SB 2502 First Engrossed
20172502e1
1 A bill to be entitled
2 An act implementing the 2017-2018 General
3 Appropriations Act; providing legislative intent;
4 incorporating by reference certain calculations of the
5 Florida Education Finance Program; providing that
6 funds for instructional materials must be released and
7 expended as required in specified proviso language;
8 amending s. 1008.46, F.S.; revising the date by which
9 the Board of Governors must submit its annual
10 accountability report for the 2017-2018 fiscal year;
11 amending s. 1011.62, F.S.; revising the minimum amount
12 of funding for the Florida Digital Classrooms
13 Allocation for the 2017-2018 fiscal year; authorizing
14 a school district to use a portion of its allocation
15 towards specified expenses if certain conditions are
16 met; amending s. 1004.345, F.S.; extending the date by
17 which the Florida Polytechnic University must meet
18 certain criteria established by the Board of
19 Governors; reenacting s. 1009.986(4)(b), F.S.,
20 relating to the Florida ABLE program; extending by 1
21 fiscal year provisions regarding the participation
22 agreement for the program; providing for the future
23 expiration and reversion of specified statutory text;
24 providing an exception from cost per student station
25 limitations for the Dixie County Middle/High School
26 special facility project; incorporating by reference
27 certain calculations of the Medicaid Low-Income Pool,
28 Disproportionate Share Hospital, and Hospital
29 Reimbursement programs; authorizing the Agency for
30 Health Care Administration, in consultation with the
31 Department of Health, to submit a budget amendment to
32 realign funding for a component of the Children’s
33 Medical Services program based upon a specified model,
34 methodology, and framework; specifying requirements
35 for such realignment; authorizing the agency to
36 request nonoperating budget authority for transferring
37 certain federal funds to the Department of Health;
38 authorizing the Agency for Health Care Administration
39 to make Medicaid payments to qualifying Florida cancer
40 hospitals if certain conditions are met; authorizing
41 the agency to submit budget amendments regarding the
42 authority for the funding and the release of such
43 funds; requiring the inclusion of a plan for any
44 release of such funds; specifying criteria to be used
45 by the Agency for Persons with Disabilities in the
46 event that an allocation algorithm and methodology for
47 the iBudget system is no longer in effect; amending s.
48 393.0662, F.S.; requiring the Agency for Persons with
49 Disabilities to contract for an independent consultant
50 to study and make recommendations on certain aspects
51 of the home and community-based services Medicaid
52 waiver program; requiring the agency to submit the
53 independent consultant’s recommendations to the
54 Governor and the Legislature by a specified date;
55 requiring the Agency for Persons with Disabilities to
56 contract with an independent consultant to conduct a
57 study of transportation disadvantaged services;
58 creating the Task Force on Transportation
59 Disadvantaged Services; specifying the purpose of the
60 task force; providing for the composition and duties
61 of the task force; requiring the task force to submit
62 a report to the Governor and the Legislature by a
63 specified date; providing for termination of the task
64 force; amending s. 296.37, F.S.; extending for 1
65 fiscal year the requirement that certain residents of
66 a veterans’ nursing home contribute to their
67 maintenance and support; amending s. 409.911, F.S.;
68 extending for 1 fiscal year the requirement that the
69 Agency for Health Care Administration distribute
70 moneys to hospitals that provide a disproportionate
71 share of Medicaid or charity care services as set
72 forth in the General Appropriations Act; amending s.
73 409.9113, F.S.; extending for 1 fiscal year the
74 requirement that the Agency for Health Care
75 Administration make disproportionate share payments to
76 teaching hospitals as set forth in the General
77 Appropriations Act; amending s. 409.9119, F.S.;
78 extending for 1 fiscal year the requirement that the
79 Agency for Health Care Administration make
80 disproportionate share payments to specialty hospitals
81 for children as set forth in the General
82 Appropriations Act; amending s. 893.055, F.S.;
83 extending for 1 fiscal year the authority of the
84 Department of Health to use certain funds for the
85 administration of the prescription drug monitoring
86 program; prohibiting the use of funds received from a
87 settlement agreement to administer the program;
88 amending s. 216.262, F.S.; extending for 1 fiscal year
89 the authority of the Department of Corrections to
90 submit a budget amendment for additional positions and
91 appropriations under certain circumstances;
92 authorizing the Department of Legal Affairs to expend
93 certain appropriated funds on programs that were
94 funded by the department from specific appropriations
95 in general appropriations acts in previous years;
96 amending s. 932.7055, F.S.; extending for 1 fiscal
97 year the authority for a municipality to expend funds
98 from its special law enforcement trust fund to
99 reimburse its general fund for certain moneys advanced
100 from the general fund; amending s. 215.18, F.S.;
101 extending for 1 fiscal year the authority and related
102 repayment requirements for temporary trust fund loans
103 to the state court system which are sufficient to meet
104 the system’s appropriation; authorizing the Department
105 of Corrections to submit certain budget amendments to
106 transfer funds into the Inmate Health Services
107 category; providing that such transfers are subject to
108 notice, review, and objection procedures; requiring
109 the Department of Juvenile Justice to review county
110 juvenile detention payments to determine whether the
111 county has met specified financial responsibilities;
112 requiring amounts owed by the county for such
113 financial responsibilities to be deducted from certain
114 county funds; requiring the Department of Revenue to
115 transfer withheld funds to a specified trust fund;
116 requiring the Department of Revenue to ensure that
117 such reductions in amounts distributed do not reduce
118 distributions below amounts necessary for certain
119 payments due on bonds and comply with bond covenants;
120 requiring the Department of Revenue to notify the
121 Department of Juvenile Justice if bond payment
122 requirements require a reduction in deductions for
123 amounts owed by a county; prohibiting the Department
124 of Juvenile Justice from providing to certain
125 nonfiscally constrained counties reimbursements or
126 credits against identified juvenile detention center
127 costs under specified circumstances; prohibiting a
128 nonfiscally constrained county from applying,
129 deducting, or receiving such reimbursements or
130 credits; amending s. 27.5304, F.S.; establishing
131 certain limitations on compensation for private court
132 appointed counsel for the 2017-2018 fiscal year;
133 requiring the Justice Administrative Commission to
134 provide funds to the clerks of the circuit court for
135 specified uses related to juries; providing procedures
136 for clerks of the circuit court to receive such funds;
137 providing an apportionment methodology if funds are
138 estimated to be insufficient to pay all amounts
139 requested; requiring the clerks of the circuit court
140 to pay amounts in excess of appropriated amounts;
141 creating the Florida Criminal Justice Reform Task
142 Force; specifying the purpose of the task force;
143 providing for the composition and duties of the task
144 force; requiring the task force to submit a report to
145 the Legislature by a specified date; requiring the
146 Department of Management Services to use tenant broker
147 services to renegotiate or reprocure certain private
148 lease agreements for office or storage space;
149 requiring the Department of Management Services to
150 provide a report to the Governor and Legislature by a
151 specified date; amending s. 282.709, F.S.; revising
152 the composition of the Joint Task Force on State
153 Agency Law Enforcement Communications; specifying the
154 amount of the transaction fee to be collected for use
155 of the online procurement system; prohibiting an
156 agency from transferring funds from a data processing
157 category to another category that is not a data
158 processing category; authorizing the Executive Office
159 of the Governor to transfer funds appropriated for
160 data processing services between departments for a
161 specified purpose; authorizing the Executive Office of
162 the Governor to transfer certain funds between
163 agencies in order to allocate a reduction relating to
164 SUNCOM Network services; authorizing the Executive
165 Office of the Governor to transfer funds between
166 departments for purposes of aligning amounts paid for
167 risk management insurance and for human resource
168 management services; requiring the Department of
169 Financial Services to replace specified components of
170 the Florida Accounting Information Resource Subsystem
171 (FLAIR) and the Cash Management Subsystem (CMS);
172 specifying certain actions to be taken by the
173 Department of Financial Services regarding FLAIR and
174 CMS replacement; providing for the composition of an
175 executive steering committee to oversee FLAIR and CMS
176 replacement; prescribing duties and responsibilities
177 of the executive steering committee; amending s.
178 259.105, F.S.; revising provisions governing the
179 distribution of certain proceeds from cash payments or
180 bonds issued pursuant to the Florida Forever Act;
181 amending s. 216.181, F.S.; extending for 1 fiscal year
182 the authority for the Legislative Budget Commission to
183 increase amounts appropriated to the Fish and Wildlife
184 Conservation Commission or the Department of
185 Environmental Protection for certain fixed capital
186 outlay projects from specified sources; amending s.
187 206.9935, F.S.; exempting specified revenues from the
188 calculation of the unobligated balance of the Water
189 Quality Assurance Trust Fund for the 2017-2018 fiscal
190 year; amending s. 403.7095, F.S.; extending for 1
191 fiscal year a requirement that the Department of
192 Environmental Protection award a certain sum of grant
193 funds for specified solid waste management programs to
194 counties that meet certain criteria; amending s.
195 215.18, F.S.; extending for 1 fiscal year the
196 authority of the Governor, if there is a specified
197 deficiency in a land acquisition trust fund in the
198 Department of Agriculture and Consumer Services, the
199 Department of Environmental Protection, the Department
200 of State, or the Fish and Wildlife Conservation
201 Commission, to transfer funds from other trust funds
202 in the State Treasury as a temporary loan to such
203 trust fund; providing procedures for the repayment of
204 a temporary loan; requiring the Department of
205 Environmental Protection to transfer designated
206 proportions of the revenues deposited in the Land
207 Acquisition Trust Fund within the department to land
208 acquisition trust funds in the Department of
209 Agriculture and Consumer Services, the Department of
210 State, and the Fish and Wildlife Conservation
211 Commission according to specified parameters and
212 calculations; defining the term “department”;
213 requiring the Department of Environmental Protection
214 to retain a proportionate share of revenues;
215 specifying a limit on distributions; requiring the
216 Department of Environmental Protection to make
217 transfers to land acquisition trust funds; specifying
218 the method of determining transfer amounts; requiring
219 the Department of Highway Safety and Motor Vehicles to
220 contract with a specified corporation to manufacture
221 current or newly redesigned license plates; requiring
222 that the price for such contract be the same as in the
223 previous fiscal year; creating a law enforcement
224 workgroup within the Department of Highway Safety and
225 Motor Vehicles; specifying the composition of the
226 workgroup; authorizing reimbursement for per diem and
227 travel expenses; prescribing duties of the workgroup;
228 requiring the Department of Highway Safety and Motor
229 Vehicles to provide administrative support and
230 contract with the University of South Florida’s Center
231 for Urban Transportation Research; requiring the
232 workgroup chair to submit recommendations to the
233 Governor and the Legislature by a specified date;
234 providing for termination of the workgroup; creating
235 s. 316.0898, F.S.; requiring the Department of
236 Transportation, in consultation with the Department of
237 Highway Safety and Motor Vehicles, to develop the
238 Florida Smart City Challenge grant program; specifying
239 requirements for applicants to the grant program;
240 establishing goals for the grant program; requiring
241 the Department of Transportation to develop specified
242 criteria for project grants and a plan for promotion
243 of the grant program; authorizing the Department of
244 Transportation to contract with a third party to
245 assist in the development of the grant program;
246 requiring the Department of Transportation to submit
247 certain information regarding the grant program to the
248 Governor and the Legislature by a specified date;
249 amending s. 341.302, F.S.; specifying duties and
250 responsibilities for the Department of Transportation
251 in its administration of the rail program for the
252 2017-2018 fiscal year; amending s. 420.9072, F.S.;
253 extending for 1 fiscal year provisions authorizing
254 each county and eligible municipality to use its
255 portion of the local housing distribution under the
256 State Housing Initiatives Partnership Program for
257 certain purposes; amending s. 420.5087, F.S.;
258 extending for 1 fiscal year certain provisions
259 specifying the reservation of funds for the tenant
260 groups within each notice of fund availability with
261 respect to the State Apartment Incentive Loan Program;
262 revising the funding amount for loans to construct
263 workforce housing as issued in a notice of funds
264 availability by the Florida Housing Finance
265 Corporation; creating a workgroup on affordable
266 housing assigned to the Florida Housing Finance
267 Corporation; specifying the composition of the
268 workgroup; requiring the Florida Housing Finance
269 Corporation to provide administrative and staff
270 support; authorizing reimbursement for per diem and
271 travel expenses for workgroup members; requiring the
272 workgroup to develop recommendations regarding the
273 state’s affordable housing needs; requiring submission
274 of a report to the Governor and the Legislature by a
275 specified date; providing for termination of the
276 workgroup; amending s. 427.013, F.S.; extending for 1
277 fiscal year a requirement that the Commission for the
278 Transportation Disadvantaged allocate and award
279 appropriated funds for specified purposes; amending s.
280 321.04, F.S.; requiring the Department of Highway
281 Safety and Motor Vehicles to assign the patrol officer
282 assigned to the Office of the Governor to the
283 Lieutenant Governor for the 2017-2018 fiscal year;
284 requiring the department to assign a patrol officer to
285 a Cabinet member under certain circumstances;
286 requiring the Department of State to direct the State
287 Library Council, the Florida Historical Commission,
288 and the Florida Council on Arts and Culture to sort
289 applications received from counties for ranking and
290 funding purposes for the 2017-2018 fiscal year;
291 prescribing procedures; amending s. 288.1201, F.S.;
292 requiring the Department of Economic Opportunity to
293 retain state funds for specified programs in the State
294 Economic Enhancement and Development Trust Fund until
295 certain conditions are met; requiring the department
296 to return to the State Treasury unexpended funds from
297 the Quick Action Closing Fund which are held by
298 certain entities; requiring the department to comply
299 by a certain date; requiring the department to provide
300 notification of compliance to the Governor and the
301 Legislature by a certain date; amending s. 311.07,
302 F.S.; waiving certain requirements regarding matching
303 funds and project eligibility for projects funded
304 through the Florida Seaport Transportation and
305 Economic Development Program; amending s. 339.135,
306 F.S.; providing legislative intent regarding the
307 Department of Transportation’s work program;
308 authorizing the Department of Transportation to
309 realign budget authority under specified
310 circumstances; specifying requirements; requiring the
311 Department of Transportation to submit certain
312 documents to the Legislative Budget Commission with
313 its work program amendment; amending s. 216.292, F.S.;
314 specifying that the required review of certain
315 transfers of appropriations ensure compliance with ch.
