Florida Senate - 2017 (PROPOSED BILL) SPB 2502
FOR CONSIDERATION By the Committee on Appropriations
576-01997D-17 20172502pb
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 specifying criteria to be used by the Agency for
39 Persons with Disabilities in the event that an
40 allocation algorithm and methodology for the iBudget
41 system is no longer in effect; amending s. 393.0662,
42 F.S.; requiring the Agency for Persons with
43 Disabilities to contract for an independent consultant
44 to study and make recommendations on certain aspects
45 of the home and community-based services Medicaid
46 waiver program; requiring the agency to submit the
47 independent consultant’s recommendations to the
48 Governor and the Legislature by a specified date;
49 requiring the Agency for Persons with Disabilities to
50 contract with an independent consultant to conduct a
51 study of transportation disadvantaged services;
52 creating the Task Force on Transportation
53 Disadvantaged Services; specifying the purpose of the
54 task force; providing for the composition and duties
55 of the task force; requiring the task force to submit
56 a report to the Governor and the Legislature by a
57 specified date; providing for termination of the task
58 force; amending s. 296.37, F.S.; extending for 1
59 fiscal year the requirement that certain residents of
60 a veterans’ nursing home contribute to their
61 maintenance and support; amending s. 409.911, F.S.;
62 extending for 1 fiscal year the requirement that the
63 Agency for Health Care Administration distribute
64 moneys to hospitals that provide a disproportionate
65 share of Medicaid or charity care services as set
66 forth in the General Appropriations Act; amending s.
67 409.9113, F.S.; extending for 1 fiscal year the
68 requirement that the Agency for Health Care
69 Administration make disproportionate share payments to
70 teaching hospitals as set forth in the General
71 Appropriations Act; amending s. 409.9119, F.S.;
72 extending for 1 fiscal year the requirement that the
73 Agency for Health Care Administration make
74 disproportionate share payments to specialty hospitals
75 for children as set forth in the General
76 Appropriations Act; amending s. 893.055, F.S.;
77 extending for 1 fiscal year the authority of the
78 Department of Health to use certain funds for the
79 administration of the prescription drug monitoring
80 program; prohibiting the use of funds received from a
81 settlement agreement to administer the program;
82 amending s. 216.262, F.S.; extending for 1 fiscal year
83 the authority of the Department of Corrections to
84 submit a budget amendment for additional positions and
85 appropriations under certain circumstances;
86 authorizing the Department of Legal Affairs to expend
87 certain appropriated funds on programs that were
88 funded by the department from specific appropriations
89 in general appropriations acts in previous years;
90 amending s. 932.7055, F.S.; extending for 1 fiscal
91 year the authority for a municipality to expend funds
92 from its special law enforcement trust fund to
93 reimburse its general fund for certain moneys advanced
94 from the general fund; amending s. 215.18, F.S.;
95 extending for 1 fiscal year the authority and related
96 repayment requirements for temporary trust fund loans
97 to the state court system which are sufficient to meet
98 the system’s appropriation; authorizing the Department
99 of Corrections to submit certain budget amendments to
100 transfer funds into the Inmate Health Services
101 category; providing that such transfers are subject to
102 notice, review, and objection procedures; requiring
103 the Department of Juvenile Justice to review county
104 juvenile detention payments to determine whether the
105 county has met specified financial responsibilities;
106 requiring amounts owed by the county for such
107 financial responsibilities to be deducted from certain
108 county funds; requiring the Department of Revenue to
109 transfer withheld funds to a specified trust fund;
110 requiring the Department of Revenue to ensure that
111 such reductions in amounts distributed do not reduce
112 distributions below amounts necessary for certain
113 payments due on bonds and comply with bond covenants;
114 requiring the Department of Revenue to notify the
115 Department of Juvenile Justice if bond payment
116 requirements require a reduction in deductions for
117 amounts owed by a county; prohibiting the Department
118 of Juvenile Justice from providing to certain
119 nonfiscally constrained counties reimbursements or
120 credits against identified juvenile detention center
121 costs under specified circumstances; prohibiting a
122 nonfiscally constrained county from applying,
123 deducting, or receiving such reimbursements or
124 credits; amending s. 27.5304, F.S.; establishing
125 certain limitations on compensation for private court
126 appointed counsel for the 2017-2018 fiscal year;
127 requiring the Justice Administrative Commission to
128 provide funds to the clerks of the circuit court for
129 specified uses related to juries; providing procedures
130 for clerks of the circuit court to receive such funds;
131 providing an apportionment methodology if funds are
132 estimated to be insufficient to pay all amounts
133 requested; requiring the clerks of the circuit court
134 to pay amounts in excess of appropriated amounts;
135 creating the Florida Criminal Justice Reform Task
136 Force; specifying the purpose of the task force;
137 providing for the composition and duties of the task
138 force; requiring the task force to submit a report to
139 the Legislature by a specified date; requiring the
140 Department of Management Services to use tenant broker
141 services to renegotiate or reprocure certain private
142 lease agreements for office or storage space;
143 requiring the Department of Management Services to
144 provide a report to the Governor and Legislature by a
145 specified date; amending s. 282.709, F.S.; revising
146 the composition of the Joint Task Force on State
147 Agency Law Enforcement Communications; specifying the
148 amount of the transaction fee to be collected for use
149 of the online procurement system; prohibiting an
150 agency from transferring funds from a data processing
151 category to another category that is not a data
152 processing category; authorizing the Executive Office
153 of the Governor to transfer funds appropriated for
154 data processing services between departments for a
155 specified purpose; authorizing the Executive Office of
156 the Governor to transfer certain funds between
157 agencies in order to allocate a reduction relating to
158 SUNCOM Network services; authorizing the Executive
159 Office of the Governor to transfer funds between
160 departments for purposes of aligning amounts paid for
161 risk management insurance and for human resource
162 management services; requiring the Department of
163 Financial Services to replace specified components of
164 the Florida Accounting Information Resource Subsystem
165 (FLAIR) and the Cash Management Subsystem (CMS);
166 specifying certain actions to be taken by the
167 Department of Financial Services regarding FLAIR and
168 CMS replacement; providing for the composition of an
169 executive steering committee to oversee FLAIR and CMS
170 replacement; prescribing duties and responsibilities
171 of the executive steering committee; amending s.
172 259.105, F.S.; revising provisions governing the
173 distribution of certain proceeds from cash payments or
174 bonds issued pursuant to the Florida Forever Act;
175 amending s. 216.181, F.S.; extending for 1 fiscal year
176 the authority for the Legislative Budget Commission to
177 increase amounts appropriated to the Fish and Wildlife
178 Conservation Commission or the Department of
179 Environmental Protection for certain fixed capital
180 outlay projects from specified sources; amending s.
181 206.9935, F.S.; exempting specified revenues from the
182 calculation of the unobligated balance of the Water
183 Quality Assurance Trust Fund for the 2017-2018 fiscal
184 year; amending s. 403.7095, F.S.; extending for 1
185 fiscal year a requirement that the Department of
186 Environmental Protection award a certain sum of grant
187 funds for specified solid waste management programs to
188 counties that meet certain criteria; amending s.
189 215.18, F.S.; extending for 1 fiscal year the
190 authority of the Governor, if there is a specified
191 deficiency in a land acquisition trust fund in the
192 Department of Agriculture and Consumer Services, the
193 Department of Environmental Protection, the Department
194 of State, or the Fish and Wildlife Conservation
195 Commission, to transfer funds from other trust funds
196 in the State Treasury as a temporary loan to such
197 trust fund; providing procedures for the repayment of
198 a temporary loan; requiring the Department of
199 Environmental Protection to transfer designated
200 proportions of the revenues deposited in the Land
201 Acquisition Trust Fund within the department to land
202 acquisition trust funds in the Department of
203 Agriculture and Consumer Services, the Department of
204 State, and the Fish and Wildlife Conservation
205 Commission according to specified parameters and
206 calculations; defining the term “department”;
207 requiring the Department of Environmental Protection
208 to retain a proportionate share of revenues;
209 specifying a limit on distributions; requiring the
210 Department of Highway Safety and Motor Vehicles to
211 contract with a specified corporation to manufacture
212 current or newly redesigned license plates; requiring
213 that the price for such contract be the same as in the
214 previous fiscal year; creating a law enforcement
215 workgroup within the Department of Highway Safety and
216 Motor Vehicles; specifying the composition of the
217 workgroup; authorizing reimbursement for per diem and
218 travel expenses; prescribing duties of the workgroup;
219 requiring the Department of Highway Safety and Motor
220 Vehicles to provide administrative support and
221 contract with the University of South Florida’s Center
222 for Urban Transportation Research; requiring the
223 workgroup chair to submit recommendations to the
224 Governor and the Legislature by a specified date;
225 providing for termination of the workgroup; creating
226 s. 316.0898, F.S.; requiring the Department of
227 Transportation, in consultation with the Department of
228 Highway Safety and Motor Vehicles, to develop the
229 Florida Smart City Challenge grant program; specifying
230 requirements for applicants to the grant program;
231 establishing goals for the grant program; requiring
232 the Department of Transportation to develop specified
233 criteria for project grants and a plan for promotion
234 of the grant program; requiring the Department of
235 Transportation to submit certain information regarding
236 the grant program to the Governor and the Legislature
237 by a specified date; amending s. 341.302, F.S.;
238 specifying duties and responsibilities for the
239 Department of Transportation in its administration of
240 the rail program for the 2017-2018 fiscal year;
241 amending s. 420.9072, F.S.; extending for 1 fiscal
242 year provisions authorizing each county and eligible
243 municipality to use its portion of the local housing
244 distribution under the State Housing Initiatives
245 Partnership Program for certain purposes; amending s.
246 420.5087, F.S.; extending for 1 fiscal year certain
247 provisions specifying the reservation of funds for the
248 tenant groups within each notice of fund availability
249 with respect to the State Apartment Incentive Loan
250 Program; revising the funding amount for loans to
251 construct workforce housing as issued in a notice of
252 funds availability by the Florida Housing Finance
253 Corporation; creating a workgroup on affordable
254 housing assigned to the Florida Housing Finance
255 Corporation; specifying the composition of the
256 workgroup; requiring the Florida Housing Finance
257 Corporation to provide administrative and staff
258 support; authorizing reimbursement for per diem and
259 travel expenses for workgroup members; requiring the
260 workgroup to develop recommendations regarding the
261 state’s affordable housing needs; requiring submission
262 of a report to the Governor and the Legislature by a
263 specified date; providing for termination of the
264 workgroup; amending s. 427.013, F.S.; extending for 1
265 fiscal year a requirement that the Commission for the
266 Transportation Disadvantaged allocate and award
267 appropriated funds for specified purposes; amending s.
268 321.04, F.S.; requiring the Department of Highway
269 Safety and Motor Vehicles to assign the patrol officer
270 assigned to the Office of the Governor to the
271 Lieutenant Governor for the 2017-2018 fiscal year;
272 requiring the department to assign a patrol officer to
273 a Cabinet member under certain circumstances;
274 requiring the Department of State to direct the State
275 Library Council, the Florida Historical Commission,
276 and the Florida Council on Arts and Culture to sort
277 applications received from counties for ranking and
278 funding purposes for the 2017-2018 fiscal year;
279 prescribing procedures; amending s. 288.1201, F.S.;
280 requiring the Department of Economic Opportunity to
281 retain state funds for specified programs in the State
282 Economic Enhancement and Development Trust Fund until
283 certain conditions are met; requiring the department
284 to return to the State Treasury unexpended funds from
285 the Quick Action Closing Fund which are held by
286 certain entities; requiring the department to comply
287 by a certain date; requiring the department to provide
288 notification of compliance to the Governor and the
289 Legislature by a certain date; amending s. 311.07,
290 F.S.; waiving certain requirements regarding matching
291 funds and project eligibility for projects funded
292 through the Florida Seaport Transportation and
293 Economic Development Program; amending s. 339.135,
294 F.S.; providing legislative intent regarding the
295 Department of Transportation’s work program; requiring
296 the Department of Transportation to submit certain
297 documents to the Legislative Budget Commission with
298 its work program amendment; amending s. 216.292, F.S.;
299 specifying that the required review of certain
300 transfers of appropriations ensure compliance with ch.
301 216, F.S., and are not contrary to legislative policy
302 and intent; amending s. 112.24, F.S.; extending for 1
303 fiscal year the authorization, subject to specified
304 requirements, for the assignment of an employee of a
305 state agency under an employee interchange agreement;
306 providing that the annual salaries of the members of
307 the Legislature shall be maintained at a specified
308 level; reenacting s. 215.32(2)(b), F.S., relating to
309 the source and use of certain trust funds; providing
310 for the future expiration and reversion of statutory
311 text; providing a legislative declaration that the
312 issuance of new debt is in the best interest of the
313 state; limiting the use of travel funds to activities
314 that are critical to an agency’s mission; providing
315 exceptions; placing a monetary cap on lodging expenses
316 for state employee travel to certain meetings
317 organized or sponsored by a state agency or the
318 judicial branch; authorizing employees to expend their
319 own funds for lodging expenses in excess of the
320 monetary caps; amending s. 110.12315, F.S.; revising
321 copayment and coinsurance amounts for the State Group
322 Health Insurance Standard Plan and the State Group
323 Health Insurance High Deductible Plan under the state
324 employees’ prescription drug program; providing for
325 the future expiration and reversion of statutory text;
326 prohibiting state agencies from entering into
327 contracts containing certain nondisclosure agreements;
328 providing conditions under which the veto of certain
329 appropriations or proviso language in the General
330 Appropriations Act voids language that implements such
331 appropriation; providing for the continued operation
332 of certain provisions notwithstanding a future repeal
333 or expiration provided by the act; providing
334 severability; providing effective dates.
