Florida Senate - 2017 CONFERENCE COMMITTEE AMENDMENT
Bill No. SB 2502, 1st Eng.
Ì740600cÎ740600
LEGISLATIVE ACTION
Senate . House
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Floor: AD/CR . Floor: AD
05/08/2017 08:37 PM . 05/08/2017 08:50 PM
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The Conference Committee on SB 2502, 1st Eng. recommended the
following:
1 Senate Conference Committee Amendment (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. It is the intent of the Legislature that the
7 implementing and administering provisions of this act apply to
8 the General Appropriations Act for the 2017-2018 fiscal year.
9 Section 2. In order to implement Specific Appropriations 7,
10 8, 9, 91, and 92 of the 2017-2018 General Appropriations Act,
11 the calculations of the Florida Education Finance Program for
12 the 2017-2018 fiscal year included in the document titled
13 “Public School Funding: The Florida Education Finance Program,”
14 dated May 5, 2017, and filed with the Secretary of the Senate,
15 are incorporated by reference for the purpose of displaying the
16 calculations used by the Legislature, consistent with the
17 requirements of state law, in making appropriations for the
18 Florida Education Finance Program. This section expires July 1,
19 2018.
20 Section 3. In order to implement Specific Appropriations 7
21 and 91 of the 2017-2018 General Appropriations Act, and
22 notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
23 1011.62(6)(b)5., and 1011.67, Florida Statutes, relating to the
24 expenditure of funds provided for instructional materials, for
25 the 2017-2018 fiscal year, funds provided for instructional
26 materials shall be released and expended as required in the
27 proviso language for Specific Appropriation 91 of the 2017-2018
28 General Appropriations Act. This section expires July 1, 2018.
29 Section 4. In order to implement Specific Appropriation 22
30 of the 2017-2018 General Appropriations Act, for the 2017-2018
31 fiscal year only and notwithstanding s. 1013.64(2)(a)6., Florida
32 Statutes, the Dixie County Middle/High School special facility
33 project may exceed the cost per student station. This section
34 expires July 1, 2018.
35 Section 5. In order to implement Specific Appropriation 154
36 of the 2017-2018 General Appropriations Act, upon the expiration
37 and reversion of the amendment to section 1008.46, Florida
38 Statutes, pursuant to section 11 of chapter 2016-62, Laws of
39 Florida, subsection (1) of section 1008.46, Florida Statutes, is
40 amended to read:
41 1008.46 State university accountability process.—It is the
42 intent of the Legislature that an accountability process be
43 implemented that provides for the systematic, ongoing evaluation
44 of quality and effectiveness of state universities. It is
45 further the intent of the Legislature that this accountability
46 process monitor performance at the system level in each of the
47 major areas of instruction, research, and public service, while
48 recognizing the differing missions of each of the state
49 universities. The accountability process shall provide for the
50 adoption of systemwide performance standards and performance
51 goals for each standard identified through a collaborative
52 effort involving state universities, the Board of Governors, the
53 Legislature, and the Governor’s Office, consistent with
54 requirements specified in s. 1001.706. These standards and goals
55 shall be consistent with s. 216.011(1) to maintain congruity
56 with the performance-based budgeting process. This process
57 requires that university accountability reports reflect measures
58 defined through performance-based budgeting. The performance
59 based budgeting measures must also reflect the elements of
60 teaching, research, and service inherent in the missions of the
61 state universities.
62 (1)(a) By December 31 of each year, the Board of Governors
63 shall submit an annual accountability report providing
64 information on the implementation of performance standards,
65 actions taken to improve university achievement of performance
66 goals, the achievement of performance goals during the prior
67 year, and initiatives to be undertaken during the next year. The
68 accountability reports shall be designed in consultation with
69 the Governor’s Office, the Office of Program Policy Analysis and
70 Government Accountability, and the Legislature.
71 (b) Notwithstanding paragraph (a), for the 2017-2018 fiscal
72 year, the Board of Governors shall submit the annual
73 accountability report by March 15, 2018. This paragraph expires
74 July 1, 2018.
75 Section 6. In order to implement Specific Appropriation 141
76 of the 2017-2018 General Appropriations Act, upon the expiration
77 and reversion of the amendment to section 1004.345, Florida
78 Statutes, pursuant to section 36 of chapter 2016-62, Laws of
79 Florida, subsection (1) of section 1004.345, Florida Statutes,
80 is amended to read:
81 1004.345 The Florida Polytechnic University.—
82 (1) By December 31, 2017 2016, the Florida Polytechnic
83 University shall meet the following criteria as established by
84 the Board of Governors:
85 (a) Achieve accreditation from the Commission on Colleges
86 of the Southern Association of Colleges and Schools;
87 (b) Initiate the development of the new programs in the
88 fields of science, technology, engineering, and mathematics;
89 (c) Seek discipline-specific accreditation for programs;
90 (d) Attain a minimum FTE of 1,244, with a minimum 50
91 percent of that FTE in the fields of science, technology,
92 engineering, and mathematics and 20 percent in programs related
93 to those fields;
94 (e) Complete facilities and infrastructure, including the
95 Science and Technology Building, Phase I of the Wellness Center,
96 and a residence hall or halls containing no fewer than 190 beds;
97 and
98 (f) Have the ability to provide, either directly or where
99 feasible through a shared services model, administration of
100 financial aid, admissions, student support, information
101 technology, and finance and accounting with an internal audit
102 function.
103 Section 7. In order to implement Specific Appropriation 69
104 of the 2017-2018 General Appropriations Act, and notwithstanding
105 the expiration date in section 36 of chapter 2016-62, Laws of
106 Florida, paragraph (b) of subsection (4) of section 1009.986,
107 Florida Statutes, is reenacted to read:
108 1009.986 Florida ABLE program.—
109 (4) FLORIDA ABLE PROGRAM.—
110 (b) The participation agreement must include provisions
111 specifying:
112 1. The participation agreement is only a debt or obligation
113 of the Florida ABLE program and the Florida ABLE Program Trust
114 Fund and, as provided under paragraph (f), is not a debt or
115 obligation of the Florida Prepaid College Board or the state.
116 2. Participation in the Florida ABLE program does not
117 guarantee that sufficient funds will be available to cover all
118 qualified disability expenses for any designated beneficiary and
119 does not guarantee the receipt or continuation of any product or
120 service for the designated beneficiary.
121 3. Whether the Florida ABLE program requires a designated
122 beneficiary to be a resident of this state or a resident of a
123 contracting state at the time the ABLE account is established.
124 In determining whether to require residency, the Florida Prepaid
125 College Board shall consider, among other factors:
126 a. Market research; and
127 b. Estimated operating revenues and costs.
128 4. The establishment of an ABLE account in violation of
129 federal law is prohibited.
130 5. Contributions in excess of the limitations set forth in
131 s. 529A of the Internal Revenue Code are prohibited.
132 6. The state is a creditor of ABLE accounts as, and to the
133 extent, set forth in s. 529A of the Internal Revenue Code.
134 7. Material misrepresentations by a party to the
135 participation agreement, other than Florida ABLE, Inc., in the
136 application for the participation agreement or in any
137 communication with Florida ABLE, Inc., regarding the Florida
138 ABLE program may result in the involuntary liquidation of the
139 ABLE account. If an account is involuntarily liquidated, the
140 designated beneficiary is entitled to a refund, subject to any
141 fees or penalties provided by the participation agreement and
142 the Internal Revenue Code.
143 Section 8. The text of s. 1009.986(4)(b), Florida Statutes,
144 as carried forward from chapter 2016-62, Laws of Florida, in
145 this act, expires July 1, 2018, and the text of that paragraph
146 shall revert to that in existence on June 30, 2016, except that
147 any amendments to such text enacted other than by this act shall
148 be preserved and continue to operate to the extent that such
149 amendments are not dependent upon the portions of text which
150 expire pursuant to this section.
151 Section 9. In order to implement Specific Appropriations
152 198, 199, 203, and 207 of the 2017-2018 General Appropriations
153 Act, the calculations for the Medicaid Disproportionate Share
154 Hospital and Hospital Reimbursement programs for the 2017-2018
155 fiscal year contained in the document titled “Medicaid Hospital
156 Funding Programs,” dated May 5, 2017, and filed with the
157 Secretary of the Senate, are incorporated by reference for the
158 purpose of displaying the calculations used by the Legislature,
159 consistent with the requirements of state law, in making
160 appropriations for the Medicaid Disproportionate Share Hospital
161 and Hospital Reimbursement programs. This section expires July
162 1, 2018.
163 Section 10. In order to implement Specific Appropriations
164 191 through 212A and 522 of the 2017-2018 General Appropriations
165 Act, and notwithstanding ss. 216.181 and 216.292, Florida
166 Statutes, the Agency for Health Care Administration, in
167 consultation with the Department of Health, may submit a budget
168 amendment, subject to the notice, review, and objection
169 procedures of s. 216.177, Florida Statutes, to realign funding
170 within and between agencies based on implementation of the
171 Managed Medical Assistance component of the Statewide Medicaid
172 Managed Care program for the Children’s Medical Services program
173 of the Department of Health. The funding realignment shall
174 reflect the actual enrollment changes due to the transfer of
175 beneficiaries from fee-for-service to the capitated Children’s
176 Medical Services Network. The Agency for Health Care
177 Administration may submit a request for nonoperating budget
178 authority to transfer the federal funds to the Department of
179 Health pursuant to s. 216.181(12), Florida Statutes. This
180 section expires July 1, 2018.
181 Section 11. In order to implement Specific Appropriations
182 198, 203, and 207 of the 2017-2018 General Appropriations Act,
183 and subject to federal authorization and the availability of
184 intergovernmental transfer (IGT) funds, the Agency for Health
185 Care Administration is authorized to make Medicaid payments on a
186 cost basis to qualifying Florida cancer hospitals that meet the
187 criteria in 42 U.S.C. s. 1395ww(d)(1)(B)(v) and are members of
188 the Alliance of Dedicated Cancer Centers. Once federal approval
189 is granted and IGT funds are available, the agency is authorized
190 to submit budget amendments requesting the authority for this
191 funding and the release of funds pursuant to the provisions of
192 chapter 216, Florida Statutes. Any release of the funds shall
193 include a plan for how the funds will be dispersed for the
194 purposes specified in this section. This section expires July 1,
195 2018.
196 Section 12. In order to implement Specific Appropriation
197 241 of the 2017-2018 General Appropriations Act:
198 (1) If during the 2017-2018 fiscal year, the Agency for
199 Persons with Disabilities ceases to have an allocation algorithm
200 and methodology adopted by valid rule pursuant to s. 393.0662,
201 Florida Statutes, the agency shall use the following until it
202 adopts a new allocation algorithm and methodology:
203 (a) Each client’s iBudget in effect as of the date the
204 agency ceases to have an allocation algorithm and methodology
205 adopted by valid rule pursuant to s. 393.0662, Florida Statutes,
206 shall remain at that funding level.
207 (b) The Agency for Persons with Disabilities shall
208 determine the iBudget for a client newly enrolled in the home
209 and community-based services waiver program using the same
210 allocation algorithm and methodology used for the iBudgets
211 determined between January 1, 2017, and June 30, 2017.
212 (2) After a new allocation algorithm and methodology is
213 adopted by final rule, a client’s new iBudget shall be
214 determined based on the new allocation algorithm and methodology
215 and shall take effect as of the client’s next support plan
216 update.
217 (3) Funding allocated under subsections (1) and (2) may be
218 increased pursuant to s. 393.0662(1)(b), Florida Statutes, or as
219 necessary to comply with federal regulations.
220 (4) This section expires July 1, 2018.
221 Section 13. Effective upon this act becoming a law and in
222 order to implement Specific Appropriation 249 of the 2017-2018
223 General Appropriations Act:
224 (1) The Agency for Persons with Disabilities shall contract
225 with an independent consultant to examine the state’s
226 transportation disadvantaged services, how such services are
227 provided in urban and nonurbanized areas and how to assist in
228 the development and use of different provider models.
