Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. HB 5003
       
       
       
       
       
       
                                Ì888200tÎ888200                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/R/3R          .                                
             03/11/2018 03:44 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Bradley moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. It is the intent of the Legislature that the
    6  implementing and administering provisions of this act apply to
    7  the General Appropriations Act for the 2018-2019 fiscal year.
    8         Section 2. In order to implement Specific Appropriations 6,
    9  7, 8, 92, and 93 of the 2018-2019 General Appropriations Act,
   10  the calculations of the Florida Education Finance Program for
   11  the 2018-2019 fiscal year included in the document titled
   12  “Public School Funding: The Florida Education Finance Program,”
   13  dated February 1, 2018, and filed with the Secretary of the
   14  Senate, are incorporated by reference for the purpose of
   15  displaying the calculations used by the Legislature, consistent
   16  with the requirements of state law, in making appropriations for
   17  the Florida Education Finance Program. This section expires July
   18  1, 2019.
   19         Section 3. In order to implement Specific Appropriations 6
   20  and 92 of the 2018-2019 General Appropriations Act, and
   21  notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
   22  1011.62(6)(b)5., and 1011.67, Florida Statutes, relating to the
   23  expenditure of funds provided for instructional materials, for
   24  the 2018-2019 fiscal year, funds provided for instructional
   25  materials shall be released and expended as required in the
   26  proviso language for Specific Appropriation 92 of the 2018-2019
   27  General Appropriations Act. This section expires July 1, 2019.
   28         Section 4. In order to implement Specific Appropriations 6
   29  and 92 of the 2018-2019 General Appropriations Act, paragraphs
   30  (b) and (c) of subsection (10) of section 1002.333, Florida
   31  Statutes, are amended to read:
   32         1002.333 Persistently low-performing schools.—
   33         (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
   34  is created within the Department of Education.
   35         (b) A traditional public school that is required to submit
   36  a plan for implementation pursuant to s. 1008.33(4) is eligible
   37  to receive funding for services authorized up to $2,000 per
   38  full-time equivalent student from the hope supplemental services
   39  allocation established under s. 1011.62(16) Schools of Hope
   40  Program based upon the strength of the school’s plan for
   41  implementation and its focus on evidence-based interventions
   42  that lead to student success by providing wrap-around services
   43  that leverage community assets, improve school and community
   44  collaboration, and develop family and community partnerships.
   45  Wrap-around services include, but are not limited to, tutorial
   46  and after-school programs, student counseling, nutrition
   47  education, parental counseling, and adult education. Plans for
   48  implementation may also include models that develop a culture of
   49  attending college, high academic expectations, character
   50  development, dress codes, and an extended school day and school
   51  year. At a minimum, a plan for implementation must:
   52         1. Establish wrap-around services that develop family and
   53  community partnerships.
   54         2. Establish clearly defined and measurable high academic
   55  and character standards.
   56         3. Increase parental involvement and engagement in the
   57  child’s education.
   58         4. Describe how the school district will identify, recruit,
   59  retain, and reward instructional personnel. The state board may
   60  waive the requirements of s. 1012.22(1)(c)5., and suspend the
   61  requirements of s. 1012.34, to facilitate implementation of the
   62  plan.
   63         5. Identify a knowledge-rich curriculum that the school
   64  will use that focuses on developing a student’s background
   65  knowledge.
   66         6. Provide professional development that focuses on
   67  academic rigor, direct instruction, and creating high academic
   68  and character standards.
   69         (c) For the 2017-2018 fiscal year, the state board shall:
   70         1. Provide awards for up to 25 schools and prioritize
   71  awards for implementation plans submitted pursuant to paragraph
   72  (b) that are based on whole school transformation and that are
   73  developed in consultation with the school’s principal.
   74         2. Annually report on the implementation of this subsection
   75  in the report required by s. 1008.345(5), and provide summarized
   76  academic performance reports of each traditional public school
   77  receiving funds.
   78         Section 5. The amendments made by this act to s.
   79  1002.333(10)(b)-(c), Florida Statutes, expire July 1, 2019, and
   80  the text of those paragraphs shall revert to that in existence
   81  on June 30, 2018, except that any amendments to such text
   82  enacted other than by this act shall be preserved and continue
   83  to operate to the extent that such amendments are not dependent
   84  upon the portions of text which expire pursuant to this section.
   85         Section 6.  In order to implement Specific Appropriations 6
   86  and 92 of the 2018-2019 General Appropriations Act, present
   87  subsections (16) and (17) of section 1011.62, Florida Statutes,
   88  are renumbered as subsections (19) and (20), respectively, new
   89  subsections (16) and (17) and subsection (18) are added to that
   90  section, and paragraph (a) of subsection (4) and subsection (14)
   91  of that section are amended, to read:
   92         1011.62 Funds for operation of schools.—If the annual
   93  allocation from the Florida Education Finance Program to each
   94  district for operation of schools is not determined in the
   95  annual appropriations act or the substantive bill implementing
   96  the annual appropriations act, it shall be determined as
   97  follows:
   98         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
   99  Legislature shall prescribe the aggregate required local effort
  100  for all school districts collectively as an item in the General
  101  Appropriations Act for each fiscal year. The amount that each
  102  district shall provide annually toward the cost of the Florida
  103  Education Finance Program for kindergarten through grade 12
  104  programs shall be calculated as follows:
  105         (a) Estimated taxable value calculations.—
  106         1.a. Not later than 2 working days before July 19, the
  107  Department of Revenue shall certify to the Commissioner of
  108  Education its most recent estimate of the taxable value for
  109  school purposes in each school district and the total for all
  110  school districts in the state for the current calendar year
  111  based on the latest available data obtained from the local
  112  property appraisers. The value certified shall be the taxable
  113  value for school purposes for that year, and no further
  114  adjustments shall be made, except those made pursuant to
  115  paragraphs (c) and (d), or an assessment roll change required by
  116  final judicial decisions as specified in paragraph (19)(b)
  117  (16)(b). Not later than July 19, the Commissioner of Education
  118  shall compute a millage rate, rounded to the next highest one
  119  one-thousandth of a mill, which, when applied to 96 percent of
  120  the estimated state total taxable value for school purposes,
  121  would generate the prescribed aggregate required local effort
  122  for that year for all districts. The Commissioner of Education
  123  shall certify to each district school board the millage rate,
  124  computed as prescribed in this subparagraph, as the minimum
  125  millage rate necessary to provide the district required local
  126  effort for that year.
  127         b. The General Appropriations Act shall direct the
  128  computation of the statewide adjusted aggregate amount for
  129  required local effort for all school districts collectively from
  130  ad valorem taxes to ensure that no school district’s revenue
  131  from required local effort millage will produce more than 90
  132  percent of the district’s total Florida Education Finance
  133  Program calculation as calculated and adopted by the
  134  Legislature, and the adjustment of the required local effort
  135  millage rate of each district that produces more than 90 percent
  136  of its total Florida Education Finance Program entitlement to a
  137  level that will produce only 90 percent of its total Florida
  138  Education Finance Program entitlement in the July calculation.
  139         2. On the same date as the certification in sub
  140  subparagraph 1.a., the Department of Revenue shall certify to
  141  the Commissioner of Education for each district:
  142         a. Each year for which the property appraiser has certified
  143  the taxable value pursuant to s. 193.122(2) or (3), if
  144  applicable, since the prior certification under sub-subparagraph
  145  1.a.
