Senate Bill sb2002
CODING: Words stricken are deletions; words underlined are additions.
    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
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  2
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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.;
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  4
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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,
                                  5
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  6
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  7
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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).
                                  8
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  9
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  10
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  11
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  12
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  13
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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:
                                  14
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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,
                                  15
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  16
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  17
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  18
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  19
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  20
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  21
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  22
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  23
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  24
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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.
                                  25
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  26
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  27
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  28
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  29
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  30
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  31
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  32
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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.
                                  33
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  34
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  35
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  36
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  37
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  38
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  39
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  40
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  41
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  42
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  43
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  44
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  45
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  46
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  47
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  48
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  49
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  50
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  51
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  52
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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.
                                  53
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  54
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  55
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  56
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  57
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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,
                                  58
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  59
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  60
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  61
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  62
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  63
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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.
                                  64
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  65
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  66
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  67
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  68
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  69
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  70
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  71
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  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
                                  72
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2002
    309-1474C-01
  1  that date, it shall take effect upon becoming a law and shall
  2  operate retroactively to July 1, 2001.
  3
  4            *****************************************
  5                          SENATE SUMMARY
  6    Implements the 2001-2002 General Appropriations Act.
  7
  8
  9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
                                  73
CODING: Words stricken are deletions; words underlined are additions.