229 (2) There is created the Task Force on Transportation
230 Disadvantaged Services, a task force as defined in s. 20.03,
231 Florida Statutes. The task force is assigned to the Agency for
232 Persons with Disabilities; however, the Commission for the
233 Transportation Disadvantaged shall also assist the task force in
234 carrying out its duties and responsibilities. The purpose of the
235 task force is to examine the design and use of transportation
236 disadvantaged services, considering at least the following:
237 (a) The use of regional fare payment systems;
238 (b) The improvement of transportation disadvantaged
239 services in both urban and nonurbanized areas;
240 (c) The use of intercity and intercounty bus
241 transportation; and
242 (d) The use of private providers or transportation network
243 companies.
244 (3) The task force is composed of the following members:
245 (a) The director of the Agency for Persons with
246 Disabilities or his or her designee.
247 (b) The executive director of the Commission for the
248 Transportation Disadvantaged or his or her designee.
249 (c) The community transportation coordinators for Alachua,
250 Jackson, Miami-Dade, and Pinellas Counties.
251 (d) Two individuals who currently use transportation
252 disadvantaged services, one appointed by the agency director and
253 the other appointed by the executive director of the commission.
254 (e) A representative of the Florida Developmental
255 Disabilities Council.
256 (f) A representative of Family Care Council Florida.
257 (4) At a minimum, the task force shall consider:
258 (a) Routing improvement to minimize passenger transfers or
259 wait times;
260 (b) The ability to provide transportation disadvantaged
261 services between specific origins and destinations selected by
262 the individual user at a time that is agreed upon by the user
263 and the provider of the service; and
264 (c) The provision of transportation disadvantaged services
265 to individual users to allow them to access health care, places
266 of employment, education, and other life-sustaining activities
267 in a cost-effective and efficient manner, while reducing
268 fragmentation and duplication of services.
269 (5) The task force shall submit a report that, at a
270 minimum, includes its findings and recommendations to the
271 Governor, the President of the Senate, and the Speaker of the
272 House of Representatives by December 15, 2017, at which time the
273 task force shall terminate.
274 Section 14. In order to implement Specific Appropriations
275 532 through 542 of the 2017-2018 General Appropriations Act,
276 subsection (18) is added to section 893.055, Florida Statutes,
277 to read:
278 893.055 Prescription drug monitoring program.—
279 (18) For the 2017-2018 fiscal year only, neither the
280 Attorney General nor the department may use funds received as
281 part of a settlement agreement to administer the prescription
282 drug monitoring program. This subsection expires July 1, 2018.
283 Section 15. In order to implement Specific Appropriation
284 199 of the 2017-2018 General Appropriations Act, subsection (10)
285 of section 409.911, Florida Statutes, is amended to read:
286 409.911 Disproportionate share program.—Subject to specific
287 allocations established within the General Appropriations Act
288 and any limitations established pursuant to chapter 216, the
289 agency shall distribute, pursuant to this section, moneys to
290 hospitals providing a disproportionate share of Medicaid or
291 charity care services by making quarterly Medicaid payments as
292 required. Notwithstanding the provisions of s. 409.915, counties
293 are exempt from contributing toward the cost of this special
294 reimbursement for hospitals serving a disproportionate share of
295 low-income patients.
296 (10) Notwithstanding any provision of this section to the
297 contrary, for the 2017-2018 2016-2017 state fiscal year, the
298 agency shall distribute moneys to hospitals providing a
299 disproportionate share of Medicaid or charity care services as
300 provided in the 2017-2018 2016-2017 General Appropriations Act.
301 This subsection expires July 1, 2018 2017.
302 Section 16. In order to implement Specific Appropriation
303 199 of the 2017-2018 General Appropriations Act, subsection (3)
304 of section 409.9113, Florida Statutes, is amended to read:
305 409.9113 Disproportionate share program for teaching
306 hospitals.—In addition to the payments made under s. 409.911,
307 the agency shall make disproportionate share payments to
308 teaching hospitals, as defined in s. 408.07, for their increased
309 costs associated with medical education programs and for
310 tertiary health care services provided to the indigent. This
311 system of payments must conform to federal requirements and
312 distribute funds in each fiscal year for which an appropriation
313 is made by making quarterly Medicaid payments. Notwithstanding
314 s. 409.915, counties are exempt from contributing toward the
315 cost of this special reimbursement for hospitals serving a
316 disproportionate share of low-income patients. The agency shall
317 distribute the moneys provided in the General Appropriations Act
318 to statutorily defined teaching hospitals and family practice
319 teaching hospitals, as defined in s. 395.805, pursuant to this
320 section. The funds provided for statutorily defined teaching
321 hospitals shall be distributed as provided in the General
322 Appropriations Act. The funds provided for family practice
323 teaching hospitals shall be distributed equally among family
324 practice teaching hospitals.
325 (3) Notwithstanding any provision of this section to the
326 contrary, for the 2017-2018 2016-2017 state fiscal year, the
327 agency shall make disproportionate share payments to teaching
328 hospitals, as defined in s. 408.07, as provided in the 2017-2018
329 2016-2017 General Appropriations Act. This subsection expires
330 July 1, 2018 2017.
331 Section 17. In order to implement Specific Appropriations
332 582 through 706 and 722 through 756 of the 2017-2018 General
333 Appropriations Act, subsection (4) of section 216.262, Florida
334 Statutes, is amended to read:
335 216.262 Authorized positions.—
336 (4) Notwithstanding the provisions of this chapter relating
337 to increasing the number of authorized positions, and for the
338 2017-2018 2016-2017 fiscal year only, if the actual inmate
339 population of the Department of Corrections exceeds the inmate
340 population projections of the February 23, 2017 December 17,
341 2015, Criminal Justice Estimating Conference by 1 percent for 2
342 consecutive months or 2 percent for any month, the Executive
343 Office of the Governor, with the approval of the Legislative
344 Budget Commission, shall immediately notify the Criminal Justice
345 Estimating Conference, which shall convene as soon as possible
346 to revise the estimates. The Department of Corrections may then
347 submit a budget amendment requesting the establishment of
348 positions in excess of the number authorized by the Legislature
349 and additional appropriations from unallocated general revenue
350 sufficient to provide for essential staff, fixed capital
351 improvements, and other resources to provide classification,
352 security, food services, health services, and other variable
353 expenses within the institutions to accommodate the estimated
354 increase in the inmate population. All actions taken pursuant to
355 this subsection are subject to review and approval by the
356 Legislative Budget Commission. This subsection expires July 1,
357 2018 2017.
358 Section 18. In order to implement Specific Appropriations
359 3145 through 3212 of the 2017-2018 General Appropriations Act,
360 subsection (2) of section 215.18, Florida Statutes, is amended
361 to read:
362 215.18 Transfers between funds; limitation.—
363 (2) The Chief Justice of the Supreme Court may receive one
364 or more trust fund loans to ensure that the state court system
365 has funds sufficient to meet its appropriations in the 2017-2018
366 2016-2017 General Appropriations Act. If the Chief Justice
367 accesses the loan, he or she must notify the Governor and the
368 chairs of the legislative appropriations committees in writing.
369 The loan must come from other funds in the State Treasury which
370 are for the time being or otherwise in excess of the amounts
371 necessary to meet the just requirements of such last-mentioned
372 funds. The Governor shall order the transfer of funds within 5
373 days after the written notification from the Chief Justice. If
374 the Governor does not order the transfer, the Chief Financial
375 Officer shall transfer the requested funds. The loan of funds
376 from which any money is temporarily transferred must be repaid
377 by the end of the 2017-2018 2016-2017 fiscal year. This
378 subsection expires July 1, 2018 2017.
379 Section 19. In order to implement Specific Appropriations
380 1228 and 1234 of the 2017-2018 General Appropriations Act,
381 paragraph (d) of subsection (4) of section 932.7055, Florida
382 Statutes, is amended to read:
383 932.7055 Disposition of liens and forfeited property.—
384 (4) The proceeds from the sale of forfeited property shall
385 be disbursed in the following priority:
386 (d) Notwithstanding any other provision of this subsection,
387 and for the 2017-2018 2016-2017 fiscal year only, the funds in a
388 special law enforcement trust fund established by the governing
389 body of a municipality may be expended to reimburse the general
390 fund of the municipality for moneys advanced from the general
391 fund to the special law enforcement trust fund before October 1,
392 2001. This paragraph expires July 1, 2018 2017.
393 Section 20. In order to implement Specific Appropriation
394 727, and notwithstanding s. 216.292, Florida Statutes, the
395 Department of Corrections is authorized to submit budget
396 amendments to transfer funds from categories within the
397 department other than fixed capital outlay categories into the
398 Inmate Health Services category in order to continue the current
399 level of care in the provision of health services. Such
400 transfers are subject to the notice, review, and objection
401 procedures of s. 216.177, Florida Statutes. This section expires
402 July 1, 2018.
403 Section 21. (1) In order to implement Specific
404 Appropriations 1104 through 1116A of the 2017-2018 General
405 Appropriations Act, the Department of Juvenile Justice is
406 required to review county juvenile detention payments to ensure
407 that counties fulfill their financial responsibilities required
408 in s. 985.6865, Florida Statutes. If the Department of Juvenile
409 Justice determines that a county has not met its obligations,
410 the department shall direct the Department of Revenue to deduct
411 the amount owed to the Department of Juvenile Justice from the
412 funds provided to the county under s. 218.23, Florida Statutes.
413 The Department of Revenue shall transfer the funds withheld to
414 the Shared County/State Juvenile Detention Trust Fund.
415 (2) As an assurance to holders of bonds issued by counties
416 before July 1, 2017, for which distributions made pursuant to s.
417 218.23, Florida Statutes, are pledged, or bonds issued to refund
418 such bonds which mature no later than the bonds they refunded
419 and which result in a reduction of debt service payable in each
420 fiscal year, the amount available for distribution to a county
421 shall remain as provided by law and continue to be subject to
422 any lien or claim on behalf of the bondholders. The Department
423 of Revenue must ensure, based on information provided by an
424 affected county, that any reduction in amounts distributed
425 pursuant to subsection (1) does not reduce the amount of
426 distribution to a county below the amount necessary for the
427 timely payment of principal and interest when due on the bonds
428 and the amount necessary to comply with any covenant under the
429 bond resolution or other documents relating to the issuance of
430 the bonds. If a reduction to a county’s monthly distribution
431 must be decreased in order to comply with this subsection, the
432 Department of Revenue must notify the Department of Juvenile
433 Justice of the amount of the decrease, and the Department of
434 Juvenile Justice must send a bill for payment of such amount to
435 the affected county.
436 (3) This section expires July 1, 2018.
437 Section 22. In order to implement Specific Appropriations
438 1104 through 1116A of the 2017-2018 General Appropriations Act,
439 the Department of Juvenile Justice may not provide, make, pay,
440 or deduct, and a nonfiscally constrained county may not apply,
441 deduct, or receive any reimbursement or any credit for any
442 previous overpayment of juvenile detention care costs related to
443 or for any previous state fiscal year, against the juvenile
444 detention care costs due from the nonfiscally constrained county
445 in the 2017-2018 fiscal year pursuant to s. 985.686, Florida
446 Statutes, or any other law. This section expires July 1, 2018.
447 Section 23. In order to implement Specific Appropriation
448 782 of the 2017-2018 General Appropriations Act, subsection (13)
449 is added to section 27.5304, Florida Statutes, to read:
450 27.5304 Private court-appointed counsel; compensation;
451 notice.—
452 (13) Notwithstanding the limitation set forth in subsection
453 (5) and for the 2017-2018 fiscal year only, the compensation for
454 representation in a criminal proceeding may not exceed the
455 following:
456 (a) For misdemeanors and juveniles represented at the trial
457 level: $1,000.