316 216, F.S., and are not contrary to legislative policy
317 and intent; amending s. 112.24, F.S.; extending for 1
318 fiscal year the authorization, subject to specified
319 requirements, for the assignment of an employee of a
320 state agency under an employee interchange agreement;
321 providing that the annual salaries of the members of
322 the Legislature shall be maintained at a specified
323 level; reenacting s. 215.32(2)(b), F.S., relating to
324 the source and use of certain trust funds; providing
325 for the future expiration and reversion of statutory
326 text; providing a legislative declaration that the
327 issuance of new debt is in the best interest of the
328 state; limiting the use of travel funds to activities
329 that are critical to an agency’s mission; providing
330 exceptions; placing a monetary cap on lodging expenses
331 for state employee travel to certain meetings
332 organized or sponsored by a state agency or the
333 judicial branch; authorizing employees to expend their
334 own funds for lodging expenses in excess of the
335 monetary caps; amending s. 110.12315, F.S.; revising
336 copayment and coinsurance amounts for the State Group
337 Health Insurance Standard Plan and the State Group
338 Health Insurance High Deductible Plan under the state
339 employees’ prescription drug program; providing for
340 the future expiration and reversion of statutory text;
341 prohibiting state agencies from entering into
342 contracts containing certain nondisclosure agreements;
343 providing conditions under which the veto of certain
344 appropriations or proviso language in the General
345 Appropriations Act voids language that implements such
346 appropriation; providing for the continued operation
347 of certain provisions notwithstanding a future repeal
348 or expiration provided by the act; providing
349 severability; providing effective dates.
350
351 Be It Enacted by the Legislature of the State of Florida:
352
353 Section 1. It is the intent of the Legislature that the
354 implementing and administering provisions of this act apply to
355 the General Appropriations Act for the 2017-2018 fiscal year.
356 Section 2. In order to implement Specific Appropriations 7,
357 8, 9, 91, and 92 of the 2017-2018 General Appropriations Act,
358 the calculations of the Florida Education Finance Program for
359 the 2017-2018 fiscal year included in the document titled
360 “Public School Funding: The Florida Education Finance Program,”
361 dated March 30, 2017, and filed with the Secretary of the
362 Senate, are incorporated by reference for the purpose of
363 displaying the calculations used by the Legislature, consistent
364 with the requirements of state law, in making appropriations for
365 the Florida Education Finance Program. This section expires July
366 1, 2018.
367 Section 3. In order to implement Specific Appropriations 7
368 and 91 of the 2017-2018 General Appropriations Act, and
369 notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
370 1011.62(6)(b)5., and 1011.67, Florida Statutes, relating to the
371 expenditure of funds provided for instructional materials, for
372 the 2017-2018 fiscal year, funds provided for instructional
373 materials shall be released and expended as required in the
374 proviso language for Specific Appropriation 91 of the 2017-2018
375 General Appropriations Act. This section expires July 1, 2018.
376 Section 4. In order to implement Specific Appropriation 154
377 of the 2017-2018 General Appropriations Act, upon the expiration
378 and reversion of the amendment to section 1008.46, Florida
379 Statutes, pursuant to section 11 of chapter 2016-62, Laws of
380 Florida, subsection (1) of section 1008.46, Florida Statutes, is
381 amended to read:
382 1008.46 State university accountability process.—It is the
383 intent of the Legislature that an accountability process be
384 implemented that provides for the systematic, ongoing evaluation
385 of quality and effectiveness of state universities. It is
386 further the intent of the Legislature that this accountability
387 process monitor performance at the system level in each of the
388 major areas of instruction, research, and public service, while
389 recognizing the differing missions of each of the state
390 universities. The accountability process shall provide for the
391 adoption of systemwide performance standards and performance
392 goals for each standard identified through a collaborative
393 effort involving state universities, the Board of Governors, the
394 Legislature, and the Governor’s Office, consistent with
395 requirements specified in s. 1001.706. These standards and goals
396 shall be consistent with s. 216.011(1) to maintain congruity
397 with the performance-based budgeting process. This process
398 requires that university accountability reports reflect measures
399 defined through performance-based budgeting. The performance
400 based budgeting measures must also reflect the elements of
401 teaching, research, and service inherent in the missions of the
402 state universities.
403 (1)(a) By December 31 of each year, the Board of Governors
404 shall submit an annual accountability report providing
405 information on the implementation of performance standards,
406 actions taken to improve university achievement of performance
407 goals, the achievement of performance goals during the prior
408 year, and initiatives to be undertaken during the next year. The
409 accountability reports shall be designed in consultation with
410 the Governor’s Office, the Office of Program Policy Analysis and
411 Government Accountability, and the Legislature.
412 (b) Notwithstanding paragraph (a), for the 2017-2018 fiscal
413 year, the Board of Governors shall submit the annual
414 accountability report by March 15, 2018.
415 Section 5. In order to implement Specific Appropriations 7
416 and 91 of the 2017-2018 General Appropriations Act, paragraph
417 (g) of subsection (12) of section 1011.62, Florida Statutes, is
418 amended to read:
419 1011.62 Funds for operation of schools.—If the annual
420 allocation from the Florida Education Finance Program to each
421 district for operation of schools is not determined in the
422 annual appropriations act or the substantive bill implementing
423 the annual appropriations act, it shall be determined as
424 follows:
425 (12) FLORIDA DIGITAL CLASSROOMS ALLOCATION.—
426 (g)1. For the 2017-2018 2016-2017 fiscal year,
427 notwithstanding paragraph (c), each school district shall be
428 provided a minimum of $400,000 $500,000, with the remaining
429 balance of the allocation to be distributed based on each
430 district’s proportion of the total K-12 full-time equivalent
431 enrollment.
432 2. Notwithstanding paragraph (a) and for the 2017-2018
433 fiscal year, if a district school superintendent certifies to
434 the Commissioner of Education that the requirements of the
435 school district’s 2017-2018 digital classrooms plan have been
436 met, the school district may expend from the remaining balance
437 of the current allocation, including any carry-forward funds, up
438 to $250,000 or 25 percent of the allocation, whichever amount is
439 greater, for the purposes identified in s. 1011.71(2) Each
440 district’s digital classrooms allocation plan must give
441 preference to funding the number of devices that comply with the
442 requirements of s. 1001.20(4)(a)1.b. and that are needed to
443 allow each school to administer the Florida Standards
444 Assessments to an entire grade at the same time. If the
445 district’s digital classrooms allocation plan does not include
446 the purchase of devices, the district must certify in the plan
447 that the district currently has sufficient devices to allow each
448 school to administer the Florida Standards Assessments in the
449 manner described in this paragraph.
450 3. This paragraph expires July 1, 2018 2017.
451 Section 6. In order to implement Specific Appropriation 141
452 of the 2017-2018 General Appropriations Act, upon the expiration
453 and reversion of the amendment to section 1004.345, Florida
454 Statutes, pursuant to section 36 of chapter 2016-62, Laws of
455 Florida, subsection (1) of section 1004.345, Florida Statutes,
456 is amended to read:
457 1004.345 The Florida Polytechnic University.—
458 (1) By December 31, 2017 2016, the Florida Polytechnic
459 University shall meet the following criteria as established by
460 the Board of Governors:
461 (a) Achieve accreditation from the Commission on Colleges
462 of the Southern Association of Colleges and Schools;
463 (b) Initiate the development of the new programs in the
464 fields of science, technology, engineering, and mathematics;
465 (c) Seek discipline-specific accreditation for programs;
466 (d) Attain a minimum FTE of 1,244, with a minimum 50
467 percent of that FTE in the fields of science, technology,
468 engineering, and mathematics and 20 percent in programs related
469 to those fields;
470 (e) Complete facilities and infrastructure, including the
471 Science and Technology Building, Phase I of the Wellness Center,
472 and a residence hall or halls containing no fewer than 190 beds;
473 and
474 (f) Have the ability to provide, either directly or where
475 feasible through a shared services model, administration of
476 financial aid, admissions, student support, information
477 technology, and finance and accounting with an internal audit
478 function.
479 Section 7. In order to implement Specific Appropriation 69
480 of the 2017-2018 General Appropriations Act, and notwithstanding
481 the expiration date in section 36 of chapter 2016-62, Laws of
482 Florida, paragraph (b) of subsection (4) of section 1009.986,
483 Florida Statutes, is reenacted to read:
484 1009.986 Florida ABLE program.—
485 (4) FLORIDA ABLE PROGRAM.—
486 (b) The participation agreement must include provisions
487 specifying:
488 1. The participation agreement is only a debt or obligation
489 of the Florida ABLE program and the Florida ABLE Program Trust
490 Fund and, as provided under paragraph (f), is not a debt or
491 obligation of the Florida Prepaid College Board or the state.
492 2. Participation in the Florida ABLE program does not
493 guarantee that sufficient funds will be available to cover all
494 qualified disability expenses for any designated beneficiary and
495 does not guarantee the receipt or continuation of any product or
496 service for the designated beneficiary.
497 3. Whether the Florida ABLE program requires a designated
498 beneficiary to be a resident of this state or a resident of a
499 contracting state at the time the ABLE account is established.
500 In determining whether to require residency, the Florida Prepaid
501 College Board shall consider, among other factors:
502 a. Market research; and
503 b. Estimated operating revenues and costs.
504 4. The establishment of an ABLE account in violation of
505 federal law is prohibited.
506 5. Contributions in excess of the limitations set forth in
507 s. 529A of the Internal Revenue Code are prohibited.
508 6. The state is a creditor of ABLE accounts as, and to the
509 extent, set forth in s. 529A of the Internal Revenue Code.
510 7. Material misrepresentations by a party to the
511 participation agreement, other than Florida ABLE, Inc., in the
512 application for the participation agreement or in any
513 communication with Florida ABLE, Inc., regarding the Florida
514 ABLE program may result in the involuntary liquidation of the
515 ABLE account. If an account is involuntarily liquidated, the
516 designated beneficiary is entitled to a refund, subject to any
517 fees or penalties provided by the participation agreement and
518 the Internal Revenue Code.
519 Section 8. The text of s. 1009.986(4)(b), Florida Statutes,
520 as carried forward from chapter 2016-62, Laws of Florida, in
521 this act, expires July 1, 2018, and the text of that paragraph
522 shall revert to that in existence on June 30, 2016, except that
523 any amendments to such text enacted other than by this act shall
524 be preserved and continue to operate to the extent that such
525 amendments are not dependent upon the portions of text which
526 expire pursuant to this section.
527 Section 9. In order to implement Specific Appropriation 22
528 of the 2017-2018 General Appropriations Act, for the 2017-2018
529 fiscal year only and notwithstanding s. 1013.64(2)(a)6., Florida
530 Statutes, the Dixie County Middle/High School special facility
531 project may exceed the cost per student station.
532 Section 10. In order to implement Specific Appropriations
533 198, 199, 200, 203, and 207 of the 2017-2018 General
534 Appropriations Act, the calculations for the Medicaid Low-Income
535 Pool, Disproportionate Share Hospital, and Hospital
536 Reimbursement programs for the 2017-2018 fiscal year contained
537 in the document titled “Medicaid Hospital Funding Programs,”
538 dated March 30, 2017, and filed with the Secretary of the
539 Senate, are incorporated by reference for the purpose of
540 displaying the calculations used by the Legislature, consistent
541 with the requirements of state law, in making appropriations for
542 the Medicaid Low-Income Pool, Disproportionate Share Hospital,
543 and Hospital Reimbursement programs. This section expires July
544 1, 2018.
545 Section 11. In order to implement Specific Appropriations
546 190 through 212A and 522 of the 2017-2018 General Appropriations
547 Act, and notwithstanding ss. 216.181 and 216.292, Florida
548 Statutes, the Agency for Health Care Administration, in
549 consultation with the Department of Health, may submit a budget
550 amendment, subject to the notice, review, and objection
551 procedures of s. 216.177, Florida Statutes, to realign funding
552 within and between agencies based on implementation of the
553 Managed Medical Assistance component of the Statewide Medicaid
554 Managed Care program for the Children’s Medical Services program
555 of the Department of Health. The funding realignment shall
556 reflect the actual enrollment changes due to the transfer of
557 beneficiaries from fee-for-service to the capitated Children’s
558 Medical Services Network. The Agency for Health Care
559 Administration may submit a request for nonoperating budget
560 authority to transfer the federal funds to the Department of
561 Health pursuant to s. 216.181(12), Florida Statutes. This
562 section expires July 1, 2018.
563 Section 12. In order to implement Specific Appropriations
564 198, 203, and 207 of the 2017-2018 General Appropriations Act
565 and consistent with s. 409.017, Florida Statutes, and subject to
566 federal authorization and the availability of intergovernmental
567 transfer (IGT) funds, the Agency for Health Care Administration
568 is authorized to make Medicaid payments to qualifying Florida
569 cancer hospitals that meet the criteria in 42 U.S.C. s.
570 1395ww(d)(1)(B)(v) on a cost basis. Once federal approval is
571 granted and IGT funds are available, the agency is authorized to
572 submit budget amendments requesting the authority for this
573 funding and the release of funds pursuant to the provisions of
574 chapter 216, Florida Statutes. Any release of the funds shall
575 include a plan for how the funds will be dispersed for the
576 purposes specified in this section. This section expires July 1,
577 2018.
578 Section 13. In order to implement Specific Appropriation
579 241 of the 2017-2018 General Appropriations Act:
580 (1) If during the 2017-2018 fiscal year, the Agency for
581 Persons with Disabilities ceases to have an allocation algorithm
582 and methodology adopted by valid rule pursuant to s. 393.0662,
583 Florida Statutes, the agency shall use the following until it
584 adopts a new allocation algorithm and methodology:
585 (a) Each client’s iBudget in effect as of the date the
586 agency ceases to have an allocation algorithm and methodology
587 adopted by valid rule pursuant to s. 393.0662, Florida Statutes,
588 shall remain at that funding level.
589 (b) The Agency for Persons with Disabilities shall
590 determine the iBudget for a client newly enrolled in the home
591 and community-based services waiver program using the same
592 allocation algorithm and methodology used for the iBudgets
593 determined between January 1, 2017, and June 30, 2017.