  146         b. For each year identified in sub-subparagraph a., the
  147  taxable value certified by the appraiser pursuant to s.
  148  193.122(2) or (3), if applicable, since the prior certification
  149  under sub-subparagraph 1.a. This is the certification that
  150  reflects all final administrative actions of the value
  151  adjustment board.
  152         (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
  153  annually in the General Appropriations Act determine a
  154  percentage increase in funds per K-12 unweighted FTE as a
  155  minimum guarantee to each school district. The guarantee shall
  156  be calculated from prior year base funding per unweighted FTE
  157  student which shall include the adjusted FTE dollars as provided
  158  in subsection (19) (16), quality guarantee funds, and actual
  159  nonvoted discretionary local effort from taxes. From the base
  160  funding per unweighted FTE, the increase shall be calculated for
  161  the current year. The current year funds from which the
  162  guarantee shall be determined shall include the adjusted FTE
  163  dollars as provided in subsection (19) (16) and potential
  164  nonvoted discretionary local effort from taxes. A comparison of
  165  current year funds per unweighted FTE to prior year funds per
  166  unweighted FTE shall be computed. For those school districts
  167  which have less than the legislatively assigned percentage
  168  increase, funds shall be provided to guarantee the assigned
  169  percentage increase in funds per unweighted FTE student. Should
  170  appropriated funds be less than the sum of this calculated
  171  amount for all districts, the commissioner shall prorate each
  172  district’s allocation. This provision shall be implemented to
  173  the extent specifically funded.
  174         (16) HOPE SUPPLEMENTAL SERVICES ALLOCATION.The hope
  175  supplemental services allocation is created to provide district
  176  managed turnaround schools, as required under s. 1008.33(4)(a),
  177  and charter schools authorized under s. 1008.33(4)(b), with
  178  funds to offer services designed to improve the overall academic
  179  and community welfare of the schools’ students and their
  180  families.
  181         (a) Services funded by the allocation may include, but are
  182  not limited to, tutorial and after-school programs, student
  183  counseling, nutrition education, and parental counseling. In
  184  addition, services may also include models that develop a
  185  culture that encourages students to complete high school and to
  186  attend college or career training, set high academic
  187  expectations, inspire character development, and include an
  188  extended school day and school year.
  189         (b) Prior to distribution of the allocation, a school
  190  district, for a district turnaround school, or the charter
  191  school governing board for a charter school, as applicable,
  192  shall develop and submit a plan for implementation to its
  193  respective governing body for approval no later than August 1 of
  194  the fiscal year.
  195         (c) At a minimum, the plans required under paragraph (b)
  196  must:
  197         1. Establish comprehensive support services that develop
  198  family and community partnerships;
  199         2. Establish clearly defined and measurable high academic
  200  and character standards;
  201         3. Increase parental involvement and engagement in the
  202  child’s education;
  203         4. Describe how instructional personnel will be identified,
  204  recruited, retained, and rewarded;
  205         5. Provide professional development that focuses on
  206  academic rigor, direct instruction, and creating high academic
  207  and character standards; and
  208         6. Provide focused instruction to improve student academic
  209  proficiency, which may include additional instruction time
  210  beyond the normal school day or school year.
  211         (d) Each school district and hope operator shall submit
  212  approved plans to the commissioner by September 1 of each fiscal
  213  year.
  214         (e) For the 2018-2019 fiscal year, a school that is
  215  selected to receive funding in the 2017-2018 fiscal year
  216  pursuant to s. 1002.333(10)(c) shall receive $2,000 per FTE. A
  217  district-managed turnaround school required under s.
  218  1008.33(4)(a) and a charter school authorized under s.
  219  1008.33(4)(b) are eligible for the remaining funds based on the
  220  school’s unweighted FTE, up to $2,000 per FTE or as provided in
  221  the General Appropriations Act.
  222  
  223  This subsection expires July 1, 2019.
  224         (17) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
  225  assistance allocation is created to provide supplemental funding
  226  to assist school districts in establishing or expanding
  227  comprehensive school-based mental health programs that increase
  228  awareness of mental health issues among children and school-age
  229  youth; train educators and other school staff in detecting and
  230  responding to mental health issues; and connect children, youth,
  231  and families who may experience behavioral health issues with
  232  appropriate services. These funds may be allocated annually in
  233  the General Appropriations Act to each eligible school district
  234  and developmental research school based on each entity’s
  235  proportionate share of Florida Education Finance Program base
  236  funding. The district funding allocation must include a minimum
  237  amount as specified in the General Appropriations Act. Upon
  238  submission and approval of a plan that includes the elements
  239  specified in paragraph (b), charter schools are also entitled to
  240  a proportionate share of district funding for this program. The
  241  allocated funds may not supplant funds that are provided for
  242  this purpose from other operating funds and may not be used to
  243  increase salaries or provide bonuses.
  244         (a) Prior to distribution of the allocation:
  245         1. The district must annually develop and submit a detailed
  246  plan outlining the local program and planned expenditures to the
  247  district school board for approval.
  248         2. A charter school must annually develop and submit a
  249  detailed plan outlining the local program and planned
  250  expenditures of the funds in the plan to its governing body for
  251  approval. After the plan is approved by the governing body, it
  252  must be provided to its school district for submission to the
  253  commissioner.
  254         (b) The plans required under paragraph (a) must include, at
  255  a minimum, all of the following elements:
  256         1. A collaborative effort or partnership between the school
  257  district and at least one local community program or agency
  258  involved in mental health to provide or to improve prevention,
  259  diagnosis, and treatment services for students;
  260         2. Programs to assist students in dealing with bullying,
  261  trauma, and violence;
  262         3. Strategies or programs to reduce the likelihood of at
  263  risk students developing social, emotional, or behavioral health
  264  problems or substance use disorders;
  265         4. Strategies to improve the early identification of
  266  social, emotional, or behavioral problems or substance use
  267  disorders and to improve the provision of early intervention
  268  services;
  269         5. Strategies to enhance the availability of school-based
  270  crisis intervention services and appropriate referrals for
  271  students in need of mental health services; and
  272         6. Training opportunities for school personnel in the
  273  techniques and supports needed to identify students who have
  274  trauma histories and who have or are at risk of having a mental
  275  illness, and in the use of referral mechanisms that effectively
  276  link such students to appropriate treatment and intervention
  277  services in the school and in the community.
  278         (c) The districts shall submit approved plans to the
  279  commissioner by August 1 of each fiscal year.
  280  
  281  This subsection expires July 1, 2019.
  282         (18) FUNDING COMPRESSION ALLOCATION.—The Legislature may
  283  provide an annual funding compression allocation in the General
  284  Appropriations Act. The allocation is created to provide
  285  additional funding to school districts and developmental
  286  research schools whose total funds per FTE in the prior year
  287  were less than the statewide average. Using the most recent
  288  prior year FEFP calculation for each eligible school district,
  289  the total funds per FTE shall be subtracted from the state
  290  average funds per FTE, not including any adjustments made
  291  pursuant to paragraph (19)(b). The resulting funds per FTE
  292  difference, or a portion thereof, as designated in the General
  293  Appropriations Act, shall then be multiplied by the school
  294  district’s total unweighted FTE to provide the allocation. If
  295  the calculated funds are greater than the amount included in the
  296  General Appropriations Act, they must be prorated to the
  297  appropriation amount based on each participating school
  298  district’s share. This subsection expires July 1, 2019.
