriations 241-290 of the 2001-2002 General Appropriations

30  Act, subsection (1) of section 409.904, Florida Statutes, is

31  amended to read:

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  1         409.904  Optional payments for eligible persons.--The

  2  agency may make payments for medical assistance and related

  3  services on behalf of the following persons who are determined

  4  to be eligible subject to the income, assets, and categorical

  5  eligibility tests set forth in federal and state law.  Payment

  6  on behalf of these Medicaid eligible persons is subject to the

  7  availability of moneys and any limitations established by the

  8  General Appropriations Act or chapter 216.

  9         (1)  A person who is age 65 or older or is determined

10  to be disabled, whose income is at or below 87.5 100 percent

11  of federal poverty level, and whose assets do not exceed

12  established limitations.

13         Section 13.  The amendment of subsection 409.904(1),

14  Florida Statutes, by this act shall expire July 1, 2002, and

15  the text of that subsection shall revert to that in existence

16  on June 30, 2001, except that any amendments to such text

17  exacted other than by this act shall be preserved and continue

18  to operate to the extent that such amendments are not

19  dependent upon the portions of such text which expire pursuant

20  to the provisions of this act. The Division of Statutory

21  Revision of the Office of Legislative Services shall include

22  in an appropriate reviser's bill any amendments to such

23  subsection which are necessary to give effect to the

24  legislative intent expressed in this section.

25         Section 14.  In order to implement Specific

26  Appropriation 254 of the 2001-2002 General Appropriations Act,

27  paragraph (a) of subsection (5) of section 409.905, Florida

28  Statutes, is amended to read:

29         409.905  Mandatory Medicaid services.--The agency may

30  make payments for the following services, which are required

31  of the state by Title XIX of the Social Security Act,

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  1  furnished by Medicaid providers to recipients who are

  2  determined to be eligible on the dates on which the services

  3  were provided.  Any service under this section shall be

  4  provided only when medically necessary and in accordance with

  5  state and federal law. Nothing in this section shall be

  6  construed to prevent or limit the agency from adjusting fees,

  7  reimbursement rates, lengths of stay, number of visits, number

  8  of services, or any other adjustments necessary to comply with

  9  the availability of moneys and any limitations or directions

10  provided for in the General Appropriations Act or chapter 216.

11         (5)  HOSPITAL INPATIENT SERVICES.--The agency shall pay

12  for all covered services provided for the medical care and

13  treatment of a recipient who is admitted as an inpatient by a

14  licensed physician or dentist to a hospital licensed under

15  part I of chapter 395.  However, the agency shall limit the

16  payment for inpatient hospital services for a Medicaid

17  recipient 21 years of age or older to 45 days or the number of

18  days necessary to comply with the General Appropriations Act.

19         (a)  The agency is authorized to implement

20  reimbursement and utilization management reforms in order to

21  comply with any limitations or directions in the General

22  Appropriations Act, which may include, but are not limited to:

23  prior authorization for inpatient psychiatric days; prior

24  authorization for nonemergency hospital inpatient admissions;

25  enhanced utilization and concurrent review programs for highly

26  utilized services; reduction or elimination of covered days of

27  service; adjusting reimbursement ceilings for variable costs;

28  adjusting reimbursement ceilings for fixed and property costs;

29  and implementing target rates of increase.

30         Section 15.  The amendment of paragraph 409.905(5)(a),

31  Florida Statutes, by this act shall expire July 1, 2002, and

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  1  the text of that paragraph shall revert to that in existence

  2  on June 30, 2001, except that any amendments to such text

  3  exacted other than by this act shall be preserved and continue

  4  to operate to the extent that such amendments are not

  5  dependent upon the portions of such text which expire pursuant

  6  to the provisions of this act. The Division of Statutory

  7  Revision of the Office of Legislative Services shall include

  8  in an appropriate reviser's bill any amendments to such

  9  subsection which are necessary to give effect to the

10  legislative intent expressed in this section.

11         Section 16.  In order to implement Specific

12  Appropriations 281 and 283 of the 2001-2002 General

13  Appropriations Act, subsection (16) of section 409.906,

14  Florida Statutes, is amended to read:

15         409.906  Optional Medicaid services.--Subject to

16  specific appropriations, the agency may make payments for

17  services which are optional to the state under Title XIX of

18  the Social Security Act and are furnished by Medicaid

19  providers to recipients who are determined to be eligible on

20  the dates on which the services were provided.  Any optional

21  service that is provided shall be provided only when medically

22  necessary and in accordance with state and federal law.

23  Nothing in this section shall be construed to prevent or limit

24  the agency from adjusting fees, reimbursement rates, lengths

25  of stay, number of visits, or number of services, or making

26  any other adjustments necessary to comply with the

27  availability of moneys and any limitations or directions

28  provided for in the General Appropriations Act or chapter 216.

29  If necessary to safeguard the state's systems of providing

30  services to elderly and disabled persons and subject to the

31  notice and review provisions of s. 216.177, the Governor may

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  1  direct the Agency for Health Care Administration to amend the

  2  Medicaid state plan to delete the optional Medicaid service

  3  known as "Intermediate Care Facilities for the Developmentally

  4  Disabled."  Optional services may include:

  5         (16)  INTERMEDIATE CARE SERVICES.--The agency may pay

  6  for 24-hour-a-day intermediate care nursing and rehabilitation

  7  services rendered to a recipient in a nursing facility

  8  licensed under part II of chapter 400, if the services are

  9  ordered by and provided under the direction of a physician,

10  meet nursing home level of care criteria as determined by the

11  Comprehensive Assessment and Review for Long-Term Care (CARE)

12  Program of the Department of Elderly Affairs, and do not meet

13  the definition of "general care" as used in the Medicaid

14  budget estimating process.

15         Section 17.  The amendment of subsection 409.906(16),

16  Florida Statutes, by this act shall expire July 1, 2002, and

17  the text of that subsection shall revert to that in existence

18  on June 30, 2001, except that any amendments to such text

19  exacted other than by this act shall be preserved and continue

20  to operate to the extent that such amendments are not

21  dependent upon the portions of such text which expire pursuant

22  to the provisions of this act. The Division of Statutory

23  Revision of the Office of Legislative Services shall include

24  in an appropriate reviser's bill any amendments to such

25  subsection which are necessary to give effect to the

26  legislative intent expressed in this section.

27         Section 18.  In order to implement Specific

28  Appropriations 241-290 of the 2001-2002 General Appropriations

29  Act, paragraph (a) of subsection (1), paragraph (b) of

30  subsection (2), and subsections (4), (9), (11), (13), (14),

31

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  1  and (18) of section 409.908, Florida Statutes, are amended to

  2  read:

  3         409.908  Reimbursement of Medicaid providers.--Subject

  4  to specific appropriations, the agency shall reimburse

  5  Medicaid providers, in accordance with state and federal law,

  6  according to methodologies set forth in the rules of the

  7  agency and in policy manuals and handbooks incorporated by

  8  reference therein.  These methodologies may include fee

  9  schedules, reimbursement methods based on cost reporting,

10  negotiated fees, competitive bidding pursuant to s. 287.057,

11  and other mechanisms the agency considers efficient and

12  effective for purchasing services or goods on behalf of

13  recipients.  Payment for Medicaid compensable services made on

14  behalf of Medicaid eligible persons is subject to the

15  availability of moneys and any limitations or directions

16  provided for in the General Appropriations Act or chapter 216.

17  Further, nothing in this section shall be construed to prevent

18  or limit the agency from adjusting fees, reimbursement rates,

19  lengths of stay, number of visits, or number of services, or

20  making any other adjustments necessary to comply with the

21  availability of moneys and any limitations or directions

22  provided for in the General Appropriations Act, provided the

23  adjustment is consistent with legislative intent.

24         (1)  Reimbursement to hospitals licensed under part I

25  of chapter 395 must be made prospectively or on the basis of

26  negotiation.

27         (a)  Reimbursement for inpatient care is limited as

28  provided for in s. 409.905(5), except for:

29         1.  The raising of rate reimbursement caps, excluding

30  rural hospitals.

31

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  1         2.  Recognition of the costs of graduate medical

  2  education.

  3         3.  Other methodologies recognized in the General

  4  Appropriations Act.

  5

  6  During the years funds are transferred from the Board of

  7  Regents, any reimbursement supported by such funds shall be

  8  subject to certification by the Board of Regents that the

  9  hospital has complied with s. 381.0403. The agency is

10  authorized to receive funds from state entities, including,

11  but not limited to, the Board of Regents, local governments,

12  and other local political subdivisions, for the purpose of

13  making special exception payments, including federal matching

14  funds, through the Medicaid inpatient reimbursement

15  methodologies. Funds received from state entities or local

16  governments for this purpose shall be separately accounted for

17  and shall not be commingled with other state or local funds in

18  any manner. Notwithstanding this section and s. 409.915,

19  counties are exempt from contributing toward the cost of the

20  special exception reimbursement for hospitals serving a

21  disproportionate share of low-income persons and providing

22  graduate medical education.

23         (2)

24         (b)  Subject to any limitations or directions provided

25  for in the General Appropriations Act, the agency shall

26  establish and implement a Florida Title XIX Long-Term Care

27  Reimbursement Plan (Medicaid) for nursing home care in order

28  to provide care and services in conformance with the

29  applicable state and federal laws, rules, regulations, and

30  quality and safety standards and to ensure that individuals

31  eligible for medical assistance have reasonable geographic

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  1  access to such care. The agency shall not provide for any

  2  increases in reimbursement rates to nursing homes associated

  3  with changes in ownership filed on or after January 1, 2002.

  4  Under the plan, interim rate adjustments shall not be granted

  5  to reflect increases in the cost of general or professional

  6  liability insurance for nursing homes unless the following

  7  criteria are met: have at least a 65 percent Medicaid

  8  utilization in the most recent cost report submitted to the

  9  agency, and the increase in general or professional liability

10  costs to the facility for the most recent policy period

11  affects the total Medicaid per diem by at least 5 percent.

12  This rate adjustment shall not result in the per diem

13  exceeding the class ceiling. This provision shall apply only

14  to fiscal year 2000-2001 and shall be implemented to the

15  extent existing appropriations are available. The agency shall

16  report to the Governor, the Speaker of the House of

17  Representatives, and the President of the Senate by December

18  31, 2000, on the cost of liability insurance for Florida

19  nursing homes for fiscal years 1999 and 2000 and the extent to

20  which these costs are not being compensated by the Medicaid

21  program. Medicaid-participating nursing homes shall be

22  required to report to the agency information necessary to

23  compile this report. Effective no earlier than the

24  rate-setting period beginning April 1, 1999, the agency shall

25  establish a case-mix reimbursement methodology for the rate of

26  payment for long-term care services for nursing home

27  residents. The agency shall compute a per diem rate for

28  Medicaid residents, adjusted for case mix, which is based on a

29  resident classification system that accounts for the relative

30  resource utilization by different types of residents and which

31  is based on level-of-care data and other appropriate data. The

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  1  case-mix methodology developed by the agency shall take into

  2  account the medical, behavioral, and cognitive deficits of

  3  residents. In developing the reimbursement methodology, the

  4  agency shall evaluate and modify other aspects of the

  5  reimbursement plan as necessary to improve the overall

  6  effectiveness of the plan with respect to the costs of patient

  7  care, operating costs, and property costs. In the event

  8  adequate data are not available, the agency is authorized to

  9  adjust the patient's care component or the per diem rate to

10  more adequately cover the cost of services provided in the

11  patient's care component. The agency shall work with the

12  Department of Elderly Affairs, the Florida Health Care

13  Association, and the Florida Association of Homes for the

14  Aging in developing the methodology. It is the intent of the

15  Legislature that the reimbursement plan achieve the goal of

16  providing access to health care for nursing home residents who

17  require large amounts of care while encouraging diversion

18  services as an alternative to nursing home care for residents

19  who can be served within the community. The agency shall base

20  the establishment of any maximum rate of payment, whether

21  overall or component, on the available moneys as provided for

22  in the General Appropriations Act. The agency may base the

23  maximum rate of payment on the results of scientifically valid

24  analysis and conclusions derived from objective statistical

25  data pertinent to the particular maximum rate of payment.