458 (b) For noncapital, nonlife felonies represented at the
459 trial level: $15,000.
460 (c) For life felonies represented at the trial level:
461 $15,000.
462 (d) For capital cases represented at the trial level:
463 $25,000. For purposes of this paragraph, a “capital case” is any
464 offense for which the potential sentence is death and the state
465 has not waived seeking the death penalty.
466 (e) For representation on appeal: $9,000.
467 (f) This subsection expires July 1, 2018.
468 Section 24. In order to implement Specific Appropriation
469 774 of the 2017-2018 General Appropriations Act, and
470 notwithstanding ss. 28.35 and 40.24, Florida Statutes, the
471 Justice Administrative Commission shall provide funds to the
472 clerks of the circuit court to pay compensation to jurors, for
473 meals or lodging provided to jurors, and for jury-related
474 personnel costs as provided in this section. Each clerk of the
475 circuit court shall forward to the Justice Administrative
476 Commission a quarterly estimate of funds necessary to pay
477 compensation to jurors and for meals or lodging provided to
478 jurors. The Florida Clerks of Court Operations Corporation shall
479 forward to the Justice Administrative Commission a quarterly
480 estimate of jury-related personnel costs necessary to pay each
481 clerk of the circuit court personnel costs related to jury
482 management. Upon receipt of such estimates, the Justice
483 Administrative Commission shall endorse the amount deemed
484 necessary for payment to the clerks of the circuit court during
485 the quarter and shall submit a request for payment to the Chief
486 Financial Officer. If the Justice Administrative Commission
487 believes that the amount appropriated by the Legislature is
488 insufficient to meet such costs during the remaining part of the
489 state fiscal year, the commission may apportion the funds
490 appropriated in the General Appropriations Act for those
491 purposes among the several counties, basing the apportionment
492 upon the amount expended for such purposes in each county during
493 the prior fiscal year. In that case, the Chief Financial Officer
494 shall only issue the appropriate apportioned amount by warrant
495 to each county. The clerks of the circuit court are responsible
496 for any costs of compensation to jurors, for meals or lodging
497 provided to jurors, and for jury-related personnel costs that
498 exceed the funding provided in the General Appropriations Act
499 for these purposes. This section expires July 1, 2018.
500 Section 25. In order to implement appropriations used to
501 pay existing lease contracts for private lease space in excess
502 of 2,000 square feet in the 2017-2018 General Appropriations
503 Act, the Department of Management Services, with the cooperation
504 of the agencies having the existing lease contracts for office
505 or storage space, shall use tenant broker services to
506 renegotiate or reprocure all private lease agreements for office
507 or storage space expiring between July 1, 2018, and June 30,
508 2020, in order to reduce costs in future years. The department
509 shall incorporate this initiative into its 2017 master leasing
510 report required under s. 255.249(7), Florida Statutes, and may
511 use tenant broker services to explore the possibilities of
512 collocating office or storage space, to review the space needs
513 of each agency, and to review the length and terms of potential
514 renewals or renegotiations. The department shall provide a
515 report to the Executive Office of the Governor, the President of
516 the Senate, and the Speaker of the House of Representatives by
517 November 1, 2017, which lists each lease contract for private
518 office or storage space, the status of renegotiations, and the
519 savings achieved. This section expires July 1, 2018.
520 Section 26. In order to implement Specific Appropriations
521 2864 through 2876A of the 2017-2018 General Appropriations Act,
522 upon the expiration and reversion of the amendment to section
523 282.709, Florida Statutes, pursuant to section 72 of chapter
524 2016-62, Laws of Florida, paragraph (a) of subsection (2) of
525 section 282.709, Florida Statutes, is amended to read:
526 282.709 State agency law enforcement radio system and
527 interoperability network.—
528 (2) The Joint Task Force on State Agency Law Enforcement
529 Communications is created adjunct to the department to advise
530 the department of member-agency needs relating to the planning,
531 designing, and establishment of the statewide communication
532 system.
533 (a) The Joint Task Force on State Agency Law Enforcement
534 Communications shall consist of the following members:
535 1. A representative of the Division of Alcoholic Beverages
536 and Tobacco of the Department of Business and Professional
537 Regulation who shall be appointed by the secretary of the
538 department.
539 2. A representative of the Division of Florida Highway
540 Patrol of the Department of Highway Safety and Motor Vehicles
541 who shall be appointed by the executive director of the
542 department.
543 3. A representative of the Department of Law Enforcement
544 who shall be appointed by the executive director of the
545 department.
546 4. A representative of the Fish and Wildlife Conservation
547 Commission who shall be appointed by the executive director of
548 the commission.
549 5. A representative of the Department of Corrections who
550 shall be appointed by the secretary of the department.
551 6. A representative of the Division of Investigative and
552 Forensic Services of the Department of Financial Services who
553 shall be appointed by the Chief Financial Officer.
554 7. A representative of the Department of Transportation who
555 shall be appointed by the secretary of the department.
556 8. A representative of the Department of Agriculture and
557 Consumer Services who shall be appointed by the Commissioner of
558 Agriculture.
559 Section 27. In order to implement Specific Appropriations
560 2768 through 2780A of the 2017-2018 General Appropriations Act,
561 and notwithstanding rule 60A-1.031, Florida Administrative Code,
562 the transaction fee collected for use of the online procurement
563 system, authorized in ss. 287.042(1)(h)1. and 287.057(22)(c),
564 Florida Statutes, is seven-tenths of 1 percent for the 2017-2018
565 fiscal year only. This section expires July 1, 2018.
566 Section 28. In order to implement appropriations authorized
567 in the 2017-2018 General Appropriations Act for data center
568 services, and notwithstanding s. 216.292(2)(a), Florida
569 Statutes, an agency may not transfer funds from a data
570 processing category to a category other than another data
571 processing category. This section expires July 1, 2018.
572 Section 29. In order to implement the appropriation of
573 funds in the appropriation category “Data Processing Assessment
574 Agency for State Technology” in the 2017-2018 General
575 Appropriations Act, and pursuant to the notice, review, and
576 objection procedures of s. 216.177, Florida Statutes, the
577 Executive Office of the Governor may transfer funds appropriated
578 in that category between departments in order to align the
579 budget authority granted based on the estimated billing cycle
580 and methodology used by the Agency for State Technology for data
581 processing services provided. This section expires July 1, 2018.
582 Section 30. In order to implement the appropriation of
583 funds in the appropriation category “Special Categories-Risk
584 Management Insurance” in the 2017-2018 General Appropriations
585 Act, and pursuant to the notice, review, and objection
586 procedures of s. 216.177, Florida Statutes, the Executive Office
587 of the Governor may transfer funds appropriated in that category
588 between departments in order to align the budget authority
589 granted with the premiums paid by each department for risk
590 management insurance. This section expires July 1, 2018.
591 Section 31. In order to implement the appropriation of
592 funds in the appropriation category “Special Categories-Transfer
593 to Department of Management Services-Human Resources Services
594 Purchased per Statewide Contract” in the 2017-2018 General
595 Appropriations Act, and pursuant to the notice, review, and
596 objection procedures of s. 216.177, Florida Statutes, the
597 Executive Office of the Governor may transfer funds appropriated
598 in that category between departments in order to align the
599 budget authority granted with the assessments that must be paid
600 by each agency to the Department of Management Services for
601 human resource management services. This section expires July 1,
602 2018.
603 Section 32. In order to implement Specific Appropriation
604 2334 of the 2017-2018 General Appropriations Act:
605 (1) The Department of Financial Services shall replace the
606 four main components of the Florida Accounting Information
607 Resource Subsystem (FLAIR), which include central FLAIR,
608 departmental FLAIR, payroll, and information warehouse, and
609 shall replace the cash management and accounting management
610 components of the Cash Management Subsystem (CMS) with an
611 integrated enterprise system that allows the state to organize,
612 define, and standardize its financial management business
613 processes and that complies with ss. 215.90-215.96, Florida
614 Statutes. The department may not include in the replacement of
615 FLAIR and CMS:
616 (a) Functionality that duplicates any of the other
617 information subsystems of the Florida Financial Management
618 Information System; or
619 (b) Agency business processes related to any of the
620 functions included in the Personnel Information System, the
621 Purchasing Subsystem, or the Legislative Appropriations
622 System/Planning and Budgeting Subsystem.
623 (2) For purposes of replacing FLAIR and CMS, the Department
624 of Financial Services shall:
625 (a) Take into consideration the cost and implementation
626 data identified for Option 3 as recommended in the March 31,
627 2014, Florida Department of Financial Services FLAIR Study,
628 version 031.
629 (b) Ensure that all business requirements and technical
630 specifications have been provided to all state agencies for
631 their review and input and approved by the executive steering
632 committee established in paragraph (c).
633 (c) Implement a project governance structure that includes
634 an executive steering committee composed of:
635 1. The Chief Financial Officer or the executive sponsor of
636 the project.
637 2. A representative of the Division of Treasury of the
638 Department of Financial Services, appointed by the Chief
639 Financial Officer.
640 3. A representative of the Division of Information Systems
641 of the Department of Financial Services, appointed by the Chief
642 Financial Officer.
643 4. Four employees from the Division of Accounting and
644 Auditing of the Department of Financial Services, appointed by
645 the Chief Financial Officer. Each employee must have experience
646 relating to at least one of the four main components that
647 compose FLAIR.
648 5. Two employees from the Executive Office of the Governor,
649 appointed by the Governor. One employee must have experience
650 relating to the Legislative Appropriations System/Planning and
651 Budgeting Subsystem.
652 6. One employee from the Department of Revenue, appointed
653 by the executive director, who has experience relating to the
654 department’s SUNTAX system.
655 7. Two employees from the Department of Management
656 Services, appointed by the Secretary of Management Services. One
657 employee must have experience relating to the department’s
658 personnel information subsystem and one employee must have
659 experience relating to the department’s purchasing subsystem.
660 8. Three state agency administrative services directors,
661 appointed by the Governor. One director must represent a
662 regulatory and licensing state agency and one director must
663 represent a health care-related state agency.
664 (3) The Chief Financial Officer or the executive sponsor of
665 the project shall serve as chair of the executive steering
666 committee, and the committee shall take action by a vote of at
667 least eight affirmative votes with the Chief Financial Officer
668 or the executive sponsor of the project voting on the prevailing
669 side. A quorum of the executive steering committee consists of
670 at least 10 members.
671 (4) The executive steering committee has the overall
672 responsibility for ensuring that the project to replace FLAIR
673 and CMS meets its primary business objectives and shall:
674 (a) Identify and recommend to the Executive Office of the
675 Governor, the President of the Senate, and the Speaker of the
676 House of Representatives any statutory changes needed to
677 implement the replacement subsystem that will standardize, to
678 the fullest extent possible, the state’s financial management
679 business processes.
680 (b) Review and approve any changes to the project’s scope,
681 schedule, and budget which do not conflict with the requirements
682 of subsection (1).
683 (c) Ensure that adequate resources are provided throughout
684 all phases of the project.
685 (d) Approve all major project deliverables.
686 (e) Approve all solicitation-related documents associated
687 with the replacement of FLAIR and CMS.
688
689 This section expires July 1, 2018.
690 Section 33. In order to implement appropriations in the
691 2017-2018 General Appropriations Act for executive branch and
692 judicial branch employee travel, the executive branch state
693 agencies and the judicial branch must collaborate with the
694 Executive Office of the Governor and the Department of
695 Management Services to implement the statewide travel management
696 system funded in Specific Appropriation 2718A in the 2017-2018
697 General Appropriations Act. For the purpose of complying with s.
698 112.061, Florida Statutes, all executive branch state agencies
699 and the judicial branch must use the statewide travel management
700 system. This section expires July 1, 2018.