594 (2) After a new allocation algorithm and methodology is
595 adopted by final rule, a client’s new iBudget shall be
596 determined based on the new allocation algorithm and methodology
597 and shall take effect as of the client’s next support plan
598 update.
599 (3) Funding allocated under subsections (1) and (2) may be
600 increased pursuant to s. 393.0662(1)(b), Florida Statutes, or as
601 necessary to comply with federal regulations.
602 (4) This section expires July 1, 2018.
603 Section 14. Effective upon this act becoming a law and in
604 order to implement Specific Appropriation 249 of the 2017-2018
605 General Appropriations Act, subsection (8) is added to section
606 393.0662, Florida Statutes, to read:
607 393.0662 Individual budgets for delivery of home and
608 community-based services; iBudget system established.—The
609 Legislature finds that improved financial management of the
610 existing home and community-based Medicaid waiver program is
611 necessary to avoid deficits that impede the provision of
612 services to individuals who are on the waiting list for
613 enrollment in the program. The Legislature further finds that
614 clients and their families should have greater flexibility to
615 choose the services that best allow them to live in their
616 community within the limits of an established budget. Therefore,
617 the Legislature intends that the agency, in consultation with
618 the Agency for Health Care Administration, shall manage the
619 service delivery system using individual budgets as the basis
620 for allocating the funds appropriated for the home and
621 community-based services Medicaid waiver program among eligible
622 enrolled clients. The service delivery system that uses
623 individual budgets shall be called the iBudget system.
624 (8) The agency shall contract for an independent consultant
625 who shall:
626 (a) Conduct reviews of significant additional need requests
627 and support coordinator workload and referral processes;
628 (b) Evaluate trends in waiver service requests and denials,
629 regional trends, provider specific trends, and any other
630 indicators that are identified with increased requests; and
631 (c) Review significant additional needs requests approved
632 by the agency which meet the following criteria:
633 1. Significant additional need requests that have been
634 submitted by a support coordinator for more than 20 percent of
635 his or her caseload in any of the past three fiscal years.
636 2. Regions with the highest growth in submitted significant
637 additional need requests in any of the past three fiscal years.
638 3. Increases in the intensity of behavioral services and
639 residential habilitation behavioral services.
640 (d) The independent consultant shall make recommendations
641 to the agency which focus on improving the iBudget process or
642 the significant additional need submission and approval process,
643 including, but not limited to, process improvement, utilization
644 review, best practices, and training for support coordinators or
645 agency staff. The agency shall submit the independent
646 consultant’s recommendations to the Governor, the President of
647 the Senate, and the Speaker of the House of Representatives by
648 December 15, 2017.
649 (e) This subsection expires July 1, 2018.
650 Section 15. Effective upon this act becoming a law and in
651 order to implement Specific Appropriation 249 of the 2017-2018
652 General Appropriations Act:
653 (1) The Agency for Persons with Disabilities shall contract
654 with an independent consultant to examine the state’s
655 transportation disadvantaged services, how such services are
656 provided in urban and nonurbanized areas and how to assist in
657 the development and use of different provider models.
658 (2) There is created the Task Force on Transportation
659 Disadvantaged Services, a task force as defined in s. 20.03,
660 Florida Statutes. The task force is assigned to the Agency for
661 Persons with Disabilities; however, the Commission for the
662 Transportation Disadvantaged shall also assist the task force in
663 carrying out its duties and responsibilities. The purpose of the
664 task force is to examine the design and use of transportation
665 disadvantaged services, considering at least the following:
666 (a) The use of regional fare payment systems;
667 (b) The improvement of transportation disadvantaged
668 services in both urban and nonurbanized areas;
669 (c) The use of intercity and intercounty bus
670 transportation; and
671 (d) The use of private providers or transportation network
672 companies.
673 (3) The task force is composed of the following members:
674 (a) The director of the Agency for Persons with
675 Disabilities or his or her designee.
676 (b) The executive director of the Commission for the
677 Transportation Disadvantaged or his or her designee.
678 (c) The community transportation coordinators for Alachua,
679 Jackson, Miami-Dade, and Pinellas Counties.
680 (d) Two individuals who currently use transportation
681 disadvantaged services, one appointed by the agency director and
682 the other appointed by the executive director of the commission.
683 (e) A representative of the Florida Developmental
684 Disabilities Council.
685 (f) A representative of Family Care Council Florida.
686 (4) At a minimum, the task force shall consider:
687 (a) Routing improvement to minimize passenger transfers or
688 wait times;
689 (b) The ability to provide transportation disadvantaged
690 services between specific origins and destinations selected by
691 the individual user at a time that is agreed upon by the user
692 and the provider of the service; and
693 (c) The provision of transportation disadvantaged services
694 to individual users to allow them to access health care, places
695 of employment, education, and other life-sustaining activities
696 in a cost-effective and efficient manner, while reducing
697 fragmentation and duplication of services.
698 (5) The task force shall submit a report that, at a
699 minimum, includes its findings and recommendations to the
700 Governor, the President of the Senate, and the Speaker of the
701 House of Representatives by December 15, 2017, at which time the
702 task force shall terminate.
703 Section 16. In order to implement Specific Appropriations
704 551 through 562 of the 2017-2018 General Appropriations Act,
705 subsection (3) of section 296.37, Florida Statutes, is amended
706 to read:
707 296.37 Residents; contribution to support.—
708 (3) Notwithstanding subsection (1), each resident of the
709 home who receives a pension, compensation, or gratuity from the
710 United States Government, or income from any other source, of
711 more than $105 per month shall contribute to his or her
712 maintenance and support while a resident of the home in
713 accordance with a payment schedule determined by the
714 administrator and approved by the director. The total amount of
715 such contributions shall be to the fullest extent possible, but,
716 in no case, shall exceed the actual cost of operating and
717 maintaining the home. This subsection expires July 1, 2018 2017.
718 Section 17. In order to implement Specific Appropriation
719 199 of the 2017-2018 General Appropriations Act, subsection (10)
720 of section 409.911, Florida Statutes, is amended to read:
721 409.911 Disproportionate share program.—Subject to specific
722 allocations established within the General Appropriations Act
723 and any limitations established pursuant to chapter 216, the
724 agency shall distribute, pursuant to this section, moneys to
725 hospitals providing a disproportionate share of Medicaid or
726 charity care services by making quarterly Medicaid payments as
727 required. Notwithstanding the provisions of s. 409.915, counties
728 are exempt from contributing toward the cost of this special
729 reimbursement for hospitals serving a disproportionate share of
730 low-income patients.
731 (10) Notwithstanding any provision of this section to the
732 contrary, for the 2017-2018 2016-2017 state fiscal year, the
733 agency shall distribute moneys to hospitals providing a
734 disproportionate share of Medicaid or charity care services as
735 provided in the 2017-2018 2016-2017 General Appropriations Act.
736 This subsection expires July 1, 2018 2017.
737 Section 18. In order to implement Specific Appropriation
738 199 of the 2017-2018 General Appropriations Act, subsection (3)
739 of section 409.9113, Florida Statutes, is amended to read:
740 409.9113 Disproportionate share program for teaching
741 hospitals.—In addition to the payments made under s. 409.911,
742 the agency shall make disproportionate share payments to
743 teaching hospitals, as defined in s. 408.07, for their increased
744 costs associated with medical education programs and for
745 tertiary health care services provided to the indigent. This
746 system of payments must conform to federal requirements and
747 distribute funds in each fiscal year for which an appropriation
748 is made by making quarterly Medicaid payments. Notwithstanding
749 s. 409.915, counties are exempt from contributing toward the
750 cost of this special reimbursement for hospitals serving a
751 disproportionate share of low-income patients. The agency shall
752 distribute the moneys provided in the General Appropriations Act
753 to statutorily defined teaching hospitals and family practice
754 teaching hospitals, as defined in s. 395.805, pursuant to this
755 section. The funds provided for statutorily defined teaching
756 hospitals shall be distributed as provided in the General
757 Appropriations Act. The funds provided for family practice
758 teaching hospitals shall be distributed equally among family
759 practice teaching hospitals.
760 (3) Notwithstanding any provision of this section to the
761 contrary, for the 2017-2018 2016-2017 state fiscal year, the
762 agency shall make disproportionate share payments to teaching
763 hospitals, as defined in s. 408.07, as provided in the 2017-2018
764 2016-2017 General Appropriations Act. This subsection expires
765 July 1, 2018 2017.
766 Section 19. In order to implement Specific Appropriation
767 199 of the 2017-2018 General Appropriations Act, subsection (4)
768 of section 409.9119, Florida Statutes, is amended to read:
769 409.9119 Disproportionate share program for specialty
770 hospitals for children.—In addition to the payments made under
771 s. 409.911, the Agency for Health Care Administration shall
772 develop and implement a system under which disproportionate
773 share payments are made to those hospitals that are licensed by
774 the state as specialty hospitals for children and were licensed
775 on January 1, 2000, as specialty hospitals for children. This
776 system of payments must conform to federal requirements and must
777 distribute funds in each fiscal year for which an appropriation
778 is made by making quarterly Medicaid payments. Notwithstanding
779 s. 409.915, counties are exempt from contributing toward the
780 cost of this special reimbursement for hospitals that serve a
781 disproportionate share of low-income patients. The agency may
782 make disproportionate share payments to specialty hospitals for
783 children as provided for in the General Appropriations Act.
784 (4) Notwithstanding any provision of this section to the
785 contrary, for the 2017-2018 2016-2017 state fiscal year, for
786 hospitals achieving full compliance under subsection (3), the
787 agency shall make disproportionate share payments to specialty
788 hospitals for children as provided in the 2017-2018 2016-2017
789 General Appropriations Act. This subsection expires July 1, 2018
790 2017.
791 Section 20. In order to implement Specific Appropriations
792 494 through 517 of the 2017-2018 General Appropriations Act,
793 subsection (17) of section 893.055, Florida Statutes, is amended
794 to read:
795 893.055 Prescription drug monitoring program.—
796 (17) Notwithstanding subsection (10), and for the 2017-2018
797 2016-2017 fiscal year only, the department may use state funds
798 appropriated in the 2017-2018 2016-2017 General Appropriations
799 Act to administer the prescription drug monitoring program.
800 Neither the Attorney General nor the department may use funds
801 received as part of a settlement agreement to administer the
802 prescription drug monitoring program. This subsection expires
803 July 1, 2018 2017.
804 Section 21. In order to implement Specific Appropriations
805 582 through 708 and 722 through 756 of the 2017-2018 General
806 Appropriations Act, subsection (4) of section 216.262, Florida
807 Statutes, is amended to read:
808 216.262 Authorized positions.—
809 (4) Notwithstanding the provisions of this chapter relating
810 to increasing the number of authorized positions, and for the
811 2017-2018 2016-2017 fiscal year only, if the actual inmate
812 population of the Department of Corrections exceeds the inmate
813 population projections of the February 23, 2017 December 17,
814 2015, Criminal Justice Estimating Conference by 1 percent for 2
815 consecutive months or 2 percent for any month, the Executive
816 Office of the Governor, with the approval of the Legislative
817 Budget Commission, shall immediately notify the Criminal Justice
818 Estimating Conference, which shall convene as soon as possible
819 to revise the estimates. The Department of Corrections may then
820 submit a budget amendment requesting the establishment of
821 positions in excess of the number authorized by the Legislature
822 and additional appropriations from unallocated general revenue
823 sufficient to provide for essential staff, fixed capital
824 improvements, and other resources to provide classification,
825 security, food services, health services, and other variable
826 expenses within the institutions to accommodate the estimated
827 increase in the inmate population. All actions taken pursuant to
828 this subsection are subject to review and approval by the
829 Legislative Budget Commission. This subsection expires July 1,
830 2018 2017.
831 Section 22. In order to implement Specific Appropriations
832 1292 and 1293 of the 2017-2018 General Appropriations Act, the
833 Department of Legal Affairs may expend appropriated funds in
834 those specific appropriations on the same programs that were
835 funded by the department pursuant to specific appropriations
836 made in general appropriations acts in previous years. This
837 section expires July 1, 2018.
838 Section 23. In order to implement Specific Appropriations
839 1228 and 1234 of the 2017-2018 General Appropriations Act,
840 paragraph (d) of subsection (4) of section 932.7055, Florida
841 Statutes, is amended to read:
842 932.7055 Disposition of liens and forfeited property.—
843 (4) The proceeds from the sale of forfeited property shall
844 be disbursed in the following priority:
845 (d) Notwithstanding any other provision of this subsection,
846 and for the 2017-2018 2016-2017 fiscal year only, the funds in a
847 special law enforcement trust fund established by the governing
848 body of a municipality may be expended to reimburse the general
849 fund of the municipality for moneys advanced from the general
850 fund to the special law enforcement trust fund before October 1,
851 2001. This paragraph expires July 1, 2018 2017.
852 Section 24. In order to implement Specific Appropriations
853 3145 through 3212 of the 2017-2018 General Appropriations Act,
854 subsection (2) of section 215.18, Florida Statutes, is amended
855 to read:
856 215.18 Transfers between funds; limitation.—
857 (2) The Chief Justice of the Supreme Court may receive one
858 or more trust fund loans to ensure that the state court system
859 has funds sufficient to meet its appropriations in the 2017-2018
860 2016-2017 General Appropriations Act. If the Chief Justice
861 accesses the loan, he or she must notify the Governor and the
862 chairs of the legislative appropriations committees in writing.
863 The loan must come from other funds in the State Treasury which
864 are for the time being or otherwise in excess of the amounts
865 necessary to meet the just requirements of such last-mentioned
866 funds. The Governor shall order the transfer of funds within 5
867 days after the written notification from the Chief Justice. If
868 the Governor does not order the transfer, the Chief Financial
869 Officer shall transfer the requested funds. The loan of funds
870 from which any money is temporarily transferred must be repaid
871 by the end of the 2017-2018 2016-2017 fiscal year. This
872 subsection expires July 1, 2018 2017.