26         (4)  Subject to any limitations or directions provided

27  for in the General Appropriations Act, alternative health

28  plans, health maintenance organizations, and prepaid health

29  plans shall be reimbursed a fixed, prepaid amount negotiated,

30  or competitively bid pursuant to s. 287.057, by the agency and

31  prospectively paid to the provider monthly for each Medicaid

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  1  recipient enrolled.  The amount may not exceed the average

  2  amount the agency determines it would have paid, based on

  3  claims experience, for recipients in the same or similar

  4  category of eligibility.  The agency shall calculate

  5  capitation rates on a regional basis and, beginning September

  6  1, 1995, shall include age-band differentials in such

  7  calculations. Effective July 1, 2001, the cost of exempting

  8  statutory teaching hospitals, specialty hospitals, and

  9  community hospital education program hospitals from

10  reimbursement ceilings and the cost of special Medicaid

11  payments shall not be included in premiums paid to health

12  maintenance organizations or prepaid health care plans.

13         (9)  A provider of home health care services or of

14  medical supplies and appliances shall be reimbursed on the

15  basis of competitive bidding or for the lesser of the amount

16  billed by the provider or the agency's established maximum

17  allowable amount, except that, in the case of the rental of

18  durable medical equipment, the total rental payments may not

19  exceed the purchase price of the equipment over its expected

20  useful life or the agency's established maximum allowable

21  amount, whichever amount is less.

22         (11)  A provider of independent laboratory services

23  shall be reimbursed on the basis of competitive bidding or for

24  the least of the amount billed by the provider, the provider's

25  usual and customary charge, or the Medicaid maximum allowable

26  fee established by the agency.

27         (13)  Medicare premiums for persons eligible for both

28  Medicare and Medicaid coverage shall be paid at the rates

29  established by Title XVIII of the Social Security Act.  For

30  Medicare services rendered to Medicaid-eligible persons,

31

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  1  Medicaid shall pay Medicare deductibles and coinsurance as

  2  follows:

  3         (a)  Medicaid shall make no payment toward deductibles

  4  and coinsurance for any service that is not covered by

  5  Medicaid.

  6         (b)  Medicaid's financial obligation for deductibles

  7  and coinsurance payments shall be based on Medicare allowable

  8  fees, not on a provider's billed charges.

  9         (c)  Medicaid will pay no portion of Medicare

10  deductibles and coinsurance when payment that Medicare has

11  made for the service equals or exceeds what Medicaid would

12  have paid if it had been the sole payor.  The combined payment

13  of Medicare and Medicaid shall not exceed the amount Medicaid

14  would have paid had it been the sole payor. The Legislature

15  finds that there has been confusion regarding the

16  reimbursement for services rendered to dually eligible

17  Medicare beneficiaries. Accordingly, the Legislature clarifies

18  that it has always been the intent of the Legislature before

19  and after 1991 that, in reimbursing in accordance with fees

20  established by Title XVIII for premiums, deductibles, and

21  coinsurance for Medicare services rendered by physicians to

22  Medicaid eligible persons, physicians be reimbursed at the

23  lesser of the amount billed by the physician or the Medicaid

24  maximum allowable fee established by the Agency for Health

25  Care Administration, as is permitted by federal law. It has

26  never been the intent of the Legislature with regard to such

27  services rendered by physicians that Medicaid be required to

28  provide any payment for deductibles, coinsurance, or

29  copayments for Medicare cost sharing, or any expenses incurred

30  relating thereto, in excess of the payment amount provided for

31  under the State Medicaid plan for such service. This payment

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  1  methodology is applicable even in those situations in which

  2  the payment for Medicare cost sharing for a qualified Medicare

  3  beneficiary with respect to an item or service is reduced or

  4  eliminated. This expression of the Legislature is in

  5  clarification of existing law and shall apply to payment for,

  6  and with respect to provider agreements with respect to, items

  7  or services furnished on or after the effective date of this

  8  act. This paragraph applies to payment by Medicaid for items

  9  and services furnished before the effective date of this act

10  if such payment is the subject of a lawsuit that is based on

11  the provisions of this section, and that is pending as of, or

12  is initiated after, the effective date of this act.

13         (d)  Notwithstanding The following provisions are

14  exceptions to paragraphs (a)-(c):

15         1.  Medicaid payments for Nursing Home Medicare part A

16  coinsurance shall be the lesser of the Medicare coinsurance

17  amount or the Medicaid nursing home per diem rate.

18         2.  Medicaid shall pay all deductibles and coinsurance

19  for Nursing Home Medicare part B services.

20         2.3.  Medicaid shall pay all deductibles and

21  coinsurance for Medicare-eligible recipients receiving

22  freestanding end stage renal dialysis center services.

23         4.  Medicaid shall pay all deductibles and coinsurance

24  for hospital outpatient Medicare part B services.

25         3.5.  Medicaid payments for general hospital inpatient

26  services shall be limited to the Medicare deductible per spell

27  of illness.  Medicaid shall make no payment toward coinsurance

28  for Medicare general hospital inpatient services.

29         4.6.  Medicaid shall pay all deductibles and

30  coinsurance for Medicare emergency transportation services

31  provided by ambulances licensed pursuant to chapter 401.

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  1         (14)  A provider of prescribed drugs shall be

  2  reimbursed on the basis of competitive bidding or for the

  3  least of the amount billed by the provider, the provider's

  4  usual and customary charge, or the Medicaid maximum allowable

  5  fee established by the agency, plus a dispensing fee. The

  6  agency is directed to implement a variable dispensing fee for

  7  payments for prescribed medicines while ensuring continued

  8  access for Medicaid recipients.  The variable dispensing fee

  9  may be based upon, but not limited to, either or both the

10  volume of prescriptions dispensed by a specific pharmacy

11  provider and the volume of prescriptions dispensed to an

12  individual recipient. The agency is authorized to limit

13  reimbursement for prescribed medicine in order to comply with

14  any limitations or directions provided for in the General

15  Appropriations Act, which may include implementing a

16  prospective or concurrent utilization review program.

17         (18)  Unless otherwise provided for in the General

18  Appropriations Act, a provider of transportation services

19  shall be reimbursed the lesser of the amount billed by the

20  provider or the Medicaid maximum allowable fee established by

21  the agency, except when the agency has entered into a direct

22  contract with the provider, or with a community transportation

23  coordinator, for the provision of an all-inclusive service, or

24  when services are provided pursuant to an agreement negotiated

25  between the agency and the provider.  The agency, as provided

26  for in s. 427.0135, shall purchase transportation services

27  through the community coordinated transportation system, if

28  available, unless the agency determines a more cost-effective

29  method for Medicaid clients. Nothing in this subsection shall

30  be construed to limit or preclude the agency from contracting

31  for services using a prepaid capitation rate or from

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  1  establishing maximum fee schedules, individualized

  2  reimbursement policies by provider type, negotiated fees,

  3  prior authorization, competitive bidding, increased use of

  4  mass transit, or any other mechanism that the agency considers

  5  efficient and effective for the purchase of services on behalf

  6  of Medicaid clients, including implementing a transportation

  7  eligibility process. The agency shall not be required to

  8  contract with any community transportation coordinator or

  9  transportation operator that has been determined by the

10  agency, the Department of Legal Affairs Medicaid Fraud Control

11  Unit, or any other state or federal agency to have engaged in

12  any abusive or fraudulent billing activities. The agency is

13  authorized to competitively procure transportation services or

14  make other changes necessary to secure approval of federal

15  waivers needed to permit federal financing of Medicaid

16  transportation services at the service matching rate rather

17  than the administrative matching rate.

18         Section 19.  The amendment of section 409.908(1)(a),

19  (2)(b), (4), (9), (11), (13), (14), and (19), Florida

20  Statutes, by this act shall expire July 1, 2002, and the text

21  of those paragraphs and subsections shall revert to that in

22  existence on June 30, 2001, except that any amendments to such

23  text exacted other than by this act shall be preserved and

24  continue to operate to the extent that such amendments are not

25  dependent upon the portions of such text which expire pursuant

26  to the provisions of this act. The Division of Statutory

27  Revision of the Office of Legislative Services shall include

28  in an appropriate reviser's bill any amendments to such

29  subsection which are necessary to give effect to the

30  legislative intent expressed in this section.

31

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  1         Section 20.  In order to implement Specific

  2  Appropriation 267 of the 2001-2002 General Appropriations Act,

  3  section 409.91195, Florida Statutes, is amended to read:

  4         409.91195  Medicaid Pharmaceutical and Therapeutics

  5  Committee; restricted drug formulary.--There is created a

  6  Medicaid Pharmaceutical and Therapeutics Committee for the

  7  purpose of developing a restricted drug formulary. The

  8  committee shall develop and implement a voluntary Medicaid

  9  preferred prescribed drug designation program. The program

10  established under this section shall provide information to

11  Medicaid providers on medically appropriate and cost-efficient

12  prescription drug therapies through the development and

13  publication of a restricted drug formulary voluntary Medicaid

14  preferred prescribed-drug list.

15         (1)  The Medicaid Pharmaceutical and Therapeutics

16  Committee shall be comprised of nine members as specified in

17  42 U.S.C. s. 1396 appointed as follows:  one practicing

18  physician licensed under chapter 458, appointed by the Speaker

19  of the House of Representatives from a list of recommendations

20  from the Florida Medical Association; one practicing physician

21  licensed under chapter 459, appointed by the Speaker of the

22  House of Representatives from a list of recommendations from

23  the Florida Osteopathic Medical Association; one practicing

24  physician licensed under chapter 458, appointed by the

25  President of the Senate from a list of recommendations from

26  the Florida Academy of Family Physicians; one practicing

27  podiatric physician licensed under chapter 461, appointed by

28  the President of the Senate from a list of recommendations

29  from the Florida Podiatric Medical Association; one trauma

30  surgeon licensed under chapter 458, appointed by the Speaker

31  of the House of Representatives from a list of recommendations

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  1  from the American College of Surgeons; one practicing dentist

  2  licensed under chapter 466, appointed by the President of the

  3  Senate from a list of recommendations from the Florida Dental

  4  Association; one practicing pharmacist licensed under chapter

  5  465, appointed by the Governor from a list of recommendations

  6  from the Florida Pharmacy Association; one practicing

  7  pharmacist licensed under chapter 465, appointed by the

  8  Governor from a list of recommendations from the Florida

  9  Society of Health System Pharmacists; and one health care

10  professional with expertise in clinical pharmacology appointed

11  by the Governor from a list of recommendations from the

12  Pharmaceutical Research and Manufacturers Association. The

13  members shall be appointed to serve for terms of 2 years from

14  the date of their appointment. Members may be appointed to

15  more than one term. The Agency for Health Care Administration

16  shall serve as staff for the committee and assist them with

17  all ministerial duties.