335
336 Be It Enacted by the Legislature of the State of Florida:
337
338 Section 1. It is the intent of the Legislature that the
339 implementing and administering provisions of this act apply to
340 the General Appropriations Act for the 2017-2018 fiscal year.
341 Section 2. In order to implement Specific Appropriations 7,
342 8, 9, 91, and 92 of the 2017-2018 General Appropriations Act,
343 the calculations of the Florida Education Finance Program for
344 the 2017-2018 fiscal year included in the document titled
345 “Public School Funding: The Florida Education Finance Program,”
346 dated March 30, 2017, and filed with the Secretary of the
347 Senate, are incorporated by reference for the purpose of
348 displaying the calculations used by the Legislature, consistent
349 with the requirements of state law, in making appropriations for
350 the Florida Education Finance Program. This section expires July
351 1, 2018.
352 Section 3. In order to implement Specific Appropriations 7
353 and 91 of the 2017-2018 General Appropriations Act, and
354 notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
355 1011.62(6)(b)5., and 1011.67, Florida Statutes, relating to the
356 expenditure of funds provided for instructional materials, for
357 the 2017-2018 fiscal year, funds provided for instructional
358 materials shall be released and expended as required in the
359 proviso language for Specific Appropriation 91 of the 2017-2018
360 General Appropriations Act. This section expires July 1, 2018.
361 Section 4. In order to implement Specific Appropriation 154
362 of the 2017-2018 General Appropriations Act, upon the expiration
363 and reversion of the amendment to section 1008.46, Florida
364 Statutes, pursuant to section 11 of chapter 2016-62, Laws of
365 Florida, subsection (1) of section 1008.46, Florida Statutes, is
366 amended to read:
367 1008.46 State university accountability process.—It is the
368 intent of the Legislature that an accountability process be
369 implemented that provides for the systematic, ongoing evaluation
370 of quality and effectiveness of state universities. It is
371 further the intent of the Legislature that this accountability
372 process monitor performance at the system level in each of the
373 major areas of instruction, research, and public service, while
374 recognizing the differing missions of each of the state
375 universities. The accountability process shall provide for the
376 adoption of systemwide performance standards and performance
377 goals for each standard identified through a collaborative
378 effort involving state universities, the Board of Governors, the
379 Legislature, and the Governor’s Office, consistent with
380 requirements specified in s. 1001.706. These standards and goals
381 shall be consistent with s. 216.011(1) to maintain congruity
382 with the performance-based budgeting process. This process
383 requires that university accountability reports reflect measures
384 defined through performance-based budgeting. The performance
385 based budgeting measures must also reflect the elements of
386 teaching, research, and service inherent in the missions of the
387 state universities.
388 (1)(a) By December 31 of each year, the Board of Governors
389 shall submit an annual accountability report providing
390 information on the implementation of performance standards,
391 actions taken to improve university achievement of performance
392 goals, the achievement of performance goals during the prior
393 year, and initiatives to be undertaken during the next year. The
394 accountability reports shall be designed in consultation with
395 the Governor’s Office, the Office of Program Policy Analysis and
396 Government Accountability, and the Legislature.
397 (b) Notwithstanding paragraph (a), for the 2017-2018 fiscal
398 year, the Board of Governors shall submit the annual
399 accountability report by March 15, 2018.
400 Section 5. In order to implement Specific Appropriations 7
401 and 91 of the 2017-2018 General Appropriations Act, paragraph
402 (g) of subsection (12) of section 1011.62, Florida Statutes, is
403 amended to read:
404 1011.62 Funds for operation of schools.—If the annual
405 allocation from the Florida Education Finance Program to each
406 district for operation of schools is not determined in the
407 annual appropriations act or the substantive bill implementing
408 the annual appropriations act, it shall be determined as
409 follows:
410 (12) FLORIDA DIGITAL CLASSROOMS ALLOCATION.—
411 (g)1. For the 2017-2018 2016-2017 fiscal year,
412 notwithstanding paragraph (c), each school district shall be
413 provided a minimum of $400,000 $500,000, with the remaining
414 balance of the allocation to be distributed based on each
415 district’s proportion of the total K-12 full-time equivalent
416 enrollment.
417 2. Notwithstanding paragraph (a) and for the 2017-2018
418 fiscal year, if a district school superintendent certifies to
419 the Commissioner of Education that the requirements of the
420 school district’s 2017-2018 digital classrooms plan have been
421 met, the school district may expend from the remaining balance
422 of the current allocation, including any carry-forward funds, up
423 to $250,000 or 25 percent of the allocation, whichever amount is
424 greater, for the purposes identified in s. 1011.71(2) Each
425 district’s digital classrooms allocation plan must give
426 preference to funding the number of devices that comply with the
427 requirements of s. 1001.20(4)(a)1.b. and that are needed to
428 allow each school to administer the Florida Standards
429 Assessments to an entire grade at the same time. If the
430 district’s digital classrooms allocation plan does not include
431 the purchase of devices, the district must certify in the plan
432 that the district currently has sufficient devices to allow each
433 school to administer the Florida Standards Assessments in the
434 manner described in this paragraph.
435 3. This paragraph expires July 1, 2018 2017.
436 Section 6. In order to implement Specific Appropriation 141
437 of the 2017-2018 General Appropriations Act, upon the expiration
438 and reversion of the amendment to section 1004.345, Florida
439 Statutes, pursuant to section 36 of chapter 2016-62, Laws of
440 Florida, subsection (1) of section 1004.345, Florida Statutes,
441 is amended to read:
442 1004.345 The Florida Polytechnic University.—
443 (1) By December 31, 2017 2016, the Florida Polytechnic
444 University shall meet the following criteria as established by
445 the Board of Governors:
446 (a) Achieve accreditation from the Commission on Colleges
447 of the Southern Association of Colleges and Schools;
448 (b) Initiate the development of the new programs in the
449 fields of science, technology, engineering, and mathematics;
450 (c) Seek discipline-specific accreditation for programs;
451 (d) Attain a minimum FTE of 1,244, with a minimum 50
452 percent of that FTE in the fields of science, technology,
453 engineering, and mathematics and 20 percent in programs related
454 to those fields;
455 (e) Complete facilities and infrastructure, including the
456 Science and Technology Building, Phase I of the Wellness Center,
457 and a residence hall or halls containing no fewer than 190 beds;
458 and
459 (f) Have the ability to provide, either directly or where
460 feasible through a shared services model, administration of
461 financial aid, admissions, student support, information
462 technology, and finance and accounting with an internal audit
463 function.
464 Section 7. In order to implement Specific Appropriation 69
465 of the 2017-2018 General Appropriations Act, and notwithstanding
466 the expiration date in section 36 of chapter 2016-62, Laws of
467 Florida, paragraph (b) of subsection (4) of section 1009.986,
468 Florida Statutes, is reenacted to read:
469 1009.986 Florida ABLE program.—
470 (4) FLORIDA ABLE PROGRAM.—
471 (b) The participation agreement must include provisions
472 specifying:
473 1. The participation agreement is only a debt or obligation
474 of the Florida ABLE program and the Florida ABLE Program Trust
475 Fund and, as provided under paragraph (f), is not a debt or
476 obligation of the Florida Prepaid College Board or the state.
477 2. Participation in the Florida ABLE program does not
478 guarantee that sufficient funds will be available to cover all
479 qualified disability expenses for any designated beneficiary and
480 does not guarantee the receipt or continuation of any product or
481 service for the designated beneficiary.
482 3. Whether the Florida ABLE program requires a designated
483 beneficiary to be a resident of this state or a resident of a
484 contracting state at the time the ABLE account is established.
485 In determining whether to require residency, the Florida Prepaid
486 College Board shall consider, among other factors:
487 a. Market research; and
488 b. Estimated operating revenues and costs.
489 4. The establishment of an ABLE account in violation of
490 federal law is prohibited.
491 5. Contributions in excess of the limitations set forth in
492 s. 529A of the Internal Revenue Code are prohibited.
493 6. The state is a creditor of ABLE accounts as, and to the
494 extent, set forth in s. 529A of the Internal Revenue Code.
495 7. Material misrepresentations by a party to the
496 participation agreement, other than Florida ABLE, Inc., in the
497 application for the participation agreement or in any
498 communication with Florida ABLE, Inc., regarding the Florida
499 ABLE program may result in the involuntary liquidation of the
500 ABLE account. If an account is involuntarily liquidated, the
501 designated beneficiary is entitled to a refund, subject to any
502 fees or penalties provided by the participation agreement and
503 the Internal Revenue Code.
504 Section 8. The text of s. 1009.986(4)(b), Florida Statutes,
505 as carried forward from chapter 2016-62, Laws of Florida, in
506 this act, expires July 1, 2018, and the text of that paragraph
507 shall revert to that in existence on June 30, 2016, except that
508 any amendments to such text enacted other than by this act shall
509 be preserved and continue to operate to the extent that such
510 amendments are not dependent upon the portions of text which
511 expire pursuant to this section.
512 Section 9. In order to implement Specific Appropriation 22
513 of the 2017-2018 General Appropriations Act, for the 2017-2018
514 fiscal year only and notwithstanding s. 1013.64(2)(a)6., Florida
515 Statutes, the Dixie County Middle/High School special facility
516 project may exceed the cost per student station.
517 Section 10. In order to implement Specific Appropriations
518 198, 199, 200, 203, and 207 of the 2017-2018 General
519 Appropriations Act, the calculations for the Medicaid Low-Income
520 Pool, Disproportionate Share Hospital, and Hospital
521 Reimbursement programs, for the 2017-2018 fiscal year contained
522 in the document titled “Medicaid Hospital Funding Programs,”
523 dated March 30, 2017, and filed with the Secretary of the
524 Senate, are incorporated by reference for the purpose of
525 displaying the calculations used by the Legislature, consistent
526 with the requirements of state law, in making appropriations for
527 the Medicaid Low-Income Pool, Disproportionate Share Hospital,
528 and Hospital Reimbursement programs. This section expires July
529 1, 2018.
530 Section 11. In order to implement Specific Appropriations
531 190 through 212A and 522 of the 2017-2018 General Appropriations
532 Act, and notwithstanding ss. 216.181 and 216.292, Florida
533 Statutes, the Agency for Health Care Administration, in
534 consultation with the Department of Health, may submit a budget
535 amendment, subject to the notice, review, and objection
536 procedures of s. 216.177, Florida Statutes, to realign funding
537 within and between agencies based on implementation of the
538 Managed Medical Assistance component of the Statewide Medicaid
539 Managed Care program for the Children’s Medical Services program
540 of the Department of Health. The funding realignment shall
541 reflect the actual enrollment changes due to the transfer of
542 beneficiaries from fee-for-service to the capitated Children’s
543 Medical Services Network. The Agency for Health Care
544 Administration may submit a request for nonoperating budget
545 authority to transfer the federal funds to the Department of
546 Health pursuant to s. 216.181(12), Florida Statutes. This
547 section expires July 1, 2018.
548 Section 12. In order to implement Specific Appropriation
549 241 of the 2017-2018 General Appropriations Act:
550 (1) If during the 2017-2018 fiscal year, the Agency for
551 Persons with Disabilities ceases to have an allocation algorithm
552 and methodology adopted by valid rule pursuant to s. 393.0662,
553 Florida Statutes, the agency shall use the following until it
554 adopts a new allocation algorithm and methodology:
555 (a) Each client’s iBudget in effect as of the date the
556 agency ceases to have an allocation algorithm and methodology
557 adopted by valid rule pursuant to s. 393.0662, Florida Statutes,
558 shall remain at that funding level.
559 (b) The Agency for Persons with Disabilities shall
560 determine the iBudget for a client newly enrolled in the home
561 and community-based services waiver program using the same
562 allocation algorithm and methodology used for the iBudgets
563 determined between January 1, 2017, and June 30, 2017.
564 (2) After a new allocation algorithm and methodology is
565 adopted by final rule, a client’s new iBudget shall be
566 determined based on the new allocation algorithm and methodology
567 and shall take effect as of the client’s next support plan
568 update.
569 (3) Funding allocated under subsections (1) and (2) may be
570 increased pursuant to s. 393.0662(1)(b), Florida Statutes, or as
571 necessary to comply with federal regulations.
572 (4) This section expires July 1, 2018.
573 Section 13. Effective upon this act becoming a law and in
574 order to implement Specific Appropriation 249 of the 2017-2018
575 General Appropriations Act, subsection (8) is added to section
576 393.0662, Florida Statutes, to read:
577 393.0662 Individual budgets for delivery of home and
578 community-based services; iBudget system established.—The
579 Legislature finds that improved financial management of the
580 existing home and community-based Medicaid waiver program is
581 necessary to avoid deficits that impede the provision of
582 services to individuals who are on the waiting list for
583 enrollment in the program. The Legislature further finds that
584 clients and their families should have greater flexibility to
585 choose the services that best allow them to live in their
586 community within the limits of an established budget. Therefore,
587 the Legislature intends that the agency, in consultation with
588 the Agency for Health Care Administration, shall manage the
589 service delivery system using individual budgets as the basis
590 for allocating the funds appropriated for the home and
591 community-based services Medicaid waiver program among eligible
592 enrolled clients. The service delivery system that uses
593 individual budgets shall be called the iBudget system.
594 (8) The agency shall contract for an independent consultant
595 who shall:
596 (a) Conduct reviews of significant additional need requests
597 and support coordinator workload and referral processes;
598 (b) Evaluate trends in waiver service requests and denials,
599 regional trends, provider specific trends, and any other
600 indicators that are identified with increased requests; and
601 (c) Review significant additional needs requests approved
602 by the agency which meet the following criteria:
603 1. Significant additional need requests that have been
604 submitted by a support coordinator for more than 20 percent of
605 his or her caseload in any of the past three fiscal years.