873 Section 25. In order to implement Specific Appropriation
874 727, and notwithstanding s. 216.292, Florida Statutes, the
875 Department of Corrections is authorized to submit budget
876 amendments to transfer funds from categories within the
877 department other than fixed capital outlay categories into the
878 Inmate Health Services category in order to continue the current
879 level of care in the provision of health services. Such
880 transfers are subject to the notice, review, and objection
881 procedures of s. 216.177, Florida Statutes. This section expires
882 July 1, 2018.
883 Section 26. (1) In order to implement Specific
884 Appropriations 1104 through 1116A of the 2017-2018 General
885 Appropriations Act, the Department of Juvenile Justice is
886 required to review county juvenile detention payments to ensure
887 that counties fulfill their financial responsibilities required
888 in s. 985.686, Florida Statutes. If the Department of Juvenile
889 Justice determines that a county has not met its obligations,
890 the department shall direct the Department of Revenue to deduct
891 the amount owed to the Department of Juvenile Justice from the
892 funds provided to the county under s. 218.23, Florida Statutes.
893 The Department of Revenue shall transfer the funds withheld to
894 the Shared County/State Juvenile Detention Trust Fund.
895 (2) As an assurance to holders of bonds issued by counties
896 before July 1, 2016, for which distributions made pursuant to s.
897 218.23, Florida Statutes, are pledged, or bonds issued to refund
898 such bonds which mature no later than the bonds they refunded
899 and which result in a reduction of debt service payable in each
900 fiscal year, the amount available for distribution to a county
901 shall remain as provided by law and continue to be subject to
902 any lien or claim on behalf of the bondholders. The Department
903 of Revenue must ensure, based on information provided by an
904 affected county, that any reduction in amounts distributed
905 pursuant to subsection (1) does not reduce the amount of
906 distribution to a county below the amount necessary for the
907 timely payment of principal and interest when due on the bonds
908 and the amount necessary to comply with any covenant under the
909 bond resolution or other documents relating to the issuance of
910 the bonds. If a reduction to a county’s monthly distribution
911 must be decreased in order to comply with this subsection, the
912 Department of Revenue must notify the Department of Juvenile
913 Justice of the amount of the decrease, and the Department of
914 Juvenile Justice must send a bill for payment of such amount to
915 the affected county.
916 (3) This section expires July 1, 2018.
917 Section 27. In order to implement Specific Appropriations
918 1104 through 1116A of the 2017-2018 General Appropriations Act,
919 the Department of Juvenile Justice may not provide, make, pay,
920 or deduct, and a nonfiscally constrained county may not apply,
921 deduct, or receive any reimbursement or any credit for any
922 previous overpayment of juvenile detention care costs related to
923 or for any previous state fiscal year, against the juvenile
924 detention care costs due from the nonfiscally constrained county
925 in the 2017-2018 fiscal year pursuant to s. 985.686, Florida
926 Statutes, or any other law. This section expires July 1, 2018.
927 Section 28. In order to implement Specific Appropriation
928 782 of the 2017-2018 General Appropriations Act, subsection (13)
929 is added to section 27.5304, Florida Statutes, to read:
930 27.5304 Private court-appointed counsel; compensation;
931 notice.—
932 (13) Notwithstanding the limitation set forth in subsection
933 (5) and for the 2017-2018 fiscal year only, the compensation for
934 representation in a criminal proceeding may not exceed the
935 following:
936 (a) For misdemeanors and juveniles represented at the trial
937 level: $1,000.
938 (b) For noncapital, nonlife felonies represented at the
939 trial level: $15,000.
940 (c) For life felonies represented at the trial level:
941 $15,000.
942 (d) For capital cases represented at the trial level:
943 $25,000. For purposes of this paragraph, a “capital case” is any
944 offense for which the potential sentence is death and the state
945 has not waived seeking the death penalty.
946 (e) For representation on appeal: $9,000.
947 (f) This subsection expires July 1, 2018.
948 Section 29. In order to implement Specific Appropriation
949 774 of the 2017-2018 General Appropriations Act, and
950 notwithstanding ss. 28.35 and 40.24, Florida Statutes, the
951 Justice Administrative Commission shall provide funds to the
952 clerks of the circuit court to pay compensation to jurors, for
953 meals or lodging provided to jurors, and for jury-related
954 personnel costs as provided in this section. Each clerk of the
955 circuit court shall forward to the Justice Administrative
956 Commission a quarterly estimate of funds necessary to pay
957 compensation to jurors and for meals or lodging provided to
958 jurors. The Florida Clerks of Court Operations Corporation shall
959 forward to the Justice Administrative Commission a quarterly
960 estimate of jury-related personnel costs necessary to pay each
961 clerk of the circuit court personnel costs related to jury
962 management. Upon receipt of such estimates, the Justice
963 Administrative Commission shall endorse the amount deemed
964 necessary for payment to the clerks of the circuit court during
965 the quarter and shall submit a request for payment to the Chief
966 Financial Officer. If the Justice Administrative Commission
967 believes that the amount appropriated by the Legislature is
968 insufficient to meet such costs during the remaining part of the
969 state fiscal year, the commission may apportion the funds
970 appropriated in the General Appropriations Act for those
971 purposes among the several counties, basing the apportionment
972 upon the amount expended for such purposes in each county during
973 the prior fiscal year. In that case, the Chief Financial Officer
974 shall only issue the appropriate apportioned amount by warrant
975 to each county. The clerks of the circuit court are responsible
976 for any costs of compensation to jurors, for meals or lodging
977 provided to jurors, and for jury-related personnel costs that
978 exceed the funding provided in the General Appropriations Act
979 for these purposes. This section expires July 1, 2018.
980 Section 30. In order to implement Specific Appropriation
981 1986B in the 2017-2018 General Appropriations Act:
982 (1) There is created the Florida Criminal Justice Reform
983 Task Force within the Legislature. The task force is created for
984 the purpose of conducting a comprehensive review of the state’s
985 criminal justice system, court system, and corrections system.
986 (2) The task force is composed of the following members:
987 (a) Two members of the Senate, appointed by the President
988 of the Senate.
989 (b) Two members of the House of Representatives, appointed
990 by the Speaker of the House of Representatives.
991 (c) Two circuit judges, one of whom must have presided over
992 a mental health court or drug court, appointed by the chair of
993 the Conference of Circuit Judges of Florida.
994 (d) Two county court judges, appointed by the chair of the
995 Conference of County Court Judges of Florida.
996 (e) A justice of the Supreme Court or judge of a district
997 court of appeal, appointed by the Chief Justice of the Supreme
998 Court.
999 (f) A representative of the Florida State University
1000 Project on Accountable Justice, appointed by the chair of the
1001 project’s executive board.
1002 (g) A representative of a victim’s advocacy group,
1003 appointed by the Governor from a list of three nominees
1004 recommended by the chairs of the committees in the Senate and
1005 the House of Representatives with jurisdiction over criminal
1006 justice matters.
1007 (h) Two county commissioners, appointed by the Florida
1008 Association of Counties.
1009 (i) A formerly incarcerated individual who has demonstrated
1010 exceptional commitment to rehabilitation and community
1011 improvement, appointed by the Governor from a list of three
1012 nominees jointly recommended by the chairs of the committees in
1013 the Senate and the House of Representatives with jurisdiction
1014 over criminal justice matters.
1015 (j) Two representatives of the faith community, either
1016 clergy or employees of faith-based policy organizations,
1017 appointed by the Governor from a list of three nominees jointly
1018 recommended by the chairs of the committees in the Senate and
1019 the House of Representatives with jurisdiction over criminal
1020 justice matters.
1021 (k) The chairs of the committees of the Senate and the
1022 House of Representatives with jurisdiction over criminal justice
1023 matters or their designees.
1024 (l) Two designees of the Executive Office of the Governor
1025 with demonstrated knowledge in the criminal justice field.
1026 (m) The Attorney General or his or her designee.
1027 (n) The Secretary of Corrections or his or her designee.
1028 (o) The Secretary of Juvenile Justice or his or her
1029 designee.
1030 (p) The president of the Florida Prosecuting Attorneys
1031 Association or his or her designee.
1032 (q) The president of the Florida Public Defenders
1033 Association or his or her designee.
1034 (r) The president of the Florida Association of Criminal
1035 Defense Lawyers or his or her designee.
1036 (s) The president of the Florida Sheriffs Association or
1037 his or her designee.
1038 (t) The president of the Florida Police Chiefs Association
1039 or his or her designee.
1040 (3) The task force shall use a data-driven approach to
1041 study, evaluate, analyze, and undertake a comprehensive review
1042 of the state’s adult criminal justice system and develop
1043 sentencing and corrections policy recommendations for proposed
1044 legislation to carry out the goals of reducing correctional
1045 populations and associated correctional spending by focusing
1046 prison capacity on serious offenses and violent criminals,
1047 holding offenders accountable more efficiently by implementing
1048 or expanding research-based supervision and sentencing
1049 practices, and reinvesting savings into strategies shown to
1050 decrease recidivism, including reentry outcomes.
1051 (4) The task force shall submit a report of its findings,
1052 conclusions, and recommendations for proposed legislation to the
1053 President of the Senate and the Speaker of the House of
1054 Representatives by the date of convening of the 2018 Regular
1055 Session of the Legislature.
1056 (5) This section expires July 1, 2018.
1057 Section 31. In order to implement appropriations used to
1058 pay existing lease contracts for private lease space in excess
1059 of 2,000 square feet in the 2017-2018 General Appropriations
1060 Act, the Department of Management Services, with the cooperation
1061 of the agencies having the existing lease contracts for office
1062 or storage space, shall use tenant broker services to
1063 renegotiate or reprocure all private lease agreements for office
1064 or storage space expiring between July 1, 2017, and June 30,
1065 2020, in order to reduce costs in future years. The department
1066 shall incorporate this initiative into its 2017 master leasing
1067 report required under s. 255.249(7), Florida Statutes, and may
1068 use tenant broker services to explore the possibilities of
1069 collocating office or storage space, to review the space needs
1070 of each agency, and to review the length and terms of potential
1071 renewals or renegotiations. The department shall provide a
1072 report to the Executive Office of the Governor, the President of
1073 the Senate, and the Speaker of the House of Representatives by
1074 November 1, 2017, which lists each lease contract for private
1075 office or storage space, the status of renegotiations, and the
1076 savings achieved. This section expires July 1, 2018.
1077 Section 32. In order to implement Specific Appropriations
1078 2864 through 2876A of the 2017-2018 General Appropriations Act,
1079 upon the expiration and reversion of the amendment to section
1080 282.709, Florida Statutes, pursuant to section 72 of chapter
1081 2016-62, Laws of Florida, paragraph (a) of subsection (2) of
1082 section 282.709, Florida Statutes, is amended to read:
1083 282.709 State agency law enforcement radio system and
1084 interoperability network.—
1085 (2) The Joint Task Force on State Agency Law Enforcement
1086 Communications is created adjunct to the department to advise
1087 the department of member-agency needs relating to the planning,
1088 designing, and establishment of the statewide communication
1089 system.
1090 (a) The Joint Task Force on State Agency Law Enforcement
1091 Communications shall consist of the following members:
1092 1. A representative of the Division of Alcoholic Beverages
1093 and Tobacco of the Department of Business and Professional
1094 Regulation who shall be appointed by the secretary of the
1095 department.
1096 2. A representative of the Division of Florida Highway
1097 Patrol of the Department of Highway Safety and Motor Vehicles
1098 who shall be appointed by the executive director of the
1099 department.
1100 3. A representative of the Department of Law Enforcement
1101 who shall be appointed by the executive director of the
1102 department.
1103 4. A representative of the Fish and Wildlife Conservation
1104 Commission who shall be appointed by the executive director of
1105 the commission.
1106 5. A representative of the Department of Corrections who
1107 shall be appointed by the secretary of the department.
1108 6. A representative of the Division of Investigative and
1109 Forensic Services of the Department of Financial Services who
1110 shall be appointed by the Chief Financial Officer.
1111 7. A representative of the Department of Transportation who
1112 shall be appointed by the secretary of the department.
1113 8. A representative of the Department of Agriculture and
1114 Consumer Services who shall be appointed by the Commissioner of
1115 Agriculture.
1116 Section 33. In order to implement Specific Appropriations
1117 2768 through 2780A of the 2017-2018 General Appropriations Act,
1118 and notwithstanding rule 60A-1.031, Florida Administrative Code,
1119 the transaction fee collected for use of the online procurement
1120 system, authorized in ss. 287.042(1)(h)1. and 287.057(22)(c),
1121 Florida Statutes, is seven-tenths of 1 percent for the 2017-2018
1122 fiscal year only. This section expires July 1, 2018.
1123 Section 34. In order to implement appropriations authorized
1124 in the 2017-2018 General Appropriations Act for data center
1125 services, and notwithstanding s. 216.292(2)(a), Florida
1126 Statutes, an agency may not transfer funds from a data
1127 processing category to a category other than another data
1128 processing category. This section expires July 1, 2018.
1129 Section 35. In order to implement the appropriation of
1130 funds in the appropriation category “Data Processing Assessment
1131 Agency for State Technology” in the 2017-2018 General
1132 Appropriations Act, and pursuant to the notice, review, and
1133 objection procedures of s. 216.177, Florida Statutes, the
1134 Executive Office of the Governor may transfer funds appropriated
1135 in that category between departments in order to align the
1136 budget authority granted based on the estimated billing cycle
1137 and methodology used by the Agency for State Technology for data
1138 processing services provided. This section expires July 1, 2018.
1139 Section 36. In order to implement Specific Appropriation
1140 2856 of the 2017-2018 General Appropriations Act, the Executive
1141 Office of the Governor may transfer funds appropriated in the
1142 appropriation category “Expenses” of the 2017-2018 General
1143 Appropriations Act between agencies in order to allocate a
1144 reduction relating to SUNCOM Network services. This section
1145 expires July 1, 2018.
1146 Section 37. In order to implement the appropriation of
1147 funds in the appropriation category “Special Categories-Risk
1148 Management Insurance” in the 2017-2018 General Appropriations
1149 Act, and pursuant to the notice, review, and objection
1150 procedures of s. 216.177, Florida Statutes, the Executive Office
1151 of the Governor may transfer funds appropriated in that category
1152 between departments in order to align the budget authority
1153 granted with the premiums paid by each department for risk
1154 management insurance. This section expires July 1, 2018.