701 Section 34. In order to implement Specific Appropriations
702 1603B, 1603C, and 1604 of the 2017-2018 General Appropriations
703 Act, paragraph (d) of subsection (11) of section 216.181,
704 Florida Statutes, is amended to read:
705 216.181 Approved budgets for operations and fixed capital
706 outlay.—
707 (11)
708 (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
709 for the 2017-2018 2016-2017 fiscal year only, the Legislative
710 Budget Commission may increase the amounts appropriated to the
711 Fish and Wildlife Conservation Commission or the Department of
712 Environmental Protection for fixed capital outlay projects,
713 including additional fixed capital outlay projects, using funds
714 provided to the state from the Gulf Environmental Benefit Fund
715 administered by the National Fish and Wildlife Foundation; funds
716 provided to the state from the Gulf Coast Restoration Trust Fund
717 related to the Resources and Ecosystems Sustainability, Tourist
718 Opportunities, and Revived Economies of the Gulf Coast Act of
719 2012 (RESTORE Act); or funds provided by the British Petroleum
720 Corporation (BP) for natural resource damage assessment
721 restoration projects. Concurrent with submission of an amendment
722 to the Legislative Budget Commission pursuant to this paragraph,
723 any project that carries a continuing commitment for future
724 appropriations by the Legislature must be specifically
725 identified, together with the projected amount of the future
726 commitment associated with the project and the fiscal years in
727 which the commitment is expected to commence. This paragraph
728 expires July 1, 2018 2017.
729
730 The provisions of this subsection are subject to the notice and
731 objection procedures set forth in s. 216.177.
732 Section 35. In order to implement specific appropriations
733 from the land acquisition trust funds within the Department of
734 Agriculture and Consumer Services, the Department of
735 Environmental Protection, the Department of State, and the Fish
736 and Wildlife Conservation Commission, which are contained in the
737 2017-2018 General Appropriations Act, subsection (3) of section
738 215.18, Florida Statutes, is amended to read:
739 215.18 Transfers between funds; limitation.—
740 (3) Notwithstanding subsection (1) and only with respect to
741 a land acquisition trust fund in the Department of Agriculture
742 and Consumer Services, the Department of Environmental
743 Protection, the Department of State, or the Fish and Wildlife
744 Conservation Commission, whenever there is a deficiency in a
745 land acquisition trust fund which would render that trust fund
746 temporarily insufficient to meet its just requirements,
747 including the timely payment of appropriations from that trust
748 fund, and other trust funds in the State Treasury have moneys
749 that are for the time being or otherwise in excess of the
750 amounts necessary to meet the just requirements, including
751 appropriated obligations, of those other trust funds, the
752 Governor may order a temporary transfer of moneys from one or
753 more of the other trust funds to a land acquisition trust fund
754 in the Department of Agriculture and Consumer Services, the
755 Department of Environmental Protection, the Department of State,
756 or the Fish and Wildlife Conservation Commission. Any action
757 proposed pursuant to this subsection is subject to the notice,
758 review, and objection procedures of s. 216.177, and the Governor
759 shall provide notice of such action at least 7 days before the
760 effective date of the transfer of trust funds, except that
761 during July 2017 2016, notice of such action shall be provided
762 at least 3 days before the effective date of a transfer unless
763 such 3-day notice is waived by the chair and vice-chair of the
764 Legislative Budget Commission. Any transfer of trust funds to a
765 land acquisition trust fund in the Department of Agriculture and
766 Consumer Services, the Department of Environmental Protection,
767 the Department of State, or the Fish and Wildlife Conservation
768 Commission must be repaid to the trust funds from which the
769 moneys were loaned by the end of the 2017-2018 2016-2017 fiscal
770 year. The Legislature has determined that the repayment of the
771 other trust fund moneys temporarily loaned to a land acquisition
772 trust fund in the Department of Agriculture and Consumer
773 Services, the Department of Environmental Protection, the
774 Department of State, or the Fish and Wildlife Conservation
775 Commission pursuant to this subsection is an allowable use of
776 the moneys in a land acquisition trust fund because the moneys
777 from other trust funds temporarily loaned to a land acquisition
778 trust fund shall be expended solely and exclusively in
779 accordance with s. 28, Art. X of the State Constitution. This
780 subsection expires July 1, 2018 2017.
781 Section 36. (1) In order to implement specific
782 appropriations from the land acquisition trust funds within the
783 Department of Agriculture and Consumer Services, the Department
784 of Environmental Protection, the Department of State, and the
785 Fish and Wildlife Conservation Commission, which are contained
786 in the 2017-2018 General Appropriations Act, the Department of
787 Environmental Protection shall transfer revenues from the Land
788 Acquisition Trust Fund within the department to the land
789 acquisition trust funds within the Department of Agriculture and
790 Consumer Services, the Department of State, and the Fish and
791 Wildlife Conservation Commission, as provided in this section.
792 As used in this section, the term “department” means the
793 Department of Environmental Protection.
794 (2) After subtracting any required debt service payments,
795 the proportionate share of revenues to be transferred to each
796 land acquisition trust fund shall be calculated by dividing the
797 appropriations from each of the land acquisition trust funds for
798 the fiscal year by the total appropriations from the Land
799 Acquisition Trust Fund within the department and the land
800 acquisition trust funds within the Department of Agriculture and
801 Consumer Services, the Department of State, and the Fish and
802 Wildlife Commission for the fiscal year. The department shall
803 transfer the proportionate share of the revenues in the Land
804 Acquisition Trust Fund within the department on a monthly basis
805 to the appropriate land acquisition trust funds within the
806 Department of Agriculture and Consumer Services, the Department
807 of State, and the Fish and Wildlife Commission and shall retain
808 its proportionate share of the revenues in the Land Acquisition
809 Trust Fund within the department. Total distributions to a land
810 acquisition trust fund within the Department of Agriculture and
811 Consumer Services, the Department of State, and the Fish and
812 Wildlife Commission may not exceed the total appropriations from
813 such trust fund for the fiscal year.
814 (3) In addition, the department shall transfer from the
815 Land Acquisition Trust Fund to land acquisition trust funds
816 within the Department of Agriculture and Consumer Services, the
817 Department of State, and the Fish and Wildlife Conservation
818 Commission amounts equal to the difference between the amounts
819 appropriated in chapter 2016-66, Laws of Florida, to the
820 department’s Land Acquisition Trust Fund and the other land
821 acquisition trust funds, and the amounts actually transferred
822 between those trust funds during the 2016-2017 fiscal year.
823 (4) The department may advance funds from the beginning
824 unobligated fund balance in the Land Acquisition Trust Fund to
825 the Land Acquisition Trust Fund within the Fish and Wildlife
826 Conservation Commission needed for cash flow purposes based on a
827 detailed expenditure plan. The department shall prorate amounts
828 transferred quarterly to the Fish and Wildlife Conservation
829 Commission to recoup the amount of funds advanced by June 30,
830 2018.
831 (5) This section expires July 1, 2018.
832 Section 37. In order to implement Specific Appropriation
833 1603 of the 2017-2018 General Appropriations Act, paragraph (b)
834 of subsection (3) of section 375.041, Florida Statutes, is
835 amended to read:
836 375.041 Land Acquisition Trust Fund.—
837 (3) Funds distributed into the Land Acquisition Trust Fund
838 pursuant to s. 201.15 shall be applied:
839 (b) Of the funds remaining after the payments required
840 under paragraph (a), but before funds may be appropriated,
841 pledged, or dedicated for other uses:
842 1. A minimum of the lesser of 25 percent or $200 million
843 shall be appropriated annually for Everglades projects that
844 implement the Comprehensive Everglades Restoration Plan as set
845 forth in s. 373.470, including the Central Everglades Planning
846 Project subject to Congressional authorization; the Long-Term
847 Plan as defined in s. 373.4592(2); and the Northern Everglades
848 and Estuaries Protection Program as set forth in s. 373.4595.
849 From these funds, $32 million shall be distributed each fiscal
850 year through the 2023-2024 fiscal year to the South Florida
851 Water Management District for the Long-Term Plan as defined in
852 s. 373.4592(2). After deducting the $32 million distributed
853 under this subparagraph, from the funds remaining, a minimum of
854 the lesser of 76.5 percent or $100 million shall be appropriated
855 each fiscal year through the 2025-2026 fiscal year for the
856 planning, design, engineering, and construction of the
857 Comprehensive Everglades Restoration Plan as set forth in s.
858 373.470, including the Central Everglades Planning Project
859 subject to Congressional authorization. The Department of
860 Environmental Protection and the South Florida Water Management
861 District shall give preference to those Everglades restoration
862 projects that reduce harmful discharges of water from Lake
863 Okeechobee to the St. Lucie or Caloosahatchee estuaries in a
864 timely manner. For the purpose of performing the calculation
865 provided in this subparagraph, the amount of debt service paid
866 pursuant to paragraph (a) for bonds issued after July 1, 2016,
867 for the purposes set forth under paragraph (b) shall be added to
868 the amount remaining after the payments required under paragraph
869 (a). The amount of the distribution calculated shall then be
870 reduced by an amount equal to the debt service paid pursuant to
871 paragraph (a) on bonds issued after July 1, 2016, for the
872 purposes set forth under this subparagraph.
873 2. A minimum of the lesser of 7.6 percent or $50 million
874 shall be appropriated annually for spring restoration,
875 protection, and management projects. For the purpose of
876 performing the calculation provided in this subparagraph, the
877 amount of debt service paid pursuant to paragraph (a) for bonds
878 issued after July 1, 2016, for the purposes set forth under
879 paragraph (b) shall be added to the amount remaining after the
880 payments required under paragraph (a). The amount of the
881 distribution calculated shall then be reduced by an amount equal
882 to the debt service paid pursuant to paragraph (a) on bonds
883 issued after July 1, 2016, for the purposes set forth under this
884 subparagraph.
885 3. The sum of $5 million shall be appropriated annually
886 each fiscal year through the 2025-2026 fiscal year to the St.
887 Johns River Water Management District for projects dedicated to
888 the restoration of Lake Apopka. This distribution shall be
889 reduced by an amount equal to the debt service paid pursuant to
890 paragraph (a) on bonds issued after July 1, 2016, for the
891 purposes set forth in this subparagraph.
892 4. Notwithstanding subparagraph 3., for the 2017-2018
893 fiscal year, funds shall be appropriated as provided in the
894 General Appropriations Act. This subparagraph expires July 1,
895 2018.
896 Section 38. In order to implement Specific Appropriation
897 1594 of the 2017-2018 General Appropriations Act, paragraph (a)
898 of subsection (6) of section 373.470, Florida Statutes, is
899 amended to read:
900 373.470 Everglades restoration.—
901 (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.—
902 (a) Except as provided in paragraphs (d) and (e) and for
903 funds appropriated for debt service, the department shall
904 distribute funds in the Save Our Everglades Trust Fund to the
905 district in accordance with a legislative appropriation and s.
906 373.026(8)(b). Distribution of funds to the district from the
907 Save Our Everglades Trust Fund or the Land Acquisition Trust
908 Fund shall be equally matched by the cumulative contributions
909 from the district by fiscal year 2019-2020 by providing funding
910 or credits toward project components. The dollar value of in
911 kind project design and construction work by the district in
912 furtherance of the comprehensive plan and existing interest in
913 public lands needed for a project component are credits towards
914 the district’s contributions.
915 Section 39. The amendment made by this act to s.
916 373.470(6)(a), Florida Statutes, expires July 1, 2018, and the
917 text of that paragraph shall revert to that in existence on June
918 30, 2017, except that any amendments to such text enacted other
919 than by this act shall be preserved and continue to operate to
920 the extent that such amendments are not dependent upon the
921 portions of text which expire pursuant to this section.