606 2. Regions with the highest growth in submitted significant
607 additional need requests in any of the past three fiscal years.
608 3. Increases in the intensity of behavioral services and
609 residential habilitation behavioral services.
610 (d) The independent consultant shall make recommendations
611 to the agency which focus on improving the iBudget process or
612 the significant additional need submission and approval process,
613 including, but not limited to, process improvement, utilization
614 review, best practices, and training for support coordinators or
615 agency staff. The agency shall submit the independent
616 consultant’s recommendations to the Governor, the President of
617 the Senate, and the Speaker of the House of Representatives by
618 December 15, 2017.
619 (e) This subsection expires on July 1, 2018.
620 Section 14. Effective upon this act becoming a law and in
621 order to implement Specific Appropriation 249 of the 2017-2018
622 General Appropriations Act:
623 (1) The Agency for Persons with Disabilities shall contract
624 with an independent consultant to examine the state’s
625 transportation disadvantaged services, how such services are
626 provided in urban and nonurbanized areas and how to assist in
627 the development and use of different provider models.
628 (2) There is created the Task Force on Transportation
629 Disadvantaged Services, a task force as defined in s. 20.03,
630 Florida Statutes. The task force is assigned to the Agency for
631 Persons with Disabilities; however, the Commission for the
632 Transportation Disadvantaged shall also assist the task force in
633 carrying out its duties and responsibilities. The purpose of the
634 task force is to examine the design and use of transportation
635 disadvantaged services, considering at least the following:
636 (a) The use of regional fare payment systems;
637 (b) The improvement of transportation disadvantaged
638 services in both urban and nonurbanized areas;
639 (c) The use of intercity and intercounty bus
640 transportation; and
641 (d) The use of private providers or transportation network
642 companies.
643 (3) The task force is composed of the following members:
644 (a) The director of the Agency for Persons with
645 Disabilities or his or her designee.
646 (b) The executive director of the Commission for the
647 Transportation Disadvantaged or his or her designee.
648 (c) The community transportation coordinators for Alachua,
649 Jackson, Miami-Dade, and Pinellas Counties.
650 (d) Two individuals who currently use transportation
651 disadvantaged services, one appointed by the agency director and
652 the other appointed by the executive director of the commission.
653 (e) A representative of the Florida Developmental
654 Disabilities Council.
655 (f) A representative of Family Care Council Florida.
656 (4) At a minimum, the task force shall consider:
657 (a) Routing improvement to minimize passenger transfers or
658 wait times;
659 (b) The ability to provide transportation disadvantaged
660 services between specific origins and destinations selected by
661 the individual user at a time that is agreed upon by the user
662 and the provider of the service; and
663 (c) The provision of transportation disadvantaged services
664 to individual users to allow them to access health care, places
665 of employment, education, and other life-sustaining activities
666 in a cost-effective and efficient manner, while reducing
667 fragmentation and duplication of services.
668 (5) The task force shall submit a report that, at a
669 minimum, includes its findings and recommendations to the
670 Governor, the President of the Senate, and the Speaker of the
671 House of Representatives by December 15, 2017, at which time the
672 task force shall terminate.
673 Section 15. In order to implement Specific Appropriations
674 551 through 562 of the 2017-2018 General Appropriations Act,
675 subsection (3) of section 296.37, Florida Statutes, is amended
676 to read:
677 296.37 Residents; contribution to support.—
678 (3) Notwithstanding subsection (1), each resident of the
679 home who receives a pension, compensation, or gratuity from the
680 United States Government, or income from any other source, of
681 more than $105 per month shall contribute to his or her
682 maintenance and support while a resident of the home in
683 accordance with a payment schedule determined by the
684 administrator and approved by the director. The total amount of
685 such contributions shall be to the fullest extent possible, but,
686 in no case, shall exceed the actual cost of operating and
687 maintaining the home. This subsection expires July 1, 2018 2017.
688 Section 16. In order to implement Specific Appropriation
689 199 of the 2017-2018 General Appropriations Act, subsection (10)
690 of section 409.911, Florida Statutes, is amended to read:
691 409.911 Disproportionate share program.—Subject to specific
692 allocations established within the General Appropriations Act
693 and any limitations established pursuant to chapter 216, the
694 agency shall distribute, pursuant to this section, moneys to
695 hospitals providing a disproportionate share of Medicaid or
696 charity care services by making quarterly Medicaid payments as
697 required. Notwithstanding the provisions of s. 409.915, counties
698 are exempt from contributing toward the cost of this special
699 reimbursement for hospitals serving a disproportionate share of
700 low-income patients.
701 (10) Notwithstanding any provision of this section to the
702 contrary, for the 2017-2018 2016-2017 state fiscal year, the
703 agency shall distribute moneys to hospitals providing a
704 disproportionate share of Medicaid or charity care services as
705 provided in the 2017-2018 2016-2017 General Appropriations Act.
706 This subsection expires July 1, 2018 2017.
707 Section 17. In order to implement Specific Appropriation
708 199 of the 2017-2018 General Appropriations Act, subsection (3)
709 of section 409.9113, Florida Statutes, is amended to read:
710 409.9113 Disproportionate share program for teaching
711 hospitals.—In addition to the payments made under s. 409.911,
712 the agency shall make disproportionate share payments to
713 teaching hospitals, as defined in s. 408.07, for their increased
714 costs associated with medical education programs and for
715 tertiary health care services provided to the indigent. This
716 system of payments must conform to federal requirements and
717 distribute funds in each fiscal year for which an appropriation
718 is made by making quarterly Medicaid payments. Notwithstanding
719 s. 409.915, counties are exempt from contributing toward the
720 cost of this special reimbursement for hospitals serving a
721 disproportionate share of low-income patients. The agency shall
722 distribute the moneys provided in the General Appropriations Act
723 to statutorily defined teaching hospitals and family practice
724 teaching hospitals, as defined in s. 395.805, pursuant to this
725 section. The funds provided for statutorily defined teaching
726 hospitals shall be distributed as provided in the General
727 Appropriations Act. The funds provided for family practice
728 teaching hospitals shall be distributed equally among family
729 practice teaching hospitals.
730 (3) Notwithstanding any provision of this section to the
731 contrary, for the 2017-2018 2016-2017 state fiscal year, the
732 agency shall make disproportionate share payments to teaching
733 hospitals, as defined in s. 408.07, as provided in the 2017-2018
734 2016-2017 General Appropriations Act. This subsection expires
735 July 1, 2018 2017.
736 Section 18. In order to implement Specific Appropriation
737 199 of the 2017-2018 General Appropriations Act, subsection (4)
738 of section 409.9119, Florida Statutes, is amended to read:
739 409.9119 Disproportionate share program for specialty
740 hospitals for children.—In addition to the payments made under
741 s. 409.911, the Agency for Health Care Administration shall
742 develop and implement a system under which disproportionate
743 share payments are made to those hospitals that are licensed by
744 the state as specialty hospitals for children and were licensed
745 on January 1, 2000, as specialty hospitals for children. This
746 system of payments must conform to federal requirements and must
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 that serve a
751 disproportionate share of low-income patients. The agency may
752 make disproportionate share payments to specialty hospitals for
753 children as provided for in the General Appropriations Act.
754 (4) Notwithstanding any provision of this section to the
755 contrary, for the 2017-2018 2016-2017 state fiscal year, for
756 hospitals achieving full compliance under subsection (3), the
757 agency shall make disproportionate share payments to specialty
758 hospitals for children as provided in the 2017-2018 2016-2017
759 General Appropriations Act. This subsection expires July 1, 2018
760 2017.
761 Section 19. In order to implement Specific Appropriations
762 494 through 517 of the 2017-2018 General Appropriations Act,
763 subsection (17) of section 893.055, Florida Statutes, is amended
764 to read:
765 893.055 Prescription drug monitoring program.—
766 (17) Notwithstanding subsection (10), and for the 2017-2018
767 2016-2017 fiscal year only, the department may use state funds
768 appropriated in the 2017-2018 2016-2017 General Appropriations
769 Act to administer the prescription drug monitoring program.
770 Neither the Attorney General nor the department may use funds
771 received as part of a settlement agreement to administer the
772 prescription drug monitoring program. This subsection expires
773 July 1, 2018 2017.
774 Section 20. In order to implement Specific Appropriations
775 582 through 708 and 722 through 756 of the 2017-2018 General
776 Appropriations Act, subsection (4) of section 216.262, Florida
777 Statutes, is amended to read:
778 216.262 Authorized positions.—
779 (4) Notwithstanding the provisions of this chapter relating
780 to increasing the number of authorized positions, and for the
781 2017-2018 2016-2017 fiscal year only, if the actual inmate
782 population of the Department of Corrections exceeds the inmate
783 population projections of the February 23, 2017 December 17,
784 2015, Criminal Justice Estimating Conference by 1 percent for 2
785 consecutive months or 2 percent for any month, the Executive
786 Office of the Governor, with the approval of the Legislative
787 Budget Commission, shall immediately notify the Criminal Justice
788 Estimating Conference, which shall convene as soon as possible
789 to revise the estimates. The Department of Corrections may then
790 submit a budget amendment requesting the establishment of
791 positions in excess of the number authorized by the Legislature
792 and additional appropriations from unallocated general revenue
793 sufficient to provide for essential staff, fixed capital
794 improvements, and other resources to provide classification,
795 security, food services, health services, and other variable
796 expenses within the institutions to accommodate the estimated
797 increase in the inmate population. All actions taken pursuant to
798 this subsection are subject to review and approval by the
799 Legislative Budget Commission. This subsection expires July 1,
800 2018 2017.
801 Section 21. In order to implement Specific Appropriations
802 1293 and 1294 of the 2017-2018 General Appropriations Act, the
803 Department of Legal Affairs may expend appropriated funds in
804 those specific appropriations on the same programs that were
805 funded by the department pursuant to specific appropriations
806 made in general appropriations acts in previous years. This
807 section expires July 1, 2018.
808 Section 22. In order to implement Specific Appropriations
809 1228 and 1234 of the 2017-2018 General Appropriations Act,
810 paragraph (d) of subsection (4) of section 932.7055, Florida
811 Statutes, is amended to read:
812 932.7055 Disposition of liens and forfeited property.—
813 (4) The proceeds from the sale of forfeited property shall
814 be disbursed in the following priority:
815 (d) Notwithstanding any other provision of this subsection,
816 and for the 2017-2018 2016-2017 fiscal year only, the funds in a
817 special law enforcement trust fund established by the governing
818 body of a municipality may be expended to reimburse the general
819 fund of the municipality for moneys advanced from the general
820 fund to the special law enforcement trust fund before October 1,
821 2001. This paragraph expires July 1, 2018 2017.
822 Section 23. In order to implement Specific Appropriations
823 3145 through 3212 of the 2017-2018 General Appropriations Act,
824 subsection (2) of section 215.18, Florida Statutes, is amended
825 to read:
826 215.18 Transfers between funds; limitation.—
827 (2) The Chief Justice of the Supreme Court may receive one
828 or more trust fund loans to ensure that the state court system
829 has funds sufficient to meet its appropriations in the 2017-2018
830 2016-2017 General Appropriations Act. If the Chief Justice
831 accesses the loan, he or she must notify the Governor and the
832 chairs of the legislative appropriations committees in writing.
833 The loan must come from other funds in the State Treasury which
834 are for the time being or otherwise in excess of the amounts
835 necessary to meet the just requirements of such last-mentioned
836 funds. The Governor shall order the transfer of funds within 5
837 days after the written notification from the Chief Justice. If
838 the Governor does not order the transfer, the Chief Financial
839 Officer shall transfer the requested funds. The loan of funds
840 from which any money is temporarily transferred must be repaid
841 by the end of the 2017-2018 2016-2017 fiscal year. This
842 subsection expires July 1, 2018 2017.
843 Section 24. In order to implement Specific Appropriation
844 727, and notwithstanding s. 216.292, Florida Statutes, the
845 Department of Corrections is authorized to submit budget
846 amendments to transfer funds from categories within the
847 department other than fixed capital outlay categories into the
848 Inmate Health Services category in order to continue the current
849 level of care in the provision of health services. Such
850 transfers are subject to the notice, review, and objection
851 procedures of s. 216.177, Florida Statutes. This section expires
852 July 1, 2018.
853 Section 25. (1) In order to implement Specific
854 Appropriations 1104 through 1116A of the 2017-2018 General
855 Appropriations Act, the Department of Juvenile Justice is
856 required to review county juvenile detention payments to ensure
857 that counties fulfill their financial responsibilities required
858 in s. 985.686, Florida Statutes. If the Department of Juvenile
859 Justice determines that a county has not met its obligations,
860 the department shall direct the Department of Revenue to deduct
861 the amount owed to the Department of Juvenile Justice from the
862 funds provided to the county under s. 218.23, Florida Statutes.
863 The Department of Revenue shall transfer the funds withheld to
864 the Shared County/State Juvenile Detention Trust Fund.
865 (2) As an assurance to holders of bonds issued by counties
866 before July 1, 2016, for which distributions made pursuant to s.