1155 Section 38. In order to implement the appropriation of
1156 funds in the appropriation category “Special Categories-Transfer
1157 to Department of Management Services-Human Resources Services
1158 Purchased per Statewide Contract” in the 2017-2018 General
1159 Appropriations Act, and pursuant to the notice, review, and
1160 objection procedures of s. 216.177, Florida Statutes, the
1161 Executive Office of the Governor may transfer funds appropriated
1162 in that category between departments in order to align the
1163 budget authority granted with the assessments that must be paid
1164 by each agency to the Department of Management Services for
1165 human resource management services. This section expires July 1,
1166 2018.
1167 Section 39. In order to implement Specific Appropriation
1168 2334 of the 2017-2018 General Appropriations Act:
1169 (1) The Department of Financial Services shall replace the
1170 four main components of the Florida Accounting Information
1171 Resource Subsystem (FLAIR), which include central FLAIR,
1172 departmental FLAIR, payroll, and information warehouse, and
1173 shall replace the cash management and accounting management
1174 components of the Cash Management Subsystem (CMS) with an
1175 integrated enterprise system that allows the state to organize,
1176 define, and standardize its financial management business
1177 processes and that complies with ss. 215.90-215.96, Florida
1178 Statutes. The department may not include in the replacement of
1179 FLAIR and CMS:
1180 (a) Functionality that duplicates any of the other
1181 information subsystems of the Florida Financial Management
1182 Information System; or
1183 (b) Agency business processes related to any of the
1184 functions included in the Personnel Information System, the
1185 Purchasing Subsystem, or the Legislative Appropriations
1186 System/Planning and Budgeting Subsystem.
1187 (2) For purposes of replacing FLAIR and CMS, the Department
1188 of Financial Services shall:
1189 (a) Take into consideration the cost and implementation
1190 data identified for Option 3 as recommended in the March 31,
1191 2014, Florida Department of Financial Services FLAIR Study,
1192 version 031.
1193 (b) Ensure that all business requirements and technical
1194 specifications have been provided to all state agencies for
1195 their review and input and approved by the executive steering
1196 committee established in paragraph (c).
1197 (c) Implement a project governance structure that includes
1198 an executive steering committee composed of:
1199 1. The Chief Financial Officer or the executive sponsor of
1200 the project.
1201 2. A representative of the Division of Treasury of the
1202 Department of Financial Services, appointed by the Chief
1203 Financial Officer.
1204 3. A representative of the Division of Information Systems
1205 of the Department of Financial Services, appointed by the Chief
1206 Financial Officer.
1207 4. Four employees from the Division of Accounting and
1208 Auditing of the Department of Financial Services, appointed by
1209 the Chief Financial Officer. Each employee must have experience
1210 relating to at least one of the four main components that
1211 compose FLAIR.
1212 5. Two employees from the Executive Office of the Governor,
1213 appointed by the Governor. One employee must have experience
1214 relating to the Legislative Appropriations System/Planning and
1215 Budgeting Subsystem.
1216 6. One employee from the Department of Revenue, appointed
1217 by the executive director, who has experience relating to the
1218 department’s SUNTAX system.
1219 7. Two employees from the Department of Management
1220 Services, appointed by the Secretary of Management Services. One
1221 employee must have experience relating to the department’s
1222 personnel information subsystem and one employee must have
1223 experience relating to the department’s purchasing subsystem.
1224 8. Three state agency administrative services directors,
1225 appointed by the Governor. One director must represent a
1226 regulatory and licensing state agency and one director must
1227 represent a health care-related state agency.
1228 (3) The Chief Financial Officer or the executive sponsor of
1229 the project shall serve as chair of the executive steering
1230 committee, and the committee shall take action by a vote of at
1231 least eight affirmative votes with the Chief Financial Officer
1232 or the executive sponsor of the project voting on the prevailing
1233 side. A quorum of the executive steering committee consists of
1234 at least 10 members.
1235 (4) The executive steering committee has the overall
1236 responsibility for ensuring that the project to replace FLAIR
1237 and CMS meets its primary business objectives and shall:
1238 (a) Identify and recommend to the Executive Office of the
1239 Governor, the President of the Senate, and the Speaker of the
1240 House of Representatives any statutory changes needed to
1241 implement the replacement subsystem that will standardize, to
1242 the fullest extent possible, the state’s financial management
1243 business processes.
1244 (b) Review and approve any changes to the project’s scope,
1245 schedule, and budget which do not conflict with the requirements
1246 of subsection (1).
1247 (c) Ensure that adequate resources are provided throughout
1248 all phases of the project.
1249 (d) Approve all major project deliverables.
1250 (e) Approve all solicitation-related documents associated
1251 with the replacement of FLAIR and CMS.
1252
1253 This section expires July 1, 2018.
1254 Section 40. In order to implement Specific Appropriation
1255 1552 of the 2017-2018 General Appropriations Act, paragraph (m)
1256 of subsection (3) of section 259.105, Florida Statutes, is
1257 amended to read:
1258 259.105 The Florida Forever Act.—
1259 (3) Less the costs of issuing and the costs of funding
1260 reserve accounts and other costs associated with bonds, the
1261 proceeds of cash payments or bonds issued pursuant to this
1262 section shall be deposited into the Florida Forever Trust Fund
1263 created by s. 259.1051. The proceeds shall be distributed by the
1264 Department of Environmental Protection in the following manner:
1265 (m) Notwithstanding paragraphs (a)-(j), and for the 2017
1266 2018 2016-2017 fiscal year only:
1267 1. The amount of $10,156,206 $15,156,206 to only the
1268 Division of State Lands within the Department of Environmental
1269 Protection for the Board of Trustees Florida Forever Priority
1270 List land acquisition projects.
1271 2. Five Thirty-five million dollars shall be spent on land
1272 acquisition within the Florida Keys Area of Critical State
1273 Concern as authorized pursuant to s. 259.045 to the Department
1274 of Agriculture and Consumer Services for the acquisition of
1275 agricultural lands through perpetual conservation easements and
1276 other perpetual less-than-fee techniques, which will achieve the
1277 objectives of Florida Forever and s. 570.71.
1278 3.a. Notwithstanding any allocation required pursuant to
1279 paragraph (c), $10 million shall be allocated to the Florida
1280 Communities Trust for projects acquiring conservation or
1281 recreation lands to enhance recreational opportunities for
1282 individuals with unique abilities.
1283 b. The Department of Environmental Protection may waive the
1284 local government matching fund requirement of paragraph (c) for
1285 projects acquiring conservation or recreation lands to enhance
1286 recreational opportunities for individuals with unique
1287 abilities.
1288 c. Notwithstanding sub-subparagraphs a. and b., any funds
1289 required to be used to acquire conservation or recreation lands
1290 to enhance recreational opportunities for individuals with
1291 unique abilities which have not been awarded for those purposes
1292 by May 1, 2017, may be awarded to redevelop or renew outdoor
1293 recreational facilities on public lands, including recreational
1294 trails, parks, and urban open spaces, together with improvements
1295 required to enhance recreational enjoyment and public access to
1296 public lands, if such redevelopment and renewal is primarily
1297 geared toward enhancing recreational opportunities for
1298 individuals with unique abilities. The department may waive the
1299 local matching requirement of paragraph (c) for such
1300 redevelopment and renewal projects.
1301
1302 This paragraph expires July 1, 2018 2017.
1303 Section 41. In order to implement Specific Appropriations
1304 1603B, 1603C, and 1604 of the 2017-2018 General Appropriations
1305 Act, paragraph (d) of subsection (11) of section 216.181,
1306 Florida Statutes, is amended to read:
1307 216.181 Approved budgets for operations and fixed capital
1308 outlay.—
1309 (11)
1310 (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
1311 for the 2017-2018 2016-2017 fiscal year only, the Legislative
1312 Budget Commission may increase the amounts appropriated to the
1313 Fish and Wildlife Conservation Commission or the Department of
1314 Environmental Protection for fixed capital outlay projects,
1315 including additional fixed capital outlay projects, using funds
1316 provided to the state from the Gulf Environmental Benefit Fund
1317 administered by the National Fish and Wildlife Foundation; funds
1318 provided to the state from the Gulf Coast Restoration Trust Fund
1319 related to the Resources and Ecosystems Sustainability, Tourist
1320 Opportunities, and Revived Economies of the Gulf Coast Act of
1321 2012 (RESTORE Act); or funds provided by the British Petroleum
1322 Corporation (BP) for natural resource damage assessment
1323 restoration projects. Concurrent with submission of an amendment
1324 to the Legislative Budget Commission pursuant to this paragraph,
1325 any project that carries a continuing commitment for future
1326 appropriations by the Legislature must be specifically
1327 identified, together with the projected amount of the future
1328 commitment associated with the project and the fiscal years in
1329 which the commitment is expected to commence. This paragraph
1330 expires July 1, 2018 2017.
1331
1332 The provisions of this subsection are subject to the notice and
1333 objection procedures set forth in s. 216.177.
1334 Section 42. In order to implement specific appropriations
1335 from the Water Quality Assurance Trust Fund within the
1336 Department of Environmental Protection contained in the 2017
1337 2018 General Appropriations Act, upon the expiration and
1338 reversion of the amendment to section 206.9935, Florida
1339 Statutes, pursuant to section 87 of chapter 2016-62, Laws of
1340 Florida, paragraph (b) of subsection (2) of section 206.9935,
1341 Florida Statutes, is amended to read:
1342 206.9935 Taxes imposed.—
1343 (2) TAX FOR WATER QUALITY.—
1344 (b) The excise tax shall be the applicable rate as
1345 specified in subparagraph 1. per barrel or per unit of
1346 pollutant, or equivalent measure as established by the
1347 department, produced in or imported into the state. If the
1348 unobligated balance of the Water Quality Assurance Trust Fund is
1349 or falls below $3 million, the tax shall be increased to the
1350 applicable rates specified in subparagraph 2. and shall remain
1351 at said rates until the unobligated balance in the fund exceeds
1352 $5 million, at which time the tax shall be imposed at the rates
1353 specified in subparagraph 1. If the unobligated balance of the
1354 fund exceeds $12 million, the levy of the tax shall be
1355 discontinued until the unobligated balance of the fund falls
1356 below $5 million, at which time the tax shall be imposed at the
1357 rates specified in subparagraph 1. Changes in the tax rates
1358 pursuant to this paragraph shall take effect on the first day of
1359 the month after 30 days’ notification to the Department of
1360 Revenue when the unobligated balance of the fund falls below or
1361 exceeds a limit set pursuant to this paragraph. The unobligated
1362 balance of the Water Quality Assurance Trust Fund as it relates
1363 to determination of the applicable excise tax rate shall exclude
1364 the unobligated balances of funds of the Dry Cleaning, Operator
1365 Certification, and nonagricultural nonpoint source programs, and
1366 other required reservations of fund balance. The unobligated
1367 balance in the Water Quality Assurance Trust Fund is based upon
1368 the current unreserved fund balance, projected revenues,
1369 authorized legislative appropriations, and funding for the
1370 department’s base budget for the subsequent fiscal year. For the
1371 2017-2018 fiscal year only, revenues for penalties collected
1372 pursuant to s. 403.121(11) and all moneys recovered under s.
1373 373.430(7) are exempt from the calculation of the unobligated
1374 balance of the Water Quality Assurance Trust Fund. Determination
1375 of the unobligated balance of the Water Quality Assurance Trust
1376 Fund shall be performed annually subsequent to the annual
1377 legislative appropriations becoming law.
1378 1. As provided in this paragraph, the tax shall be 2.36
1379 cents per gallon of solvents, 1 cent per gallon of motor oil or
1380 other lubricants, and 2 cents per barrel of petroleum products,
1381 pesticides, ammonia, and chlorine.
1382 2. As provided in this paragraph, the tax shall be 5.9
1383 cents per gallon of solvents, 2.5 cents per gallon of motor oil
1384 or other lubricants, 2 cents per barrel of ammonia, and 5 cents
1385 per barrel of petroleum products, pesticides, and chlorine.
1386 Section 43. In order to implement Specific Appropriation
1387 1676 of the 2017-2018 General Appropriations Act, subsection (3)
1388 of section 403.7095, Florida Statutes, is amended to read:
1389 403.7095 Solid waste management grant program.—
1390 (3) Notwithstanding any other provision of this section,
1391 and for the 2017-2018 2016-2017 fiscal year only, the Department
1392 of Environmental Protection shall award the sum of $3 million in
1393 grants in the 2017-2018 2016-2017 fiscal year equally to
1394 counties having populations of fewer than 110,000 for waste tire
1395 and litter prevention, recycling education, and general solid
1396 waste programs. This subsection expires July 1, 2018 2017.
1397 Section 44. In order to implement specific appropriations
1398 from the land acquisition trust funds within the Department of
1399 Agriculture and Consumer Services, the Department of
1400 Environmental Protection, the Department of State, and the Fish
1401 and Wildlife Conservation Commission, which are contained in the
1402 2017-2018 General Appropriations Act, subsection (3) of section
1403 215.18, Florida Statutes, is amended to read:
1404 215.18 Transfers between funds; limitation.—
1405 (3) Notwithstanding subsection (1) and only with respect to
1406 a land acquisition trust fund in the Department of Agriculture
1407 and Consumer Services, the Department of Environmental
1408 Protection, the Department of State, or the Fish and Wildlife
1409 Conservation Commission, whenever there is a deficiency in a
1410 land acquisition trust fund which would render that trust fund
1411 temporarily insufficient to meet its just requirements,
1412 including the timely payment of appropriations from that trust
1413 fund, and other trust funds in the State Treasury have moneys
1414 that are for the time being or otherwise in excess of the
1415 amounts necessary to meet the just requirements, including
1416 appropriated obligations, of those other trust funds, the
1417 Governor may order a temporary transfer of moneys from one or
1418 more of the other trust funds to a land acquisition trust fund
1419 in the Department of Agriculture and Consumer Services, the
1420 Department of Environmental Protection, the Department of State,
1421 or the Fish and Wildlife Conservation Commission. Any action
1422 proposed pursuant to this subsection is subject to the notice,
1423 review, and objection procedures of s. 216.177, and the Governor
1424 shall provide notice of such action at least 7 days before the
1425 effective date of the transfer of trust funds, except that
1426 during July 2017 2016, notice of such action shall be provided
1427 at least 3 days before the effective date of a transfer unless
1428 such 3-day notice is waived by the chair and vice-chair of the
1429 Legislative Budget Commission. Any transfer of trust funds to a
1430 land acquisition trust fund in the Department of Agriculture and
1431 Consumer Services, the Department of Environmental Protection,
1432 the Department of State, or the Fish and Wildlife Conservation
1433 Commission must be repaid to the trust funds from which the
1434 moneys were loaned by the end of the 2017-2018 2016-2017 fiscal
1435 year. The Legislature has determined that the repayment of the
1436 other trust fund moneys temporarily loaned to a land acquisition
1437 trust fund in the Department of Agriculture and Consumer
1438 Services, the Department of Environmental Protection, the
1439 Department of State, or the Fish and Wildlife Conservation
1440 Commission pursuant to this subsection is an allowable use of
1441 the moneys in a land acquisition trust fund because the moneys
1442 from other trust funds temporarily loaned to a land acquisition
1443 trust fund shall be expended solely and exclusively in
1444 accordance with s. 28, Art. X of the State Constitution. This
1445 subsection expires July 1, 2018 2017.