922 Section 40. In order to implement Specific Appropriation
923 1731 of the 2017-2018 General Appropriations Act, paragraph (e)
924 is added to subsection (11) of section 216.181, Florida
925 Statutes, to read:
926 216.181 Approved budgets for operations and fixed capital
927 outlay.—
928 (11)
929 (e) Notwithstanding paragraph (b) and paragraph (2)(b), and
930 for the 2017-2018 fiscal year only, the Legislative Budget
931 Commission may increase the amounts appropriated to the
932 Department of Environmental Protection for fixed capital outlay
933 projects using funds provided to the state from the
934 environmental mitigation trust administered by a trustee
935 designated by the United States District Court for the Northern
936 District of California for eligible mitigation actions and
937 mitigation action expenditures described in the partial consent
938 decree entered into between the United States of America and
939 Volkswagen relating to violations of the Clean Air Act.
940 Concurrent with submission of an amendment to the Legislative
941 Budget Commission pursuant to this paragraph, any project that
942 carries a continuing commitment for future appropriations by the
943 Legislature must be specifically identified, together with the
944 projected amount of the future commitment associated with the
945 project and the fiscal years in which the commitment is expected
946 to commence. This paragraph expires July 1, 2018.
947
948 The provisions of this subsection are subject to the notice and
949 objection procedures set forth in s. 216.177.
950 Section 41. In order to implement Specific Appropriations
951 1869 through 1882, 1888 through 1891, 1905 through 1914, 1916
952 through 1925, and 1964 through 1976 of the 2017-2018 General
953 Appropriations Act, paragraph (e) of subsection (7) of section
954 339.135, Florida Statutes, is amended to read:
955 339.135 Work program; legislative budget request;
956 definitions; preparation, adoption, execution, and amendment.—
957 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
958 (e) Notwithstanding paragraphs (d), and (g), and (h) and
959 ss. 216.177(2) and 216.351, the secretary may request the
960 Executive Office of the Governor to amend the adopted work
961 program when an emergency exists, as defined in s. 252.34, and
962 the emergency relates to the repair or rehabilitation of any
963 state transportation facility. The Executive Office of the
964 Governor may approve the amendment to the adopted work program
965 and amend that portion of the department’s approved budget if a
966 delay incident to the notification requirements in paragraph (d)
967 would be detrimental to the interests of the state. However, the
968 department shall immediately notify the parties specified in
969 paragraph (d) and provide such parties written justification for
970 the emergency action within 7 days after approval by the
971 Executive Office of the Governor of the amendment to the adopted
972 work program and the department’s budget. The adopted work
973 program may not be amended under this subsection without
974 certification by the comptroller of the department that there
975 are sufficient funds available pursuant to the 36-month cash
976 forecast and applicable statutes.
977 Section 42. The amendment made by this act to s.
978 339.135(7), Florida Statutes, expires July 1, 2018, and the text
979 of that section shall revert to that in existence on June 30,
980 2017, except that any amendments to such text enacted other than
981 by this act shall be preserved and continue to operate to the
982 extent that such amendments are not dependent upon the portions
983 of text which expire pursuant to this section.
984 Section 43. In order to implement Specific Appropriation
985 2661 of the 2017-2018 General Appropriations Act, the Department
986 of Highway Safety and Motor Vehicles shall contract with the
987 corporation organized pursuant to part II of chapter 946,
988 Florida Statutes, to manufacture the current or newly redesigned
989 license plates, with such contract being in the same manner and
990 for the same price as that paid by the department during the
991 2016-2017 fiscal year. This section expires July 1, 2018.
992 Section 44. In order to implement Specific Appropriations
993 2612 and 2616 of the 2017-2018 General Appropriations Act:
994 (1) There is created a law enforcement workgroup assigned
995 to the Department of Highway Safety and Motor Vehicles.
996 (2) The workgroup shall convene no later than September 1,
997 2017, and shall be composed of the following members:
998 (a) A representative of the University of South Florida’s
999 Center for Urban Transportation Research, who shall serve as the
1000 chair of the workgroup.
1001 (b) Three representatives of the Florida Sheriffs
1002 Association, appointed by the association’s executive director.
1003 (c) Three representatives of the Florida Highway Patrol
1004 (FHP), appointed by the Director Colonel of the FHP.
1005 (d) Three representatives of the Florida Police Chiefs
1006 Association, appointed by the president of the association’s
1007 executive board.
1008 (e) The executive director of the Florida Association of
1009 Counties, or his or her designee.
1010 (f) The director of the Division of Emergency Management,
1011 or his or her designee.
1012 (g) The president of the Florida Police Benevolent
1013 Association, or his or her designee.
1014 (h) A representative of the Office of the Attorney General,
1015 appointed by the Attorney General.
1016 (3) Members of the workgroup shall serve without
1017 compensation but are entitled to reimbursement for per diem and
1018 travel expenses in accordance with s. 112.061, Florida Statutes.
1019 Per diem and travel expenses incurred by a member of the
1020 workgroup shall be paid from funds budgeted to the state agency
1021 or entity that the member represents.
1022 (4) The workgroup shall review the FHP’s response to calls
1023 for service, including current resource allocation. The
1024 workgroup shall also compare FHP resources to those of local law
1025 enforcement entities and other state highway patrol agencies to
1026 determine whether additional resources are necessary to improve
1027 the response time to calls for service and to perform other
1028 duties outlined in chapter 321, Florida Statutes. In addition,
1029 the workgroup shall identify potential partnerships with local
1030 law enforcement entities and consider optional funding sources
1031 for those agencies to address needs associated with traffic
1032 crash investigations.
1033 (5) The Department of Highway Safety and Motor Vehicles
1034 shall provide administrative support to the workgroup and shall
1035 contract with the University of South Florida’s Center for Urban
1036 Transportation Research to perform the duties of the independent
1037 third-party chair.
1038 (6) The chair of the workgroup shall provide the
1039 workgroup’s consensus recommendations in a report to the
1040 Governor, the President of the Senate, and the Speaker of the
1041 House of Representatives by January 1, 2018, at which time the
1042 workgroup shall terminate.
1043 Section 45. In order to implement Specific Appropriation
1044 1869 of the 2017-2018 General Appropriations Act, section
1045 316.0898, Florida Statutes, is created to read:
1046 316.0898 Florida Smart City Challenge grant program.—
1047 (1) The Department of Transportation, in consultation with
1048 the Department of Highway Safety and Motor Vehicles, shall
1049 develop the Florida Smart City Challenge grant program and shall
1050 establish grant award requirements for applicants for the
1051 purpose of receiving awards. For purposes of this section, an
1052 “applicant” includes municipalities; regions of the state;
1053 entities created under chapters 343 and 348, including any
1054 authority created using part I of chapter 348; and any authority
1055 created under chapter 349. Grant applicants must demonstrate and
1056 document the adoption of emerging technologies and their impact
1057 on the transportation system and must address at least the
1058 following focus areas:
1059 (a) Autonomous vehicles.
1060 (b) Connected vehicles.
1061 (c) Sensor-based infrastructure.
1062 (d) Collecting and using data.
1063 (e) Electric vehicles, including charging stations.
1064 (f) Developing strategic models and partnerships.
1065 (2) The goals of the grant program include, but are not
1066 limited to:
1067 (a) Identifying transportation challenges and identifying
1068 how emerging technologies can address those challenges.
1069 (b) Determining the emerging technologies and strategies
1070 that have the potential to provide the most significant impacts.
1071 (c) Encouraging applicants to take significant steps to
1072 integrate emerging technologies into their day-to-day
1073 operations.
1074 (d) Identifying the barriers to implementing the grant
1075 program and communicating those barriers to the Legislature and
1076 appropriate agencies and organizations.
1077 (e) Leveraging the initial grant to attract additional
1078 public and private investments.
1079 (f) Increasing the state’s competitiveness in the pursuit
1080 of grants from the United States Department of Transportation,
1081 the United States Department of Energy, and other federal
1082 agencies.
1083 (g) Committing to the continued operation of programs
1084 implemented in connection with the grant.
1085 (h) Serving as a nationwide model for Smart City programs.
1086 (i) Documenting the costs and impacts of the grant program
1087 and lessons learned during implementation.
1088 (j) Identifying solutions that will demonstrate local or
1089 regional economic impact.
1090 (3) The Department of Transportation shall develop
1091 eligibility, application, and selection criteria for the program
1092 grants and a plan for the promotion of the grant program to
1093 applicants in this state as an opportunity to compete for grant
1094 funding, including the award of grants to a single recipient and
1095 secondary grants to specific projects of merit within other
1096 applications. The Department of Transportation may contract with
1097 a third party that demonstrates knowledge and expertise in the
1098 focuses and goals of this section to provide guidance in the
1099 development of the requirements of this section.
1100 (4) On or before January 1, 2018, the Department of
1101 Transportation shall submit the grant program guidelines and
1102 plans for promotion of the grant program to the Governor, the
1103 President of the Senate, and the Speaker of the House of
1104 Representatives.
1105 (5) This section expires July 1, 2018.
1106 Section 46. In order to implement Specific Appropriation
1107 2225 of the 2017-2018 General Appropriations Act:
1108 (1) There is created a workgroup on affordable housing. The
1109 workgroup is assigned to the Florida Housing Finance Corporation
1110 for administrative purposes only.
1111 (2) The workgroup shall convene no later than September 1,
1112 2017, and shall be composed of the following members:
1113 (a) The executive director of the Florida Housing Finance
1114 Corporation, who shall serve as chair of the workgroup.
1115 (b) The executive director of the Department of Economic
1116 Opportunity or his or her designee.
1117 (c) Five members appointed by the Governor. Of the five
1118 members, one must be an advocate for the homeless, one must be
1119 an advocate of the needs of individuals with disabling
1120 conditions and persons with special needs as defined in s.
1121 420.0004, Florida Statutes, one must represent the building or
1122 development community, and one must be a realtor licensed in
1123 this state.
1124 (d) Two members appointed by the President of the Senate.
1125 (e) Two members appointed by the Speaker of the House of
1126 Representatives.
1127 (f) The executive director of the Florida Association of
1128 Counties or his or her designee.
1129 (g) The executive director of the Florida League of Cities
1130 or his or her designee.
1131 (h) The chair of the Florida Building Commission, or his or
1132 her designee, who shall serve as an ex officio, nonvoting
1133 advisory member of the workgroup.
1134 (3)(a) The Florida Housing Finance Corporation shall
1135 provide administrative and staff support services to the
1136 workgroup which relate to its functions.
1137 (b) Members of the workgroup shall serve without
1138 compensation but are entitled to reimbursement for per diem and
1139 travel expenses in accordance with s. 112.061, Florida Statutes.
1140 Per diem and travel expenses incurred by a member of the
1141 workgroup shall be paid from funds budgeted to the state agency
1142 or entity that the member represents.
1143 (4)(a) The workgroup shall develop recommendations for
1144 addressing the state’s affordable housing needs. The
1145 recommendations shall be presented to and approved by the board
1146 of directors of the Florida Housing Finance Corporation. The
1147 recommendations shall include, but need not be limited to:
1148 1. A review of market rate developments.
1149 2. A review of affordable housing developments.
1150 3. A review of land use for affordable housing
1151 developments.
1152 4. A review of building codes for affordable housing
1153 developments.
1154 5. A review of the state’s implementation of the low-income
1155 housing tax credit.
1156 6. A review of private and public sector development and
1157 construction industries.
1158 7. A review of the rental market for assisted rental
1159 housing.
1160 8. The development of strategies and pathways for low
1161 income housing.
1162 (b) The workgroup shall submit a report including its
1163 recommendations to the Governor, the President of the Senate,
1164 and the Speaker of the House of Representatives by January 1,
1165 2018, at which time the workgroup shall terminate.