  299         Section 7. In order to implement Specific Appropriations 6
  300  and 92 of the 2018-2019 General Appropriations Act, paragraph
  301  (c) of subsection (3) of section 1012.731, Florida Statutes, is
  302  amended to read:
  303         1012.731 The Florida Best and Brightest Teacher Scholarship
  304  Program.—
  305         (3)
  306         (c) Notwithstanding the requirements of this subsection,
  307  for the 2017-2018, 2018-2019, and 2019-2020 school years, any
  308  classroom teacher who:
  309         1. Was evaluated as highly effective pursuant to s. 1012.34
  310  in the school year immediately preceding the year in which the
  311  scholarship will be awarded shall receive a scholarship of
  312  $1200, including a classroom teacher who received an award
  313  pursuant to paragraph (a).
  314         2. Was evaluated as effective pursuant to s. 1012.34 in the
  315  school year immediately preceding the year in which the
  316  scholarship will be awarded a scholarship of up to $800. If the
  317  number of eligible classroom teachers under this subparagraph
  318  exceeds the total allocation, the department shall prorate the
  319  per-teacher scholarship amount.
  320  
  321  This paragraph expires July 1, 2020.
  322         Section 8. In order to implement Specific Appropriation 200
  323  of the 2018-2019 General Appropriations Act, the calculations
  324  for the Medicaid Disproportionate Share Hospital program for the
  325  2018-2019 fiscal year contained in the document titled “Medicaid
  326  Hospital Funding Program,” dated January 26, 2018, and filed
  327  with the Secretary of the Senate, are incorporated by reference
  328  for the purpose of displaying the calculations used by the
  329  Legislature, consistent with the requirements of state law, in
  330  making appropriations for the Medicaid Disproportionate Share
  331  Hospital program. This section expires July 1, 2019.
  332         Section 9. In order to implement Specific Appropriations
  333  193 through 220 and 524 of the 2018-2019 General Appropriations
  334  Act, and notwithstanding ss. 216.181 and 216.292, Florida
  335  Statutes, the Agency for Health Care Administration, in
  336  consultation with the Department of Health, may submit a budget
  337  amendment, subject to the notice, review, and objection
  338  procedures of s. 216.177, Florida Statutes, to realign funding
  339  within and between agencies based on implementation of the
  340  Managed Medical Assistance component of the Statewide Medicaid
  341  Managed Care program for the Children’s Medical Services program
  342  of the Department of Health. The funding realignment shall
  343  reflect the actual enrollment changes due to the transfer of
  344  beneficiaries from fee-for-service to the capitated Children’s
  345  Medical Services Network. The Agency for Health Care
  346  Administration may submit a request for nonoperating budget
  347  authority to transfer the federal funds to the Department of
  348  Health pursuant to s. 216.181(12), Florida Statutes. This
  349  section expires July 1, 2019.
  350         Section 10. In order to implement Specific Appropriation
  351  242 of the 2018-2019 General Appropriations Act:
  352         (1) If during the 2018-2019 fiscal year, the Agency for
  353  Persons with Disabilities ceases to have an allocation algorithm
  354  and methodology adopted by valid rule pursuant to s. 393.0662,
  355  Florida Statutes, the agency shall use the following until it
  356  adopts a new allocation algorithm and methodology:
  357         (a) Each client’s iBudget in effect as of the date the
  358  agency ceases to have an allocation algorithm and methodology
  359  adopted by valid rule pursuant to s. 393.0662, Florida Statutes,
  360  shall remain at that funding level.
  361         (b) The Agency for Persons with Disabilities shall
  362  determine the iBudget for a client newly enrolled in the home
  363  and community-based services waiver program using the same
  364  allocation algorithm and methodology used for the iBudgets
  365  determined between January 1, 2017, and December 31, 2017.
  366         (2) After a new allocation algorithm and methodology is
  367  adopted by final rule, a client’s new iBudget shall be
  368  determined based on the new allocation algorithm and methodology
  369  and shall take effect as of the client’s next support plan
  370  update.
  371         (3) Funding allocated under subsections (1) and (2) may be
  372  increased pursuant to s. 393.0662(1)(b), Florida Statutes, or as
  373  necessary to comply with federal regulations.
  374         (4) This section expires July 1, 2019.
  375         Section 11. Effective October 1, 2018, in order to
  376  implement Specific Appropriations 217 and 218 of the 2018-2019
  377  General Appropriations Act, section 8 of chapter 2017-129, Laws
  378  of Florida, is amended to read:
  379         Section 8. Effective October 1, 2018, subsection (2) of
  380  section 409.908, Florida Statutes, is amended to read:
  381         409.908 Reimbursement of Medicaid providers.—Subject to
  382  specific appropriations, the agency shall reimburse Medicaid
  383  providers, in accordance with state and federal law, according
  384  to methodologies set forth in the rules of the agency and in
  385  policy manuals and handbooks incorporated by reference therein.
  386  These methodologies may include fee schedules, reimbursement
  387  methods based on cost reporting, negotiated fees, competitive
  388  bidding pursuant to s. 287.057, and other mechanisms the agency
  389  considers efficient and effective for purchasing services or
  390  goods on behalf of recipients. If a provider is reimbursed based
  391  on cost reporting and submits a cost report late and that cost
  392  report would have been used to set a lower reimbursement rate
  393  for a rate semester, then the provider’s rate for that semester
  394  shall be retroactively calculated using the new cost report, and
  395  full payment at the recalculated rate shall be effected
  396  retroactively. Medicare-granted extensions for filing cost
  397  reports, if applicable, shall also apply to Medicaid cost
  398  reports. Payment for Medicaid compensable services made on
  399  behalf of Medicaid eligible persons is subject to the
  400  availability of moneys and any limitations or directions
  401  provided for in the General Appropriations Act or chapter 216.
  402  Further, nothing in this section shall be construed to prevent
  403  or limit the agency from adjusting fees, reimbursement rates,
  404  lengths of stay, number of visits, or number of services, or
  405  making any other adjustments necessary to comply with the
  406  availability of moneys and any limitations or directions
  407  provided for in the General Appropriations Act, provided the
  408  adjustment is consistent with legislative intent.
  409         (2)(a)1. Reimbursement to nursing homes licensed under part
  410  II of chapter 400 and state-owned-and-operated intermediate care
  411  facilities for the developmentally disabled licensed under part
  412  VIII of chapter 400 must be made prospectively.
  413         2. Unless otherwise limited or directed in the General
  414  Appropriations Act, reimbursement to hospitals licensed under
  415  part I of chapter 395 for the provision of swing-bed nursing
  416  home services must be made on the basis of the average statewide
  417  nursing home payment, and reimbursement to a hospital licensed
  418  under part I of chapter 395 for the provision of skilled nursing
  419  services must be made on the basis of the average nursing home
  420  payment for those services in the county in which the hospital
  421  is located. When a hospital is located in a county that does not
  422  have any community nursing homes, reimbursement shall be
  423  determined by averaging the nursing home payments in counties
  424  that surround the county in which the hospital is located.