1446 Section 45. (1) In order to implement specific
1447 appropriations from the land acquisition trust funds within the
1448 Department of Agriculture and Consumer Services, the Department
1449 of Environmental Protection, the Department of State, and the
1450 Fish and Wildlife Conservation Commission, which are contained
1451 in the 2017-2018 General Appropriations Act, the Department of
1452 Environmental Protection shall transfer revenues from the Land
1453 Acquisition Trust Fund within the department to the land
1454 acquisition trust funds within the Department of Agriculture and
1455 Consumer Services, the Department of State, and the Fish and
1456 Wildlife Conservation Commission, as provided in this section.
1457 As used in this section, the term “department” means the
1458 Department of Environmental Protection.
1459 (2) After subtracting any required debt service payments,
1460 the proportionate share of revenues to be transferred to each
1461 land acquisition trust fund shall be calculated by dividing the
1462 appropriations from each of the land acquisition trust funds for
1463 the fiscal year by the total appropriations from the Land
1464 Acquisition Trust Fund within the department and the land
1465 acquisition trust funds within the Department of Agriculture and
1466 Consumer Services, the Department of State, and the Fish and
1467 Wildlife Commission for the fiscal year. The department shall
1468 transfer the proportionate share of the revenues in the Land
1469 Acquisition Trust Fund within the department on a monthly basis
1470 to the appropriate land acquisition trust funds within the
1471 Department of Agriculture and Consumer Services, the Department
1472 of State, and the Fish and Wildlife Commission and shall retain
1473 its proportionate share of the revenues in the Land Acquisition
1474 Trust Fund within the department. Total distributions to a land
1475 acquisition trust fund within the Department of Agriculture and
1476 Consumer Services, the Department of State, and the Fish and
1477 Wildlife Commission may not exceed the total appropriations from
1478 such trust fund for the fiscal year.
1479 (3) In addition, the department shall transfer from the
1480 Land Acquisition Trust Fund to land acquisition trust funds
1481 within the Department of Agriculture and Consumer Services, the
1482 Department of State, and the Fish and Wildlife Conservation
1483 Commission amounts equal to the difference between the amounts
1484 appropriated in chapter 2016-66, Laws of Florida, to the
1485 department’s Land Acquisition Trust Fund and the other land
1486 acquisition trust funds, and the amounts actually transferred
1487 between those trust funds during the 2016-2017 fiscal year.
1488 (4) This section expires July 1, 2018.
1489 Section 46. In order to implement Specific Appropriation
1490 2661 of the 2017-2018 General Appropriations Act, the Department
1491 of Highway Safety and Motor Vehicles shall contract with the
1492 corporation organized pursuant to part II of chapter 946,
1493 Florida Statutes, to manufacture the current or newly redesigned
1494 license plates, with such contract being in the same manner and
1495 for the same price as that paid by the department during the
1496 2016-2017 fiscal year.
1497 Section 47. In order to implement Specific Appropriations
1498 2612 and 2616 of the 2017-2018 General Appropriations Act:
1499 (1) There is created a law enforcement workgroup assigned
1500 to the Department of Highway Safety and Motor Vehicles.
1501 (2) The workgroup shall convene no later than September 1,
1502 2017, and shall be composed of the following members:
1503 (a) A representative of the University of South Florida’s
1504 Center for Urban Transportation Research, who shall serve as the
1505 chair of the workgroup.
1506 (b) Three representatives of the Florida Sheriffs
1507 Association, appointed by the association’s executive director.
1508 (c) Three representatives of the Florida Highway Patrol
1509 (FHP), appointed by the Director Colonel of the FHP.
1510 (d) Three representatives of the Florida Police Chiefs
1511 Association, appointed by the president of the association’s
1512 executive board.
1513 (e) The executive director of the Florida Association of
1514 Counties, or his or her designee.
1515 (f) The director of the Division of Emergency Management,
1516 or his or her designee.
1517 (g) The president of the Florida Police Benevolent
1518 Association, or his or her designee.
1519 (h) A representative of the Office of the Attorney General,
1520 appointed by the Attorney General.
1521 (3) Members of the workgroup shall serve without
1522 compensation but are entitled to reimbursement for per diem and
1523 travel expenses in accordance with s. 112.061, Florida Statutes.
1524 Per diem and travel expenses incurred by a member of the
1525 workgroup shall be paid from funds budgeted to the state agency
1526 or entity that the member represents.
1527 (4) The workgroup shall review the FHP’s response to calls
1528 for service, including current resource allocation. The
1529 workgroup shall also compare FHP resources to those of local law
1530 enforcement entities and other state highway patrol agencies to
1531 determine whether additional resources are necessary to improve
1532 the response time to calls for service and to perform other
1533 duties outlined in chapter 321, Florida Statutes. In addition,
1534 the workgroup shall identify potential partnerships with local
1535 law enforcement entities and consider optional funding sources
1536 for those agencies to address needs associated with traffic
1537 crash investigations.
1538 (5) The Department of Highway Safety and Motor Vehicles
1539 shall provide administrative support to the workgroup and shall
1540 contract with the University of South Florida’s Center for Urban
1541 Transportation Research to perform the duties of the independent
1542 third-party chair.
1543 (6) The chair of the workgroup shall provide the
1544 workgroup’s consensus recommendations in a report to the
1545 Governor, the President of the Senate, and the Speaker of the
1546 House of Representatives by January 1, 2018, at which time the
1547 workgroup shall terminate.
1548 Section 48. In order to implement Specific Appropriation
1549 1869 of the 2017-2018 General Appropriations Act, section
1550 316.0898, Florida Statutes, is created to read:
1551 316.0898 Florida Smart City Challenge grant program.—
1552 (1) The Department of Transportation, in consultation with
1553 the Department of Highway Safety and Motor Vehicles, shall
1554 develop the Florida Smart City Challenge grant program and shall
1555 establish grant award requirements for municipalities or regions
1556 for the purpose of receiving grant awards. Grant applicants must
1557 demonstrate and document the adoption of emerging technologies
1558 and their impact on the transportation system and must address
1559 at least the following focus areas:
1560 (a) Autonomous vehicles.
1561 (b) Connected vehicles.
1562 (c) Sensor-based infrastructure.
1563 (d) Collecting and using data.
1564 (e) Electric vehicles, including charging stations.
1565 (f) Developing strategic models and partnerships.
1566 (2) The goals of the grant program include, but are not
1567 limited to:
1568 (a) Identifying transportation challenges and identifying
1569 how emerging technologies can address those challenges.
1570 (b) Determining the emerging technologies and strategies
1571 that have the potential to provide the most significant impacts.
1572 (c) Encouraging municipalities to take significant steps to
1573 integrate emerging technologies into their day-to-day
1574 operations.
1575 (d) Identifying the barriers to implementing the grant
1576 program and communicating those barriers to the Legislature and
1577 appropriate agencies and organizations.
1578 (e) Leveraging the initial grant to attract additional
1579 public and private investments.
1580 (f) Increasing the state’s competitiveness in the pursuit
1581 of grants from the United States Department of Transportation,
1582 the United States Department of Energy, and other federal
1583 agencies.
1584 (g) Committing to the continued operation of programs
1585 implemented in connection with the grant.
1586 (h) Serving as a model for municipalities nationwide.
1587 (i) Documenting the costs and impacts of the grant program
1588 and lessons learned during implementation.
1589 (j) Identifying solutions that will demonstrate local or
1590 regional economic impact.
1591 (3) The Department of Transportation shall develop
1592 eligibility, application, and selection criteria for the program
1593 grants and a plan for the promotion of the grant program to
1594 municipalities or regions of this state as an opportunity to
1595 compete for grant funding, including the award of grants to a
1596 single recipient and secondary grants to specific projects of
1597 merit within other applications. The Department of
1598 Transportation may contract with a third party that demonstrates
1599 knowledge and expertise in the focuses and goals of this section
1600 to provide guidance in the development of the requirements of
1601 this section.
1602 (4) On or before January 1, 2018, the Department of
1603 Transportation shall submit the grant program guidelines and
1604 plans for promotion of the grant program to the Governor, the
1605 President of the Senate, and the Speaker of the House of
1606 Representatives.
1607 (5) This section expires July 1, 2018.
1608 Section 49. In order to implement Specific Appropriation
1609 1890 of the 2017-2018 General Appropriations Act, upon the
1610 expiration and reversion of the amendment to section 341.302,
1611 Florida Statutes, pursuant to section 100 of chapter 2016-62,
1612 Laws of Florida, subsection (10) of section 341.302, Florida
1613 Statutes, is amended to read:
1614 341.302 Rail program; duties and responsibilities of the
1615 department.—The department, in conjunction with other
1616 governmental entities, including the rail enterprise and the
1617 private sector, shall develop and implement a rail program of
1618 statewide application designed to ensure the proper maintenance,
1619 safety, revitalization, and expansion of the rail system to
1620 assure its continued and increased availability to respond to
1621 statewide mobility needs. Within the resources provided pursuant
1622 to chapter 216, and as authorized under federal law, the
1623 department shall:
1624 (10)(a) Administer rail operating and construction
1625 programs, which programs shall include the regulation of maximum
1626 train operating speeds, the opening and closing of public grade
1627 crossings, the construction and rehabilitation of public grade
1628 crossings, and the installation of traffic control devices at
1629 public grade crossings, and administration the administering of
1630 the programs by the department, including participation in the
1631 cost of the programs.
1632 (b) For the 2017-2018 fiscal year only:
1633 1. Approve and implement quiet zones, including
1634 participating in the cost of the programs.
1635 2. Provide grant funding to assist with the implementation
1636 of quiet zones that have been approved by the department. Such
1637 funding may not exceed 50 percent of the nonfederal and
1638 nonprivate share of the total costs of any quiet zone capital
1639 improvement project.
1640 3. Coordinate and work closely with local, state, and
1641 federal agencies to provide technical support to local agencies
1642 for the development of quiet zone plans.
1643 4. Monitor crossing incidents at approved quiet zone
1644 locations and suspend the operation of a quiet zone at any time
1645 the department determines that a significant deterioration has
1646 resulted from quiet zone implementation.
1647 Section 50. In order to implement Specific Appropriations
1648 2225 and 2226 of the 2017-2018 General Appropriations Act,
1649 subsection (10) of section 420.9072, Florida Statutes, is
1650 amended to read:
1651 420.9072 State Housing Initiatives Partnership Program.—The
1652 State Housing Initiatives Partnership Program is created for the
1653 purpose of providing funds to counties and eligible
1654 municipalities as an incentive for the creation of local housing
1655 partnerships, to expand production of and preserve affordable
1656 housing, to further the housing element of the local government
1657 comprehensive plan specific to affordable housing, and to
1658 increase housing-related employment.
1659 (10) Notwithstanding ss. 420.9071(26) and 420.9075(5) and
1660 subsection (7), for the 2017-2018 2016-2017 fiscal year:
1661 (a) The term “rent subsidies” means ongoing monthly rental
1662 assistance.
1663 (b) Up to 25 percent of the funds made available in each
1664 county and each eligible municipality from the local housing
1665 distribution may be used for rental assistance and rent
1666 subsidies as provided in paragraph (c).
1667 (c) A county or an eligible municipality may expend its
1668 portion of the local housing distribution to provide the
1669 following types of rental assistance and rent subsidies:
1670 1. Security and utility deposit assistance.
1671 2. Eviction prevention subsidies not to exceed 6 months’
1672 rent.
1673 3. Rent subsidies for very-low-income households with at
1674 least one adult who is a person with special needs as defined in
1675 s. 420.0004 or a person who is homeless as defined in s. 420.621
1676 when the person initially qualified for a rent subsidy. The
1677 period of rental subsidy may not exceed 12 months for any
1678 eligible household or person.
1679 (d) This subsection expires July 1, 2018 2017.
1680 Section 51. In order to implement Specific Appropriation
1681 2225 of the 2017-2018 General Appropriations Act, subsection
1682 (10) of section 420.5087, Florida Statutes, is amended to read:
1683 420.5087 State Apartment Incentive Loan Program.—There is
1684 hereby created the State Apartment Incentive Loan Program for
1685 the purpose of providing first, second, or other subordinated
1686 mortgage loans or loan guarantees to sponsors, including for
1687 profit, nonprofit, and public entities, to provide housing
1688 affordable to very-low-income persons.
1689 (10)(a) Notwithstanding subsection (3), for the 2017-2018
1690 2016-2017 fiscal year, the reservation of funds for the tenant
1691 groups within each notice of fund availability shall be:
1692 1. Not less than 10 percent of the funds available at that
1693 time for the following tenant groups:
1694 a. Families;
1695 b. Persons who are homeless;
1696 c. Persons with special needs; and
1697 d. Elderly persons.
1698 2. Not less than 5 percent of the funds available at that
1699 time for the commercial fishing workers and farmworkers tenant
1700 group.
1701 (b) Notwithstanding any other provision of this section for
1702 the 2017-2018 2016-2017 fiscal year, the corporation shall issue
1703 a notice of funds availability of $40 $20 million for loans to
1704 construct workforce housing to serve primarily low-income
1705 persons, as defined in s. 420.0004, and, in the Florida Keys
1706 Area of Critical State Concern, to serve households with incomes
1707 not to exceed 140 percent of area median income when strategies
1708 are included in the local housing assistance plan to serve these
1709 households.