1166
1167 This section expires July 1, 2018.
1168 Section 47. In order to implement Specific Appropriation
1169 1868 of the 2017-2018 General Appropriations Act, subsection
1170 (30) of section 427.013, Florida Statutes, is amended to read:
1171 427.013 The Commission for the Transportation
1172 Disadvantaged; purpose and responsibilities.—The purpose of the
1173 commission is to accomplish the coordination of transportation
1174 services provided to the transportation disadvantaged. The goal
1175 of this coordination is to assure the cost-effective provision
1176 of transportation by qualified community transportation
1177 coordinators or transportation operators for the transportation
1178 disadvantaged without any bias or presumption in favor of
1179 multioperator systems or not-for-profit transportation operators
1180 over single operator systems or for-profit transportation
1181 operators. In carrying out this purpose, the commission shall:
1182 (30) For the 2017-2018 2016-2017 fiscal year and
1183 notwithstanding any other provision of this section:
1184 (a) Allocate, from funds provided in the General
1185 Appropriations Act, to community transportation coordinators who
1186 do not receive Urbanized Area Formula funds pursuant to 49
1187 U.S.C. s. 5307 to provide transportation services for persons
1188 with disabilities, older adults, and low-income persons so they
1189 may access health care, employment, education, and other life
1190 sustaining activities. Funds allocated for this purpose shall be
1191 distributed among community transportation coordinators based
1192 upon the Transportation Disadvantaged Trip and Equipment
1193 allocation methodology established by the commission.
1194 (b) Award, from funds provided in the General
1195 Appropriations Act, competitive grants to community
1196 transportation coordinators to support transportation projects
1197 to:
1198 1. Enhance access to health care, shopping, education,
1199 employment, public services, and recreation;
1200 2. Assist in the development, improvement, and use of
1201 transportation systems in nonurbanized areas;
1202 3. Promote the efficient coordination of services;
1203 4. Support inner-city bus transportation; and
1204 5. Encourage private transportation providers to
1205 participate.
1206 (c) This subsection expires July 1, 2018 2017.
1207 Section 48. In order to implement Specific Appropriation
1208 2610 of the 2017-2018 General Appropriations Act, upon the
1209 expiration and reversion of the amendment to section 321.04,
1210 Florida Statutes, pursuant to section 110 of chapter 2016-62,
1211 Laws of Florida, subsection (3) of section 321.04, Florida
1212 Statutes, is amended, and subsection (4) is added to that
1213 section, to read:
1214 321.04 Personnel of the highway patrol; rank
1215 classifications; probationary status of new patrol officers;
1216 subsistence; special assignments.—
1217 (3)(a) The Department of Highway Safety and Motor Vehicles
1218 shall assign one patrol officer to the office of the Governor;
1219 said patrol officer so assigned shall be selected by the
1220 Governor and shall have rank and pay not less than that of a
1221 lieutenant of the Florida Highway Patrol, and said patrol
1222 officer so assigned shall be paid by said department from the
1223 appropriation made to said department; said patrol officer shall
1224 have and receive all other benefits provided for in this chapter
1225 or any other statute now in existence or hereinafter enacted.
1226 (b) For the 2017-2018 fiscal year only, the patrol officer
1227 shall be assigned to the Lieutenant Governor. This paragraph
1228 expires July 1, 2018.
1229 (4) For the 2017-2018 fiscal year only, the assignment of a
1230 patrol officer by the department shall include a Cabinet member
1231 specified in s. 4, Art. IV of the State Constitution if deemed
1232 appropriate by the department or in response to a threat and
1233 upon written request of such Cabinet member. This subsection
1234 expires July 1, 2018.
1235 Section 49. In order to implement Specific Appropriation
1236 1875 of the 2017-2018 General Appropriations Act, paragraph (d)
1237 is added to subsection (3) of section 311.07, Florida Statutes,
1238 to read:
1239 311.07 Florida seaport transportation and economic
1240 development funding.—
1241 (3)
1242 (d) Notwithstanding paragraphs (a), (b), and (c), and for
1243 the 2017-2018 fiscal year only, projects that are funded through
1244 a specific appropriation in the 2017-2018 General Appropriations
1245 Act are not required to match state funds in accordance with
1246 paragraph (a) or to meet project eligibility requirements
1247 specified in paragraph (b) or paragraph (c). This paragraph
1248 expires July 1, 2018.
1249 Section 50. In order to implement Specific Appropriations
1250 1869 through 1882, 1888 through 1891, 1905 through 1914, 1916
1251 through 1925, and 1964 through 1976 of the 2017-2018 General
1252 Appropriations Act, paragraphs (d), (e), and (f) are added to
1253 subsection (5) of section 339.135, Florida Statutes, to read:
1254 339.135 Work program; legislative budget request;
1255 definitions; preparation, adoption, execution, and amendment.—
1256 (5) ADOPTION OF THE WORK PROGRAM.—
1257 (d) It is the intent of the Legislature that the department
1258 maintain fiscal solvency and make prudent use of all available
1259 fiscal resources to minimize any project, or a phase thereof,
1260 from being deferred within the work program. It is further the
1261 intent of the Legislature that the department, to the maximum
1262 extent feasible, reduce financial projects not programmed for
1263 contract letting as identified with a work program contract
1264 class code 8 and the box code RV to add projects to the 2017
1265 2018 work program which are identified by a specific
1266 appropriation in the 2017-2018 General Appropriations Act. This
1267 paragraph expires July 1, 2018.
1268 (e) For the 2017-2018 fiscal year only, the department is
1269 authorized to realign budget authority among appropriation
1270 categories to support the implementation of the 2017-2018
1271 General Appropriations Act. The notice, review, and objection
1272 procedures under s. 216.177 apply only when projects, or a phase
1273 thereof, are not deferred or deleted from the work program. The
1274 request to realign budget authority among work program
1275 categories must be supported by documented production and
1276 financial goals within the parameters of finance, available
1277 cash, and total authorized budget. This paragraph expires July
1278 1, 2018.
1279 (f) For the 2017-2018 fiscal year only, if the department
1280 submits a work program amendment to realign work program
1281 categories to the 2017-2018 General Appropriations Act that
1282 defers or deletes any project, or a phase thereof, the work
1283 program amendment is subject to approval by the Legislative
1284 Budget Commission. The department shall provide to the
1285 Legislative Budget Commission the documents specified in
1286 subparagraphs 1.–8. when submitting the department’s work
1287 program amendment to request approval to realign the work
1288 program appropriation categories to the 2017-2018 General
1289 Appropriations Act. In addition, any work program amendment
1290 submitted to the Legislative Budget Commission which results in
1291 a reduced project commitment level for the 2017-2018 fiscal year
1292 must include the following documents:
1293 1. A proposed finance plan, as balanced to the requested
1294 work program amendment to realign the work program categories to
1295 the 2017-2018 General Appropriations Act, or any other
1296 amendments that reduce work program commitments;
1297 2. A proposed cash forecast, as balanced to the requested
1298 work program amendment to realign the work program categories to
1299 the 2017-2018 General Appropriations Act, or any other
1300 amendments that reduce work program commitments;
1301 3. An adopted finance plan, as of July 1, 2017;
1302 4. An adopted cash forecast, as of July 1, 2017;
1303 5. A complete list of projects, or phases thereof, deferred
1304 or deleted from the impact of the projects identified by a
1305 specific appropriation in the 2017-2018 General Appropriations
1306 Act for the 2017-2018 through 2021-2022 work program;
1307 6. The department’s methodology for identifying projects,
1308 or phases thereof, for deferral or deletion for the 2017-2018
1309 through 2021-2022 work program;
1310 7. A letter of concurrence or nonconcurrence from the
1311 affected metropolitan planning organization or, for
1312 nonmetropolitan areas, the board of county commissioners with
1313 impacted project selections; and
1314 8. A complete list of financial projects not programmed for
1315 contract letting as identified with a work program contract
1316 class code 8 and the box code RV included in fiscal years 2017
1317 2018 through 2021-2022, as of July 1, 2017.
1318
1319 This paragraph expires July 1, 2018.
1320 Section 51. In order to implement the salaries and
1321 benefits, expenses, other personal services, contracted
1322 services, special categories, and operating capital outlay
1323 categories of the 2017-2018 General Appropriations Act, upon the
1324 expiration and reversion of the amendment to section 216.292,
1325 Florida Statutes, pursuant to section 112 of chapter 2016-62,
1326 Laws of Florida, paragraph (a) of subsection (2) of section
1327 216.292, Florida Statutes, is amended to read:
1328 216.292 Appropriations nontransferable; exceptions.—
1329 (2) The following transfers are authorized to be made by
1330 the head of each department or the Chief Justice of the Supreme
1331 Court whenever it is deemed necessary by reason of changed
1332 conditions:
1333 (a) The transfer of appropriations funded from identical
1334 funding sources, except appropriations for fixed capital outlay,
1335 and the transfer of amounts included within the total original
1336 approved budget and plans of releases of appropriations as
1337 furnished pursuant to ss. 216.181 and 216.192, as follows:
1338 1. Between categories of appropriations within a budget
1339 entity, if no category of appropriation is increased or
1340 decreased by more than 5 percent of the original approved budget
1341 or $250,000, whichever is greater, by all action taken under
1342 this subsection.
1343 2. Between budget entities within identical categories of
1344 appropriations, if no category of appropriation is increased or
1345 decreased by more than 5 percent of the original approved budget
1346 or $250,000, whichever is greater, by all action taken under
1347 this subsection.
1348 3. Any agency exceeding salary rate established pursuant to
1349 s. 216.181(8) on June 30th of any fiscal year shall not be
1350 authorized to make transfers pursuant to subparagraphs 1. and 2.
1351 in the subsequent fiscal year.
1352 4. Notice of proposed transfers under subparagraphs 1. and
1353 2. shall be provided to the Executive Office of the Governor and
1354 the chairs of the legislative appropriations committees at least
1355 3 days prior to agency implementation in order to provide an
1356 opportunity for review. The review shall be limited to ensuring
1357 that the transfer is in compliance with the requirements of this
1358 paragraph.
1359 5. For the 2017-2018 fiscal year, the review shall ensure
1360 that transfers proposed pursuant to this paragraph comply with
1361 this chapter and are not contrary to legislative policy and
1362 intent. This subparagraph expires July 1, 2018.
1363 Section 52. In order to implement the appropriation of
1364 funds in the special categories, contracted services, and
1365 expenses categories of the 2017-2018 General Appropriations Act,
1366 a state agency may not initiate a competitive solicitation for a
1367 product or service if the completion of such competitive
1368 solicitation would:
1369 (1) Require a change in law; or
1370 (2) Require a change to the agency’s budget other than a
1371 transfer authorized in s. 216.292(2) or (3), Florida Statutes,
1372 unless the initiation of such competitive solicitation is
1373 specifically authorized in law, in the General Appropriations
1374 Act, or by the Legislative Budget Commission.
1375
1376 This section does not apply to a competitive solicitation for
1377 which the agency head certifies that a valid emergency exists.
1378 This section expires July 1, 2018.
1379 Section 53. In order to implement appropriations for
1380 salaries and benefits in the 2017-2018 General Appropriations
1381 Act, subsection (6) of section 112.24, Florida Statutes, is
1382 amended to read:
1383 112.24 Intergovernmental interchange of public employees.
1384 To encourage economical and effective utilization of public
1385 employees in this state, the temporary assignment of employees
1386 among agencies of government, both state and local, and
1387 including school districts and public institutions of higher
1388 education is authorized under terms and conditions set forth in
1389 this section. State agencies, municipalities, and political
1390 subdivisions are authorized to enter into employee interchange
1391 agreements with other state agencies, the Federal Government,
1392 another state, a municipality, or a political subdivision
1393 including a school district, or with a public institution of
1394 higher education. State agencies are also authorized to enter
1395 into employee interchange agreements with private institutions
1396 of higher education and other nonprofit organizations under the
1397 terms and conditions provided in this section. In addition, the
1398 Governor or the Governor and Cabinet may enter into employee
1399 interchange agreements with a state agency, the Federal
1400 Government, another state, a municipality, or a political
1401 subdivision including a school district, or with a public
1402 institution of higher learning to fill, subject to the
1403 requirements of chapter 20, appointive offices which are within
1404 the executive branch of government and which are filled by
1405 appointment by the Governor or the Governor and Cabinet. Under
1406 no circumstances shall employee interchange agreements be
1407 utilized for the purpose of assigning individuals to participate
1408 in political campaigns. Duties and responsibilities of
1409 interchange employees shall be limited to the mission and goals
1410 of the agencies of government.