  425  Reimbursement to hospitals, including Medicaid payment of
  426  Medicare copayments, for skilled nursing services shall be
  427  limited to 30 days, unless a prior authorization has been
  428  obtained from the agency. Medicaid reimbursement may be extended
  429  by the agency beyond 30 days, and approval must be based upon
  430  verification by the patient’s physician that the patient
  431  requires short-term rehabilitative and recuperative services
  432  only, in which case an extension of no more than 15 days may be
  433  approved. Reimbursement to a hospital licensed under part I of
  434  chapter 395 for the temporary provision of skilled nursing
  435  services to nursing home residents who have been displaced as
  436  the result of a natural disaster or other emergency may not
  437  exceed the average county nursing home payment for those
  438  services in the county in which the hospital is located and is
  439  limited to the period of time which the agency considers
  440  necessary for continued placement of the nursing home residents
  441  in the hospital.
  442         (b) Subject to any limitations or directions in the General
  443  Appropriations Act, the agency shall establish and implement a
  444  state Title XIX Long-Term Care Reimbursement Plan for nursing
  445  home care in order to provide care and services in conformance
  446  with the applicable state and federal laws, rules, regulations,
  447  and quality and safety standards and to ensure that individuals
  448  eligible for medical assistance have reasonable geographic
  449  access to such care.
  450         1. The agency shall amend the long-term care reimbursement
  451  plan and cost reporting system to create direct care and
  452  indirect care subcomponents of the patient care component of the
  453  per diem rate. These two subcomponents together shall equal the
  454  patient care component of the per diem rate. Separate prices
  455  shall be calculated for each patient care subcomponent,
  456  initially based on the September 2016 rate setting cost reports
  457  and subsequently based on the most recently audited cost report
  458  used during a rebasing year. The direct care subcomponent of the
  459  per diem rate for any providers still being reimbursed on a cost
  460  basis shall be limited by the cost-based class ceiling, and the
  461  indirect care subcomponent may be limited by the lower of the
  462  cost-based class ceiling, the target rate class ceiling, or the
  463  individual provider target. The ceilings and targets apply only
  464  to providers being reimbursed on a cost-based system. Effective
  465  October 1, 2018, a prospective payment methodology shall be
  466  implemented for rate setting purposes with the following
  467  parameters:
  468         a. Peer Groups, including:
  469         (I) North-SMMC Regions 1-9, less Palm Beach and Okeechobee
  470  Counties; and
  471         (II) South-SMMC Regions 10-11, plus Palm Beach and
  472  Okeechobee Counties.
  473         b. Percentage of Median Costs based on the cost reports
  474  used for September 2016 rate setting:
  475         (I) Direct Care Costs....................105 100 percent.
  476         (II) Indirect Care Costs......................92 percent.
  477         (III) Operating Costs.........................86 percent.
  478         c. Floors:
  479         (I) Direct Care Component.....................95 percent.
  480         (II) Indirect Care Component................92.5 percent.
  481         (III) Operating Component...........................None.
  482         d. Pass-through PaymentsReal Estate and Personal Property
  483  Taxes and Property Insurance.
  484         e. Quality Incentive Program Payment Pool7.5 6 percent of
  485  September 2016 non-property related payments of included
  486  facilities.
  487         f. Quality Score Threshold to Quality for Quality Incentive
  488  Payment..................20th percentile of included facilities.
  489         g. Fair Rental Value System Payment Parameters:
  490         (I) Building Value per Square Foot based on 2018 RS Means.
  491         (II) Land Valuation...10 percent of Gross Building value.
  492         (III) Facility Square Footage......Actual Square Footage.
  493         (IV) Moveable Equipment Allowance.........$8,000 per bed.
  494         (V) Obsolescence Factor......................1.5 percent.
  495         (VI) Fair Rental Rate of Return................8 percent.
  496         (VII) Minimum Occupancy.......................90 percent.
  497         (VIII) Maximum Facility Age.....................40 years.
  498         (IX) Minimum Square Footage per Bed..................350.
  499         (X) Maximum Square Footage for Bed...................500.
  500         (XI) Minimum Cost of a renovation/replacements$500 per bed.
  501         h. Ventilator Supplemental payment of $200 per Medicaid day
  502  of 40,000 ventilator Medicaid days per fiscal year.
  503         2. The direct care subcomponent shall include salaries and
  504  benefits of direct care staff providing nursing services
  505  including registered nurses, licensed practical nurses, and
  506  certified nursing assistants who deliver care directly to
  507  residents in the nursing home facility, allowable therapy costs,
  508  and dietary costs. This excludes nursing administration, staff
  509  development, the staffing coordinator, and the administrative
  510  portion of the minimum data set and care plan coordinators. The
  511  direct care subcomponent also includes medically necessary
  512  dental care, vision care, hearing care, and podiatric care.
  513         3. All other patient care costs shall be included in the
  514  indirect care cost subcomponent of the patient care per diem
  515  rate, including complex medical equipment, medical supplies, and
  516  other allowable ancillary costs. Costs may not be allocated
  517  directly or indirectly to the direct care subcomponent from a
  518  home office or management company.
  519         4. On July 1 of each year, the agency shall report to the
  520  Legislature direct and indirect care costs, including average
  521  direct and indirect care costs per resident per facility and
  522  direct care and indirect care salaries and benefits per category
  523  of staff member per facility.
  524         5. Every fourth year, the agency shall rebase nursing home
  525  prospective payment rates to reflect changes in cost based on
  526  the most recently audited cost report for each participating
  527  provider.
  528         6. A direct care supplemental payment may be made to
  529  providers whose direct care hours per patient day are above the
  530  80th percentile and who provide Medicaid services to a larger
  531  percentage of Medicaid patients than the state average.
  532         7. For the period beginning on October 1, 2018, and ending
  533  on September 30, 2021, the agency shall reimburse providers the
  534  greater of their September 2016 cost-based rate or their
  535  prospective payment rate. Effective October 1, 2021, the agency
  536  shall reimburse providers the greater of 95 percent of their
  537  cost-based rate or their rebased prospective payment rate, using
  538  the most recently audited cost report for each facility. This
  539  subparagraph shall expire September 30, 2023.
  540         8. Pediatric, Florida Department of Veterans Affairs, and
  541  government-owned facilities are exempt from the pricing model
  542  established in this subsection and shall remain on a cost-based
  543  prospective payment system. Effective October 1, 2018, the
  544  agency shall set rates for all facilities remaining on a cost
  545  based prospective payment system using each facility’s most
  546  recently audited cost report, eliminating retroactive
  547  settlements.
  548  
  549  It is the intent of the Legislature that the reimbursement plan
  550  achieve the goal of providing access to health care for nursing
  551  home residents who require large amounts of care while
  552  encouraging diversion services as an alternative to nursing home
  553  care for residents who can be served within the community. The
  554  agency shall base the establishment of any maximum rate of
  555  payment, whether overall or component, on the available moneys
  556  as provided for in the General Appropriations Act. The agency
  557  may base the maximum rate of payment on the results of
  558  scientifically valid analysis and conclusions derived from
  559  objective statistical data pertinent to the particular maximum
  560  rate of payment.
  561         Section 12. Effective October 1, 2018, in order to
  562  implement Specific Appropriations 217 and 218 of the 2018-2019
  563  General Appropriations Act, subsection (23) of section 409.908,
  564  Florida Statutes, is amended to read:
  565         409.908 Reimbursement of Medicaid providers.—Subject to
  566  specific appropriations, the agency shall reimburse Medicaid
  567  providers, in accordance with state and federal law, according
  568  to methodologies set forth in the rules of the agency and in
  569  policy manuals and handbooks incorporated by reference therein.