1710 (c) This subsection expires July 1, 2018 2017.
1711 Section 52. In order to implement Specific Appropriation
1712 2225 of the 2017-2018 General Appropriations Act:
1713 (1) There is created a workgroup on affordable housing. The
1714 workgroup is assigned to the Florida Housing Finance Corporation
1715 for administrative purposes only.
1716 (2) The workgroup shall convene no later than September 1,
1717 2017, and shall be composed of the following members:
1718 (a) The executive director of the Florida Housing Finance
1719 Corporation, who shall serve as chair of the workgroup.
1720 (b) The executive director of the Department of Economic
1721 Opportunity or his or her designee.
1722 (c) Five members appointed by the Governor. Of the five
1723 members, one must be an advocate for the homeless, one must be
1724 an advocate of the needs of individuals with disabling
1725 conditions and persons with special needs as defined in s.
1726 420.0004, Florida Statutes, one must represent the building or
1727 development community, and one must be a realtor licensed in
1728 this state.
1729 (d) Two members appointed by the President of the Senate.
1730 (e) Two members appointed by the Speaker of the House of
1731 Representatives.
1732 (f) The executive director of the Florida Association of
1733 Counties or his or her designee.
1734 (g) The executive director of the Florida League of Cities
1735 or his or her designee.
1736 (h) The chair of the Florida Building Commission, or his or
1737 her designee, who shall serve as an ex officio, nonvoting
1738 advisory member of the workgroup.
1739 (3)(a) The Florida Housing Finance Corporation shall
1740 provide administrative and staff support services to the
1741 workgroup which relate to its functions.
1742 (b) Members of the workgroup shall serve without
1743 compensation but are entitled to reimbursement for per diem and
1744 travel expenses in accordance with s. 112.061, Florida Statutes.
1745 Per diem and travel expenses incurred by a member of the
1746 workgroup shall be paid from funds budgeted to the state agency
1747 or entity that the member represents.
1748 (4)(a) The workgroup shall develop recommendations for
1749 addressing the state’s affordable housing needs. The
1750 recommendations shall be presented to and approved by the board
1751 of directors of the Florida Housing Finance Corporation. The
1752 recommendations shall include, but need not be limited to:
1753 1. A review of market rate developments.
1754 2. A review of affordable housing developments.
1755 3. A review of land use for affordable housing
1756 developments.
1757 4. A review of building codes for affordable housing
1758 developments.
1759 5. A review of the state’s implementation of the low-income
1760 housing tax credit.
1761 6. A review of private and public sector development and
1762 construction industries.
1763 7. A review of the rental market for assisted rental
1764 housing.
1765 8. The development of strategies and pathways for low
1766 income housing.
1767 (b) The workgroup shall submit a report including its
1768 recommendations to the Governor, the President of the Senate,
1769 and the Speaker of the House of Representatives by January 1,
1770 2018, at which time the workgroup shall terminate.
1771 Section 53. In order to implement Specific Appropriation
1772 1868 of the 2017-2018 General Appropriations Act, subsection
1773 (30) of section 427.013, Florida Statutes, is amended to read:
1774 427.013 The Commission for the Transportation
1775 Disadvantaged; purpose and responsibilities.—The purpose of the
1776 commission is to accomplish the coordination of transportation
1777 services provided to the transportation disadvantaged. The goal
1778 of this coordination is to assure the cost-effective provision
1779 of transportation by qualified community transportation
1780 coordinators or transportation operators for the transportation
1781 disadvantaged without any bias or presumption in favor of
1782 multioperator systems or not-for-profit transportation operators
1783 over single operator systems or for-profit transportation
1784 operators. In carrying out this purpose, the commission shall:
1785 (30) For the 2017-2018 2016-2017 fiscal year and
1786 notwithstanding any other provision of this section:
1787 (a) Allocate, from funds provided in the General
1788 Appropriations Act, to community transportation coordinators who
1789 do not receive Urbanized Area Formula funds pursuant to 49
1790 U.S.C. s. 5307 to provide transportation services for persons
1791 with disabilities, older adults, and low-income persons so they
1792 may access health care, employment, education, and other life
1793 sustaining activities. Funds allocated for this purpose shall be
1794 distributed among community transportation coordinators based
1795 upon the Transportation Disadvantaged Trip and Equipment
1796 allocation methodology established by the commission.
1797 (b) Award, from funds provided in the General
1798 Appropriations Act, competitive grants to community
1799 transportation coordinators to support transportation projects
1800 to:
1801 1. Enhance access to health care, shopping, education,
1802 employment, public services, and recreation;
1803 2. Assist in the development, improvement, and use of
1804 transportation systems in nonurbanized areas;
1805 3. Promote the efficient coordination of services;
1806 4. Support inner-city bus transportation; and
1807 5. Encourage private transportation providers to
1808 participate.
1809 (c) This subsection expires July 1, 2018 2017.
1810 Section 54. In order to implement Specific Appropriation
1811 2610 of the 2017-2018 General Appropriations Act, upon the
1812 expiration and reversion of the amendment to section 321.04,
1813 Florida Statutes, pursuant to section 110 of chapter 2016-62,
1814 Laws of Florida, subsection (3) of section 321.04, Florida
1815 Statutes, is amended, and subsection (4) is added to that
1816 section, to read:
1817 321.04 Personnel of the highway patrol; rank
1818 classifications; probationary status of new patrol officers;
1819 subsistence; special assignments.—
1820 (3)(a) The Department of Highway Safety and Motor Vehicles
1821 shall assign one patrol officer to the office of the Governor;
1822 said patrol officer so assigned shall be selected by the
1823 Governor and shall have rank and pay not less than that of a
1824 lieutenant of the Florida Highway Patrol, and said patrol
1825 officer so assigned shall be paid by said department from the
1826 appropriation made to said department; said patrol officer shall
1827 have and receive all other benefits provided for in this chapter
1828 or any other statute now in existence or hereinafter enacted.
1829 (b) For the 2017-2018 fiscal year only, the patrol officer
1830 shall be assigned to the Lieutenant Governor.
1831 (4) For the 2017-2018 fiscal year only, the assignment of a
1832 patrol officer by the department shall include a Cabinet member
1833 specified in s. 4, Art. IV of the State Constitution if deemed
1834 appropriate by the department or in response to a threat and
1835 upon written request of such Cabinet member.
1836 Section 55. In order to implement Specific Appropriations
1837 3107, 3112A, 3133A, 3138A, 3139, and 3144A of the 2017-2018
1838 General Appropriations Act, and notwithstanding ss. 257.191,
1839 265.286, and 267.0617, Florida Statutes, the Department of State
1840 shall direct the State Library Council, the Florida Historical
1841 Commission, and the Florida Council on Arts and Culture to sort
1842 the applications received by each entity into two groups for
1843 ranking and funding purposes, those received from counties that
1844 are rural areas of opportunity as defined in s. 288.0656(2)(d),
1845 Florida Statutes, and those received from all other counties.
1846 The two groups of applications shall be ranked separately, but
1847 otherwise in the same manner, and submitted for approval by the
1848 Secretary of State. This section applies only to applications
1849 received during the 2017-2018 fiscal year. This section expires
1850 July 1, 2018.
1851 Section 56. In order to implement Specific Appropriation
1852 2226H of the 2017-2018 General Appropriations Act, subsection
1853 (4) is added to section 288.1201, Florida Statutes, to read:
1854 288.1201 State Economic Enhancement and Development Trust
1855 Fund.—
1856 (4)(a) Beginning July 1, 2017, the department shall retain
1857 in the trust fund any state funds appropriated for any program
1858 created under this chapter which is funded in the General
1859 Appropriations Act until the performance requirements
1860 established under contract or by law for such incentives are
1861 submitted to and verified by the department.
1862 (b) The department shall return to the State Treasury all
1863 funds held by any entity pursuant to a contract executed for the
1864 Quick Action Closing Fund which are unexpended as of June 30,
1865 2017. Such unexpended funds shall be deposited into the State
1866 Economic Enhancement and Development Trust Fund. The department
1867 shall take all steps necessary to comply with this paragraph by
1868 September 1, 2017. The department shall notify the Governor, the
1869 President of the Senate, and the Speaker of the House of
1870 Representatives of the status of compliance with this paragraph
1871 by October 1, 2017.
1872 (c) This subsection expires July 1, 2018.
1873 Section 57. In order to implement Specific Appropriation
1874 1875 of the 2017-2018 General Appropriations Act, paragraph (d)
1875 is added to subsection (3) of section 311.07, Florida Statutes,
1876 to read:
1877 311.07 Florida seaport transportation and economic
1878 development funding.—
1879 (3)
1880 (d) Notwithstanding paragraphs (a), (b), and (c), and for
1881 the 2017-2018 fiscal year only, projects that are funded through
1882 a specific appropriation in the 2017-2018 General Appropriations
1883 Act are not required to match state funds in accordance with
1884 paragraph (a) or to meet project eligibility requirements
1885 specified in paragraph (b) or paragraph (c). This paragraph
1886 expires July 1, 2018.
1887 Section 58. In order to implement Specific Appropriations
1888 1869 through 1882, 1888 through 1891, 1905 through 1908, 1910
1889 through 1925, and 1964 through 1976 of the 2017-2018 General
1890 Appropriations Act, paragraphs (d), (e), and (f) are added to
1891 subsection (5) of section 339.135, Florida Statutes, to read:
1892 339.135 Work program; legislative budget request;
1893 definitions; preparation, adoption, execution, and amendment.—
1894 (5) ADOPTION OF THE WORK PROGRAM.—
1895 (d) It is the intent of the Legislature that the department
1896 maintain fiscal solvency and make prudent use of all available
1897 fiscal resources to minimize any project, or a phase thereof,
1898 from being deferred within the work program. It is further the
1899 intent of the Legislature that the department, to the maximum
1900 extent feasible, reduce financial projects not programmed for
1901 contract letting as identified with a work program contract
1902 class code 8 and the box code RV to add projects to the 2017
1903 2018 work program which are identified by a specific
1904 appropriation in the 2017-2018 General Appropriations Act. This
1905 paragraph expires July 1, 2018.
1906 (e) For the 2017-2018 fiscal year only, the department is
1907 authorized to realign budget authority among appropriation
1908 categories to support the implementation of the 2017-2018
1909 General Appropriations Act. The notice, review, and objection
1910 procedures under s. 216.177 apply only when projects, or a phase
1911 thereof, are not deferred or deleted from the work program. The
1912 request to realign budget authority among work program
1913 categories must be supported by documented production and
1914 financial goals within the parameters of finance, available
1915 cash, and total authorized budget. This paragraph expires July
1916 1, 2018.
1917 (f) For the 2017-2018 fiscal year only, if the department
1918 submits a work program amendment to realign work program
1919 categories to the 2017-2018 General Appropriations Act that
1920 defers or deletes any project, or a phase thereof, the work
1921 program amendment is subject to approval by the Legislative
1922 Budget Commission. The department shall provide to the
1923 Legislative Budget Commission the documents specified in
1924 subparagraphs 1.–8. when submitting the department’s work
1925 program amendment to request approval to realign the work
1926 program appropriation categories to the 2017-2018 General
1927 Appropriations Act. In addition, any work program amendment
1928 submitted to the Legislative Budget Commission which results in
1929 a reduced project commitment level for the 2017-2018 fiscal year
1930 must include the following documents:
1931 1. A proposed finance plan, as balanced to the requested
1932 work program amendment to realign the work program categories to
1933 the 2017-2018 General Appropriations Act, or any other
1934 amendments that reduce work program commitments;
1935 2. A proposed cash forecast, as balanced to the requested
1936 work program amendment to realign the work program categories to
1937 the 2017-2018 General Appropriations Act, or any other
1938 amendments that reduce work program commitments;
1939 3. An adopted finance plan, as of July 1, 2017;
1940 4. An adopted cash forecast, as of July 1, 2017;
1941 5. A complete list of projects, or phases thereof, deferred
1942 or deleted from the impact of the projects identified by a
1943 specific appropriation in the 2017-2018 General Appropriations
1944 Act for the 2017-2018 through 2021-2022 work program;
1945 6. The department’s methodology for identifying projects,
1946 or phases thereof, for deferral or deletion for the 2017-2018
1947 through 2021-2022 work program;
1948 7. A letter of concurrence or nonoccurrence from the
1949 affected metropolitan planning organization or, for
1950 nonmetropolitan areas, the board of county commissioners with
1951 impacted project selections; and
1952 8. A complete list of financial projects not programmed for
1953 contract letting as identified with a work program contract
1954 class code 8 and the box code RV included in fiscal years 2017
1955 2018 through 2021-2022, as of July 1, 2017.
1956
1957 This paragraph expires July 1, 2018.
1958 Section 59. In order to implement the salaries and
1959 benefits, expenses, other personal services, contracted
1960 services, special categories, and operating capital outlay
1961 categories of the 2017-2018 General Appropriations Act, upon the
1962 expiration and reversion of the amendment to section 216.292,
1963 Florida Statutes, pursuant to section 112 of chapter 2016-62,
1964 Laws of Florida, paragraph (a) of subsection (2) of section
1965 216.292, Florida Statutes, is amended to read:
1966 216.292 Appropriations nontransferable; exceptions.—
1967 (2) The following transfers are authorized to be made by
1968 the head of each department or the Chief Justice of the Supreme
1969 Court whenever it is deemed necessary by reason of changed
1970 conditions:
1971 (a) The transfer of appropriations funded from identical
1972 funding sources, except appropriations for fixed capital outlay,
1973 and the transfer of amounts included within the total original
1974 approved budget and plans of releases of appropriations as
1975 furnished pursuant to ss. 216.181 and 216.192, as follows:
1976 1. Between categories of appropriations within a budget
1977 entity, if no category of appropriation is increased or
1978 decreased by more than 5 percent of the original approved budget
1979 or $250,000, whichever is greater, by all action taken under
1980 this subsection.
1981 2. Between budget entities within identical categories of
1982 appropriations, if no category of appropriation is increased or
1983 decreased by more than 5 percent of the original approved budget
1984 or $250,000, whichever is greater, by all action taken under
1985 this subsection.