867 218.23, Florida Statutes, are pledged, or bonds issued to refund
868 such bonds which mature no later than the bonds they refunded
869 and which result in a reduction of debt service payable in each
870 fiscal year, the amount available for distribution to a county
871 shall remain as provided by law and continue to be subject to
872 any lien or claim on behalf of the bondholders. The Department
873 of Revenue must ensure, based on information provided by an
874 affected county, that any reduction in amounts distributed
875 pursuant to subsection (1) does not reduce the amount of
876 distribution to a county below the amount necessary for the
877 timely payment of principal and interest when due on the bonds
878 and the amount necessary to comply with any covenant under the
879 bond resolution or other documents relating to the issuance of
880 the bonds. If a reduction to a county’s monthly distribution
881 must be decreased in order to comply with this subsection, the
882 Department of Revenue must notify the Department of Juvenile
883 Justice of the amount of the decrease, and the Department of
884 Juvenile Justice must send a bill for payment of such amount to
885 the affected county.
886 (3) This section expires July 1, 2018.
887 Section 26. In order to implement Specific Appropriations
888 1104 through 1116A of the 2017-2018 General Appropriations Act,
889 the Department of Juvenile Justice may not provide, make, pay,
890 or deduct, and a nonfiscally constrained county may not apply,
891 deduct, or receive any reimbursement or any credit for any
892 previous overpayment of juvenile detention care costs related to
893 or for any previous state fiscal year, against the juvenile
894 detention care costs due from the nonfiscally constrained county
895 in the 2017-2018 fiscal year pursuant to s. 985.686, Florida
896 Statutes, or any other law. This section expires July 1, 2018.
897 Section 27. In order to implement Specific Appropriation
898 782 of the 2017-2018 General Appropriations Act, subsection (13)
899 is added to section 27.5304, Florida Statutes, to read:
900 27.5304 Private court-appointed counsel; compensation;
901 notice.—
902 (13) Notwithstanding the limitation set forth in subsection
903 (5) and for the 2017-2018 fiscal year only, the compensation for
904 representation in a criminal proceeding may not exceed the
905 following:
906 (a) For misdemeanors and juveniles represented at the trial
907 level: $1,000.
908 (b) For noncapital, nonlife felonies represented at the
909 trial level: $15,000.
910 (c) For life felonies represented at the trial level:
911 $15,000.
912 (d) For capital cases represented at the trial level:
913 $25,000. For purposes of this paragraph, a “capital case” is any
914 offense for which the potential sentence is death and the state
915 has not waived seeking the death penalty.
916 (e) For representation on appeal: $9,000.
917 (f) This subsection expires July 1, 2018.
918 Section 28. In order to implement Specific Appropriation
919 774 of the 2017-2018 General Appropriations Act, and
920 notwithstanding ss. 28.35 and 40.24, Florida Statutes, the
921 Justice Administrative Commission shall provide funds to the
922 clerks of the circuit court to pay compensation to jurors, for
923 meals or lodging provided to jurors, and for jury-related
924 personnel costs as provided in this section. Each clerk of the
925 circuit court shall forward to the Justice Administrative
926 Commission a quarterly estimate of funds necessary to pay
927 compensation to jurors and for meals or lodging provided to
928 jurors. The Florida Clerks of Court Operations Corporation shall
929 forward to the Justice Administrative Commission a quarterly
930 estimate of jury-related personnel costs necessary to pay each
931 clerk of the circuit court personnel costs related to jury
932 management. Upon receipt of such estimates, the Justice
933 Administrative Commission shall endorse the amount deemed
934 necessary for payment to the clerks of the circuit court during
935 the quarter and shall submit a request for payment to the Chief
936 Financial Officer. If the Justice Administrative Commission
937 believes that the amount appropriated by the Legislature is
938 insufficient to meet such costs during the remaining part of the
939 state fiscal year, the commission may apportion the funds
940 appropriated in the General Appropriations Act for those
941 purposes among the several counties, basing the apportionment
942 upon the amount expended for such purposes in each county during
943 the prior fiscal year. In that case, the Chief Financial Officer
944 shall only issue the appropriate apportioned amount by warrant
945 to each county. The clerks of the circuit court are responsible
946 for any costs of compensation to jurors, for meals or lodging
947 provided to jurors, and for jury-related personnel costs that
948 exceed the funding provided in the General Appropriations Act
949 for these purposes. This section expires July 1, 2018.
950 Section 29. In order to implement Specific Appropriation
951 1986B in the 2017-2018 General Appropriations Act:
952 (1) There is created the Florida Criminal Justice Reform
953 Task Force within the Legislature. The task force is created for
954 the purpose of conducting a comprehensive review of the state’s
955 criminal justice system, court system, and corrections system.
956 (2) The task force is composed of the following members:
957 (a) Two members of the Senate, appointed by the President
958 of the Senate.
959 (b) Two members of the House of Representatives, appointed
960 by the Speaker of the House of Representatives.
961 (c) Two circuit judges, one of whom must have presided over
962 a mental health court or drug court, appointed by the chair of
963 the Conference of Circuit Judges of Florida.
964 (d) Two county court judges, appointed by the chair of the
965 Conference of County Court Judges of Florida.
966 (e) A justice of the Supreme Court or judge of a district
967 court of appeal, appointed by the Chief Justice of the Supreme
968 Court.
969 (f) A representative of the Florida State University
970 Project on Accountable Justice, appointed by the chair of the
971 project’s executive board.
972 (g) A representative of a victim’s advocacy group,
973 appointed by the Governor from a list of three nominees
974 recommended by the chairs of the committees in the Senate and
975 the House of Representatives with jurisdiction over criminal
976 justice matters.
977 (h) Two county commissioners, appointed by the Florida
978 Association of Counties.
979 (i) A formerly incarcerated individual who has demonstrated
980 exceptional commitment to rehabilitation and community
981 improvement, appointed by the Governor from a list of three
982 nominees jointly recommended by the chairs of the committees in
983 the Senate and the House of Representatives with jurisdiction
984 over criminal justice matters.
985 (j) Two representatives of the faith community, either
986 clergy or employees of faith-based policy organizations,
987 appointed by the Governor from a list of three nominees jointly
988 recommended by the chairs of the committees in the Senate and
989 the House of Representatives with jurisdiction over criminal
990 justice matters.
991 (k) The chairs of the committees of the Senate and the
992 House of Representatives with jurisdiction over criminal justice
993 matters or their designees.
994 (l) Two designees of the Executive Office of the Governor
995 with demonstrated knowledge in the criminal justice field.
996 (m) The Attorney General or his or her designee.
997 (n) The Secretary of Corrections or his or her designee.
998 (o) The Secretary of Juvenile Justice or his or her
999 designee.
1000 (p) The president of the Florida Prosecuting Attorneys
1001 Association or his or her designee.
1002 (q) The president of the Florida Public Defenders
1003 Association or his or her designee.
1004 (r) The president of the Florida Association of Criminal
1005 Defense Lawyers or his or her designee.
1006 (s) The president of the Florida Sheriffs Association or
1007 his or her designee.
1008 (t) The president of the Florida Police Chiefs Association
1009 or his or her designee.
1010 (3) The task force shall use a data-driven approach to
1011 study, evaluate, analyze, and undertake a comprehensive review
1012 of the state’s adult criminal justice system and develop
1013 sentencing and corrections policy recommendations for proposed
1014 legislation to carry out the goals of reducing correctional
1015 populations and associated correctional spending by focusing
1016 prison capacity on serious offenses and violent criminals,
1017 holding offenders accountable more efficiently by implementing
1018 or expanding research-based supervision and sentencing
1019 practices, and reinvesting savings into strategies shown to
1020 decrease recidivism, including reentry outcomes.
1021 (4) The task force shall submit a report of its findings,
1022 conclusions, and recommendations for proposed legislation to the
1023 President of the Senate and the Speaker of the House of
1024 Representatives by the date of convening of the 2018 Regular
1025 Session of the Legislature.
1026 (5) This section expires July 1, 2018.
1027 Section 30. In order to implement appropriations used to
1028 pay existing lease contracts for private lease space in excess
1029 of 2,000 square feet in the 2017-2018 General Appropriations
1030 Act, the Department of Management Services, with the cooperation
1031 of the agencies having the existing lease contracts for office
1032 or storage space, shall use tenant broker services to
1033 renegotiate or reprocure all private lease agreements for office
1034 or storage space expiring between July 1, 2017, and June 30,
1035 2020, in order to reduce costs in future years. The department
1036 shall incorporate this initiative into its 2017 master leasing
1037 report required under s. 255.249(7), Florida Statutes, and may
1038 use tenant broker services to explore the possibilities of
1039 collocating office or storage space, to review the space needs
1040 of each agency, and to review the length and terms of potential
1041 renewals or renegotiations. The department shall provide a
1042 report to the Executive Office of the Governor, the President of
1043 the Senate, and the Speaker of the House of Representatives by
1044 November 1, 2017, which lists each lease contract for private
1045 office or storage space, the status of renegotiations, and the
1046 savings achieved. This section expires July 1, 2018.
1047 Section 31. In order to implement Specific Appropriations
1048 2864 through 2876A of the 2017-2018 General Appropriations Act,
1049 upon the expiration and reversion of the amendment to section
1050 282.709, Florida Statutes, pursuant to section 72 of chapter
1051 2016-62, Laws of Florida, paragraph (a) of subsection (2) of
1052 section 282.709, Florida Statutes, is amended to read:
1053 282.709 State agency law enforcement radio system and
1054 interoperability network.—
1055 (2) The Joint Task Force on State Agency Law Enforcement
1056 Communications is created adjunct to the department to advise
1057 the department of member-agency needs relating to the planning,
1058 designing, and establishment of the statewide communication
1059 system.
1060 (a) The Joint Task Force on State Agency Law Enforcement
1061 Communications shall consist of the following members:
1062 1. A representative of the Division of Alcoholic Beverages
1063 and Tobacco of the Department of Business and Professional
1064 Regulation who shall be appointed by the secretary of the
1065 department.
1066 2. A representative of the Division of Florida Highway
1067 Patrol of the Department of Highway Safety and Motor Vehicles
1068 who shall be appointed by the executive director of the
1069 department.
1070 3. A representative of the Department of Law Enforcement
1071 who shall be appointed by the executive director of the
1072 department.
1073 4. A representative of the Fish and Wildlife Conservation
1074 Commission who shall be appointed by the executive director of
1075 the commission.
1076 5. A representative of the Department of Corrections who
1077 shall be appointed by the secretary of the department.
1078 6. A representative of the Division of Investigative and
1079 Forensic Services of the Department of Financial Services who
1080 shall be appointed by the Chief Financial Officer.
1081 7. A representative of the Department of Transportation who
1082 shall be appointed by the secretary of the department.
1083 8. A representative of the Department of Agriculture and
1084 Consumer Services who shall be appointed by the Commissioner of
1085 Agriculture.
1086 Section 32. In order to implement Specific Appropriations
1087 2768 through 2780A of the 2017-2018 General Appropriations Act,
1088 and notwithstanding rule 60A-1.031, Florida Administrative Code,
1089 the transaction fee collected for use of the online procurement
1090 system, authorized in ss. 287.042(1)(h)1. and 287.057(22)(c),
1091 Florida Statutes, is seven-tenths of 1 percent for the 2017-2018
1092 fiscal year only. This section expires July 1, 2018.
1093 Section 33. In order to implement appropriations authorized
1094 in the 2017-2018 General Appropriations Act for data center
1095 services, and notwithstanding s. 216.292(2)(a), Florida
1096 Statutes, an agency may not transfer funds from a data
1097 processing category to a category other than another data
1098 processing category. This section expires July 1, 2018.
1099 Section 34. In order to implement the appropriation of
1100 funds in the appropriation category “Data Processing Assessment
1101 Agency for State Technology” in the 2017-2018 General
1102 Appropriations Act, and pursuant to the notice, review, and
1103 objection procedures of s. 216.177, Florida Statutes, the
1104 Executive Office of the Governor may transfer funds appropriated
1105 in that category between departments in order to align the
1106 budget authority granted based on the estimated billing cycle
1107 and methodology used by the Agency for State Technology for data
1108 processing services provided. This section expires July 1, 2018.
1109 Section 35. In order to implement Specific Appropriation
1110 2856 of the 2017-2018 General Appropriations Act, the Executive
1111 Office of the Governor may transfer funds appropriated in the
1112 appropriation category “Expenses” of the 2017-2018 General
1113 Appropriations Act between agencies in order to allocate a
1114 reduction relating to SUNCOM Network services. This section
1115 expires July 1, 2018.
1116 Section 36. In order to implement the appropriation of
1117 funds in the appropriation category “Special Categories-Risk
1118 Management Insurance” in the 2017-2018 General Appropriations
1119 Act, and pursuant to the notice, review, and objection
1120 procedures of s. 216.177, Florida Statutes, the Executive Office
1121 of the Governor may transfer funds appropriated in that category
1122 between departments in order to align the budget authority
1123 granted with the premiums paid by each department for risk
1124 management insurance. This section expires July 1, 2018.
1125 Section 37. In order to implement the appropriation of
1126 funds in the appropriation category “Special Categories-Transfer
1127 to Department of Management Services-Human Resources Services
1128 Purchased per Statewide Contract” in the 2017-2018 General
1129 Appropriations Act, and pursuant to the notice, review, and
1130 objection procedures of s. 216.177, Florida Statutes, the
1131 Executive Office of the Governor may transfer funds appropriated
1132 in that category between departments in order to align the
1133 budget authority granted with the assessments that must be paid
1134 by each agency to the Department of Management Services for
1135 human resource management services. This section expires July 1,
1136 2018.