  570  These methodologies may include fee schedules, reimbursement
  571  methods based on cost reporting, negotiated fees, competitive
  572  bidding pursuant to s. 287.057, and other mechanisms the agency
  573  considers efficient and effective for purchasing services or
  574  goods on behalf of recipients. If a provider is reimbursed based
  575  on cost reporting and submits a cost report late and that cost
  576  report would have been used to set a lower reimbursement rate
  577  for a rate semester, then the provider’s rate for that semester
  578  shall be retroactively calculated using the new cost report, and
  579  full payment at the recalculated rate shall be effected
  580  retroactively. Medicare-granted extensions for filing cost
  581  reports, if applicable, shall also apply to Medicaid cost
  582  reports. Payment for Medicaid compensable services made on
  583  behalf of Medicaid eligible persons is subject to the
  584  availability of moneys and any limitations or directions
  585  provided for in the General Appropriations Act or chapter 216.
  586  Further, nothing in this section shall be construed to prevent
  587  or limit the agency from adjusting fees, reimbursement rates,
  588  lengths of stay, number of visits, or number of services, or
  589  making any other adjustments necessary to comply with the
  590  availability of moneys and any limitations or directions
  591  provided for in the General Appropriations Act, provided the
  592  adjustment is consistent with legislative intent.
  593         (23)(a) The agency shall establish rates at a level that
  594  ensures no increase in statewide expenditures resulting from a
  595  change in unit costs for county health departments effective
  596  July 1, 2011. Reimbursement rates shall be as provided in the
  597  General Appropriations Act.
  598         (b)1. Base rate reimbursement for inpatient services under
  599  a diagnosis-related group payment methodology shall be provided
  600  in the General Appropriations Act.
  601         2.(c) Base rate reimbursement for outpatient services under
  602  an enhanced ambulatory payment group methodology shall be
  603  provided in the General Appropriations Act.
  604         3. Prospective payment system reimbursement for nursing
  605  home services shall be as provided in subsection (2) and in the
  606  General Appropriations Act
  607         (d) This subsection applies to the following provider
  608  types:
  609         1. Nursing homes.
  610         2. County health departments.
  611         (e) The agency shall apply the effect of this subsection to
  612  the reimbursement rates for nursing home diversion programs.
  613         Section 13. The amendments made by this act to ss.
  614  409.908(2) and (23), Florida Statutes, expire July 1, 2019, and
  615  the text of those subsections shall revert to that in existence
  616  on October 1, 2018, not including any amendments made by this
  617  act, except that any amendments to such text enacted other than
  618  by this act shall be preserved and continue to operate to the
  619  extent that such amendments are not dependent upon the portions
  620  of text which expire pursuant to this section.
  621         Section 14. Effective upon this act becoming a law, in
  622  order to implement Specific Appropriations 199, 203, 204, 206,
  623  208, and 217 of the 2018-2019 General Appropriations Act, the
  624  Agency for Health Care Administration shall seek authorization
  625  from the federal Centers for Medicare and Medicaid Services to
  626  modify the period of retroactive Medicaid eligibility from 90
  627  days to 30 days in a manner that ensures that the modification
  628  becomes effective on July 1, 2018.
  629         Section 15. In order to implement Specific Appropriation
  630  200 of the 2018-2019 General Appropriations Act, subsections (2)
  631  and (10) of section 409.911, Florida Statutes, are amended to
  632  read:
  633         409.911 Disproportionate share program.—Subject to specific
  634  allocations established within the General Appropriations Act
  635  and any limitations established pursuant to chapter 216, the
  636  agency shall distribute, pursuant to this section, moneys to
  637  hospitals providing a disproportionate share of Medicaid or
  638  charity care services by making quarterly Medicaid payments as
  639  required. Notwithstanding the provisions of s. 409.915, counties
  640  are exempt from contributing toward the cost of this special
  641  reimbursement for hospitals serving a disproportionate share of
  642  low-income patients.
  643         (2) The Agency for Health Care Administration shall use the
  644  following actual audited data to determine the Medicaid days and
  645  charity care to be used in calculating the disproportionate
  646  share payment:
  647         (a) The average of the 2010, 2011, and 2012 2009, 2010, and
  648  2011 audited disproportionate share data to determine each
  649  hospital’s Medicaid days and charity care for the 2018-2019
  650  2017-2018 state fiscal year.
  651         (b) If the Agency for Health Care Administration does not
  652  have the prescribed 3 years of audited disproportionate share
  653  data as noted in paragraph (a) for a hospital, the agency shall
  654  use the average of the years of the audited disproportionate
  655  share data as noted in paragraph (a) which is available.
  656         (c) In accordance with s. 1923(b) of the Social Security
  657  Act, a hospital with a Medicaid inpatient utilization rate
  658  greater than one standard deviation above the statewide mean or
  659  a hospital with a low-income utilization rate of 25 percent or
  660  greater shall qualify for reimbursement.
  661         (10) Notwithstanding any provision of this section to the
  662  contrary, for the 2018-2019 2017-2018 state fiscal year, the
  663  agency shall distribute moneys to hospitals providing a
  664  disproportionate share of Medicaid or charity care services as
  665  provided in the 2018-2019 2017-2018 General Appropriations Act.
  666  This subsection expires July 1, 2019 2018.
  667         Section 16. In order to implement Specific Appropriation
  668  200 of the 2018-2019 General Appropriations Act, subsection (3)
  669  of section 409.9113, Florida Statutes, is amended to read:
  670         409.9113 Disproportionate share program for teaching
  671  hospitals.—In addition to the payments made under s. 409.911,
  672  the agency shall make disproportionate share payments to
  673  teaching hospitals, as defined in s. 408.07, for their increased
  674  costs associated with medical education programs and for
  675  tertiary health care services provided to the indigent. This
  676  system of payments must conform to federal requirements and
  677  distribute funds in each fiscal year for which an appropriation
  678  is made by making quarterly Medicaid payments. Notwithstanding
  679  s. 409.915, counties are exempt from contributing toward the
  680  cost of this special reimbursement for hospitals serving a
  681  disproportionate share of low-income patients. The agency shall
  682  distribute the moneys provided in the General Appropriations Act
  683  to statutorily defined teaching hospitals and family practice
  684  teaching hospitals, as defined in s. 395.805, pursuant to this
  685  section. The funds provided for statutorily defined teaching
  686  hospitals shall be distributed as provided in the General
  687  Appropriations Act. The funds provided for family practice
  688  teaching hospitals shall be distributed equally among family
  689  practice teaching hospitals.