18         (2)  With the advice of Upon recommendation by the

19  committee, the Agency for Health Care Administration shall

20  establish a restricted drug formulary the voluntary Medicaid

21  preferred prescribed-drug list. Upon further recommendation by

22  the committee, the agency shall add to, delete from, or modify

23  the list. The committee shall also review requests for

24  additions to, deletions from, or modifications of the

25  formulary as presented to it by the agency; and, upon further

26  recommendation by the committee, the agency shall add to,

27  delete from, or modify the formulary as appropriate list. The

28  list shall be adopted by the committee in consultation with

29  medical specialists, when appropriate, using the following

30  criteria:  use of the list shall be voluntary by providers and

31  the list must provide for medically appropriate drug therapies

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  1  for Medicaid patients which achieve cost savings in the

  2  Medicaid program.

  3         (3)  The Agency for Health Care Administration shall

  4  publish and disseminate the restricted drug formulary

  5  voluntary Medicaid preferred prescribed drug list to all

  6  Medicaid prescribing providers in the state.

  7         Section 21.  The amendment of section 409.91195,

  8  Florida Statutes, by this act shall expire July 1, 2002, and

  9  the text of that section shall revert to that in existence on

10  June 30, 2001, except that any amendments to such text exacted

11  other than by this act shall be preserved and continue to

12  operate to the extent that such amendments are not dependent

13  upon the portions of such text which expire pursuant to the

14  provisions of this act. The Division of Statutory Revision of

15  the Office of Legislative Services shall include in an

16  appropriate reviser's bill any amendments to such subsection

17  which are necessary to give effect to the legislative intent

18  expressed in this section.

19         Section 22.  In order to implement Specific

20  Appropriations 241-277 of the 2001-2002 General Appropriations

21  Act, subsections (34) and (37) of section 409.912, Florida

22  Statutes, are amended to read:

23         409.912  Cost-effective purchasing of health care.--The

24  agency shall purchase goods and services for Medicaid

25  recipients in the most cost-effective manner consistent with

26  the delivery of quality medical care.  The agency shall

27  maximize the use of prepaid per capita and prepaid aggregate

28  fixed-sum basis services when appropriate and other

29  alternative service delivery and reimbursement methodologies,

30  including competitive bidding pursuant to s. 287.057, designed

31  to facilitate the cost-effective purchase of a case-managed

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  1  continuum of care. The agency shall also require providers to

  2  minimize the exposure of recipients to the need for acute

  3  inpatient, custodial, and other institutional care and the

  4  inappropriate or unnecessary use of high-cost services.

  5         (34)  The agency may provide for cost-effective

  6  purchasing of home health services, private duty nursing

  7  services, transportation, independent laboratory services,

  8  durable medical equipment and supplies, and prescribed drug

  9  services through competitive bidding negotiation pursuant to

10  s. 287.057. The agency may request appropriate waivers from

11  the federal Health Care Financing Administration in order to

12  competitively bid such home health services. The agency may

13  exclude providers not selected through the bidding process

14  from the Medicaid provider network.

15         (37)(a)  The agency shall implement a Medicaid

16  prescribed-drug spending-control program that includes the

17  following components:

18         1.  Medicaid prescribed-drug coverage for brand-name

19  drugs for adult Medicaid recipients not residing in nursing

20  homes or other institutions is limited to the dispensing of

21  four brand-name drugs per month per recipient. Children and

22  institutionalized adults are exempt from this restriction.

23  Antiretroviral agents are excluded from this limitation. No

24  requirements for prior authorization or other restrictions on

25  medications used to treat mental illnesses such as

26  schizophrenia, severe depression, or bipolar disorder may be

27  imposed on Medicaid recipients. Medications that will be

28  available without restriction for persons with mental

29  illnesses include atypical antipsychotic medications,

30  conventional antipsychotic medications, selective serotonin

31  reuptake inhibitors, and other medications used for the

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  1  treatment of serious mental illnesses. The agency shall also

  2  limit the amount of a prescribed drug dispensed to no more

  3  than a 34-day supply. The agency shall continue to provide

  4  unlimited generic drugs, contraceptive drugs and items, and

  5  diabetic supplies. The agency may authorize exceptions to the

  6  brand-name-drug restriction or to the restricted drug

  7  formulary, based upon the treatment needs of the patients,

  8  only when such exceptions are based on prior consultation

  9  provided by the agency or an agency contractor, but the agency

10  must establish procedures to ensure that:

11         a.  There will be a response to a request for prior

12  consultation by telephone or other telecommunication device

13  within 24 hours after receipt of a request for prior

14  consultation; and

15         b.  A 72-hour supply of the drug prescribed will be

16  provided in an emergency or when the agency does not provide a

17  response within 24 hours as required by sub-subparagraph a.

18         2.  Reimbursement to pharmacies for Medicaid prescribed

19  drugs shall be set at the average wholesale price less 13.25

20  percent or based on competitive bid in those geographic areas

21  where the Medicaid pharmacy network is competitively bid.

22         3.  The agency shall develop and implement a process

23  for managing the drug therapies of Medicaid recipients who are

24  using significant numbers of prescribed drugs each month. The

25  management process may include, but is not limited to,

26  comprehensive, physician-directed medical-record reviews,

27  claims analyses, and case evaluations to determine the medical

28  necessity and appropriateness of a patient's treatment plan

29  and drug therapies. The agency may contract with a private

30  organization to provide drug-program-management services.

31

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  1         4.  The agency may limit the size of its pharmacy

  2  network based on need, competitive bidding, price

  3  negotiations, credentialing, or similar criteria. The agency

  4  shall give special consideration to rural areas in determining

  5  the size and location of pharmacies included in the Medicaid

  6  pharmacy network. A pharmacy credentialing process may include

  7  criteria such as a pharmacy's full-service status, location,

  8  size, patient educational programs, patient consultation,

  9  disease-management services, and other characteristics. The

10  agency may impose a moratorium on Medicaid pharmacy enrollment

11  when it is determined that it has a sufficient number of

12  Medicaid-participating providers.

13         5.  The agency shall develop and implement a program

14  that requires Medicaid practitioners who prescribe drugs to

15  use a counterfeit-proof prescription pad for Medicaid

16  prescriptions. The agency shall require the use of

17  standardized counterfeit-proof prescription pads by

18  Medicaid-participating prescribers. The agency may implement

19  the program in targeted geographic areas or statewide.

20         6.  The agency may enter into arrangements that require

21  manufacturers of generic drugs prescribed to Medicaid

22  recipients to provide rebates of at least 15.1 percent of the

23  average manufacturer price for the manufacturer's generic

24  products. These arrangements shall require that if a

25  generic-drug manufacturer pays federal rebates for

26  Medicaid-reimbursed drugs at a level below 15.1 percent, the

27  manufacturer must provide a supplemental rebate to the state

28  in an amount necessary to achieve a 15.1-percent rebate level.

29  If a generic-drug manufacturer raises its price in excess of

30  the Consumer Price Index (Urban), the excess amount shall be

31  included in the supplemental rebate to the state.

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  1         7.  The agency may establish a restricted drug

  2  formulary in accordance with 42 U.S.C. s. 1396r, and, pursuant

  3  to the establishment of such formulary, it is authorized to

  4  negotiate supplemental rebates from manufacturers at no less

  5  than 10 percent of the average manufacturer price as defined

  6  in 42 U.S.C. s. 1936 on the last day of the quarter unless the

  7  federal or supplemental rebate, or both, exceeds 25 percent

  8  and the agency determines the product competitive. The agency

  9  may determine that specific generic products are competitive

10  at lower rebate percentages.

11         (b)  The agency shall implement this subsection to the

12  extent that funds are appropriated to administer the Medicaid

13  prescribed-drug spending-control program. The agency may

14  contract all or any part of this program to private

15  organizations.

16         (c)  The agency shall submit a report to the Governor,

17  the President of the Senate, and the Speaker of the House of

18  Representatives by January 15 of each year. The report must

19  include, but need not be limited to, the progress made in

20  implementing Medicaid cost-containment measures and their

21  effect on Medicaid prescribed-drug expenditures.

22         Section 23.  The amendment of subsections 409.912(34)

23  and (37), Florida Statutes, by this act shall expire July 1,

24  2002, and the text of those subsections shall revert to that

25  in existence on June 30, 2001, except that any amendments to

26  such text exacted other than by this act shall be preserved

27  and continue to operate to the extent that such amendments are

28  not dependent upon the portions of such text which expire

29  pursuant to the provisions of this act. The Division of

30  Statutory Revision of the Office of Legislative Services shall

31  include in an appropriate reviser's bill any amendments to

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  1  such subsection which are necessary to give effect to the

  2  legislative intent expressed in this section.

  3         Section 24.  In order to implement Specific

  4  Appropriations 241-277 of the 2001-2002 General Appropriations

  5  Act, subsection (2) of section 409.904, Florida Statutes, is

  6  amended to read:

  7         409.904  Optional payments for eligible persons.--The

  8  agency may make payments for medical assistance and related

  9  services on behalf of the following persons who are determined

10  to be eligible subject to the income, assets, and categorical

11  eligibility tests set forth in federal and state law.  Payment

12  on behalf of these Medicaid eligible persons is subject to the

13  availability of moneys and any limitations established by the

14  General Appropriations Act or chapter 216.

15         (2)  A family, a pregnant woman, a child under age 18,

16  a person age 65 or over, or a blind or disabled person who

17  would be eligible under any group listed in s. 409.903(1),

18  (2), or (3), except that the income or assets of such family

19  or person exceed established limitations. For a family or

20  person in this group, medical expenses are deductible from

21  income in accordance with federal requirements in order to

22  make a determination of eligibility.  A family or person in

23  this group, which group is known as the "medically needy," is

24  eligible to receive the same services as other Medicaid

25  recipients, with the exception of services in skilled nursing

26  facilities; and intermediate care facilities for the

27  developmentally disabled; inpatient hospital services; home

28  health services; private duty nursing; and adult dental,

29  visual, and hearing services, to the extent such services may

30  be limited under federal law and regulation.

31

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  1         Section 25.  The amendment of subsection 409.904(2),

  2  Florida Statutes, by this act shall expire July 1, 2002, and

  3  the text of that subsection shall revert to that in existence

  4  on June 30, 2001, except that any amendments to such text

  5  exacted other than by this act shall be preserved and continue

  6  to operate to the extent that such amendments are not

  7  dependent upon the portions of such text which expire pursuant

  8  to the provisions of this act. The Division of Statutory

  9  Revision of the Office of Legislative Services shall include

10  in an appropriate reviser's bill any amendments to such

11  subsection which are necessary to give effect to the

12  legislative intent expressed in this section.

13         Section 26.  In order to implement Specific

14  Appropriation 232 of the 2001-2002 General Appropriations Act,

15  subsection (26) is added to section 409.913, Florida Statutes,

16  to read:

17         409.913  Oversight of the integrity of the Medicaid

18  program.--The agency shall operate a program to oversee the

19  activities of Florida Medicaid recipients, and providers and

20  their representatives, to ensure that fraudulent and abusive

21  behavior and neglect of recipients occur to the minimum extent

22  possible, and to recover overpayments and impose sanctions as

23  appropriate.