1411 (6) For the 2017-2018 2016-2017 fiscal year only, the
1412 assignment of an employee of a state agency as provided in this
1413 section may be made if recommended by the Governor or Chief
1414 Justice, as appropriate, and approved by the chairs of the
1415 legislative appropriations committees. Such actions shall be
1416 deemed approved if neither chair provides written notice of
1417 objection within 14 days after receiving notice of the action
1418 pursuant to s. 216.177. This subsection expires July 1, 2018
1419 2017.
1420 Section 54. In order to implement Specific Appropriations
1421 2681 and 2682 of the 2017-2018 General Appropriations Act, and
1422 notwithstanding s. 11.13(1), Florida Statutes, the authorized
1423 salaries for members of the Legislature for the 2017-2018 fiscal
1424 year shall be set at the same level in effect on July 1, 2010.
1425 This section expires July 1, 2018.
1426 Section 55. In order to implement the transfer of funds to
1427 the General Revenue Fund from trust funds for the 2017-2018
1428 General Appropriations Act, and notwithstanding the expiration
1429 date contained in section 117 of chapter 2016-62, Laws of
1430 Florida, paragraph (b) of subsection (2) of section 215.32,
1431 Florida Statutes, is reenacted to read:
1432 215.32 State funds; segregation.—
1433 (2) The source and use of each of these funds shall be as
1434 follows:
1435 (b)1. The trust funds shall consist of moneys received by
1436 the state which under law or under trust agreement are
1437 segregated for a purpose authorized by law. The state agency or
1438 branch of state government receiving or collecting such moneys
1439 is responsible for their proper expenditure as provided by law.
1440 Upon the request of the state agency or branch of state
1441 government responsible for the administration of the trust fund,
1442 the Chief Financial Officer may establish accounts within the
1443 trust fund at a level considered necessary for proper
1444 accountability. Once an account is established, the Chief
1445 Financial Officer may authorize payment from that account only
1446 upon determining that there is sufficient cash and releases at
1447 the level of the account.
1448 2. In addition to other trust funds created by law, to the
1449 extent possible, each agency shall use the following trust funds
1450 as described in this subparagraph for day-to-day operations:
1451 a. Operations or operating trust fund, for use as a
1452 depository for funds to be used for program operations funded by
1453 program revenues, with the exception of administrative
1454 activities when the operations or operating trust fund is a
1455 proprietary fund.
1456 b. Operations and maintenance trust fund, for use as a
1457 depository for client services funded by third-party payors.
1458 c. Administrative trust fund, for use as a depository for
1459 funds to be used for management activities that are departmental
1460 in nature and funded by indirect cost earnings and assessments
1461 against trust funds. Proprietary funds are excluded from the
1462 requirement of using an administrative trust fund.
1463 d. Grants and donations trust fund, for use as a depository
1464 for funds to be used for allowable grant or donor agreement
1465 activities funded by restricted contractual revenue from private
1466 and public nonfederal sources.
1467 e. Agency working capital trust fund, for use as a
1468 depository for funds to be used pursuant to s. 216.272.
1469 f. Clearing funds trust fund, for use as a depository for
1470 funds to account for collections pending distribution to lawful
1471 recipients.
1472 g. Federal grant trust fund, for use as a depository for
1473 funds to be used for allowable grant activities funded by
1474 restricted program revenues from federal sources.
1475
1476 To the extent possible, each agency must adjust its internal
1477 accounting to use existing trust funds consistent with the
1478 requirements of this subparagraph. If an agency does not have
1479 trust funds listed in this subparagraph and cannot make such
1480 adjustment, the agency must recommend the creation of the
1481 necessary trust funds to the Legislature no later than the next
1482 scheduled review of the agency’s trust funds pursuant to s.
1483 215.3206.
1484 3. All such moneys are hereby appropriated to be expended
1485 in accordance with the law or trust agreement under which they
1486 were received, subject always to the provisions of chapter 216
1487 relating to the appropriation of funds and to the applicable
1488 laws relating to the deposit or expenditure of moneys in the
1489 State Treasury.
1490 4.a. Notwithstanding any provision of law restricting the
1491 use of trust funds to specific purposes, unappropriated cash
1492 balances from selected trust funds may be authorized by the
1493 Legislature for transfer to the Budget Stabilization Fund and
1494 General Revenue Fund in the General Appropriations Act.
1495 b. This subparagraph does not apply to trust funds required
1496 by federal programs or mandates; trust funds established for
1497 bond covenants, indentures, or resolutions whose revenues are
1498 legally pledged by the state or public body to meet debt service
1499 or other financial requirements of any debt obligations of the
1500 state or any public body; the Division of Licensing Trust Fund
1501 in the Department of Agriculture and Consumer Services; the
1502 State Transportation Trust Fund; the trust fund containing the
1503 net annual proceeds from the Florida Education Lotteries; the
1504 Florida Retirement System Trust Fund; trust funds under the
1505 management of the State Board of Education or the Board of
1506 Governors of the State University System, where such trust funds
1507 are for auxiliary enterprises, self-insurance, and contracts,
1508 grants, and donations, as those terms are defined by general
1509 law; trust funds that serve as clearing funds or accounts for
1510 the Chief Financial Officer or state agencies; trust funds that
1511 account for assets held by the state in a trustee capacity as an
1512 agent or fiduciary for individuals, private organizations, or
1513 other governmental units; and other trust funds authorized by
1514 the State Constitution.
1515 Section 56. The amendment to s. 215.32(2)(b), Florida
1516 Statutes, as carried forward by this act from chapter 2011-47,
1517 Laws of Florida, expires July 1, 2018, and the text of that
1518 paragraph shall revert to that in existence on June 30, 2011,
1519 except that any amendments to such text enacted other than by
1520 this act shall be preserved and continue to operate to the
1521 extent that such amendments are not dependent upon the portions
1522 of text which expire pursuant to this section.
1523 Section 57. In order to implement appropriations in the
1524 2017-2018 General Appropriations Act for state employee travel,
1525 the funds appropriated to each state agency which may be used
1526 for travel by state employees are limited during the 2017-2018
1527 fiscal year to travel for activities that are critical to each
1528 state agency’s mission. Funds may not be used for travel by
1529 state employees to foreign countries, other states, conferences,
1530 staff training activities, or other administrative functions
1531 unless the agency head has approved, in writing, that such
1532 activities are critical to the agency’s mission. The agency head
1533 shall consider using teleconferencing and other forms of
1534 electronic communication to meet the needs of the proposed
1535 activity before approving mission-critical travel. This section
1536 does not apply to travel for law enforcement purposes, military
1537 purposes, emergency management activities, or public health
1538 activities. This section expires July 1, 2018.
1539 Section 58. In order to implement appropriations in the
1540 2017-2018 General Appropriations Act for state employee travel
1541 and notwithstanding s. 112.061, Florida Statutes, costs for
1542 lodging associated with a meeting, conference, or convention
1543 organized or sponsored in whole or in part by a state agency or
1544 the judicial branch may not exceed $150 per day. An employee may
1545 expend his or her own funds for any lodging expenses in excess
1546 of $150 per day. For purposes of this section, a meeting does
1547 not include travel activities for conducting an audit,
1548 examination, inspection, or investigation or travel activities
1549 related to a litigation or emergency response. This section
1550 expires July 1, 2018.
1551 Section 59. In order to implement the appropriation of
1552 funds in the special categories, contracted services, and
1553 expenses categories of the 2017-2018 General Appropriations Act,
1554 a state agency may not enter into a contract containing a
1555 nondisclosure clause that prohibits the contractor from
1556 disclosing information relevant to the performance of the
1557 contract to members or staff of the Senate or the House of
1558 Representatives. This section expires July 1, 2018.
1559 Section 60. Any section of this act which implements a
1560 specific appropriation or specifically identified proviso
1561 language in the 2017-2018 General Appropriations Act is void if
1562 the specific appropriation or specifically identified proviso
1563 language is vetoed. Any section of this act which implements
1564 more than one specific appropriation or more than one portion of
1565 specifically identified proviso language in the 2017-2018
1566 General Appropriations Act is void if all the specific
1567 appropriations or portions of specifically identified proviso
1568 language are vetoed.
1569 Section 61. If any other act passed during the 2017 Regular
1570 Session of the Legislature contains a provision that is
1571 substantively the same as a provision in this act, but that
1572 removes or is otherwise not subject to the future repeal applied
1573 to such provision by this act, the Legislature intends that the
1574 provision in the other act takes precedence and continues to
1575 operate, notwithstanding the future repeal provided by this act.
1576 Section 62. If any provision of this act or its application
1577 to any person or circumstance is held invalid, the invalidity
1578 does not affect other provisions or applications of the act
1579 which can be given effect without the invalid provision or
1580 application, and to this end the provisions of this act are
1581 severable.
1582 Section 63. Except as otherwise expressly provided in this
1583 act and except for this section, which shall take effect upon
1584 this act becoming a law, this act shall take effect July 1,
1585 2017; or, if this act fails to become a law until after that
1586 date, it shall take effect upon becoming a law and shall operate
1587 retroactively to July 1, 2017.
1588
1589 ================= T I T L E A M E N D M E N T ================
1590 And the title is amended as follows:
1591 Delete everything before the enacting clause
1592 and insert:
1593 A bill to be entitled
1594 An act implementing the 2017-2018 General
1595 Appropriations Act; providing legislative intent;
1596 incorporating by reference certain calculations of the
1597 Florida Education Finance Program; providing that
1598 funds for instructional materials must be released and
1599 expended as required in specified proviso language;
1600 providing an exception from cost per student station
1601 limitations for the Dixie County Middle/High School
1602 special facility project; amending s. 1008.46, F.S.;
1603 revising the date by which the Board of Governors must
1604 submit its annual accountability report for the 2017
1605 2018 fiscal year; amending s. 1004.345, F.S.;
1606 extending the date by which the Florida Polytechnic
1607 University must meet certain criteria established by
1608 the Board of Governors; reenacting s. 1009.986(4)(b),
1609 F.S., relating to the Florida ABLE program; extending
1610 by 1 fiscal year provisions regarding the
1611 participation agreement for the program; providing for
1612 the future expiration and reversion of specified
1613 statutory text; incorporating by reference certain
1614 calculations of the Medicaid Disproportionate Share
1615 Hospital and Hospital Reimbursement programs;
1616 authorizing the Agency for Health Care Administration,
1617 in consultation with the Department of Health, to
1618 submit a budget amendment to realign funding for a
1619 component of the Children’s Medical Services program
1620 based upon a specified model, methodology, and
1621 framework; specifying requirements for such
1622 realignment; authorizing the agency to request
1623 nonoperating budget authority for transferring certain
1624 federal funds to the Department of Health; authorizing
1625 the Agency for Health Care Administration to make
1626 Medicaid payments to qualifying Florida cancer
1627 hospitals if certain conditions are met; authorizing
1628 the agency to submit budget amendments regarding the
1629 authority for the funding and the release of such
1630 funds; requiring the inclusion of a plan for any
1631 release of such funds; specifying criteria to be used
1632 by the Agency for Persons with Disabilities in the
1633 event that an allocation algorithm and methodology for
1634 the iBudget system is no longer in effect; requiring
1635 the Agency for Persons with Disabilities to contract
1636 with an independent consultant to conduct a study of
1637 transportation disadvantaged services; creating the
1638 Task Force on Transportation Disadvantaged Services;
1639 specifying the purpose of the task force; providing
1640 for the composition and duties of the task force;
1641 requiring the task force to submit a report to the
1642 Governor and the Legislature by a specified date;
1643 providing for termination of the task force; amending
1644 s. 893.055, F.S.; prohibiting the Attorney General and
1645 the Department of Health from using certain settlement
1646 agreement funds to administer the prescription drug
1647 monitoring program; amending s. 409.911, F.S.;
1648 extending for 1 fiscal year the requirement that the
1649 Agency for Health Care Administration distribute
1650 moneys to hospitals that provide a disproportionate
1651 share of Medicaid or charity care services as set
1652 forth in the General Appropriations Act; amending s.