1137 Section 38. In order to implement Specific Appropriation
1138 2334 of the 2017-2018 General Appropriations Act:
1139 (1) The Department of Financial Services shall replace the
1140 four main components of the Florida Accounting Information
1141 Resource Subsystem (FLAIR), which include central FLAIR,
1142 departmental FLAIR, payroll, and information warehouse, and
1143 shall replace the cash management and accounting management
1144 components of the Cash Management Subsystem (CMS) with an
1145 integrated enterprise system that allows the state to organize,
1146 define, and standardize its financial management business
1147 processes and that complies with ss. 215.90-215.96, Florida
1148 Statutes. The department may not include in the replacement of
1149 FLAIR and CMS:
1150 (a) Functionality that duplicates any of the other
1151 information subsystems of the Florida Financial Management
1152 Information System; or
1153 (b) Agency business processes related to any of the
1154 functions included in the Personnel Information System, the
1155 Purchasing Subsystem, or the Legislative Appropriations
1156 System/Planning and Budgeting Subsystem.
1157 (2) For purposes of replacing FLAIR and CMS, the Department
1158 of Financial Services shall:
1159 (a) Take into consideration the cost and implementation
1160 data identified for Option 3 as recommended in the March 31,
1161 2014, Florida Department of Financial Services FLAIR Study,
1162 version 031.
1163 (b) Ensure that all business requirements and technical
1164 specifications have been provided to all state agencies for
1165 their review and input and approved by the executive steering
1166 committee established in paragraph (c).
1167 (c) Implement a project governance structure that includes
1168 an executive steering committee composed of:
1169 1. The Chief Financial Officer or the executive sponsor of
1170 the project.
1171 2. A representative of the Division of Treasury of the
1172 Department of Financial Services, appointed by the Chief
1173 Financial Officer.
1174 3. A representative of the Division of Information Systems
1175 of the Department of Financial Services, appointed by the Chief
1176 Financial Officer.
1177 4. Four employees from the Division of Accounting and
1178 Auditing of the Department of Financial Services, appointed by
1179 the Chief Financial Officer. Each employee must have experience
1180 relating to at least one of the four main components that
1181 compose FLAIR.
1182 5. Two employees from the Executive Office of the Governor,
1183 appointed by the Governor. One employee must have experience
1184 relating to the Legislative Appropriations System/Planning and
1185 Budgeting Subsystem.
1186 6. One employee from the Department of Revenue, appointed
1187 by the executive director, who has experience relating to the
1188 department’s SUNTAX system.
1189 7. Two employees from the Department of Management
1190 Services, appointed by the Secretary of Management Services. One
1191 employee must have experience relating to the department’s
1192 personnel information subsystem and one employee must have
1193 experience relating to the department’s purchasing subsystem.
1194 8. Three state agency administrative services directors,
1195 appointed by the Governor. One director must represent a
1196 regulatory and licensing state agency and one director must
1197 represent a health care-related state agency.
1198 (3) The Chief Financial Officer or the executive sponsor of
1199 the project shall serve as chair of the executive steering
1200 committee, and the committee shall take action by a vote of at
1201 least eight affirmative votes with the Chief Financial Officer
1202 or the executive sponsor of the project voting on the prevailing
1203 side. A quorum of the executive steering committee consists of
1204 at least 10 members.
1205 (4) The executive steering committee has the overall
1206 responsibility for ensuring that the project to replace FLAIR
1207 and CMS meets its primary business objectives and shall:
1208 (a) Identify and recommend to the Executive Office of the
1209 Governor, the President of the Senate, and the Speaker of the
1210 House of Representatives any statutory changes needed to
1211 implement the replacement subsystem that will standardize, to
1212 the fullest extent possible, the state’s financial management
1213 business processes.
1214 (b) Review and approve any changes to the project’s scope,
1215 schedule, and budget which do not conflict with the requirements
1216 of subsection (1).
1217 (c) Ensure that adequate resources are provided throughout
1218 all phases of the project.
1219 (d) Approve all major project deliverables.
1220 (e) Approve all solicitation-related documents associated
1221 with the replacement of FLAIR and CMS.
1222
1223 This section expires July 1, 2018.
1224 Section 39. In order to implement Specific Appropriation
1225 1552 of the 2017-2018 General Appropriations Act, paragraph (m)
1226 of subsection (3) of section 259.105, Florida Statutes, is
1227 amended to read:
1228 259.105 The Florida Forever Act.—
1229 (3) Less the costs of issuing and the costs of funding
1230 reserve accounts and other costs associated with bonds, the
1231 proceeds of cash payments or bonds issued pursuant to this
1232 section shall be deposited into the Florida Forever Trust Fund
1233 created by s. 259.1051. The proceeds shall be distributed by the
1234 Department of Environmental Protection in the following manner:
1235 (m) Notwithstanding paragraphs (a)-(j), and for the 2017
1236 2018 2016-2017 fiscal year only:
1237 1. The amount of $10,156,206 $15,156,206 to only the
1238 Division of State Lands within the Department of Environmental
1239 Protection for the Board of Trustees Florida Forever Priority
1240 List land acquisition projects.
1241 2. Five Thirty-five million dollars shall be spent on land
1242 acquisition within the Florida Keys Area of Critical State
1243 Concern as authorized pursuant to s. 259.045 to the Department
1244 of Agriculture and Consumer Services for the acquisition of
1245 agricultural lands through perpetual conservation easements and
1246 other perpetual less-than-fee techniques, which will achieve the
1247 objectives of Florida Forever and s. 570.71.
1248 3.a. Notwithstanding any allocation required pursuant to
1249 paragraph (c), $10 million shall be allocated to the Florida
1250 Communities Trust for projects acquiring conservation or
1251 recreation lands to enhance recreational opportunities for
1252 individuals with unique abilities.
1253 b. The Department of Environmental Protection may waive the
1254 local government matching fund requirement of paragraph (c) for
1255 projects acquiring conservation or recreation lands to enhance
1256 recreational opportunities for individuals with unique
1257 abilities.
1258 c. Notwithstanding sub-subparagraphs a. and b., any funds
1259 required to be used to acquire conservation or recreation lands
1260 to enhance recreational opportunities for individuals with
1261 unique abilities which have not been awarded for those purposes
1262 by May 1, 2017, may be awarded to redevelop or renew outdoor
1263 recreational facilities on public lands, including recreational
1264 trails, parks, and urban open spaces, together with improvements
1265 required to enhance recreational enjoyment and public access to
1266 public lands, if such redevelopment and renewal is primarily
1267 geared toward enhancing recreational opportunities for
1268 individuals with unique abilities. The department may waive the
1269 local matching requirement of paragraph (c) for such
1270 redevelopment and renewal projects.
1271
1272 This paragraph expires July 1, 2018 2017.
1273 Section 40. In order to implement Specific Appropriations
1274 1603B, 1603C, and 1604 of the 2017-2018 General Appropriations
1275 Act, paragraph (d) of subsection (11) of section 216.181,
1276 Florida Statutes, is amended to read:
1277 216.181 Approved budgets for operations and fixed capital
1278 outlay.—
1279 (11)
1280 (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
1281 for the 2017-2018 2016-2017 fiscal year only, the Legislative
1282 Budget Commission may increase the amounts appropriated to the
1283 Fish and Wildlife Conservation Commission or the Department of
1284 Environmental Protection for fixed capital outlay projects,
1285 including additional fixed capital outlay projects, using funds
1286 provided to the state from the Gulf Environmental Benefit Fund
1287 administered by the National Fish and Wildlife Foundation; funds
1288 provided to the state from the Gulf Coast Restoration Trust Fund
1289 related to the Resources and Ecosystems Sustainability, Tourist
1290 Opportunities, and Revived Economies of the Gulf Coast Act of
1291 2012 (RESTORE Act); or funds provided by the British Petroleum
1292 Corporation (BP) for natural resource damage assessment
1293 restoration projects. Concurrent with submission of an amendment
1294 to the Legislative Budget Commission pursuant to this paragraph,
1295 any project that carries a continuing commitment for future
1296 appropriations by the Legislature must be specifically
1297 identified, together with the projected amount of the future
1298 commitment associated with the project and the fiscal years in
1299 which the commitment is expected to commence. This paragraph
1300 expires July 1, 2018 2017.
1301
1302 The provisions of this subsection are subject to the notice and
1303 objection procedures set forth in s. 216.177.
1304 Section 41. In order to implement specific appropriations
1305 from the Water Quality Assurance Trust Fund within the
1306 Department of Environmental Protection contained in the 2017
1307 2018 General Appropriations Act, upon the expiration and
1308 reversion of the amendment to section 206.9935, Florida
1309 Statutes, pursuant to section 87 of chapter 2016-62, Laws of
1310 Florida, paragraph (b) of subsection (2) of section 206.9935,
1311 Florida Statutes, is amended to read:
1312 206.9935 Taxes imposed.—
1313 (2) TAX FOR WATER QUALITY.—
1314 (b) The excise tax shall be the applicable rate as
1315 specified in subparagraph 1. per barrel or per unit of
1316 pollutant, or equivalent measure as established by the
1317 department, produced in or imported into the state. If the
1318 unobligated balance of the Water Quality Assurance Trust Fund is
1319 or falls below $3 million, the tax shall be increased to the
1320 applicable rates specified in subparagraph 2. and shall remain
1321 at said rates until the unobligated balance in the fund exceeds
1322 $5 million, at which time the tax shall be imposed at the rates
1323 specified in subparagraph 1. If the unobligated balance of the
1324 fund exceeds $12 million, the levy of the tax shall be
1325 discontinued until the unobligated balance of the fund falls
1326 below $5 million, at which time the tax shall be imposed at the
1327 rates specified in subparagraph 1. Changes in the tax rates
1328 pursuant to this paragraph shall take effect on the first day of
1329 the month after 30 days’ notification to the Department of
1330 Revenue when the unobligated balance of the fund falls below or
1331 exceeds a limit set pursuant to this paragraph. The unobligated
1332 balance of the Water Quality Assurance Trust Fund as it relates
1333 to determination of the applicable excise tax rate shall exclude
1334 the unobligated balances of funds of the Dry Cleaning, Operator
1335 Certification, and nonagricultural nonpoint source programs, and
1336 other required reservations of fund balance. The unobligated
1337 balance in the Water Quality Assurance Trust Fund is based upon
1338 the current unreserved fund balance, projected revenues,
1339 authorized legislative appropriations, and funding for the
1340 department’s base budget for the subsequent fiscal year. For the
1341 2017-2018 fiscal year only, revenues for penalties collected
1342 pursuant to s. 403.121(11) and all moneys recovered under s.
1343 373.430(7) are exempt from the calculation of the unobligated
1344 balance of the Water Quality Assurance Trust Fund. Determination
1345 of the unobligated balance of the Water Quality Assurance Trust
1346 Fund shall be performed annually subsequent to the annual
1347 legislative appropriations becoming law.
1348 1. As provided in this paragraph, the tax shall be 2.36
1349 cents per gallon of solvents, 1 cent per gallon of motor oil or
1350 other lubricants, and 2 cents per barrel of petroleum products,
1351 pesticides, ammonia, and chlorine.
1352 2. As provided in this paragraph, the tax shall be 5.9
1353 cents per gallon of solvents, 2.5 cents per gallon of motor oil
1354 or other lubricants, 2 cents per barrel of ammonia, and 5 cents
1355 per barrel of petroleum products, pesticides, and chlorine.
1356 Section 42. In order to implement Specific Appropriation
1357 1676 of the 2017-2018 General Appropriations Act, subsection (3)
1358 of section 403.7095, Florida Statutes, is amended to read:
1359 403.7095 Solid waste management grant program.—
1360 (3) Notwithstanding any other provision of this section,
1361 and for the 2017-2018 2016-2017 fiscal year only, the Department
1362 of Environmental Protection shall award the sum of $3 million in
1363 grants in the 2017-2018 2016-2017 fiscal year equally to
1364 counties having populations of fewer than 110,000 for waste tire
1365 and litter prevention, recycling education, and general solid
1366 waste programs. This subsection expires July 1, 2018 2017.
1367 Section 43. In order to implement specific appropriations
1368 from the land acquisition trust funds within the Department of
1369 Agriculture and Consumer Services, the Department of
1370 Environmental Protection, the Department of State, and the Fish
1371 and Wildlife Conservation Commission, which are contained in the
1372 2017-2018 General Appropriations Act, subsection (3) of section
1373 215.18, Florida Statutes, is amended to read:
1374 215.18 Transfers between funds; limitation.—
1375 (3) Notwithstanding subsection (1) and only with respect to
1376 a land acquisition trust fund in the Department of Agriculture
1377 and Consumer Services, the Department of Environmental
1378 Protection, the Department of State, or the Fish and Wildlife
1379 Conservation Commission, whenever there is a deficiency in a
1380 land acquisition trust fund which would render that trust fund
1381 temporarily insufficient to meet its just requirements,
1382 including the timely payment of appropriations from that trust
1383 fund, and other trust funds in the State Treasury have moneys
1384 that are for the time being or otherwise in excess of the
1385 amounts necessary to meet the just requirements, including
1386 appropriated obligations, of those other trust funds, the
1387 Governor may order a temporary transfer of moneys from one or
1388 more of the other trust funds to a land acquisition trust fund
1389 in the Department of Agriculture and Consumer Services, the
1390 Department of Environmental Protection, the Department of State,
1391 or the Fish and Wildlife Conservation Commission. Any action
1392 proposed pursuant to this subsection is subject to the notice,
1393 review, and objection procedures of s. 216.177, and the Governor
1394 shall provide notice of such action at least 7 days before the
1395 effective date of the transfer of trust funds, except that
1396 during July 2017 2016, notice of such action shall be provided
1397 at least 3 days before the effective date of a transfer unless
1398 such 3-day notice is waived by the chair and vice-chair of the
1399 Legislative Budget Commission. Any transfer of trust funds to a
1400 land acquisition trust fund in the Department of Agriculture and
1401 Consumer Services, the Department of Environmental Protection,
1402 the Department of State, or the Fish and Wildlife Conservation
1403 Commission must be repaid to the trust funds from which the
1404 moneys were loaned by the end of the 2017-2018 2016-2017 fiscal
1405 year. The Legislature has determined that the repayment of the
1406 other trust fund moneys temporarily loaned to a land acquisition
1407 trust fund in the Department of Agriculture and Consumer
1408 Services, the Department of Environmental Protection, the
1409 Department of State, or the Fish and Wildlife Conservation
1410 Commission pursuant to this subsection is an allowable use of
1411 the moneys in a land acquisition trust fund because the moneys
1412 from other trust funds temporarily loaned to a land acquisition
1413 trust fund shall be expended solely and exclusively in
1414 accordance with s. 28, Art. X of the State Constitution. This
1415 subsection expires July 1, 2018 2017.