24         (26)(a)  The Agency for Health Care Administration

25  shall develop and implement a pilot program to prevent

26  Medicaid fraud and abuse in Medicaid-participating pharmacies

27  by using a type of automated fingerprint imaging of Medicaid

28  beneficiaries eligible under this chapter.

29         (b)  In adopting rules under this subsection, the

30  agency shall ensure that any automated fingerprint imaging

31  performed by the agency is used only to prevent fraud and

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  1  abuse of pharmacy benefits by Medicaid beneficiaries and is in

  2  compliance with state and federal disclosure requirements.

  3         (c)  The agency shall prepare, by October 2001, a plan

  4  for implementation of this program. Implementation shall begin

  5  with a pilot of the program in one or more areas of the state

  6  by April 1, 2002. Pilot evaluation results shall be used to

  7  determine the method of statewide expansion.

  8         (d)  The agency shall request any federal waivers

  9  necessary to implement the program within the limits described

10  in this subsection.

11         (e)  This subsection expires July 1, 2002.

12         Section 27.  In order to implement Specific

13  Appropriations 245 and 246 of the 2001-2002 General

14  Appropriations Act, subsection (8) of section 409.906, Florida

15  Statutes, is amended to read:

16         409.906  Optional Medicaid services.--Subject to

17  specific appropriations, the agency may make payments for

18  services which are optional to the state under Title XIX of

19  the Social Security Act and are furnished by Medicaid

20  providers to recipients who are determined to be eligible on

21  the dates on which the services were provided.  Any optional

22  service that is provided shall be provided only when medically

23  necessary and in accordance with state and federal law.

24  Nothing in this section shall be construed to prevent or limit

25  the agency from adjusting fees, reimbursement rates, lengths

26  of stay, number of visits, or number of services, or making

27  any other adjustments necessary to comply with the

28  availability of moneys and any limitations or directions

29  provided for in the General Appropriations Act or chapter 216.

30  If necessary to safeguard the state's systems of providing

31  services to elderly and disabled persons and subject to the

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  1  notice and review provisions of s. 216.177, the Governor may

  2  direct the Agency for Health Care Administration to amend the

  3  Medicaid state plan to delete the optional Medicaid service

  4  known as "Intermediate Care Facilities for the Developmentally

  5  Disabled."  Optional services may include:

  6         (8)  COMMUNITY MENTAL HEALTH SERVICES.--

  7         (a)  The agency may pay for rehabilitative services

  8  provided to a recipient by a mental health or substance abuse

  9  provider licensed by the agency and under contract with the

10  agency or the Department of Children and Family Services to

11  provide such services.  Those services which are psychiatric

12  in nature shall be rendered or recommended by a psychiatrist,

13  and those services which are medical in nature shall be

14  rendered or recommended by a physician or psychiatrist. The

15  agency must develop a provider enrollment process for

16  community mental health providers which bases provider

17  enrollment on an assessment of service need. The provider

18  enrollment process shall be designed to control costs, prevent

19  fraud and abuse, consider provider expertise and capacity, and

20  assess provider success in managing utilization of care and

21  measuring treatment outcomes. Providers will be selected

22  through a competitive procurement or selective contracting

23  process. In addition to other community mental health

24  providers, the agency shall consider for enrollment mental

25  health programs licensed under chapter 395 and group practices

26  licensed under chapter 458, chapter 459, chapter 490, or

27  chapter 491. The agency is also authorized to continue

28  operation of its behavioral health utilization management

29  program and may develop new services if these actions are

30  necessary to ensure savings from the implementation of the

31  utilization management system. The agency shall coordinate the

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  1  implementation of this enrollment process with the Department

  2  of Children and Family Services and the Department of Juvenile

  3  Justice. The agency is authorized to utilize diagnostic

  4  criteria in setting reimbursement rates, to preauthorize

  5  certain high-cost or highly utilized services, to limit or

  6  eliminate coverage for certain services, or to make any other

  7  adjustments necessary to comply with any limitations or

  8  directions provided for in the General Appropriations Act.

  9         (b)  The agency is authorized to implement

10  reimbursement and use management reforms in order to comply

11  with any limitations or directions in the General

12  Appropriations Act, which may include, but are not limited to:

13  prior authorization of treatment and service plans; prior

14  authorization of services: enhanced use review programs for

15  highly used services; and limits on services for those

16  determined to be abusing their benefit coverages. This

17  paragraph expires July 1, 2002.

18         Section 28.  In order to implement Specific

19  Appropriation 254 of the 2001-2002 General Appropriations Act,

20  paragraph (g) is added to subsection (3) of section 409.912,

21  Florida Statutes, to read:

22         409.912  Cost-effective purchasing of health care.--The

23  agency shall purchase goods and services for Medicaid

24  recipients in the most cost-effective manner consistent with

25  the delivery of quality medical care.  The agency shall

26  maximize the use of prepaid per capita and prepaid aggregate

27  fixed-sum basis services when appropriate and other

28  alternative service delivery and reimbursement methodologies,

29  including competitive bidding pursuant to s. 287.057, designed

30  to facilitate the cost-effective purchase of a case-managed

31  continuum of care. The agency shall also require providers to

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  1  minimize the exposure of recipients to the need for acute

  2  inpatient, custodial, and other institutional care and the

  3  inappropriate or unnecessary use of high-cost services.

  4         (3)  The agency may contract with:

  5         (g)  Children's clinic networks that provide care

  6  coordination and care management for Medicaid-eligible

  7  pediatric patients, primary care, authorization or specialty

  8  care, and other urgent and emergency care through organized

  9  clinics designed to service Medicaid eligibles under age 18.

10  The networks shall provide after-hour operations, including

11  evening and weekend hours, to promote, when appropriate, the

12  use of the children's clinics rather than hospital emergency

13  departments. This paragraph expires July 1, 2002.

14         Section 29.  In order to implement Specific

15  Appropriations 254, 289, and 290 of the 2001-2002 General

16  Appropriations Act, paragraph (f) of subsection (2) of section

17  409.9122, Florida Statutes, is amended to read:

18         409.9122  Mandatory Medicaid managed care enrollment;

19  programs and procedures.--

20         (2)

21         (f)  When a Medicaid recipient does not choose a

22  managed care plan or MediPass provider, the agency shall

23  assign the Medicaid recipient to a managed care plan or

24  MediPass provider. Medicaid recipients who are subject to

25  mandatory assignment but who fail to make a choice shall be

26  assigned to managed care plans or provider service networks

27  until an equal enrollment of 50 percent in MediPass and

28  provider service networks and 50 percent in managed care plans

29  is achieved.  Once equal enrollment is achieved, the

30  assignments shall be divided in order to maintain an equal

31  enrollment in MediPass and managed care plans for the

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  1  2001-2002 1998-1999 fiscal year. Thereafter, assignment of

  2  Medicaid recipients who fail to make a choice shall be based

  3  proportionally on the preferences of recipients who have made

  4  a choice in the previous period. Such proportions shall be

  5  revised at least quarterly to reflect an update of the

  6  preferences of Medicaid recipients. The agency shall also

  7  disproportionately assign Medicaid-eligible children in

  8  families who are required to but have failed to make a choice

  9  of managed-care plan or MediPass for their child and who are

10  to be assigned to the MediPass program to children's clinic

11  networks as described in s. 409.912(3)(g) and where available.

12  The disproportionate assignment of children to children's

13  clinic networks shall be made until the agency has determined

14  that the children's clinic networks have sufficient numbers to

15  be economically operated. When making assignments, the agency

16  shall take into account the following criteria:

17         1.  A managed care plan has sufficient network capacity

18  to meet the need of members.

19         2.  The managed care plan or MediPass has previously

20  enrolled the recipient as a member, or one of the managed care

21  plan's primary care providers or MediPass providers has

22  previously provided health care to the recipient.

23         3.  The agency has knowledge that the member has

24  previously expressed a preference for a particular managed

25  care plan or MediPass provider as indicated by Medicaid

26  fee-for-service claims data, but has failed to make a choice.

27         4.  The managed care plan's or MediPass primary care

28  providers are geographically accessible to the recipient's

29  residence.

30         Section 30.  The amendment of paragraph 409.9122(2)(f),

31  Florida Statutes, by this act shall expire July 1, 2002, and

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  1  the text of that paragraph shall revert to that in existence

  2  on June 30, 2001, except that any amendments to such text

  3  exacted other than by this act shall be preserved and continue

  4  to operate to the extent that such amendments are not

  5  dependent upon the portions of such text which expire pursuant

  6  to the provisions of this act. The Division of Statutory

  7  Revision of the Office of Legislative Services shall include

  8  in an appropriate reviser's bill any amendments to such

  9  subsection which are necessary to give effect to the

10  legislative intent expressed in this section.

11         Section 31.  In order to implement Specific

12  Appropriations 254, 289, and 290 of the 2001-2002 General

13  Appropriations Act, paragraph (k) of subsection (2) of section

14  409.9122, Florida Statutes, is amended to read:

15         409.9122  Mandatory Medicaid managed care enrollment;

16  programs and procedures.--

17         (2)

18         (k)1.  Notwithstanding the provisions of paragraph (f),

19  and for the 2000-2001 fiscal year only, when a Medicaid

20  recipient does not choose a managed care plan or MediPass

21  provider, the agency shall assign the Medicaid recipient to a

22  managed care plan, except in those counties in which there are

23  fewer than two managed care plans accepting Medicaid

24  enrollees, in which case assignment shall be to a managed care

25  plan or a MediPass provider. Medicaid recipients in counties

26  with fewer than two managed care plans accepting Medicaid

27  enrollees who are subject to mandatory assignment but who fail

28  to make a choice shall be assigned to managed care plans until

29  an equal enrollment of 50 percent in MediPass and provider

30  service networks and 50 percent in managed care plans is

31  achieved. Once equal enrollment is achieved, the assignments

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  1  shall be divided in order to maintain an equal enrollment in

  2  MediPass and managed care plans. When making assignments, the

  3  agency shall take into account the following criteria:

  4         a.  A managed care plan has sufficient network capacity

  5  to meet the need of members.

  6         b.  The managed care plan or MediPass has previously

  7  enrolled the recipient as a member, or one of the managed care

  8  plan's primary care providers or MediPass providers has

  9  previously provided health care to the recipient.

10         c.  The agency has knowledge that the member has

11  previously expressed a preference for a particular managed

12  care plan or MediPass provider as indicated by Medicaid

13  fee-for-service claims data, but has failed to make a choice.

14         d.  The managed care plan's or MediPass primary care

15  providers are geographically accessible to the recipient's

16  residence.

17         e.  The agency has authority to make mandatory

18  assignments based on quality of service and performance of

19  managed care plans.

20         2.  This paragraph expires is repealed on July 1, 2002

21  2001.