  690         (3) Notwithstanding any provision of this section to the
  691  contrary, for the 2018-2019 2017-2018 state fiscal year, the
  692  agency shall make disproportionate share payments to teaching
  693  hospitals, as defined in s. 408.07, as provided in the 2018-2019
  694  2017-2018 General Appropriations Act. This subsection expires
  695  July 1, 2019 2018.
  696         Section 17. In order to implement Specific Appropriation
  697  200 of the 2018-2019 General Appropriations Act, subsection (4)
  698  of section 409.9119, Florida Statutes, is amended to read:
  699         409.9119 Disproportionate share program for specialty
  700  hospitals for children.—In addition to the payments made under
  701  s. 409.911, the Agency for Health Care Administration shall
  702  develop and implement a system under which disproportionate
  703  share payments are made to those hospitals that are separately
  704  licensed by the state as specialty hospitals for children, have
  705  a federal Centers for Medicare and Medicaid Services
  706  certification number in the 3300-3399 range, have Medicaid days
  707  that exceed 55 percent of their total days and Medicare days
  708  that are less than 5 percent of their total days, and were
  709  licensed on January 1, 2013, as specialty hospitals for
  710  children. This system of payments must conform to federal
  711  requirements and must distribute funds in each fiscal year for
  712  which an appropriation is made by making quarterly Medicaid
  713  payments. Notwithstanding s. 409.915, counties are exempt from
  714  contributing toward the cost of this special reimbursement for
  715  hospitals that serve a disproportionate share of low-income
  716  patients. The agency may make disproportionate share payments to
  717  specialty hospitals for children as provided for in the General
  718  Appropriations Act.
  719         (4) Notwithstanding any provision of this section to the
  720  contrary, for the 2018-2019 2017-2018 state fiscal year, for
  721  hospitals achieving full compliance under subsection (3), the
  722  agency shall make disproportionate share payments to specialty
  723  hospitals for children as provided in the 2018-2019 2017-2018
  724  General Appropriations Act. This subsection expires July 1, 2019
  725  2018.
  726         Section 18. In order to implement Specific Appropriations
  727  583 through 692 and 711 through 745 of the 2018-2019 General
  728  Appropriations Act, subsection (4) of section 216.262, Florida
  729  Statutes, is amended to read:
  730         216.262 Authorized positions.—
  731         (4) Notwithstanding the provisions of this chapter relating
  732  to increasing the number of authorized positions, and for the
  733  2018-2019 2017-2018 fiscal year only, if the actual inmate
  734  population of the Department of Corrections exceeds the inmate
  735  population projections of the December 20, 2017 February 23,
  736  2017, Criminal Justice Estimating Conference by 1 percent for 2
  737  consecutive months or 2 percent for any month, the Executive
  738  Office of the Governor, with the approval of the Legislative
  739  Budget Commission, shall immediately notify the Criminal Justice
  740  Estimating Conference, which shall convene as soon as possible
  741  to revise the estimates. The Department of Corrections may then
  742  submit a budget amendment requesting the establishment of
  743  positions in excess of the number authorized by the Legislature
  744  and additional appropriations from unallocated general revenue
  745  sufficient to provide for essential staff, fixed capital
  746  improvements, and other resources to provide classification,
  747  security, food services, health services, and other variable
  748  expenses within the institutions to accommodate the estimated
  749  increase in the inmate population. All actions taken pursuant to
  750  this subsection are subject to review and approval by the
  751  Legislative Budget Commission. This subsection expires July 1,
  752  2019 2018.
  753         Section 19. In order to implement Specific Appropriations
  754  3127 through 3194 of the 2018-2019 General Appropriations Act,
  755  subsection (2) of section 215.18, Florida Statutes, is amended
  756  to read:
  757         215.18 Transfers between funds; limitation.—
  758         (2) The Chief Justice of the Supreme Court may receive one
  759  or more trust fund loans to ensure that the state court system
  760  has funds sufficient to meet its appropriations in the 2018-2019
  761  2017-2018 General Appropriations Act. If the Chief Justice
  762  accesses the loan, he or she must notify the Governor and the
  763  chairs of the legislative appropriations committees in writing.
  764  The loan must come from other funds in the State Treasury which
  765  are for the time being or otherwise in excess of the amounts
  766  necessary to meet the just requirements of such last-mentioned
  767  funds. The Governor shall order the transfer of funds within 5
  768  days after the written notification from the Chief Justice. If
  769  the Governor does not order the transfer, the Chief Financial
  770  Officer shall transfer the requested funds. The loan of funds
  771  from which any money is temporarily transferred must be repaid
  772  by the end of the 2018-2019 2017-2018 fiscal year. This
  773  subsection expires July 1, 2019 2018.
  774         Section 20. In order to implement Specific Appropriation
  775  716 of the 2018-2019 General Appropriations Act, and
  776  notwithstanding s. 216.292, Florida Statutes, the Department of
  777  Corrections is authorized to submit budget amendments to
  778  transfer funds from categories within the department other than
  779  fixed capital outlay categories into the Inmate Health Services
  780  category in order to continue the current level of care in the
  781  provision of health services. Such transfers are subject to the
  782  notice, review, and objection procedures of s. 216.177, Florida
  783  Statutes. This section expires July 1, 2019.
  784         Section 21. (1) In order to implement Specific
  785  Appropriations 1104 through 1114 of the 2018-2019 General
  786  Appropriations Act, the Department of Juvenile Justice must
  787  review county juvenile detention payments to ensure that
  788  counties fulfill their financial responsibilities required in s.
  789  985.6865, Florida Statutes. If the Department of Juvenile
  790  Justice determines that a county has not met its obligations,
  791  the department must direct the Department of Revenue to deduct
  792  the amount owed to the Department of Juvenile Justice from the
  793  funds provided to the county under s. 218.23, Florida Statutes.
  794  The Department of Revenue shall transfer the funds withheld to
  795  the Shared County/State Juvenile Detention Trust Fund.
  796         (2) As an assurance to holders of bonds issued by counties
  797  before July 1, 2018, for which distributions made pursuant to s.
  798  218.23, Florida Statutes, are pledged, or bonds issued to refund
  799  such bonds which mature no later than the bonds they refunded
  800  and which result in a reduction of debt service payable in each
  801  fiscal year, the amount available for distribution to a county
  802  shall remain as provided by law and continue to be subject to
  803  any lien or claim on behalf of the bondholders. The Department
  804  of Revenue must ensure, based on information provided by an
  805  affected county, that any reduction in amounts distributed
  806  pursuant to subsection (1) does not reduce the amount of
  807  distribution to a county below the amount necessary for the
  808  timely payment of principal and interest when due on the bonds
  809  and the amount necessary to comply with any covenant under the
  810  bond resolution or other documents relating to the issuance of
  811  the bonds. If a reduction to a county’s monthly distribution
  812  must be decreased in order to comply with this subsection, the
  813  Department of Revenue must notify the Department of Juvenile
  814  Justice of the amount of the decrease, and the Department of
  815  Juvenile Justice must send a bill for payment of such amount to
  816  the affected county.
  817         (3) This section expires July 1, 2019.
  818         Section 22. In order to implement Specific Appropriations
  819  1104 through 1114 of the 2018-2019 General Appropriations Act,
  820  the Department of Juvenile Justice may not provide, make, pay,
  821  or deduct, and a nonfiscally constrained county may not apply,
  822  deduct, or receive any reimbursement or any credit for any
  823  previous overpayment of juvenile detention care costs related to
  824  or for any previous state fiscal year, against the juvenile
  825  detention care costs due from the nonfiscally constrained county
  826  in the 2018-2019 fiscal year pursuant to s. 985.686, Florida
  827  Statutes, or any other law. This section expires July 1, 2019.
  828         Section 23. In order to implement Specific Appropriation
  829  772 of the 2018-2019 General Appropriations Act, subsection (13)
  830  of section 27.5304, Florida Statutes, is amended to read:
  831         27.5304 Private court-appointed counsel; compensation;
  832  notice.—
  833         (13) Notwithstanding the limitation set forth in subsection
  834  (5) and for the 2018-2019 2017-2018 fiscal year only, the
  835  compensation for representation in a criminal proceeding may not
  836  exceed the following:
  837         (a) For misdemeanors and juveniles represented at the trial
  838  level: $1,000.