1416 Section 44. (1) In order to implement specific
1417 appropriations from the land acquisition trust funds within the
1418 Department of Agriculture and Consumer Services, the Department
1419 of Environmental Protection, the Department of State, and the
1420 Fish and Wildlife Conservation Commission, which are contained
1421 in the 2017-2018 General Appropriations Act, the Department of
1422 Environmental Protection shall transfer revenues from the Land
1423 Acquisition Trust Fund within the department to the land
1424 acquisition trust funds within the Department of Agriculture and
1425 Consumer Services, the Department of State, and the Fish and
1426 Wildlife Conservation Commission, as provided in this section.
1427 As used in this section, the term “department” means the
1428 Department of Environmental Protection.
1429 (2) After subtracting any required debt service payments,
1430 the proportionate share of revenues to be transferred to each
1431 land acquisition trust fund shall be calculated by dividing the
1432 appropriations from each of the land acquisition trust funds for
1433 the fiscal year by the total appropriations from the Land
1434 Acquisition Trust Fund within the department and the land
1435 acquisition trust funds within the Department of Agriculture and
1436 Consumer Services, the Department of State, and the Fish and
1437 Wildlife Commission for the fiscal year. The department shall
1438 transfer the proportionate share of the revenues in the Land
1439 Acquisition Trust Fund within the department on a monthly basis
1440 to the appropriate land acquisition trust funds within the
1441 Department of Agriculture and Consumer Services, the Department
1442 of State, and the Fish and Wildlife Commission and shall retain
1443 its proportionate share of the revenues in the Land Acquisition
1444 Trust Fund within the department. Total distributions to a land
1445 acquisition trust fund within the Department of Agriculture and
1446 Consumer Services, the Department of State, and the Fish and
1447 Wildlife Commission may not exceed the total appropriations from
1448 such trust fund for the fiscal year.
1449 (3) This section expires July 1, 2018.
1450 Section 45. In order to implement Specific Appropriation
1451 2661 of the 2017-2018 General Appropriations Act, the Department
1452 of Highway Safety and Motor Vehicles shall contract with the
1453 corporation organized pursuant to part II of chapter 946,
1454 Florida Statutes, to manufacture the current or newly redesigned
1455 license plates, with such contract being in the same manner and
1456 for the same price as that paid by the department during the
1457 2016-2017 fiscal year.
1458 Section 46. In order to implement Specific Appropriations
1459 2612 and 2616 of the 2017-2018 General Appropriations Act:
1460 (1) There is created a law enforcement workgroup assigned
1461 to the Department of Highway Safety and Motor Vehicles.
1462 (2) The workgroup shall convene no later than September 1,
1463 2017, and shall be composed of the following members:
1464 (a) A representative of the University of South Florida’s
1465 Center for Urban Transportation Research, who shall serve as the
1466 chair of the workgroup.
1467 (b) Three representatives of the Florida Sheriffs
1468 Association, appointed by the association’s executive director.
1469 (c) Three representatives of the Florida Highway Patrol
1470 (FHP), appointed by the Director Colonel of the FHP.
1471 (d) Three representatives of the Florida Police Chiefs
1472 Association, appointed by the president of the association’s
1473 executive board.
1474 (e) The executive director of the Florida Association of
1475 Counties, or his or her designee.
1476 (f) The director of the Division of Emergency Management,
1477 or his or her designee.
1478 (g) The president of the Florida Police Benevolent
1479 Association, or his or her designee.
1480 (h) A representative of the Office of the Attorney General,
1481 appointed by the Attorney General.
1482 (3) Members of the workgroup shall serve without
1483 compensation but are entitled to reimbursement for per diem and
1484 travel expenses in accordance with s. 112.061, Florida Statutes.
1485 Per diem and travel expenses incurred by a member of the
1486 workgroup shall be paid from funds budgeted to the state agency
1487 or entity that the member represents.
1488 (4) The workgroup shall review the FHP’s response to calls
1489 for service, including current resource allocation. The
1490 workgroup shall also compare FHP resources to those of local law
1491 enforcement entities and other state highway patrol agencies to
1492 determine whether additional resources are necessary to improve
1493 the response time to calls for service and to perform other
1494 duties outlined in chapter 321, Florida Statutes. In addition,
1495 the workgroup shall identify potential partnerships with local
1496 law enforcement entities and consider optional funding sources
1497 for those agencies to address needs associated with traffic
1498 crash investigations.
1499 (5) The Department of Highway Safety and Motor Vehicles
1500 shall provide administrative support to the workgroup and shall
1501 contract with the University of South Florida’s Center for Urban
1502 Transportation Research to perform the duties of the independent
1503 third-party chair.
1504 (6) The chair of the workgroup shall provide the
1505 workgroup’s consensus recommendations in a report to the
1506 Governor, the President of the Senate, and the Speaker of the
1507 House of Representatives by January 1, 2018, at which time the
1508 workgroup shall terminate.
1509 Section 47. In order to implement Specific Appropriation
1510 1869 of the 2017-2018 General Appropriations Act, section
1511 316.0898, Florida Statutes, is created to read:
1512 316.0898 Florida Smart City Challenge grant program.—
1513 (1) The Department of Transportation, in consultation with
1514 the Department of Highway Safety and Motor Vehicles, shall
1515 develop the Florida Smart City Challenge grant program and shall
1516 establish grant award requirements for municipalities or regions
1517 for the purpose of receiving grant awards. Grant applicants must
1518 demonstrate and document the adoption of emerging technologies
1519 and their impact on the transportation system and must address
1520 at least the following focus areas:
1521 (a) Autonomous vehicles.
1522 (b) Connected vehicles.
1523 (c) Sensor-based infrastructure.
1524 (d) Collecting and using data.
1525 (e) Addressing urban delivery.
1526 (f) Developing strategic models and partnerships.
1527 (g) Advancing the adoption and use of smart grid
1528 technology, roadway electrification, and electric vehicles.
1529 (h) Connecting citizens.
1530 (2) The goals of the grant program include, but are not
1531 limited to:
1532 (a) Identifying transportation challenges and identifying
1533 how emerging technologies can address those challenges.
1534 (b) Determining the emerging technologies and strategies
1535 that have the potential to provide the most significant impacts.
1536 (c) Encouraging municipalities to take significant steps to
1537 integrate emerging technologies into their day-to-day
1538 operations.
1539 (d) Identifying the barriers to implementing the grant
1540 program and communicating those barriers to the Legislature and
1541 appropriate agencies and organizations.
1542 (e) Leveraging the initial grant to attract additional
1543 public and private investments.
1544 (f) Increasing the state’s competitiveness in the pursuit
1545 of grants from the United States Department of Transportation,
1546 the United States Department of Energy, and other federal
1547 agencies.
1548 (g) Committing to the continued operation of programs
1549 implemented in connection with the grant.
1550 (h) Serving as a model for municipalities nationwide.
1551 (i) Documenting the costs and impacts of the grant program
1552 and lessons learned during implementation.
1553 (3) The Department of Transportation shall develop
1554 eligibility, application, and selection criteria for the program
1555 grants and a plan for the promotion of the grant program to
1556 municipalities or regions of this state as an opportunity to
1557 compete for grant funding.
1558 (4) On or before January 1, 2018, the Department of
1559 Transportation shall submit the grant program guidelines and
1560 plans for promotion of the grant program to the Governor, the
1561 President of the Senate, and the Speaker of the House of
1562 Representatives.
1563 (5) This section expires July 1, 2018.
1564 Section 48. In order to implement Specific Appropriation
1565 1890 of the 2017-2018 General Appropriations Act, upon the
1566 expiration and reversion of the amendment to section 341.302,
1567 Florida Statutes, pursuant to section 100 of chapter 2016-62,
1568 Laws of Florida, subsection (10) of section 341.302, Florida
1569 Statutes, is amended to read:
1570 341.302 Rail program; duties and responsibilities of the
1571 department.—The department, in conjunction with other
1572 governmental entities, including the rail enterprise and the
1573 private sector, shall develop and implement a rail program of
1574 statewide application designed to ensure the proper maintenance,
1575 safety, revitalization, and expansion of the rail system to
1576 assure its continued and increased availability to respond to
1577 statewide mobility needs. Within the resources provided pursuant
1578 to chapter 216, and as authorized under federal law, the
1579 department shall:
1580 (10)(a) Administer rail operating and construction
1581 programs, which programs shall include the regulation of maximum
1582 train operating speeds, the opening and closing of public grade
1583 crossings, the construction and rehabilitation of public grade
1584 crossings, and the installation of traffic control devices at
1585 public grade crossings, and administration the administering of
1586 the programs by the department, including participation in the
1587 cost of the programs.
1588 (b) For the 2017-2018 fiscal year only:
1589 1. Approve and implement quiet zones, including
1590 participating in the cost of the programs.
1591 2. Provide grant funding to assist with the implementation
1592 of quiet zones that have been approved by the department. Such
1593 funding may not exceed 50 percent of the nonfederal and
1594 nonprivate share of the total costs of any quiet zone capital
1595 improvement project.
1596 3. Coordinate and work closely with local, state, and
1597 federal agencies to provide technical support to local agencies
1598 for the development of quiet zone plans.
1599 4. Monitor crossing incidents at approved quiet zone
1600 locations and suspend the operation of a quiet zone at any time
1601 the department determines that a significant deterioration has
1602 resulted from quiet zone implementation.
1603 Section 49. In order to implement Specific Appropriations
1604 2225 and 2226 of the 2017-2018 General Appropriations Act,
1605 subsection (10) of section 420.9072, Florida Statutes, is
1606 amended to read:
1607 420.9072 State Housing Initiatives Partnership Program.—The
1608 State Housing Initiatives Partnership Program is created for the
1609 purpose of providing funds to counties and eligible
1610 municipalities as an incentive for the creation of local housing
1611 partnerships, to expand production of and preserve affordable
1612 housing, to further the housing element of the local government
1613 comprehensive plan specific to affordable housing, and to
1614 increase housing-related employment.
1615 (10) Notwithstanding ss. 420.9071(26) and 420.9075(5) and
1616 subsection (7), for the 2017-2018 2016-2017 fiscal year:
1617 (a) The term “rent subsidies” means ongoing monthly rental
1618 assistance.
1619 (b) Up to 25 percent of the funds made available in each
1620 county and each eligible municipality from the local housing
1621 distribution may be used for rental assistance and rent
1622 subsidies as provided in paragraph (c).
1623 (c) A county or an eligible municipality may expend its
1624 portion of the local housing distribution to provide the
1625 following types of rental assistance and rent subsidies:
1626 1. Security and utility deposit assistance.
1627 2. Eviction prevention subsidies not to exceed 6 months’
1628 rent.
1629 3. Rent subsidies for very-low-income households with at
1630 least one adult who is a person with special needs as defined in
1631 s. 420.0004 or a person who is homeless as defined in s. 420.621
1632 when the person initially qualified for a rent subsidy. The
1633 period of rental subsidy may not exceed 12 months for any
1634 eligible household or person.
1635 (d) This subsection expires July 1, 2018 2017.
1636 Section 50. In order to implement Specific Appropriation
1637 2225 of the 2017-2018 General Appropriations Act, subsection
1638 (10) of section 420.5087, Florida Statutes, is amended to read:
1639 420.5087 State Apartment Incentive Loan Program.—There is
1640 hereby created the State Apartment Incentive Loan Program for
1641 the purpose of providing first, second, or other subordinated
1642 mortgage loans or loan guarantees to sponsors, including for
1643 profit, nonprofit, and public entities, to provide housing
1644 affordable to very-low-income persons.
1645 (10)(a) Notwithstanding subsection (3), for the 2017-2018
1646 2016-2017 fiscal year, the reservation of funds for the tenant
1647 groups within each notice of fund availability shall be:
1648 1. Not less than 10 percent of the funds available at that
1649 time for the following tenant groups:
1650 a. Families;
1651 b. Persons who are homeless;
1652 c. Persons with special needs; and
1653 d. Elderly persons.
1654 2. Not less than 5 percent of the funds available at that
1655 time for the commercial fishing workers and farmworkers tenant
1656 group.
1657 (b) Notwithstanding any other provision of this section for
1658 the 2017-2018 2016-2017 fiscal year, the corporation shall issue
1659 a notice of funds availability of $40 $20 million for loans to
1660 construct workforce housing to serve primarily low-income
1661 persons, as defined in s. 420.0004, and, in the Florida Keys
1662 Area of Critical State Concern, to serve households with incomes
1663 not to exceed 140 percent of area median income when strategies
1664 are included in the local housing assistance plan to serve these
1665 households.
1666 (c) This subsection expires July 1, 2018 2017.
1667 Section 51. In order to implement Specific Appropriation
1668 2225 of the 2017-2018 General Appropriations Act:
1669 (1) There is created a workgroup on affordable housing. The
1670 workgroup is assigned to the Florida Housing Finance Corporation
1671 for administrative purposes only.