22         Section 32.  In order to implement Specific

23  Appropriations 241-290 of the 2001-2002 General Appropriations

24  Act, subsection (9) is added to section 409.904, Florida

25  Statutes, to read:

26         409.904  Optional payments for eligible persons.--The

27  agency may make payments for medical assistance and related

28  services on behalf of the following persons who are determined

29  to be eligible subject to the income, assets, and categorical

30  eligibility tests set forth in federal and state law.  Payment

31  on behalf of these Medicaid eligible persons is subject to the

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  1  availability of moneys and any limitations established by the

  2  General Appropriations Act or chapter 216.

  3         (9)  The agency may pay for cancer treatment pursuant

  4  to the federal Breast and Cervical Cancer Prevention and

  5  Treatment Act of 2000, screened through the National Breast

  6  and Cervical Cancer Early Detection program, for eligible

  7  women with incomes below 200 percent of the federal poverty

  8  level and from ages 50 to 64. This subsection expires July 1,

  9  2002.

10         Section 33.  In order to implement Specific

11  Appropriation 349 of the 2001-2002 General Appropriations Act,

12  paragraph (a) of subsection (3) of section 39.3065, Florida

13  Statutes, is amended to read:

14         39.3065  Sheriffs of certain counties to provide child

15  protective investigative services; procedures; funding.--

16         (3)(a)  Beginning in fiscal year 1999-2000, The

17  sheriffs of Pasco County, Manatee County, Broward County, and

18  Pinellas County, and Seminole County have the responsibility

19  to provide all child protective investigations in their

20  respective counties. Beginning in fiscal year 2000-2001, the

21  Department of Children and Family Services is authorized to

22  enter into grant agreements with sheriffs of other counties to

23  perform child protective investigations in their respective

24  counties.

25         Section 34.  The amendment of paragraph 39.3065(3)(a),

26  Florida Statutes, by this act shall expire July 1, 2002, and

27  the text of that paragraph shall revert to that in existence

28  on June 30, 2001, except that any amendments to such text

29  exacted other than by this act shall be preserved and continue

30  to operate to the extent that such amendments are not

31  dependent upon the portions of such text which expire pursuant

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  1  to the provisions of this act. The Division of Statutory

  2  Revision of the Office of Legislative Services shall include

  3  in an appropriate reviser's bill any amendments to such

  4  subsection which are necessary to give effect to the

  5  legislative intent expressed in this section.

  6         Section 35.  In order to implement Specific

  7  Appropriation 348 of the 2001-2002 General Appropriations Act,

  8  subsection (1) of section 414.045, Florida Statutes, is

  9  amended to read:

10         414.045  Cash assistance program.--Cash assistance

11  families include any families receiving cash assistance

12  payments from the state program for temporary assistance for

13  needy families as defined in federal law, whether such funds

14  are from federal funds, state funds, or commingled federal and

15  state funds. Cash assistance families may also include

16  families receiving cash assistance through a program defined

17  as a separate state program.

18         (1)  For reporting purposes, families receiving cash

19  assistance shall be grouped into in the following categories.

20  The department may develop additional groupings in order to

21  comply with federal reporting requirements, to comply with the

22  data-reporting needs of the board of directors of Workforce

23  Florida, Inc., or to better inform the public of program

24  progress. Program reporting data shall include, but not

25  necessarily be limited to, the following groupings:

26         (a)  Work-eligible cases.--Work-eligible cases shall

27  include:

28         1.  Families containing an adult or a teen head of

29  household, as defined by federal law. These cases are

30  generally subject to the work activity requirements provided

31

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  1  in s. 445.024 and the time limitations on benefits provided in

  2  s. 414.105.

  3         2.  Families with a parent where the parent's needs

  4  have been removed from the case due to sanction or

  5  disqualification shall be considered work-eligible cases to

  6  the extent that such cases are considered in the calculation

  7  of federal participation rates or would be counted in such

  8  calculation in future months.

  9         3.  Families participating in transition assistance

10  programs.

11         4.  Families otherwise eligible for temporary cash

12  assistance that receive diversion services, a severance

13  payment, or participate in the relocation program.

14         (b)  Child-only cases.--Child-only cases include cases

15  that do not have an adult or teen head of household as defined

16  in federal law. Such cases include:

17         1.  Child-only families with Children in the care of

18  caretaker relatives where the caretaker relatives choose to

19  have their needs excluded in the calculation of the amount of

20  cash assistance.

21         2.  Families in the Relative Caregiver Program as

22  provided in s. 39.5085.

23         3.  Families in which the only parent in a

24  single-parent family or both parents in a two-parent family

25  receive supplemental security income (SSI) benefits under

26  Title XVI of the Social Security Act, as amended. To the

27  extent permitted by federal law, individuals receiving SSI

28  shall be excluded as household members in determining the

29  amount of cash assistance, and such cases shall not be

30  considered families containing an adult. Parents or caretaker

31  relatives who are excluded from the cash assistance group due

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  1  to receipt of SSI may choose to participate in work

  2  activities. An individual who volunteers to participate in

  3  work activity but whose ability to participate in work

  4  activities is limited shall be assigned to work activities

  5  consistent with such limitations. An individual who volunteers

  6  to participate in a work activity may receive child care or

  7  support services consistent with such participation.

  8         4.  Families where the only parent in a single-parent

  9  family or both parents in a two-parent family are not eligible

10  for cash assistance due to immigration status or other

11  limitation requirements of federal law. To the extent required

12  by federal law, such cases shall not be considered families

13  containing an adult.

14         5.  To the extent permitted by federal law and subject

15  to appropriations, special needs children who have been

16  adopted pursuant to s. 409.166, and whose adopting family

17  qualifies as a needy family under the State Plan for Temporary

18  Assistance for Needy Families. Notwithstanding any provision

19  to the contrary in s. 414.075, s. 414.085, or s. 414.096, a

20  family shall be considered a needy family if:

21         a.  The family is determined by the department to have

22  an income below 200 percent of the federal poverty level;

23         b.  The family meets the requirements of subsections

24  (2) and (3) of s. 414.095 related to residence, citizenship,

25  or eligible noncitizen status; and

26         c.  The family provides any information necessary to

27  meet federal reporting requirements specified under Part A of

28  Title IV of the Social Security Act.

29

30  Families described in subparagraph 1., subparagraph 2., or

31  subparagraph 3. may receive child care assistance or other

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  1  supports or services so that the children may continue to be

  2  cared for in their own homes or the homes of relatives. Such

  3  assistance or services may be funded from the temporary

  4  assistance for needy families block grant to the extent

  5  permitted under federal law and to the extent permitted by

  6  appropriation of funds have been provided in the General

  7  Appropriations Act.

  8         Section 36.  The amendment of subsection 414.045(1),

  9  Florida Statutes, by this act shall expire July 1, 2002, and

10  the text of that subsection shall revert to that in existence

11  on June 30, 2001, except that any amendments to such text

12  exacted other than by this act shall be preserved and continue

13  to operate to the extent that such amendments are not

14  dependent upon the portions of such text which expire pursuant

15  to the provisions of this act. The Division of Statutory

16  Revision of the Office of Legislative Services shall include

17  in an appropriate reviser's bill any amendments to such

18  subsection which are necessary to give effect to the

19  legislative intent expressed in this section.

20         Section 37.  In order to implement Specific

21  Appropriation 348A of the 2001-2002 General Appropriations

22  Act, it is the intent of the Legislature to improve services

23  and local participation in community-based care initiatives by

24  fostering community support and providing enhanced prevention

25  and in-home services, thereby reducing the risk otherwise

26  faced by lead agencies. Therefore, there is established a

27  community partnership matching grant program to be operated by

28  the Department of Children and Family Services for the purpose

29  of encouraging local participation in community-based care for

30  child welfare. Any children's services council or other local

31  government entity that makes a financial commitment to a

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  1  community-based care lead agency is eligible for a grant

  2  subject to the following conditions: upon proof that the

  3  children's services council has provided the selected lead

  4  agency at least $825,000 in start-up funds, from any local

  5  resources otherwise available to it, the total amount of local

  6  contribution may be matched on a two-for-one basis up to a

  7  maximum amount of $2 million per council. Awarded matching

  8  grant funds may be used for any prevention or in-home services

  9  provided by the children's services council or other local

10  government entity that meets

11  temporary-assistance-for-needy-families' eligibility

12  requirements and can be reasonably expected to reduce the

13  number of children entering the child welfare system. In order

14  to ensure necessary flexibility for the development, start-up,

15  and ongoing operation of community-based care initiatives, the

16  notice period required for any budget action authorized by the

17  provisions of section 20.19(5)(b), Florida Statutes, is waived

18  for the family safety program; however, the Department of

19  Children and Family Services must provide copies of all such

20  actions to the Executive Office of the Governor and

21  Legislature within 72 hours of their occurrence. Funding

22  available for the matching grant program is subject to

23  legislative appropriation of nonrecurring

24  temporary-assistance-for-needy-families funds provided for the

25  purpose. This sections expires July 1, 2002.

26         Section 38.  In order to implement Specific

27  Appropriations 302-466 of the 2001-2002 General Appropriations

28  Act, for purposes of meeting the maintenance of effort for the

29  temporary-assistance-for-needy-families (TANF) block grant,

30  the Partnership for School Readiness shall ensure that

31  $106,936,783 in state funds are expended in accordance with

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  1  the federal requirements and limitations of Part A of Title VI

  2  of the Social Security Act, as amended. This shall not be

  3  construed as a transfer of funds, but rather as authorization

  4  to designate these funds as TANF maintenance of effort. Any

  5  expenditures of general revenue or other state funds, which

  6  are determined by the director of the agency or his or her

  7  designee to be qualified state expenditures to meet the

  8  maintenance of effort requirement for the

  9  temporary-assistance-for-needy-families block grant, must be

10  made in accordance with the federal requirements and

11  limitations of Part A of Title IV of the Social Security Act,

12  as amended. The director or his or her designee shall certify

13  to the Department of Children and Family Services that

14  controls are in place to ensure that such funds are expended

15  in accordance with the requirements and limitations of federal

16  law and that any reporting requirements of federal law are

17  met. If House Bill 977 or similar legislation is enacted, the

18  Agency for Workforce Innovation or the entity administering

19  the school readiness program shall ensure that state funds are

20  expended for purposes of meeting the state's maintenance of

21  effort requirement for temporary-assistance-for-needy-families

22  (TANF). Funds are provided in Specific Appropriations 459A and

23  136A (G/A-Child Care-WAGES and G/A-Pre-School Projects) to

24  provide slots for children participating in the school

25  readiness initiative. From these funds, the Agency for

26  Workforce Innovation or administering entity is required to

27  expend at least $77,736,783 of WAGES Child Care funds and

28  $29,200,000 of Pre-Kindergarten funds as maintenance of effort

29  for temporary-assistance-to-needy-family (TANF) funds. It is

30  the responsibility of any entity to which such funds are

31  appropriated to obtain the required certification and

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  1  documentation prior to any expenditure of funds. This section

  2  expires July 1, 2002.

  3         Section 39.  In order to implement Specific

  4  Appropriations 408 and 410 of the 2001-2002 General

  5  Appropriations Act, notwithstanding the provisions of chapter

  6  216, Florida Statutes, the Department of Children and Family

  7  Services is authorized to transfer funds as necessary to

  8  achieve a successful transition of staff between that

  9  department and the Department of Juvenile Justice. Such

10  transfers of funds shall only require a 3-day consultation

11  period with the House and Senate Appropriations Committees

12  prior to their implementation. The Department of Juvenile

13  Justice is directed to give priority for employment to persons

14  employed at G. Pierce Wood Memorial Hospital (GPW). The

15  Departments of Juvenile Justice and Children and Family

16  Services are also directed to require the contracted

17  Department of Juvenile Justice programs in the catchment area

18  in the contracted sexually violent predator program to give

19  employees from GPW priority for employment. This section

20  expires July 1, 2002.