  839         (b) For noncapital, nonlife felonies represented at the
  840  trial level: $15,000.
  841         (c) For life felonies represented at the trial level:
  842  $15,000.
  843         (d) For capital cases represented at the trial level:
  844  $25,000. For purposes of this paragraph, a “capital case” is any
  845  offense for which the potential sentence is death and the state
  846  has not waived seeking the death penalty.
  847         (e) For representation on appeal: $9,000.
  848  
  849  (f) This subsection expires July 1, 2019 2018.
  850         Section 24. In order to implement Specific Appropriation
  851  732 of the 2018-2019 General Appropriations Act, paragraph (b)
  852  of subsection (7) of section 1011.80, Florida Statutes, is
  853  amended to read:
  854         1011.80 Funds for operation of workforce education
  855  programs.—
  856         (7)
  857         (b) State funds provided for the operation of postsecondary
  858  workforce programs may not be expended for the education of
  859  state or federal inmates, except to the extent that such funds
  860  are specifically appropriated for such purpose in the 2018-2019
  861  General Appropriations Act.
  862         Section 25. In order to implement Specific Appropriation
  863  3129 of the 2018-2019 General Appropriations Act, and
  864  notwithstanding s. 112.061(4), Florida Statutes:
  865         (1)(a)A Supreme Court justice who permanently resides
  866  outside Leon County may, if he or she so requests, have a
  867  district court of appeal courthouse, a county courthouse, or
  868  other appropriate facility in his or her district of residence
  869  designated as his or her official headquarters for purposes of
  870  s. 112.061, Florida Statutes. This official headquarters may
  871  serve only as the justice’s private chambers.
  872         (b)A justice for whom an official headquarters is
  873  designated in his or her district of residence under this
  874  subsection is eligible for subsistence at a rate to be
  875  established by the Chief Justice for each day or partial day
  876  that the justice is at the headquarters of the Supreme Court to
  877  conduct court business. In addition to the subsistence
  878  allowance, a justice is eligible for reimbursement for
  879  transportation expenses as provided in s. 112.061(7), Florida
  880  Statutes, for travel between the justice’s official headquarters
  881  and the headquarters of the Supreme Court to conduct court
  882  business.
  883         (c) Payment of subsistence and reimbursement for
  884  transportation expenses relating to travel between a justice’s
  885  official headquarters and the headquarters of the Supreme Court
  886  shall be made to the extent appropriated funds are available, as
  887  determined by the Chief Justice.
  888         (2) The Chief Justice shall coordinate with each affected
  889  justice and other state and local officials as necessary to
  890  implement paragraph (1)(a).
  891         (3)(a)This section does not require a county to provide
  892  space in a county courthouse for a justice. A county may enter
  893  into an agreement with the Supreme Court governing the use of
  894  space in a county courthouse.
  895         (b) The Supreme Court may not use state funds to lease
  896  space in a district court of appeal courthouse, a county
  897  courthouse, or another facility to allow a justice to establish
  898  an official headquarters pursuant to subsection (1).
  899         (4) This section expires July 1, 2019.
  900         Section 26. In order to implement appropriations used to
  901  pay existing lease contracts for private lease space in excess
  902  of 2,000 square feet in the 2018-2019 General Appropriations
  903  Act, the Department of Management Services, with the cooperation
  904  of the agencies having the existing lease contracts for office
  905  or storage space, shall use tenant broker services to
  906  renegotiate or reprocure all private lease agreements for office
  907  or storage space expiring between July 1, 2019, and June 30,
  908  2021, in order to reduce costs in future years. The department
  909  shall incorporate this initiative into its 2018 master leasing
  910  report required under s. 255.249(7), Florida Statutes, and may
  911  use tenant broker services to explore the possibilities of
  912  collocating office or storage space, to review the space needs
  913  of each agency, and to review the length and terms of potential
  914  renewals or renegotiations. The department shall provide a
  915  report to the Executive Office of the Governor, the President of
  916  the Senate, and the Speaker of the House of Representatives by
  917  November 1, 2018, which lists each lease contract for private
  918  office or storage space, the status of renegotiations, and the
  919  savings achieved. This section expires July 1, 2019.
  920         Section 27. In order to implement Specific Appropriations
  921  2758 through 2770 of the 2018-2019 General Appropriations Act,
  922  and notwithstanding rule 60A-1.031, Florida Administrative Code,
  923  the transaction fee collected for use of the online procurement
  924  system, authorized in ss. 287.042(1)(h)1. and 287.057(22)(c),
  925  Florida Statutes, is seven-tenths of 1 percent for the 2018-2019
  926  fiscal year only. This section expires July 1, 2019.
  927         Section 28. In order to implement appropriations authorized
  928  in the 2018-2019 General Appropriations Act for data center
  929  services, and notwithstanding s. 216.292(2)(a), Florida
  930  Statutes, an agency may not transfer funds from a data
  931  processing category to a category other than another data
  932  processing category. This section expires July 1, 2019.
  933         Section 29. In order to implement the appropriation of
  934  funds in the appropriation category “Data Processing Assessment
  935  Agency for State Technology” in the 2018-2019 General
  936  Appropriations Act, and pursuant to the notice, review, and
  937  objection procedures of s. 216.177, Florida Statutes, the
  938  Executive Office of the Governor may transfer funds appropriated
  939  in that category between departments in order to align the
  940  budget authority granted based on the estimated billing cycle
  941  and methodology used by the Agency for State Technology for data
  942  processing services provided. This section expires July 1, 2019.
  943         Section 30. In order to implement the appropriation of
  944  funds in the appropriation category “Special Categories-Risk
  945  Management Insurance” in the 2018-2019 General Appropriations
  946  Act, and pursuant to the notice, review, and objection
  947  procedures of s. 216.177, Florida Statutes, the Executive Office
  948  of the Governor may transfer funds appropriated in that category
  949  between departments in order to align the budget authority
  950  granted with the premiums paid by each department for risk
  951  management insurance. This section expires July 1, 2019.
  952         Section 31. In order to implement the appropriation of
  953  funds in the appropriation category “Special Categories-Transfer
  954  to Department of Management Services-Human Resources Services
  955  Purchased per Statewide Contract” in the 2018-2019 General
  956  Appropriations Act, and pursuant to the notice, review, and
  957  objection procedures of s. 216.177, Florida Statutes, the
  958  Executive Office of the Governor may transfer funds appropriated
  959  in that category between departments in order to align the
  960  budget authority granted with the assessments that must be paid
  961  by each agency to the Department of Management Services for
  962  human resource management services. This section expires July 1,
  963  2019.