1986 3. Any agency exceeding salary rate established pursuant to
1987 s. 216.181(8) on June 30th of any fiscal year shall not be
1988 authorized to make transfers pursuant to subparagraphs 1. and 2.
1989 in the subsequent fiscal year.
1990 4. Notice of proposed transfers under subparagraphs 1. and
1991 2. shall be provided to the Executive Office of the Governor and
1992 the chairs of the legislative appropriations committees at least
1993 3 days prior to agency implementation in order to provide an
1994 opportunity for review. The review shall be limited to ensuring
1995 that the transfer is in compliance with the requirements of this
1996 paragraph.
1997 5. For the 2017-2018 fiscal year, the review shall ensure
1998 that transfers proposed pursuant to this paragraph comply with
1999 this chapter and are not contrary to legislative policy and
2000 intent. This subparagraph expires July 1, 2018.
2001 Section 60. In order to implement appropriations for
2002 salaries and benefits in the 2017-2018 General Appropriations
2003 Act, subsection (6) of section 112.24, Florida Statutes, is
2004 amended to read:
2005 112.24 Intergovernmental interchange of public employees.
2006 To encourage economical and effective utilization of public
2007 employees in this state, the temporary assignment of employees
2008 among agencies of government, both state and local, and
2009 including school districts and public institutions of higher
2010 education is authorized under terms and conditions set forth in
2011 this section. State agencies, municipalities, and political
2012 subdivisions are authorized to enter into employee interchange
2013 agreements with other state agencies, the Federal Government,
2014 another state, a municipality, or a political subdivision
2015 including a school district, or with a public institution of
2016 higher education. State agencies are also authorized to enter
2017 into employee interchange agreements with private institutions
2018 of higher education and other nonprofit organizations under the
2019 terms and conditions provided in this section. In addition, the
2020 Governor or the Governor and Cabinet may enter into employee
2021 interchange agreements with a state agency, the Federal
2022 Government, another state, a municipality, or a political
2023 subdivision including a school district, or with a public
2024 institution of higher learning to fill, subject to the
2025 requirements of chapter 20, appointive offices which are within
2026 the executive branch of government and which are filled by
2027 appointment by the Governor or the Governor and Cabinet. Under
2028 no circumstances shall employee interchange agreements be
2029 utilized for the purpose of assigning individuals to participate
2030 in political campaigns. Duties and responsibilities of
2031 interchange employees shall be limited to the mission and goals
2032 of the agencies of government.
2033 (6) For the 2017-2018 2016-2017 fiscal year only, the
2034 assignment of an employee of a state agency as provided in this
2035 section may be made if recommended by the Governor or Chief
2036 Justice, as appropriate, and approved by the chairs of the
2037 legislative appropriations committees. Such actions shall be
2038 deemed approved if neither chair provides written notice of
2039 objection within 14 days after receiving notice of the action
2040 pursuant to s. 216.177. This subsection expires July 1, 2018
2041 2017.
2042 Section 61. In order to implement Specific Appropriations
2043 2681 and 2682 of the 2017-2018 General Appropriations Act, and
2044 notwithstanding s. 11.13(1), Florida Statutes, the authorized
2045 salaries for members of the Legislature for the 2017-2018 fiscal
2046 year shall be set at the same level in effect on July 1, 2010.
2047 This section expires July 1, 2018.
2048 Section 62. In order to implement the transfer of funds to
2049 the General Revenue Fund from trust funds for the 2017-2018
2050 General Appropriations Act, and notwithstanding the expiration
2051 date contained in section 117 of chapter 2016-62, Laws of
2052 Florida, paragraph (b) of subsection (2) of section 215.32,
2053 Florida Statutes, is reenacted to read:
2054 215.32 State funds; segregation.—
2055 (2) The source and use of each of these funds shall be as
2056 follows:
2057 (b)1. The trust funds shall consist of moneys received by
2058 the state which under law or under trust agreement are
2059 segregated for a purpose authorized by law. The state agency or
2060 branch of state government receiving or collecting such moneys
2061 is responsible for their proper expenditure as provided by law.
2062 Upon the request of the state agency or branch of state
2063 government responsible for the administration of the trust fund,
2064 the Chief Financial Officer may establish accounts within the
2065 trust fund at a level considered necessary for proper
2066 accountability. Once an account is established, the Chief
2067 Financial Officer may authorize payment from that account only
2068 upon determining that there is sufficient cash and releases at
2069 the level of the account.
2070 2. In addition to other trust funds created by law, to the
2071 extent possible, each agency shall use the following trust funds
2072 as described in this subparagraph for day-to-day operations:
2073 a. Operations or operating trust fund, for use as a
2074 depository for funds to be used for program operations funded by
2075 program revenues, with the exception of administrative
2076 activities when the operations or operating trust fund is a
2077 proprietary fund.
2078 b. Operations and maintenance trust fund, for use as a
2079 depository for client services funded by third-party payors.
2080 c. Administrative trust fund, for use as a depository for
2081 funds to be used for management activities that are departmental
2082 in nature and funded by indirect cost earnings and assessments
2083 against trust funds. Proprietary funds are excluded from the
2084 requirement of using an administrative trust fund.
2085 d. Grants and donations trust fund, for use as a depository
2086 for funds to be used for allowable grant or donor agreement
2087 activities funded by restricted contractual revenue from private
2088 and public nonfederal sources.
2089 e. Agency working capital trust fund, for use as a
2090 depository for funds to be used pursuant to s. 216.272.
2091 f. Clearing funds trust fund, for use as a depository for
2092 funds to account for collections pending distribution to lawful
2093 recipients.
2094 g. Federal grant trust fund, for use as a depository for
2095 funds to be used for allowable grant activities funded by
2096 restricted program revenues from federal sources.
2097
2098 To the extent possible, each agency must adjust its internal
2099 accounting to use existing trust funds consistent with the
2100 requirements of this subparagraph. If an agency does not have
2101 trust funds listed in this subparagraph and cannot make such
2102 adjustment, the agency must recommend the creation of the
2103 necessary trust funds to the Legislature no later than the next
2104 scheduled review of the agency’s trust funds pursuant to s.
2105 215.3206.
2106 3. All such moneys are hereby appropriated to be expended
2107 in accordance with the law or trust agreement under which they
2108 were received, subject always to the provisions of chapter 216
2109 relating to the appropriation of funds and to the applicable
2110 laws relating to the deposit or expenditure of moneys in the
2111 State Treasury.
2112 4.a. Notwithstanding any provision of law restricting the
2113 use of trust funds to specific purposes, unappropriated cash
2114 balances from selected trust funds may be authorized by the
2115 Legislature for transfer to the Budget Stabilization Fund and
2116 General Revenue Fund in the General Appropriations Act.
2117 b. This subparagraph does not apply to trust funds required
2118 by federal programs or mandates; trust funds established for
2119 bond covenants, indentures, or resolutions whose revenues are
2120 legally pledged by the state or public body to meet debt service
2121 or other financial requirements of any debt obligations of the
2122 state or any public body; the Division of Licensing Trust Fund
2123 in the Department of Agriculture and Consumer Services; the
2124 State Transportation Trust Fund; the trust fund containing the
2125 net annual proceeds from the Florida Education Lotteries; the
2126 Florida Retirement System Trust Fund; trust funds under the
2127 management of the State Board of Education or the Board of
2128 Governors of the State University System, where such trust funds
2129 are for auxiliary enterprises, self-insurance, and contracts,
2130 grants, and donations, as those terms are defined by general
2131 law; trust funds that serve as clearing funds or accounts for
2132 the Chief Financial Officer or state agencies; trust funds that
2133 account for assets held by the state in a trustee capacity as an
2134 agent or fiduciary for individuals, private organizations, or
2135 other governmental units; and other trust funds authorized by
2136 the State Constitution.
2137 Section 63. The amendment to s. 215.32(2)(b), Florida
2138 Statutes, as carried forward by this act from chapter 2011-47,
2139 Laws of Florida, expires July 1, 2018, and the text of that
2140 paragraph shall revert to that in existence on June 30, 2011,
2141 except that any amendments to such text enacted other than by
2142 this act shall be preserved and continue to operate to the
2143 extent that such amendments are not dependent upon the portions
2144 of text which expire pursuant to this section.
2145 Section 64. In order to implement the issuance of new debt
2146 authorized in the 2017-2018 General Appropriations Act, and
2147 pursuant to s. 215.98, Florida Statutes, the Legislature
2148 determines that the authorization and issuance of debt for the
2149 2017-2018 fiscal year should be implemented and is in the best
2150 interest of the state. This section expires July 1, 2018.
2151 Section 65. In order to implement appropriations in the
2152 2017-2018 General Appropriations Act for state employee travel,
2153 the funds appropriated to each state agency which may be used
2154 for travel by state employees are limited during the 2017-2018
2155 fiscal year to travel for activities that are critical to each
2156 state agency’s mission. Funds may not be used for travel by
2157 state employees to foreign countries, other states, conferences,
2158 staff training activities, or other administrative functions
2159 unless the agency head has approved, in writing, that such
2160 activities are critical to the agency’s mission. The agency head
2161 shall consider using teleconferencing and other forms of
2162 electronic communication to meet the needs of the proposed
2163 activity before approving mission-critical travel. This section
2164 does not apply to travel for law enforcement purposes, military
2165 purposes, emergency management activities, or public health
2166 activities. This section expires July 1, 2018.
2167 Section 66. In order to implement appropriations in the
2168 2017-2018 General Appropriations Act for state employee travel
2169 and notwithstanding s. 112.061, Florida Statutes, costs for
2170 lodging associated with a meeting, conference, or convention
2171 organized or sponsored in whole or in part by a state agency or
2172 the judicial branch may not exceed $150 per day. An employee may
2173 expend his or her own funds for any lodging expenses in excess
2174 of $150 per day. This section expires July 1, 2018.
2175 Section 67. In order to implement section 8 of the 2017
2176 2018 General Appropriations Act, upon the expiration and
2177 reversion of the amendments made to section 110.12315, Florida
2178 Statutes, pursuant to section 123 of chapter 2016-62, Laws of
2179 Florida, subsection (7) of section 110.12315, Florida Statutes,
2180 is amended to read:
2181 110.12315 Prescription drug program.—The state employees’
2182 prescription drug program is established. This program shall be
2183 administered by the Department of Management Services, according
2184 to the terms and conditions of the plan as established by the
2185 relevant provisions of the annual General Appropriations Act and
2186 implementing legislation, subject to the following conditions:
2187 (7) Under the state employees’ prescription drug program
2188 copayments must be made as follows:
2189 (a) Effective July 1, 2017 January 1, 2006, for the State
2190 Group Health Insurance Standard Plan, copayments must be made as
2191 follows:
2192 1. For a supply for up to 30 days from a retail pharmacy:
2193 a. For generic drug with card.....................$7 $10.
2194 b.2. For preferred brand name drug with card.....$30 $25.
2195 c.3. For nonpreferred brand name drug with card..$50 $40.
2196 2. For a supply for up to 90 days from a mail order
2197 pharmacy or a retail pharmacy participating in a 90-day supply
2198 network:
2199 a.4. For generic mail order drug.................$14 $20.
2200 b.5. For preferred brand name mail order drug....$60 $50.
2201 c.6. For nonpreferred brand name mail order drug$100 $80.
2202 (b) Effective July 1, 2017 January 1, 2006, for the State
2203 Group Health Insurance High Deductible Plan, coinsurance must be
2204 paid as follows:
2205 1. For a supply for up to 30 days from a retail pharmacy:
2206 a. Retail coinsurance For generic drug with card.....30%.
2207 b.2. Retail coinsurance For preferred brand name drug with
2208 card........................................................30%.
2209 c.3. Retail coinsurance For nonpreferred brand name drug
2210 with card...................................................50%.
2211 2. For a supply for up to 90 days from a mail order
2212 pharmacy or a retail pharmacy participating in a 90-day supply
2213 network:
2214 a.4. Mail order coinsurance For generic drug.........30%.
2215 b.5. Mail order coinsurance For preferred brand name
2216 drug........................................................30%.
2217 c.6. Mail order coinsurance For nonpreferred brand name
2218 drug........................................................50%.
2219 Section 68. The amendment made by this act to s.
2220 110.12315(7), Florida Statutes, shall expire July 1, 2018, and
2221 the text of that subsection shall revert to that in existence on
2222 June 30, 2017, except that any amendments to such text enacted
2223 other than by this act shall be preserved and continue to
2224 operate to the extent that such amendments are not dependent
2225 upon the portions of text which expire pursuant to this section.
2226 Section 69. In order to implement the appropriation of
2227 funds in the special categories, contracted services, and
2228 expenses categories of the 2017-2018 General Appropriations Act,
2229 a state agency may not enter into a contract containing a
2230 nondisclosure clause that prohibits the contractor from
2231 disclosing information relevant to the performance of the
2232 contract to members or staff of the Senate or the House of
2233 Representatives. This section expires July 1, 2018.
2234 Section 70. Any section of this act which implements a
2235 specific appropriation or specifically identified proviso
2236 language in the 2017-2018 General Appropriations Act is void if
2237 the specific appropriation or specifically identified proviso
2238 language is vetoed. Any section of this act which implements
2239 more than one specific appropriation or more than one portion of
2240 specifically identified proviso language in the 2017-2018
2241 General Appropriations Act is void if all the specific
2242 appropriations or portions of specifically identified proviso
2243 language are vetoed.
2244 Section 71. If any other act passed during the 2017 Regular
2245 Session of the Legislature contains a provision that is
2246 substantively the same as a provision in this act, but that
2247 removes or is otherwise not subject to the future repeal applied
2248 to such provision by this act, the Legislature intends that the
2249 provision in the other act takes precedence and continues to
2250 operate, notwithstanding the future repeal provided by this act.
2251 Section 72. If any provision of this act or its application
2252 to any person or circumstance is held invalid, the invalidity
2253 does not affect other provisions or applications of the act
2254 which can be given effect without the invalid provision or
2255 application, and to this end the provisions of this act are
2256 severable.
2257 Section 73. Except as otherwise expressly provided in this
2258 act and except for this section, which shall take effect upon
2259 this act becoming a law, this act shall take effect July 1,
2260 2017; or, if this act fails to become a law until after that
2261 date, it shall take effect upon becoming a law and shall operate
2262 retroactively to July 1, 2017.