1672 (2) The workgroup shall convene no later than September 1,
1673 2017, and shall be composed of the following members:
1674 (a) The executive director of the Florida Housing Finance
1675 Corporation, who shall serve as chair of the workgroup.
1676 (b) The executive director of the Department of Economic
1677 Opportunity or his or her designee.
1678 (c) Five members appointed by the Governor. Of the five
1679 members, one must be an advocate for the homeless, one must be
1680 an advocate of the needs of individuals with disabling
1681 conditions and persons with special needs as defined in s.
1682 420.0004, Florida Statutes, one must represent the building or
1683 development community, and one must be a realtor licensed in
1684 this state.
1685 (d) Two members appointed by the President of the Senate.
1686 (e) Two members appointed by the Speaker of the House of
1687 Representatives.
1688 (f) The executive director of the Florida Association of
1689 Counties or his or her designee.
1690 (g) The executive director of the Florida League of Cities
1691 or his or her designee.
1692 (3)(a) The Florida Housing Finance Corporation shall
1693 provide administrative and staff support services to the
1694 workgroup which relate to its functions.
1695 (b) Members of the workgroup shall serve without
1696 compensation but are entitled to reimbursement for per diem and
1697 travel expenses in accordance with s. 112.061, Florida Statutes.
1698 Per diem and travel expenses incurred by a member of the
1699 workgroup shall be paid from funds budgeted to the state agency
1700 or entity that the member represents.
1701 (4)(a) The workgroup shall develop recommendations for
1702 addressing the state’s affordable housing needs. The
1703 recommendations shall be presented to and approved by the board
1704 of directors of the Florida Housing Finance Corporation. The
1705 recommendations shall include, but need not be limited to:
1706 1. A review of market rate developments.
1707 2. A review of affordable housing developments.
1708 3. A review of land use for affordable housing
1709 developments.
1710 4. A review of building codes for affordable housing
1711 developments.
1712 5. A review of the state’s implementation of the low-income
1713 housing tax credit.
1714 6. A review of private and public sector development and
1715 construction industries.
1716 7. A review of the rental market for assisted rental
1717 housing.
1718 8. The development of strategies and pathways for low
1719 income housing.
1720 (b) The workgroup shall submit a report including its
1721 recommendations to the Governor, the President of the Senate,
1722 and the Speaker of the House of Representatives by January 1,
1723 2018, at which time the workgroup shall terminate.
1724 Section 52. In order to implement Specific Appropriation
1725 1868 of the 2017-2018 General Appropriations Act, subsection
1726 (30) of section 427.013, Florida Statutes, is amended to read:
1727 427.013 The Commission for the Transportation
1728 Disadvantaged; purpose and responsibilities.—The purpose of the
1729 commission is to accomplish the coordination of transportation
1730 services provided to the transportation disadvantaged. The goal
1731 of this coordination is to assure the cost-effective provision
1732 of transportation by qualified community transportation
1733 coordinators or transportation operators for the transportation
1734 disadvantaged without any bias or presumption in favor of
1735 multioperator systems or not-for-profit transportation operators
1736 over single operator systems or for-profit transportation
1737 operators. In carrying out this purpose, the commission shall:
1738 (30) For the 2017-2018 2016-2017 fiscal year and
1739 notwithstanding any other provision of this section:
1740 (a) Allocate, from funds provided in the General
1741 Appropriations Act, to community transportation coordinators who
1742 do not receive Urbanized Area Formula funds pursuant to 49
1743 U.S.C. s. 5307 to provide transportation services for persons
1744 with disabilities, older adults, and low-income persons so they
1745 may access health care, employment, education, and other life
1746 sustaining activities. Funds allocated for this purpose shall be
1747 distributed among community transportation coordinators based
1748 upon the Transportation Disadvantaged Trip and Equipment
1749 allocation methodology established by the commission.
1750 (b) Award, from funds provided in the General
1751 Appropriations Act, competitive grants to community
1752 transportation coordinators to support transportation projects
1753 to:
1754 1. Enhance access to health care, shopping, education,
1755 employment, public services, and recreation;
1756 2. Assist in the development, improvement, and use of
1757 transportation systems in nonurbanized areas;
1758 3. Promote the efficient coordination of services;
1759 4. Support inner-city bus transportation; and
1760 5. Encourage private transportation providers to
1761 participate.
1762 (c) This subsection expires July 1, 2018 2017.
1763 Section 53. In order to implement Specific Appropriation
1764 2610 of the 2017-2018 General Appropriations Act, upon the
1765 expiration and reversion of the amendment to section 321.04,
1766 Florida Statutes, pursuant to section 110 of chapter 2016-62,
1767 Laws of Florida, subsection (3) of section 321.04, Florida
1768 Statutes, is amended, and subsection (4) is added to that
1769 section, to read:
1770 321.04 Personnel of the highway patrol; rank
1771 classifications; probationary status of new patrol officers;
1772 subsistence; special assignments.—
1773 (3)(a) The Department of Highway Safety and Motor Vehicles
1774 shall assign one patrol officer to the office of the Governor;
1775 said patrol officer so assigned shall be selected by the
1776 Governor and shall have rank and pay not less than that of a
1777 lieutenant of the Florida Highway Patrol, and said patrol
1778 officer so assigned shall be paid by said department from the
1779 appropriation made to said department; said patrol officer shall
1780 have and receive all other benefits provided for in this chapter
1781 or any other statute now in existence or hereinafter enacted.
1782 (b) For the 2017-2018 fiscal year only, the patrol officer
1783 shall be assigned to the Lieutenant Governor.
1784 (4) For the 2017-2018 fiscal year only, the assignment of a
1785 patrol officer by the department shall include a Cabinet member
1786 specified in s. 4, Art. IV of the State Constitution if deemed
1787 appropriate by the department or in response to a threat and
1788 upon written request of such Cabinet member.
1789 Section 54. In order to implement Specific Appropriations
1790 3107, 3112A, 3133A, 3138A, 3139, and 3144A of the 2017-2018
1791 General Appropriations Act, and notwithstanding ss. 257.191,
1792 265.286, and 267.0617, Florida Statutes, the Department of State
1793 shall direct the State Library Council, the Florida Historical
1794 Commission, and the Florida Council on Arts and Culture to sort
1795 the applications received by each entity into two groups for
1796 ranking and funding purposes, those received from counties that
1797 are rural areas of opportunity as defined in s. 288.0656(2)(d),
1798 Florida Statutes, and those received from all other counties.
1799 The two groups of applications shall be ranked separately, but
1800 otherwise in the same manner, and submitted for approval by the
1801 Secretary of State. This section applies only to applications
1802 received during the 2017-2018 fiscal year. This section expires
1803 July 1, 2018.
1804 Section 55. In order to implement Specific Appropriation
1805 2226H of the 2017-2018 General Appropriations Act, subsection
1806 (4) is added to section 288.1201, Florida Statutes, to read:
1807 288.1201 State Economic Enhancement and Development Trust
1808 Fund.—
1809 (4)(a) Beginning July 1, 2017, the department shall retain
1810 in the trust fund any state funds appropriated for any program
1811 created under this chapter which is funded in the General
1812 Appropriations Act until the performance requirements
1813 established under contract or by law for such incentives are
1814 submitted to and verified by the department.
1815 (b) The department shall return to the State Treasury all
1816 funds held by any entity pursuant to a contract executed for the
1817 Quick Action Closing Fund which are unexpended as of June 30,
1818 2017. Such unexpended funds shall be deposited into the State
1819 Economic Enhancement and Development Trust Fund. The department
1820 shall take all steps necessary to comply with this paragraph by
1821 September 1, 2017. The department shall notify the Governor, the
1822 President of the Senate, and the Speaker of the House of
1823 Representatives of the status of compliance with this paragraph
1824 by October 1, 2017.
1825 (c) This subsection expires July 1, 2018.
1826 Section 56. In order to implement Specific Appropriation
1827 1875 of the 2017-2018 General Appropriations Act, paragraph (d)
1828 is added to subsection (3) of section 311.07, Florida Statutes,
1829 to read:
1830 311.07 Florida seaport transportation and economic
1831 development funding.—
1832 (3)
1833 (d) Notwithstanding paragraphs (a), (b), and (c), and for
1834 the 2017-2018 fiscal year only, projects that are funded through
1835 a specific appropriation in the 2017-2018 General Appropriations
1836 Act are not required to match state funds in accordance with
1837 paragraph (a) or to meet project eligibility requirements
1838 specified in paragraph (b) or paragraph (c). This paragraph
1839 expires July 1, 2018.
1840 Section 57. In order to implement Specific Appropriations
1841 1869 through 1882, 1888 through 1891, 1905 through 1908, 1910
1842 through 1925, and 1964 through 1976 of the General
1843 Appropriations Act, paragraphs (d) and (e) are added to
1844 subsection (5) of section 339.135, Florida Statutes, to read:
1845 339.135 Work program; legislative budget request;
1846 definitions; preparation, adoption, execution, and amendment.—
1847 (5) ADOPTION OF THE WORK PROGRAM.—
1848 (d) It is the intent of the Legislature that the department
1849 maintain fiscal solvency and make prudent use of all available
1850 fiscal resources to minimize any project, or a phase thereof,
1851 from being deferred within the work program. It is further the
1852 intent of the Legislature that the department, to the maximum
1853 extent feasible, reduce financial projects not programmed for
1854 contract letting as identified with a work program contract
1855 class code 8 and the box code RV to add projects to the 2017
1856 2018 work program which are identified by a specific
1857 appropriation in the 2017-2018 General Appropriations Act. This
1858 paragraph expires July 1, 2018.
1859 (e) The department shall provide to the Legislative Budget
1860 Commission the documents specified in subparagraphs 1.–8. when
1861 submitting the department’s work program amendment to request
1862 approval to realign the work program appropriation categories to
1863 the 2017-2018 General Appropriations Act pursuant to subsection
1864 (7). In addition, any subsequent work program amendment
1865 submitted to the Legislative Budget Commission which results in
1866 a reduced project commitment level for the 2017-2018 fiscal year
1867 due to a reduction in state revenues must include the following
1868 documents:
1869 1. A proposed finance plan, as balanced to the requested
1870 work program amendment to realign the work program categories to
1871 the 2017-2018 General Appropriations Act, or any other
1872 amendments that reduce work program commitments;
1873 2. A proposed cash forecast as balanced to the requested
1874 work program amendment to realign the work program categories to
1875 the 2017-2018 General Appropriations Act, or any other
1876 amendments that reduce work program commitments;
1877 3. An adopted finance plan, as of July 1, 2017;
1878 4. An adopted cash forecast, as of July 1, 2017;
1879 5. A complete list of projects, or phases thereof, deferred
1880 or deleted from the impact of the projects identified by a
1881 specific appropriation in the 2017-2018 General Appropriations
1882 Act for the 2017-2018 through 2021-2022 work program;
1883 6. The department’s methodology for identifying projects,
1884 or phases thereof, for deferral or deletion for the 2017-2018
1885 through 2021-2022 work program;
1886 7. A letter of concurrence or nonconcurrence from the
1887 affected metropolitan planning organization or, for
1888 nonmetropolitan areas, the board of county commissioners with
1889 impacted project selections; and
1890 8. A complete list of financial projects not programmed for
1891 contract letting as identified with a work program contract
1892 class code 8 and the box code RV included in fiscal years 2017
1893 2018 through 2021-2022, as of July 1, 2017.
1894
1895 This paragraph expires July 1, 2018.
1896 Section 58. In order to implement the salaries and
1897 benefits, expenses, other personal services, contracted
1898 services, special categories, and operating capital outlay
1899 categories of the 2017-2018 General Appropriations Act, upon the
1900 expiration and reversion of the amendment to section 216.292,
1901 Florida Statutes, pursuant to section 112 of chapter 2016-62,
1902 Laws of Florida, paragraph (a) of subsection (2) of section
1903 216.292, Florida Statutes, is amended to read:
1904 216.292 Appropriations nontransferable; exceptions.—
1905 (2) The following transfers are authorized to be made by
1906 the head of each department or the Chief Justice of the Supreme
1907 Court whenever it is deemed necessary by reason of changed
1908 conditions:
1909 (a) The transfer of appropriations funded from identical
1910 funding sources, except appropriations for fixed capital outlay,
1911 and the transfer of amounts included within the total original
1912 approved budget and plans of releases of appropriations as
1913 furnished pursuant to ss. 216.181 and 216.192, as follows:
1914 1. Between categories of appropriations within a budget
1915 entity, if no category of appropriation is increased or
1916 decreased by more than 5 percent of the original approved budget
1917 or $250,000, whichever is greater, by all action taken under
1918 this subsection.
1919 2. Between budget entities within identical categories of
1920 appropriations, if no category of appropriation is increased or
1921 decreased by more than 5 percent of the original approved budget
1922 or $250,000, whichever is greater, by all action taken under
1923 this subsection.
1924 3. Any agency exceeding salary rate established pursuant to
1925 s. 216.181(8) on June 30th of any fiscal year shall not be
1926 authorized to make transfers pursuant to subparagraphs 1. and 2.
1927 in the subsequent fiscal year.
1928 4. Notice of proposed transfers under subparagraphs 1. and
1929 2. shall be provided to the Executive Office of the Governor and
1930 the chairs of the legislative appropriations committees at least
1931 3 days prior to agency implementation in order to provide an
1932 opportunity for review. The review shall be limited to ensuring
1933 that the transfer is in compliance with the requirements of this
1934 paragraph.