21         Section 40.  In order to implement Specific

22  Appropriation 3018 of the 2001-2002 General Appropriations

23  Act, paragraph (i) of subsection (2) of section 318.21,

24  Florida Statutes, as amended, is amended to read:

25         318.21  Disposition of civil penalties by county

26  courts.--All civil penalties received by a county court

27  pursuant to the provisions of this chapter shall be

28  distributed and paid monthly as follows:

29         (2)  Of the remainder:

30         (i)  For fiscal year 2001-2002 2000-2001 only, and in

31  lieu of the provisions of paragraph (a), five and six-tenths

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  1  percent shall be paid to the General Revenue Fund of the

  2  state, except that the first $300,000 shall be deposited into

  3  the Grants and Donations Trust Fund in the state courts system

  4  for administrative costs, training costs, and costs associated

  5  with the implementation and maintenance of Florida foster care

  6  citizen review panels as provided for in s. 39.702. This

  7  paragraph expires is repealed on July 1, 2002 2001.

  8         Section 41.  In order to implement Specific

  9  Appropriation 2967 of the 2001-2002 General Appropriations

10  Act, subsection (8) of section 925.037, Florida Statutes, is

11  amended to read:

12         925.037  Reimbursement of counties for fees paid to

13  appointed counsel; circuit conflict committees.--

14         (8)  Notwithstanding any other provision of this

15  section to the contrary, and for the 2001-2002 2000-2001

16  fiscal year only, funds allocated pursuant to this section

17  shall be distributed to the counties in the designated

18  circuits by the state courts system. This subsection expires

19  is repealed on July 1, 2002 2001.

20         Section 42.  In order to implement Specific

21  Appropriations 862-1126A of the 2001-2002 General

22  Appropriations Act, section 25.402, Florida Statutes, is

23  amended to read:

24         25.402  County Article V Trust Fund.--

25         (1)(a)  The trust fund moneys in the County Article V

26  Trust Fund, administered by the Supreme Court, may must be

27  used to compensate counties for the costs they incur under

28  Article V of the State Constitution in operating the state

29  courts system, including the costs they incur in providing and

30  maintaining court facilities.

31

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  1         (b)  The Supreme Court shall adopt an allocation and

  2  disbursement plan for the operation of the trust fund and the

  3  expenditure of moneys deposited in the trust fund. The Supreme

  4  Court shall include the plan in its legislative budget

  5  request. A committee of 15 people shall develop and recommend

  6  the allocation and disbursement plan to the Supreme Court. The

  7  committee shall be composed of:

  8         1.  Six persons appointed by the Florida Association of

  9  Counties, as follows:

10         a.  Two persons residing in counties with populations

11  fewer less than 85,000 75,000.

12         b.  Two persons residing in counties with populations

13  greater than 84,999 74,999, but fewer less than 700,000.

14         c.  Two persons residing in counties with populations

15  greater than 699,999.

16         2.  Six persons appointed by the Chief Justice of the

17  Supreme Court, as follows:

18         a.  Two persons residing in counties with populations

19  fewer less than 85,000 75,000.

20         b.  Two persons residing in counties with populations

21  greater than 84,999 74,999, but fewer less than 700,000.

22         c.  Two persons residing in counties with populations

23  greater than 699,999.

24         3.  Three persons appointed by the Florida Association

25  of Court Clerks and Comptrollers, as follows:

26         a.  One person residing in a county with a population

27  fewer less than 85,000 75,000.

28         b.  One person residing in a county with a population

29  greater than 84,999 74,999, but fewer less than 700,000.

30         c.  One person residing in a county with a population

31  greater than 699,999.

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  1

  2  The allocation and disbursement plan shall include provisions

  3  to compensate counties with fewer than 85,000 75,000 residents

  4  for court facility needs.

  5         (c)  Amendments to the approved operating budget for

  6  expenditures from the County Article V Trust Fund must be

  7  approved in accordance with the provisions of s. 216.181. The

  8  total amount disbursed from the County Article V Trust Fund

  9  may not exceed the amount authorized by the General

10  Appropriations Act.

11         (d)  Effective July 1, 2001 1998, moneys generated from

12  civil penalties distributed under s. 318.21(2)(h) shall be

13  deposited in the trust fund for the following purposes:

14         1.  Funds paid to counties with populations fewer less

15  than 85,000 75,000 shall be grants-in-aid to be used, in

16  priority order, for: operating expenditures of the offices of

17  the state attorneys and public defenders; consulting or

18  architectural studies related to the improvement of courthouse

19  facilities; improving court facilities to ensure compliance

20  with the Americans with Disabilities Act and other federal or

21  state requirements; other renovations in court facilities;

22  improvements in court security; and expert witness fees in

23  criminal cases, court reporting and transcribing costs in

24  criminal cases, and costs associated with the appointment of

25  special public defenders.

26         2.  Funds paid to counties with populations exceeding

27  84,999 74,999 shall be grants-in-aid to be used, in priority

28  order, for operating expenditures of the offices of the state

29  attorneys and public defenders, costs paid by the county for

30  expert witness fees in criminal cases, court reporting and

31

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  1  transcribing costs in criminal cases, and costs associated

  2  with the appointment of special public defenders.

  3         (2)  This section expires is repealed June 30, 2002.

  4         Section 43.  In order to implement Specific

  5  Appropriations 681-789 of the 2001-2002 General Appropriations

  6  Act, subsection (4) of section 216.262, Florida Statutes, is

  7  amended to read:

  8         216.262  Authorized positions.--

  9         (4)  Notwithstanding the provisions of this chapter on

10  increasing the number of authorized positions, and for the

11  2001-2002 2000-2001 fiscal year only, if the actual inmate

12  population of the Department of Corrections exceeds by 2

13  percent for 2 consecutive months or more the inmate population

14  projected by the Criminal Justice Estimating Conference on

15  February 16, 2001, March 2, 2000, the Executive Office of the

16  Governor may request positions in excess of the number

17  authorized by the Legislature and sufficient funding from the

18  Working Capital Fund to operate the additional prison bed

19  capacity necessary to accommodate the actual inmate

20  population. Such request is subject to the budget amendment

21  and consultation provisions of this chapter. This subsection

22  expires is repealed on July 1, 2002 2001.

23         Section 44.  In order to implement Specific

24  Appropriations 333-339 and 1248-1256 of the 2001-2002 General

25  Appropriations Act, subsection (1) of section 938.01, Florida

26  Statutes, as amended by section 39 of chapter 2000-171, Laws

27  of Florida, is amended to read:

28         938.01  Additional Court Cost Clearing Trust Fund.--

29         (1)  All courts created by Art. V of the State

30  Constitution shall, in addition to any fine or other penalty,

31  assess $3 as a court cost against every person convicted for

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  1  violation of a state penal or criminal statute or convicted

  2  for violation of a municipal or county ordinance. Any person

  3  whose adjudication is withheld pursuant to the provisions of

  4  s. 318.14(9) or (10) shall also be assessed such cost. In

  5  addition, $3 from every bond estreature or forfeited bail bond

  6  related to such penal statutes or penal ordinances shall be

  7  forwarded to the Treasurer as described in this subsection.

  8  However, no such assessment may be made against any person

  9  convicted for violation of any state statute, municipal

10  ordinance, or county ordinance relating to the parking of

11  vehicles.

12         (a)  All such costs collected by the courts shall be

13  remitted to the Department of Revenue, in accordance with

14  administrative rules adopted by the executive director of the

15  Department of Revenue, for deposit in the Additional Court

16  Cost Clearing Trust Fund and shall be earmarked to the

17  Department of Law Enforcement for distribution as follows:

18         1.  Two dollars and seventy-five cents of each $3

19  assessment shall be deposited in the Criminal Justice

20  Standards and Training Trust Fund, and the remaining 25 cents

21  of each such assessment shall be deposited into the Department

22  of Law Enforcement Operating Trust Fund and shall be disbursed

23  to the Department of Law Enforcement.

24         2.  Ninety-two percent of the money distributed to the

25  Additional Court Cost Clearing Trust Fund pursuant to s.

26  318.21 shall be earmarked to the Department of Law Enforcement

27  for deposit in the Criminal Justice Standards and Training

28  Trust Fund, and 8 percent of such money shall be deposited

29  into the Department of Law Enforcement Operating Trust Fund

30  and shall be disbursed to the Department of Law Enforcement.

31

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  1         (b)  The funds deposited in the Criminal Justice

  2  Standards and Training Trust Fund and the Department of Law

  3  Enforcement Operating Trust Fund may be invested. Any interest

  4  earned from investing such funds and any unencumbered funds

  5  remaining at the end of the budget cycle shall remain in the

  6  respective trust fund until the following year.

  7         (c)  All funds in the Criminal Justice Standards and

  8  Training Trust Fund earmarked to the Department of Law

  9  Enforcement shall be disbursed only in compliance with s.

10  943.25(9).

11         Section 45.  The amendment of subsection (1) of section

12  938.01, Florida Statutes, by this act shall expire on July 1,

13  2002, and the text of that subsection shall revert to that in

14  existence on June 30, 2000, except that any amendments to such

15  text enacted other than by this act shall be preserved and

16  continue to operate to the extent that such amendments are not

17  dependent upon the portions of such text which expire pursuant

18  to the provisions of this act. The Division of Statutory

19  Revision of the Office of Legislative Services shall include

20  in an appropriate reviser's bill any amendments to such

21  subsection which are necessary to give effect to the

22  legislative intent expressed in this section.

23         Section 46.  In order to implement Specific

24  Appropriations 333-339 and 1248-1256 of the 2001-2002 General

25  Appropriations Act, subsection (1) of section 943.25, Florida

26  Statutes, as amended by section 41 of chapter 2000-171, Laws

27  of Florida, is amended to read:

28         943.25  Criminal justice trust funds; source of funds;

29  use of funds.--

30         (1)  The Department of Law Enforcement may approve, for

31  disbursement from the Department of Law Enforcement Operating

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  1  Trust Fund, those appropriated sums necessary and required by

  2  the state for grant matching, implementing, administering,

  3  evaluating, and qualifying for such federal funds.

  4  Disbursements from the trust fund for the purpose of

  5  supplanting state general revenue funds may not be made

  6  without specific legislative appropriation.

  7         Section 47.  The amendment of subsection (1) of section

  8  943.25, Florida Statutes, by this act shall expire on July 1,

  9  2002, and the text of that subsection shall revert to that in

10  existence on June 30, 2000, except that any amendments to such

11  text enacted other than by this act shall be preserved and

12  continue to operate to the extent that such amendments are not

13  dependent upon the portions of such text which expire pursuant

14  to the provisions of this act. The Division of Statutory

15  Revision of the Office of Legislative Services shall include

16  in an appropriate reviser's bill any amendments to such

17  subsection which are necessary to give effect to the

18  legislative intent expressed in this section.