1653 409.9113, F.S.; extending for 1 fiscal year the
1654 requirement that the Agency for Health Care
1655 Administration make disproportionate share payments to
1656 teaching hospitals as set forth in the General
1657 Appropriations Act; amending s. 216.262, F.S.;
1658 extending for 1 fiscal year the authority of the
1659 Department of Corrections to submit a budget amendment
1660 for additional positions and appropriations under
1661 certain circumstances; amending s. 215.18, F.S.;
1662 extending for 1 fiscal year the authority and related
1663 repayment requirements for temporary trust fund loans
1664 to the state court system which are sufficient to meet
1665 the system’s appropriation; amending s. 932.7055,
1666 F.S.; extending for 1 fiscal year the authority for a
1667 municipality to expend funds from its special law
1668 enforcement trust fund to reimburse its general fund
1669 for certain moneys advanced from the general fund;
1670 authorizing the Department of Corrections to submit
1671 certain budget amendments to transfer funds into the
1672 Inmate Health Services category; providing that such
1673 transfers are subject to notice, review, and objection
1674 procedures; requiring the Department of Juvenile
1675 Justice to review county juvenile detention payments
1676 to determine whether the county has met specified
1677 financial responsibilities; requiring amounts owed by
1678 the county for such financial responsibilities to be
1679 deducted from certain county funds; requiring the
1680 Department of Revenue to transfer withheld funds to a
1681 specified trust fund; requiring the Department of
1682 Revenue to ensure that such reductions in amounts
1683 distributed do not reduce distributions below amounts
1684 necessary for certain payments due on bonds and comply
1685 with bond covenants; requiring the Department of
1686 Revenue to notify the Department of Juvenile Justice
1687 if bond payment requirements require a reduction in
1688 deductions for amounts owed by a county; prohibiting
1689 the Department of Juvenile Justice from providing to
1690 certain nonfiscally constrained counties
1691 reimbursements or credits against identified juvenile
1692 detention center costs under specified circumstances;
1693 prohibiting a nonfiscally constrained county from
1694 applying, deducting, or receiving such reimbursements
1695 or credits; amending s. 27.5304, F.S.; establishing
1696 certain limitations on compensation for private court
1697 appointed counsel for the 2017-2018 fiscal year;
1698 requiring the Justice Administrative Commission to
1699 provide funds to the clerks of the circuit court for
1700 specified uses related to jurors; providing procedures
1701 for clerks of the circuit court to receive such funds;
1702 providing an apportionment methodology if funds are
1703 estimated to be insufficient to pay all amounts
1704 requested; requiring the clerks of the circuit court
1705 to pay amounts in excess of appropriated amounts;
1706 requiring the Department of Management Services to use
1707 tenant broker services to renegotiate or reprocure
1708 certain private lease agreements for office or storage
1709 space; requiring the Department of Management Services
1710 to provide a report to the Governor and Legislature by
1711 a specified date; amending s. 282.709, F.S.; revising
1712 the composition of the Joint Task Force on State
1713 Agency Law Enforcement Communications; specifying the
1714 amount of the transaction fee to be collected for use
1715 of the online procurement system; prohibiting an
1716 agency from transferring funds from a data processing
1717 category to another category that is not a data
1718 processing category; authorizing the Executive Office
1719 of the Governor to transfer funds appropriated for
1720 data processing services between departments for a
1721 specified purpose; authorizing the Executive Office of
1722 the Governor to transfer funds between departments for
1723 purposes of aligning amounts paid for risk management
1724 insurance and for human resource management services;
1725 requiring the Department of Financial Services to
1726 replace specified components of the Florida Accounting
1727 Information Resource Subsystem (FLAIR) and the Cash
1728 Management Subsystem (CMS); specifying certain actions
1729 to be taken by the Department of Financial Services
1730 regarding FLAIR and CMS replacement; providing for the
1731 composition of an executive steering committee to
1732 oversee FLAIR and CMS replacement; prescribing duties
1733 and responsibilities of the executive steering
1734 committee; requiring executive branch state agencies
1735 and the judicial branch to collaborate with the
1736 Executive Office of the Governor regarding the
1737 statewide travel management system and to use such
1738 system; amending s. 216.181, F.S.; extending for 1
1739 fiscal year the authority for the Legislative Budget
1740 Commission to increase amounts appropriated to the
1741 Fish and Wildlife Conservation Commission or the
1742 Department of Environmental Protection for certain
1743 fixed capital outlay projects from specified sources;
1744 amending s. 215.18, F.S.; extending for 1 fiscal year
1745 the authority of the Governor, if there is a specified
1746 deficiency in a land acquisition trust fund in the
1747 Department of Agriculture and Consumer Services, the
1748 Department of Environmental Protection, the Department
1749 of State, or the Fish and Wildlife Conservation
1750 Commission, to transfer funds from other trust funds
1751 in the State Treasury as a temporary loan to such
1752 trust fund; providing procedures for the repayment of
1753 a temporary loan; requiring the Department of
1754 Environmental Protection to transfer designated
1755 proportions of the revenues deposited in the Land
1756 Acquisition Trust Fund within the department to land
1757 acquisition trust funds in the Department of
1758 Agriculture and Consumer Services, the Department of
1759 State, and the Fish and Wildlife Conservation
1760 Commission according to specified parameters and
1761 calculations; defining the term “department”;
1762 requiring the Department of Environmental Protection
1763 to retain a proportionate share of revenues;
1764 specifying a limit on distributions; requiring the
1765 Department of Environmental Protection to make
1766 transfers to land acquisition trust funds; specifying
1767 the method of determining transfer amounts;
1768 authorizing the Department of Environmental Protection
1769 to advance funds from its land acquisition trust fund
1770 to the Fish and Wildlife Conservation Commission’s
1771 land acquisition trust fund for specified purposes;
1772 requiring the Department of Environmental Protection
1773 to prorate amounts transferred to the Fish and
1774 Wildlife Conservation Commission; amending s. 375.041,
1775 F.S.; specifying that certain funds for projects
1776 dedicated to restoring Lake Apopka shall be
1777 appropriated as provided under the General
1778 Appropriations Act; amending s. 373.470, F.S.;
1779 requiring distribution of funds to the South Florida
1780 Water Management District from the Department of
1781 Environmental Protection’s land acquisition trust fund
1782 to be equally matched by cumulative district
1783 contributions for certain Everglades restoration
1784 efforts; providing for the future expiration and
1785 reversion of specified statutory text; amending s.
1786 216.181, F.S.; authorizing the Legislative Budget
1787 Commission to increase amounts appropriated to the
1788 Department of Environmental Protection for fixed
1789 capital outlay projects using specified funds;
1790 specifying additional information to be included in
1791 budget amendments for projects requiring additional
1792 funding; amending s. 339.135, F.S.; authorizing the
1793 Department of Transportation to request the Executive
1794 Office of the Governor to amend the adopted work
1795 program for emergencies for certain projects, or
1796 phases thereof; providing for the future expiration
1797 and reversion of specified statutory text; requiring
1798 the Department of Highway Safety and Motor Vehicles to
1799 contract with a specified corporation to manufacture
1800 current or newly redesigned license plates; requiring
1801 that the price for such contract be the same as in the
1802 previous fiscal year; creating a law enforcement
1803 workgroup within the Department of Highway Safety and
1804 Motor Vehicles; specifying the composition of the
1805 workgroup; authorizing reimbursement for per diem and
1806 travel expenses; prescribing duties of the workgroup;
1807 requiring the Department of Highway Safety and Motor
1808 Vehicles to provide administrative support and
1809 contract with the University of South Florida’s Center
1810 for Urban Transportation Research; requiring the
1811 workgroup chair to submit recommendations to the
1812 Governor and the Legislature by a specified date;
1813 providing for termination of the workgroup; creating
1814 s. 316.0898, F.S.; requiring the Department of
1815 Transportation, in consultation with the Department of
1816 Highway Safety and Motor Vehicles, to develop the
1817 Florida Smart City Challenge grant program; specifying
1818 requirements for applicants to the grant program;
1819 establishing goals for the grant program; requiring
1820 the Department of Transportation to develop specified
1821 criteria for project grants and a plan for promotion
1822 of the grant program; authorizing the Department of
1823 Transportation to contract with a third party to
1824 assist in the development of the grant program;
1825 requiring the Department of Transportation to submit
1826 certain information regarding the grant program to the
1827 Governor and the Legislature by a specified date;
1828 creating a workgroup on affordable housing assigned to
1829 the Florida Housing Finance Corporation; specifying
1830 the composition of the workgroup; requiring the
1831 Florida Housing Finance Corporation to provide
1832 administrative and staff support; authorizing
1833 reimbursement for per diem and travel expenses for
1834 workgroup members; requiring the workgroup to develop
1835 recommendations regarding the state’s affordable
1836 housing needs; requiring submission of a report to the
1837 Governor and the Legislature by a specified date;
1838 providing for termination of the workgroup; amending
1839 s. 427.013, F.S.; extending for 1 fiscal year a
1840 requirement that the Commission for the Transportation
1841 Disadvantaged allocate and award appropriated funds
1842 for specified purposes; amending s. 321.04, F.S.;
1843 requiring the Department of Highway Safety and Motor
1844 Vehicles to assign the patrol officer assigned to the
1845 Office of the Governor to the Lieutenant Governor for
1846 the 2017-2018 fiscal year; requiring the department to
1847 assign a patrol officer to a Cabinet member under
1848 certain circumstances; amending s. 311.07, F.S.;
1849 waiving certain requirements regarding matching funds
1850 and project eligibility for projects funded through
1851 the Florida Seaport Transportation and Economic
1852 Development Program; amending s. 339.135, F.S.;
1853 providing legislative intent regarding the Department
1854 of Transportation’s work program; authorizing the
1855 Department of Transportation to realign budget
1856 authority under specified circumstances; specifying
1857 requirements; requiring the Department of
1858 Transportation to submit certain documents to the
1859 Legislative Budget Commission with its work program
1860 amendment; amending s. 216.292, F.S.; specifying that
1861 the required review of certain transfers of
1862 appropriations ensure compliance with ch. 216, F.S.,
1863 and are not contrary to legislative policy and intent;
1864 prohibiting a state agency from initiating a
1865 competitive solicitation for a product or service
1866 under certain circumstances; providing an exception;
1867 amending s. 112.24, F.S.; extending for 1 fiscal year
1868 the authorization, subject to specified requirements,
1869 for the assignment of an employee of a state agency
1870 under an employee interchange agreement; providing
1871 that the annual salaries of the members of the
1872 Legislature shall be maintained at a specified level;
1873 reenacting s. 215.32(2)(b), F.S., relating to the
1874 source and use of certain trust funds; providing for
1875 the future expiration and reversion of statutory text;
1876 limiting the use of travel funds to activities that
1877 are critical to an agency’s mission; providing
1878 exceptions; placing a monetary cap on lodging expenses
1879 for state employee travel to certain meetings
1880 organized or sponsored by a state agency or the
1881 judicial branch; authorizing employees to expend their
1882 own funds for lodging expenses in excess of the
1883 monetary caps; prohibiting state agencies from
1884 entering into contracts containing certain
1885 nondisclosure agreements; providing conditions under
1886 which the veto of certain appropriations or proviso
1887 language in the General Appropriations Act voids
1888 language that implements such appropriation; providing
1889 for the continued operation of certain provisions
1890 notwithstanding a future repeal or expiration provided
1891 by the act; providing severability; providing
1892 effective dates.