1935 5. For the 2017-2018 fiscal year, the review shall ensure
1936 that transfers proposed pursuant to this paragraph comply with
1937 this chapter and are not contrary to legislative policy and
1938 intent. This subparagraph expires July 1, 2018.
1939 Section 59. In order to implement appropriations for
1940 salaries and benefits in the 2017-2018 General Appropriations
1941 Act, subsection (6) of section 112.24, Florida Statutes, is
1942 amended to read:
1943 112.24 Intergovernmental interchange of public employees.
1944 To encourage economical and effective utilization of public
1945 employees in this state, the temporary assignment of employees
1946 among agencies of government, both state and local, and
1947 including school districts and public institutions of higher
1948 education is authorized under terms and conditions set forth in
1949 this section. State agencies, municipalities, and political
1950 subdivisions are authorized to enter into employee interchange
1951 agreements with other state agencies, the Federal Government,
1952 another state, a municipality, or a political subdivision
1953 including a school district, or with a public institution of
1954 higher education. State agencies are also authorized to enter
1955 into employee interchange agreements with private institutions
1956 of higher education and other nonprofit organizations under the
1957 terms and conditions provided in this section. In addition, the
1958 Governor or the Governor and Cabinet may enter into employee
1959 interchange agreements with a state agency, the Federal
1960 Government, another state, a municipality, or a political
1961 subdivision including a school district, or with a public
1962 institution of higher learning to fill, subject to the
1963 requirements of chapter 20, appointive offices which are within
1964 the executive branch of government and which are filled by
1965 appointment by the Governor or the Governor and Cabinet. Under
1966 no circumstances shall employee interchange agreements be
1967 utilized for the purpose of assigning individuals to participate
1968 in political campaigns. Duties and responsibilities of
1969 interchange employees shall be limited to the mission and goals
1970 of the agencies of government.
1971 (6) For the 2017-2018 2016-2017 fiscal year only, the
1972 assignment of an employee of a state agency as provided in this
1973 section may be made if recommended by the Governor or Chief
1974 Justice, as appropriate, and approved by the chairs of the
1975 legislative appropriations committees. Such actions shall be
1976 deemed approved if neither chair provides written notice of
1977 objection within 14 days after receiving notice of the action
1978 pursuant to s. 216.177. This subsection expires July 1, 2018
1979 2017.
1980 Section 60. In order to implement Specific Appropriations
1981 2681 and 2682 of the 2017-2018 General Appropriations Act, and
1982 notwithstanding s. 11.13(1), Florida Statutes, the authorized
1983 salaries for members of the Legislature for the 2017-2018 fiscal
1984 year shall be set at the same level in effect on July 1, 2010.
1985 This section expires July 1, 2018.
1986 Section 61. In order to implement the transfer of funds to
1987 the General Revenue Fund from trust funds for the 2017-2018
1988 General Appropriations Act, and notwithstanding the expiration
1989 date contained in section 117 of chapter 2016-62, Laws of
1990 Florida, paragraph (b) of subsection (2) of section 215.32,
1991 Florida Statutes, is reenacted to read:
1992 215.32 State funds; segregation.—
1993 (2) The source and use of each of these funds shall be as
1994 follows:
1995 (b)1. The trust funds shall consist of moneys received by
1996 the state which under law or under trust agreement are
1997 segregated for a purpose authorized by law. The state agency or
1998 branch of state government receiving or collecting such moneys
1999 is responsible for their proper expenditure as provided by law.
2000 Upon the request of the state agency or branch of state
2001 government responsible for the administration of the trust fund,
2002 the Chief Financial Officer may establish accounts within the
2003 trust fund at a level considered necessary for proper
2004 accountability. Once an account is established, the Chief
2005 Financial Officer may authorize payment from that account only
2006 upon determining that there is sufficient cash and releases at
2007 the level of the account.
2008 2. In addition to other trust funds created by law, to the
2009 extent possible, each agency shall use the following trust funds
2010 as described in this subparagraph for day-to-day operations:
2011 a. Operations or operating trust fund, for use as a
2012 depository for funds to be used for program operations funded by
2013 program revenues, with the exception of administrative
2014 activities when the operations or operating trust fund is a
2015 proprietary fund.
2016 b. Operations and maintenance trust fund, for use as a
2017 depository for client services funded by third-party payors.
2018 c. Administrative trust fund, for use as a depository for
2019 funds to be used for management activities that are departmental
2020 in nature and funded by indirect cost earnings and assessments
2021 against trust funds. Proprietary funds are excluded from the
2022 requirement of using an administrative trust fund.
2023 d. Grants and donations trust fund, for use as a depository
2024 for funds to be used for allowable grant or donor agreement
2025 activities funded by restricted contractual revenue from private
2026 and public nonfederal sources.
2027 e. Agency working capital trust fund, for use as a
2028 depository for funds to be used pursuant to s. 216.272.
2029 f. Clearing funds trust fund, for use as a depository for
2030 funds to account for collections pending distribution to lawful
2031 recipients.
2032 g. Federal grant trust fund, for use as a depository for
2033 funds to be used for allowable grant activities funded by
2034 restricted program revenues from federal sources.
2035
2036 To the extent possible, each agency must adjust its internal
2037 accounting to use existing trust funds consistent with the
2038 requirements of this subparagraph. If an agency does not have
2039 trust funds listed in this subparagraph and cannot make such
2040 adjustment, the agency must recommend the creation of the
2041 necessary trust funds to the Legislature no later than the next
2042 scheduled review of the agency’s trust funds pursuant to s.
2043 215.3206.
2044 3. All such moneys are hereby appropriated to be expended
2045 in accordance with the law or trust agreement under which they
2046 were received, subject always to the provisions of chapter 216
2047 relating to the appropriation of funds and to the applicable
2048 laws relating to the deposit or expenditure of moneys in the
2049 State Treasury.
2050 4.a. Notwithstanding any provision of law restricting the
2051 use of trust funds to specific purposes, unappropriated cash
2052 balances from selected trust funds may be authorized by the
2053 Legislature for transfer to the Budget Stabilization Fund and
2054 General Revenue Fund in the General Appropriations Act.
2055 b. This subparagraph does not apply to trust funds required
2056 by federal programs or mandates; trust funds established for
2057 bond covenants, indentures, or resolutions whose revenues are
2058 legally pledged by the state or public body to meet debt service
2059 or other financial requirements of any debt obligations of the
2060 state or any public body; the Division of Licensing Trust Fund
2061 in the Department of Agriculture and Consumer Services; the
2062 State Transportation Trust Fund; the trust fund containing the
2063 net annual proceeds from the Florida Education Lotteries; the
2064 Florida Retirement System Trust Fund; trust funds under the
2065 management of the State Board of Education or the Board of
2066 Governors of the State University System, where such trust funds
2067 are for auxiliary enterprises, self-insurance, and contracts,
2068 grants, and donations, as those terms are defined by general
2069 law; trust funds that serve as clearing funds or accounts for
2070 the Chief Financial Officer or state agencies; trust funds that
2071 account for assets held by the state in a trustee capacity as an
2072 agent or fiduciary for individuals, private organizations, or
2073 other governmental units; and other trust funds authorized by
2074 the State Constitution.
2075 Section 62. The amendment to s. 215.32(2)(b), Florida
2076 Statutes, as carried forward by this act from chapter 2011-47,
2077 Laws of Florida, expires July 1, 2018, and the text of that
2078 paragraph shall revert to that in existence on June 30, 2011,
2079 except that any amendments to such text enacted other than by
2080 this act shall be preserved and continue to operate to the
2081 extent that such amendments are not dependent upon the portions
2082 of text which expire pursuant to this section.
2083 Section 63. In order to implement the issuance of new debt
2084 authorized in the 2017-2018 General Appropriations Act, and
2085 pursuant to s. 215.98, Florida Statutes, the Legislature
2086 determines that the authorization and issuance of debt for the
2087 2017-2018 fiscal year should be implemented and is in the best
2088 interest of the state. This section expires July 1, 2018.
2089 Section 64. In order to implement appropriations in the
2090 2017-2018 General Appropriations Act for state employee travel,
2091 the funds appropriated to each state agency which may be used
2092 for travel by state employees are limited during the 2017-2018
2093 fiscal year to travel for activities that are critical to each
2094 state agency’s mission. Funds may not be used for travel by
2095 state employees to foreign countries, other states, conferences,
2096 staff training activities, or other administrative functions
2097 unless the agency head has approved, in writing, that such
2098 activities are critical to the agency’s mission. The agency head
2099 shall consider using teleconferencing and other forms of
2100 electronic communication to meet the needs of the proposed
2101 activity before approving mission-critical travel. This section
2102 does not apply to travel for law enforcement purposes, military
2103 purposes, emergency management activities, or public health
2104 activities. This section expires July 1, 2018.
2105 Section 65. In order to implement appropriations in the
2106 2017-2018 General Appropriations Act for state employee travel
2107 and notwithstanding s. 112.061, Florida Statutes, costs for
2108 lodging associated with a meeting, conference, or convention
2109 organized or sponsored in whole or in part by a state agency or
2110 the judicial branch may not exceed $150 per day. An employee may
2111 expend his or her own funds for any lodging expenses in excess
2112 of $150 per day. This section expires July 1, 2018.
2113 Section 66. In order to implement section 8 of the 2017
2114 2018 General Appropriations Act, upon the expiration and
2115 reversion of the amendments made to section 110.12315, Florida
2116 Statutes, pursuant to section 123 of chapter 2016-62, Laws of
2117 Florida, subsection (7) of section 110.12315, Florida Statutes,
2118 is amended to read:
2119 110.12315 Prescription drug program.—The state employees’
2120 prescription drug program is established. This program shall be
2121 administered by the Department of Management Services, according
2122 to the terms and conditions of the plan as established by the
2123 relevant provisions of the annual General Appropriations Act and
2124 implementing legislation, subject to the following conditions:
2125 (7) Under the state employees’ prescription drug program
2126 copayments must be made as follows:
2127 (a) Effective July 1, 2017 January 1, 2006, for the State
2128 Group Health Insurance Standard Plan, copayments must be made as
2129 follows:
2130 1. For a supply for up to 30 days from a retail pharmacy:
2131 a. For generic drug with card.....................$7 $10.
2132 b.2. For preferred brand name drug with card.....$30 $25.
2133 c.3. For nonpreferred brand name drug with card..$50 $40.
2134 2. For a supply for up to 90 days from a mail order
2135 pharmacy or a retail pharmacy participating in a 90-day supply
2136 network:
2137 a.4. For generic mail order drug.................$14 $20.
2138 b.5. For preferred brand name mail order drug....$60 $50.
2139 c.6. For nonpreferred brand name mail order drug$100 $80.
2140 (b) Effective July 1, 2017 January 1, 2006, for the State
2141 Group Health Insurance High Deductible Plan, coinsurance must be
2142 paid as follows:
2143 1. For a supply for up to 30 days from a retail pharmacy:
2144 a. Retail coinsurance For generic drug with card.....30%.
2145 b.2. Retail coinsurance For preferred brand name drug with
2146 card........................................................30%.
2147 c.3. Retail coinsurance For nonpreferred brand name drug
2148 with card...................................................50%.
2149 2. For a supply for up to 90 days from a mail order
2150 pharmacy or a retail pharmacy participating in a 90-day supply
2151 network:
2152 a.4. Mail order coinsurance For generic drug.........30%.
2153 b.5. Mail order coinsurance For preferred brand name
2154 drug........................................................30%.
2155 c.6. Mail order coinsurance For nonpreferred brand name
2156 drug 50%.
2157 Section 67. The amendment made by this act to s.
2158 110.12315(7), Florida Statutes, shall expire July 1, 2018, and
2159 the text of that subsection shall revert to that in existence on
2160 June 30, 2017, except that any amendments to such text enacted
2161 other than by this act shall be preserved and continue to
2162 operate to the extent that such amendments are not dependent
2163 upon the portions of text which expire pursuant to this section.
2164 Section 68. In order to implement the appropriation of
2165 funds in the special categories, contracted services, and
2166 expenses categories of the 2017-2018 General Appropriations Act,
2167 a state agency may not enter into a contract containing a
2168 nondisclosure clause that prohibits the contractor from
2169 disclosing information relevant to the performance of the
2170 contract to members or staff of the Senate or the House of
2171 Representatives. This section expires July 1, 2018.
2172 Section 69. Any section of this act which implements a
2173 specific appropriation or specifically identified proviso
2174 language in the 2017-2018 General Appropriations Act is void if
2175 the specific appropriation or specifically identified proviso
2176 language is vetoed. Any section of this act which implements
2177 more than one specific appropriation or more than one portion of
2178 specifically identified proviso language in the 2017-2018
2179 General Appropriations Act is void if all the specific
2180 appropriations or portions of specifically identified proviso
2181 language are vetoed.
2182 Section 70. If any other act passed during the 2017 Regular
2183 Session of the Legislature contains a provision that is
2184 substantively the same as a provision in this act, but that
2185 removes or is otherwise not subject to the future repeal applied
2186 to such provision by this act, the Legislature intends that the
2187 provision in the other act takes precedence and continues to
2188 operate, notwithstanding the future repeal provided by this act.
2189 Section 71. If any provision of this act or its application
2190 to any person or circumstance is held invalid, the invalidity
2191 does not affect other provisions or applications of the act
2192 which can be given effect without the invalid provision or
2193 application, and to this end the provisions of this act are
2194 severable.
2195 Section 72. Except as otherwise expressly provided in this
2196 act and except for this section, which shall take effect upon
2197 this act becoming a law, this act shall take effect July 1,
2198 2017; or, if this act fails to become a law until after that
2199 date, it shall take effect upon becoming a law and shall operate
2200 retroactively to July 1, 2017.