19         Section 48.  (1)  In order to implement Specific

20  Appropriations 333-339 and 1248-1256 of the 2001-2002 General

21  Appropriations Act, and for the 2001-2002 fiscal year only,

22  the Criminal Justice Program shall be transferred from the

23  Department of Community Affairs to the Department of Law

24  Enforcement by a type two transfer, pursuant to section

25  20.06(2), Florida Statutes. The Criminal Justice Program so

26  transferred is comprised of the Byrne State and Local Law

27  Enforcement Assistance Program, Local Law Enforcement Block

28  Grants, Drug-Free Communities Program, Residential Substance

29  Abuse Treatment for State Prisoners, the Bulletproof Vest

30  Program, the Guantanamo Bay Refugee and Entrant Assistance

31  Program, the National Criminal History Improvement Program,

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  1  and the Violent Offender Incarceration and Truth-in-Sentencing

  2  Program.

  3         (2)(a)  In order to implement Specific Appropriations

  4  333-339 and 1248-1256 of the 2001-2002 General Appropriations

  5  Act, and for the 2001-2002 fiscal year only, the Prevention of

  6  Domestic and Sexual Violence Program is transferred from the

  7  Department of Community Affairs to the Department of Children

  8  and Family Services by a type two transfer, pursuant to

  9  section 20.06(2), Florida Statutes. The Domestic and Sexual

10  Violence Program so transferred is comprised of the Governor's

11  Task Force on Domestic and Sexual Violence and the Violence

12  Against Women Program.

13         (b)  From the funds deposited into the Department of

14  Law Enforcement Operating Trust Fund pursuant to section

15  938.01(1)(a)1. and 2., Florida Statutes, the Department of Law

16  Enforcement shall transfer funds to the Department of Children

17  and Family Services to be used as matching funds for the

18  administration of the Prevention of Domestic and Sexual

19  Violence Program transferred from the Department of Community

20  Affairs. The amount of the transfer for fiscal year 2001-2002

21  shall be determined by the Governor's Office of Planning and

22  Budgeting, in consultation with the Department of Community

23  Affairs, the Department of Law Enforcement, and the Department

24  of Children and Family Services, and shall be based on the

25  historic use of these funds and current needs of the

26  Prevention of Domestic and Sexual Violence Program.

27         (3)  This section expires July 1, 2002.

28         Section 49.  In order to implement Specific

29  Appropriation 2367A of the 2001-2002 General Appropriations

30  Act, notwithstanding any provisions of section 288.816,

31  Florida Statutes, to the contrary, and for the 2001-2002

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  1  fiscal year only, Enterprise Florida, Inc., shall operate the

  2  sister city and sister state program in a manner consistent

  3  with the provisions prescribed in such section.

  4         Section 50.  In order to implement Specific

  5  Appropriation 2367A of the 2001-2002 General Appropriations

  6  Act, notwithstanding any provisions of section 288.0251,

  7  Florida Statutes, to the contrary, and for the 2001-2002

  8  fiscal year only, Enterprise Florida, Inc., may contract for

  9  the implementation of Florida's international volunteer corps

10  in a manner consistent with the provisions prescribed in such

11  section.

12         Section 51.  In order to implement Specific

13  Appropriation 1519 of the 2001-2002 General Appropriations

14  Act, notwithstanding any provision of section 163.3184(8),

15  Florida Statutes, to the contrary, and for the 2001-2002

16  fiscal year only, the Department of Community Affairs may use

17  the internet or other methods to issue notice of intent as

18  related to comprehensive plan amendments.

19         Section 52.  In order to implement Specific

20  Appropriations 2624-2629 of the 2001-2002 General

21  Appropriations Act, subsection (4) of section 287.161, Florida

22  Statutes, is amended to read:

23         287.161  Executive aircraft pool; assignment of

24  aircraft; charge for transportation.--

25         (4)  Notwithstanding the requirements of subsections

26  (2) and (3) and for the 2001-2002 2000-2001 fiscal year only,

27  the Department of Management Services shall charge all persons

28  receiving transportation from the executive aircraft pool a

29  rate not less than the mileage allowance fixed by the

30  Legislature for the use of privately owned vehicles. Fees

31  collected for persons traveling by aircraft in the executive

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  1  aircraft pool shall be deposited into the Bureau of Aircraft

  2  Trust Fund and shall be expended for costs incurred to operate

  3  the aircraft management activities of the department. It is

  4  the intent of the Legislature that the executive aircraft pool

  5  be operated on a full cost recovery basis, less available

  6  funds. This subsection expires July 1, 2002 2001.

  7         Section 53.  In order to implement Specific

  8  Appropriation 1742 of the 2001-2002 General Appropriations

  9  Act, subsection (3) of section 259.101, Florida Statutes, is

10  amended to read:

11         259.101  Florida Preservation 2000 Act.--

12         (3)  LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the

13  costs of issuance, the costs of funding reserve accounts, and

14  other costs with respect to the bonds, the proceeds of bonds

15  issued pursuant to this act shall be deposited into the

16  Florida Preservation 2000 Trust Fund created by s. 375.045.

17  Ten percent of the proceeds of any bonds deposited into the

18  Preservation 2000 Trust Fund shall be distributed by the

19  Department of Environmental Protection to the Department of

20  Environmental Protection for the purchase by the South Florida

21  Water Management District of lands in Dade, Broward, and Palm

22  Beach Counties identified in s. 7, chapter 95-349, Laws of

23  Florida. This distribution shall apply for any bond issue for

24  the 1995-1996 fiscal year. For the 1997-1998 fiscal year only,

25  $20 million per year from the proceeds of any bonds deposited

26  into the Florida Preservation 2000 Trust Fund shall be

27  distributed by the Department of Environmental Protection to

28  the St. Johns Water Management District for the purchase of

29  lands necessary to restore Lake Apopka. Starting in fiscal

30  year 2001-2002, from the cash balance less approved

31  commitments encumbered that is remaining in the Florida

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  1  Preservation 2000 Trust Fund, the Legislature shall

  2  appropriate up to $100 million from the Florida Preservation

  3  2000 Trust Fund to the Save Our Everglades Trust Fund to be

  4  used for the acquisition of lands needed for restoration of

  5  the Florida Everglades pursuant to s. 373.470. Furthermore,

  6  the remaining cash balances available for the Preservation

  7  2000 programs described in paragraphs (a) through (g) shall be

  8  adjusted pro rata for the amount appropriated by the

  9  Legislature. Additionally, any cash balances less approved

10  commitments encumbered available to the programs described in

11  paragraphs (a) through (g) at the time the first series of

12  Florida Forever Program bonds is issued and proceeds are

13  deposited into the Florida Forever Trust Fund shall be

14  reserved and remain unavailable for expenditure for projects

15  pursuant to the Florida Preservation 2000 Program until and

16  unless the programs receiving an allocation under the Florida

17  Forever Program described in paragraphs 259.105(3)(a)-(h),

18  respectively, have encumbered all funds available from the

19  first Florida Forever Program bond issue. To the extent that

20  projects eligible for Preservation 2000 funds can also be

21  eligible for Florida Forever funds, the proceeds from Florida

22  Forever bonds may be used to complete transactions begun with

23  Preservation 2000 funds or meet cash needs for property

24  transactions begun in fiscal year 2000-2001. In fiscal year

25  2000-2001, for each Florida Preservation 2000 program

26  described in paragraphs (a)-(g), that portion of each

27  program's total remaining cash balance which, as of June 30,

28  2000, is in excess of that program's total remaining

29  appropriation balances shall be redistributed by the

30  department and deposited into the Save Our Everglades Trust

31  Fund for land acquisition. For purposes of calculating the

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  1  total remaining cash balances for this redistribution, the

  2  Florida Preservation 2000 Series 2000 bond proceeds, including

  3  interest thereon, and the fiscal year 1999-2000 General

  4  Appropriations Act amounts shall be deducted from the

  5  remaining cash and appropriation balances, respectively. The

  6  remaining proceeds shall be distributed by the Department of

  7  Environmental Protection in the following manner:

  8         (a)  Fifty percent to the Department of Environmental

  9  Protection for the purchase of public lands as described in s.

10  259.032.  Of this 50 percent, at least one-fifth shall be used

11  for the acquisition of coastal lands.

12         (b)  Thirty percent to the Department of Environmental

13  Protection for the purchase of water management lands pursuant

14  to s. 373.59, to be distributed among the water management

15  districts as provided in that section. Funds received by each

16  district may also be used for acquisition of lands necessary

17  to implement surface water improvement and management plans

18  approved in accordance with s. 373.456 or for acquisition of

19  lands necessary to implement the Everglades Construction

20  Project authorized by s. 373.4592.

21         (c)  Ten percent to the Department of Community Affairs

22  to provide land acquisition grants and loans to local

23  governments through the Florida Communities Trust pursuant to

24  part III of chapter 380.  From funds allocated to the trust,

25  $3 million annually shall be used by the Division of State

26  Lands within the Department of Environmental Protection to

27  implement the Green Swamp Land Protection Initiative

28  specifically for the purchase of conservation easements, as

29  defined in s. 380.0677(4), of lands, or severable interests or

30  rights in lands, in the Green Swamp Area of Critical State

31  Concern.  From funds allocated to the trust, $3 million

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  1  annually shall be used by the Monroe County Comprehensive Plan

  2  Land Authority specifically for the purchase of any real

  3  property interest in either those lands subject to the Rate of

  4  Growth Ordinances adopted by local governments in Monroe

  5  County or those lands within the boundary of an approved

  6  Conservation and Recreation Lands project located within the

  7  Florida Keys or Key West Areas of Critical State Concern;

  8  however, title to lands acquired within the boundary of an

  9  approved Conservation and Recreation Lands project may, in

10  accordance with an approved joint acquisition agreement, vest

11  in the Board of Trustees of the Internal Improvement Trust

12  Fund.  Of the remaining funds allocated to the trust after the

13  above transfers occur, one-half shall be matched by local

14  governments on a dollar-for-dollar basis.  To the extent

15  allowed by federal requirements for the use of bond proceeds,

16  the trust shall expend Preservation 2000 funds to carry out

17  the purposes of part III of chapter 380.

18         (d)  Two and nine-tenths percent to the Department of

19  Environmental Protection for the purchase of inholdings and

20  additions to state parks. For the purposes of this paragraph,

21  "state park" means all real property in the state under the

22  jurisdiction of the Division of Recreation and Parks of the

23  department, or which may come under its jurisdiction.

24         (e)  Two and nine-tenths percent to the Division of

25  Forestry of the Department of Agriculture and Consumer

26  Services to fund the acquisition of state forest inholdings

27  and additions pursuant to s. 589.07.

28         (f)  Two and nine-tenths percent to the Fish and

29  Wildlife Conservation Commission to fund the acquisition of

30  inholdings and additions to lands managed by the commission

31  which are important to the conservation of fish and wildlife.

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  1         (g)  One and three-tenths percent to the Department of

  2  Environmental Protection for the Florida Greenways and Trails

  3  Program, to acquire greenways and trails or greenways and

  4  trails systems pursuant to chapter 260, including, but not

  5  limited to, abandoned railroad rights-of-way and the Florida

  6  National Scenic Trail.

  7

  8  Local governments may use federal grants or loans, private

  9  donations, or environmental mitigation funds, including

10  environmental mitigation funds required pursuant to s.

11  338.250, for any part or all of any local match required for

12  the purposes described in this subsection.  Bond proceeds

13  allocated pursuant to paragraph (c) may be used to purchase

14  lands on the priority lists developed pursuant to s. 259.035.

15  Title to lands purchased pursuant to paragraphs (a), (d), (e),

16  (f), and (g) shall be vested in the Board of Trustees of the

17  Internal Improvement Trust Fund. Title to lands purchased

18  pursuant to paragraph (c) may be vested in the Board of

19  Trustees of the Internal Improvement Trust Fund. The board of

20  trustees shall hold title to land protection agreements and

21  conservation easements that were or will be acquired pursuant

22  to s. 380.0677, and the Southwest Florida Water Management

23  District and the St. Johns River Water Management District

24  shall monitor such agreements and easements within their

25  respective districts until the state assumes this

26  responsibility.

27         Section 54.  The amendment of subsection 259.101(3),

28  Florida Statutes, by this act shall expire July 1, 2002, and

29  the text of that subsection shall revert to that in existence

30  on June 30, 2001, except that any amendments to such text

31  exacted other than by this act shall be preserved and continue

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  1  to operate to the extent that such amendments are not

  2  dependent upon the portions of such text which expire pursuant

  3  to the provisions of this act. The Division of Statutory

  4  Revision of the Office of Legislative Services shall include

  5  in an appropriate reviser's bill any amendments to such

  6  subsection which are necessary to give effect to the

  7  legislative intent expressed in this section.

  8         Section 55.  In order to implement Specific

  9  Appropriation 1742 of the 2001-2002 General Appropriations

10  Act, paragraph (a) of subsection (11) of section 259.105,

11  Florida Statutes, is amended to read:

12         259.105  The Florida Forever Act.--

13         (11)  For the purposes of funding projects pursuant to

14  paragraph (3)(a), the Secretary of Environmental Protection

15  shall ensure that each water management district receives the

16  following percentage of funds annually:

17         (a)  Thirty-five percent to the South Florida Water

18  Management District, of which amount $25 million shall be

19  transferred by the Department of Environmental Protection into

20  the Save Our Everglades Trust Fund.

21         Section 56.  The amendment of paragraph 259.105(11)(a),

22  Florida Statutes, by this act shall expire July 1, 2002, and

23  the text of that paragraph shall revert to that in existence

24  on June 30, 2001, except that any amendments to such text

25  exacted other than by this act shall be preserved and continue

26  to operate to the extent that such amendments are not

27  dependent upon the portions of such text which expire pursuant

28  to the provisions of this act. The Division of Statutory

29  Revision of the Office of Legislative Services shall include

30  in an appropriate reviser's bill any amendments to such

31

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  1  subsection which are necessary to give effect to the

  2  legislative intent expressed in this section.

  3         Section 57.  In order to implement Specific

  4  Appropriation 1748 of the 2001-2002 General Appropriations

  5  Act, subsection (1) of section 403.709, Florida Statutes, is

  6  amended to read:

  7         403.709  Solid Waste Management Trust Fund; use of

  8  waste tire fee moneys; waste tire site management.--

  9         (1)  There is created the Solid Waste Management Trust

10  Fund, to be administered by the department for the purposes

11  of:

12         (a)  Funding solid waste activities of the department,

13  such as providing technical assistance to local governments,

14  performing solid waste regulatory and enforcement functions,

15  preparing solid waste documents, and implementing solid waste

16  education programs.

17         (b)  Making grants and awards to local governments as

18  provided in s. 403.7095.

19         (c)  Providing funding for research, demonstration, and

20  training by state universities, community colleges, and

21  independent nonprofit colleges and universities within the

22  state which are accredited by the Southern Association of

23  Colleges and Schools, and other organizations that can

24  reasonably demonstrate the capability to carry out such

25  projects.  Of the annual amounts appropriated by the

26  Legislature for the Solid Waste Management Trust Fund, up to 5

27  percent may be reserved by the secretary and used to fund on a

28  matching basis research, demonstration, and training projects

29  related to solid waste management.  Those projects may

30  include, but are not limited to, undertakings such as market

31

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  1  development for recycled materials, composting techniques and

  2  use, and plastic materials.

  3         (d)  For the 2001-2002 fiscal year only, the use of

  4  funds allocated to the Solid Waste Management Trust Fund shall

  5  be as provided in the General Appropriations Act. The sum of

  6  $33.8 million is transferred for water projects. This

  7  paragraph expires July 1, 2002.

  8         Section 58.  In order to implement Specific

  9  Appropriation 1789 of the 2001-2002 General Appropriations

10  Act, subsection (8) of section 403.7095, Florida Statutes, is

11  amended to read:

12         403.7095  Solid waste management grant program.--

13         (8)  Notwithstanding the provisions of this section,

14  for fiscal year 2001-2002 2000-2001 only, the department shall

15  provide solid waste management and recycling grants only to

16  counties with populations under 100,000. Such grants must be

17  with at least 80 percent of the level of funding they received

18  in fiscal year 2000-2001 1997-1998 for solid waste management

19  and recycling grants. This subsection expires is repealed on

20  July 1, 2002 2001.

21         Section 59.  In order to implement Specific

22  Appropriations 1653 and 1748 of the 2001-2002 General

23  Appropriations Act, subsection (11) of section 373.59, Florida

24  Statutes, is amended to read:

25         373.59  Water Management Lands Trust Fund.--

26         (11)  Notwithstanding any provision of this section to

27  the contrary, and for the 2001-2002 2000-2001 fiscal year

28  only, the governing board of a water management district may

29  request, and the Secretary of Environmental Protection shall

30  release upon such request, moneys allocated to the districts

31  pursuant to subsection (8) for the purpose of carrying out the

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  1  purposes of s. 373.0361, s. 373.0831 s. 375.0831, s. 373.139,

  2  or ss. 373.451-373.4595 and for legislatively authorized land

  3  acquisition and water restoration initiatives. No funds may be

  4  used pursuant to this subsection until necessary debt service

  5  obligations, requirements for payments in lieu of taxes, and

  6  land management obligations that may be required by this

  7  chapter are provided for. This subsection expires is repealed

  8  on July 1, 2002 2001.

  9         Section 60.  In order to implement Specific

10  Appropriation 1543A of the 2001-2002 General Appropriations

11  Act, paragraph (b) of subsection (1) of section 252.373,

12  Florida Statutes, is amended to read:

13         252.373  Allocation of funds; rules.--

14         (1)

15         (b)  Notwithstanding the provisions of paragraph (a),

16  and for the 2001-2002 2000-2001 fiscal year only, up to $2 $4

17  million of the unencumbered balance of the Emergency

18  Management, Preparedness, and Assistance Trust Fund shall be

19  utilized to improve, and increase the number of, disaster

20  shelters within the state and improve local disaster

21  preparedness. This paragraph expires is repealed on July 1,

22  2002 2001.

23         Section 61.  In order to implement section 8 of the

24  2001-2002 General Appropriations Act, subsection (7) of

25  section 110.12315, Florida Statutes, is amended to read:

26         110.12315  Prescription drug program.--The state

27  employees' prescription drug program is established.  This

28  program shall be administered by the Department of Management

29  Services, according to the terms and conditions of the plan as

30  established by the relevant provisions of the annual General

31

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  1  Appropriations Act and implementing legislation, subject to

  2  the following conditions:

  3         (7)  Notwithstanding the provisions of subsections (1)

  4  and (2), under the state employees' prescription drug program

  5  copayments must be made as follows:

  6         (a)  For the period July 1, 2000, through December 31,

  7  2000:

  8         1.  For generic drug with card......................$7.

  9         2.  For brand name drug with card..................$20.

10         3.  For generic mail order drug with card...........$7.

11         4.  For brand name mail order drug with card.......$20.

12         (a)(b)  Effective January 1, 2001:

13         1.  For generic drug with card......................$7.

14         2.  For preferred brand name drug with card........$20.

15         3.  For nonpreferred brand name drug with card.....$35.

16         4.  For generic mail order drug with card.......$10.50.

17         5.  For preferred brand name mail order

18  drug with card............................................$30.

19         6.  For nonpreferred brand name drug with card..$52.50.

20         (b)(c)  The Department of Management Services shall

21  create a preferred brand name drug list to be used in the

22  administration of the state employees' prescription drug

23  program.

24

25  This subsection expires July 1, 2002 2001.

26         Section 62.  In order to implement section 8 of the

27  2001-2002 General Appropriations Act, section 110.1239,

28  Florida Statutes, is amended to read:

29         110.1239  State group health insurance program

30  funding.--For the 2001-2002 2000-2001 fiscal year only, it is

31  the intent of the Legislature that the state group health

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  1  insurance program be managed, administered, operated, and

  2  funded in such a manner as to maximize the protection of state

  3  employee health insurance benefits. Inherent in this intent is

  4  the recognition that the health insurance liabilities

  5  attributable to the benefits offered state employees should be

  6  fairly, orderly, and equitably funded. Accordingly:

  7         (1)  The division shall determine the level of premiums

  8  necessary to fully fund the state group health insurance

  9  program for the next fiscal year. Such determination shall be

10  made after each revenue estimating conference on health

11  insurance as provided in s. 216.136(1), but not later than

12  December 1 and April 1 of each fiscal year.

13         (2)  The Governor, in the Governor's recommended

14  budget, shall provide premium rates necessary for full funding

15  of the state group health insurance program, and the

16  Legislature shall provide in the General Appropriations Act

17  for a premium level necessary for full funding of the state

18  group health insurance program.

19         (3)  For purposes of funding, any additional

20  appropriation amounts allocated to the state group health

21  insurance program by the Legislature shall be considered as a

22  state contribution and thus an increase in the state premiums.

23         (4)  This section expires is repealed on July 1, 2002

24  2001.

25         Section 63.  A section of this act that implements a

26  specific appropriation or specifically identified proviso

27  language in the 2001-2002 General Appropriations Act is void

28  if the specific appropriation or specifically identified

29  proviso language is vetoed. A section of this act that

30  implements more than one specific appropriation or more than

31  one portion of specifically identified proviso language in the

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  1  2001-2002 General Appropriations Act is void if all the

  2  specific appropriations or portions of specifically identified

  3  proviso language are vetoed.

  4         Section 64.  If any other act passed during the 2001

  5  Regular Session of the Legislature or any extension thereof

  6  contains a provision that is substantively the same as a

  7  provision in this act, but that removes or is otherwise not

  8  subject to the future repeal applied to such provision by this

  9  act, the Legislature intends that the provision in the other

10  act shall take precedence and shall continue to operate,

11  notwithstanding the future repeal provided by this act.

12         Section 65.  The agency performance measures and

13  standards in the document entitled "Senate Approved Agency

14  Performance Measures and Standards for Fiscal Year 2001-02"

15  dated March 19, 2001, and filed with the Secretary of the

16  Senate are incorporated by reference. Such performance

17  measures and standards are directly linked to the

18  appropriations made in the General Appropriations Act for

19  fiscal year 2001-2002, as required by the Government

20  Performance and Accountability Act of 1994. State agencies are

21  directed to revise their Long-Range Program Plans required

22  under section 216.013, Florida Statutes, to be consistent with

23  these performance measures and standards.

24         Section 66.  If any provision of this act or its

25  application to any person or circumstance is held invalid, the

26  invalidity shall not affect other provisions or applications

27  of the act which can be given effect without the invalid

28  provision or application, and to this end the provisions of

29  this act are declared severable.

30         Section 67.  This act shall take effect July 1, 2001;

31  or, in the event this act fails to become a law until after

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  1  that date, it shall take effect upon becoming a law and shall

  2  operate retroactively to July 1, 2001.

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  5                          SENATE SUMMARY

  6    Implements the 2001-2002 General Appropriations Act.

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