  964         Section 32. In order to implement Specific Appropriation
  965  2333 of the 2018-2019 General Appropriations Act:
  966         (1) The Department of Financial Services shall replace the
  967  four main components of the Florida Accounting Information
  968  Resource Subsystem (FLAIR), which include central FLAIR,
  969  departmental FLAIR, payroll, and information warehouse, and
  970  shall replace the cash management and accounting management
  971  components of the Cash Management Subsystem (CMS) with an
  972  integrated enterprise system that allows the state to organize,
  973  define, and standardize its financial management business
  974  processes and that complies with ss. 215.90-215.96, Florida
  975  Statutes. The department may not include in the replacement of
  976  FLAIR and CMS:
  977         (a) Functionality that duplicates any of the other
  978  information subsystems of the Florida Financial Management
  979  Information System; or
  980         (b) Agency business processes related to any of the
  981  functions included in the Personnel Information System, the
  982  Purchasing Subsystem, or the Legislative Appropriations
  983  System/Planning and Budgeting Subsystem.
  984         (2) For purposes of replacing FLAIR and CMS, the Department
  985  of Financial Services shall:
  986         (a) Take into consideration the cost and implementation
  987  data identified for Option 3 as recommended in the March 31,
  988  2014, Florida Department of Financial Services FLAIR Study,
  989  version 031.
  990         (b) Ensure that all business requirements and technical
  991  specifications have been provided to all state agencies for
  992  their review and input and approved by the executive steering
  993  committee established in paragraph (c).
  994         (c) Implement a project governance structure that includes
  995  an executive steering committee composed of:
  996         1. The Chief Financial Officer or the executive sponsor of
  997  the project.
  998         2. A representative of the Division of Treasury of the
  999  Department of Financial Services, appointed by the Chief
 1000  Financial Officer.
 1001         3. A representative of the Division of Information Systems
 1002  of the Department of Financial Services, appointed by the Chief
 1003  Financial Officer.
 1004         4. Four employees from the Division of Accounting and
 1005  Auditing of the Department of Financial Services, appointed by
 1006  the Chief Financial Officer. Each employee must have experience
 1007  relating to at least one of the four main components that
 1008  comprise FLAIR.
 1009         5. Two employees from the Executive Office of the Governor,
 1010  appointed by the Governor. One employee must have experience
 1011  relating to the Legislative Appropriations System/Planning and
 1012  Budgeting Subsystem.
 1013         6. One employee from the Department of Revenue, appointed
 1014  by the executive director, who has experience relating to the
 1015  department’s SUNTAX system.
 1016         7. Two employees from the Department of Management
 1017  Services, appointed by the Secretary of Management Services. One
 1018  employee must have experience relating to the department’s
 1019  personnel information subsystem, and one employee must have
 1020  experience relating to the department’s purchasing subsystem.
 1021         8. Three state agency administrative services directors,
 1022  appointed by the Governor. One director must represent a
 1023  regulatory and licensing state agency, and one director must
 1024  represent a health care-related state agency.
 1025         (3) The Chief Financial Officer or the executive sponsor of
 1026  the project shall serve as chair of the executive steering
 1027  committee, and the committee shall take action by a vote of at
 1028  least eight affirmative votes with the Chief Financial Officer
 1029  or the executive sponsor of the project voting on the prevailing
 1030  side. A quorum of the executive steering committee consists of
 1031  at least 10 members.
 1032         (4) The executive steering committee has the overall
 1033  responsibility for ensuring that the project to replace FLAIR
 1034  and CMS meets its primary business objectives and shall:
 1035         (a) Identify and recommend to the Executive Office of the
 1036  Governor, the President of the Senate, and the Speaker of the
 1037  House of Representatives any statutory changes needed to
 1038  implement the replacement subsystem that will standardize, to
 1039  the fullest extent possible, the state’s financial management
 1040  business processes.
 1041         (b) Review and approve any changes to the project’s scope,
 1042  schedule, and budget which do not conflict with the requirements
 1043  of subsection (1).
 1044         (c) Ensure that adequate resources are provided throughout
 1045  all phases of the project.
 1046         (d) Approve all major project deliverables.
 1047         (e) Approve all solicitation-related documents associated
 1048  with the replacement of FLAIR and CMS.
 1049         (5)This section expires July 1, 2019.
 1050         Section 33. In order to implement Specific Appropriation
 1051  2908 of the 2018-2019 General Appropriations Act, paragraph (b)
 1052  of subsection (11) of section 282.0051, Florida Statutes, is
 1053  amended to read:
 1054         282.0051 Agency for State Technology; powers, duties, and
 1055  functions.—The Agency for State Technology shall have the
 1056  following powers, duties, and functions:
 1057         (11) Provide operational management and oversight of the
 1058  state data center established pursuant to s. 282.201, which
 1059  includes:
 1060         (b) Procuring budget support and customer billing services
 1061  from the department to develop and implement Developing and
 1062  implementing cost-recovery mechanisms that recover the full
 1063  direct and indirect cost of services through charges to
 1064  applicable customer entities. Such cost-recovery mechanisms must
 1065  comply with applicable state and federal regulations concerning
 1066  distribution and use of funds and must ensure that, for any
 1067  fiscal year, no service or customer entity subsidizes another
 1068  service or customer entity.
 1069         Section 34. The amendment made by this act to s.
 1070  282.0051(11)(b), Florida Statutes, expires July 1, 2019, and the
 1071  text of that paragraph shall revert to that in existence on June
 1072  30, 2018, except that any amendments to such text enacted other
 1073  than by this act shall be preserved and continue to operate to
 1074  the extent that such amendments are not dependent upon the
 1075  portions of text which expire pursuant to this section.
 1076         Section 35. In order to implement Specific Appropriations
 1077  1591, 1592, and 1593 of the 2018-2019 General Appropriations
 1078  Act, paragraph (d) of subsection (11) of section 216.181,
 1079  Florida Statutes, is amended to read:
 1080         216.181 Approved budgets for operations and fixed capital
 1081  outlay.—
 1082         (11)
 1083         (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
 1084  for the 2018-2019 2017-2018 fiscal year only, the Legislative
 1085  Budget Commission may increase the amounts appropriated to the
 1086  Fish and Wildlife Conservation Commission or the Department of
 1087  Environmental Protection for fixed capital outlay projects,
 1088  including additional fixed capital outlay projects, using funds
 1089  provided to the state from the Gulf Environmental Benefit Fund
 1090  administered by the National Fish and Wildlife Foundation; funds
 1091  provided to the state from the Gulf Coast Restoration Trust Fund
 1092  related to the Resources and Ecosystems Sustainability, Tourist
 1093  Opportunities, and Revived Economies of the Gulf Coast Act of
 1094  2012 (RESTORE Act); or funds provided by the British Petroleum
 1095  Corporation (BP) for natural resource damage assessment
 1096  restoration projects. Concurrent with submission of an amendment
 1097  to the Legislative Budget Commission pursuant to this paragraph,
 1098  any project that carries a continuing commitment for future
 1099  appropriations by the Legislature must be specifically
 1100  identified, together with the projected amount of the future
 1101  commitment associated with the project and the fiscal years in
 1102  which the commitment is expected to commence. This paragraph
 1103  expires July 1, 2019 2018.
 1104  
 1105  The provisions of this subsection are subject to the notice and
 1106  objection procedures set forth in s. 216.177.
 1107         Section 36. In order to implement specific appropriations
 1108  from the land acquisition trust funds within the Department of
 1109  Agriculture and Consumer Services, the Department of
 1110  Environmental Protection, the Department of State, and the Fish
 1111  and Wildlife Conservation Commission, which are contained in the
 1112  2018-2019 General Appropriations Act, subsection (3) of section
 1113  215.18, Florida Statutes, is amended to read:
 1114         215.18 Transfers between funds; limitation.—
 1115         (3) Notwithstanding subsection (1) and only with respect to
 1116  a land acquisition trust fund in the Department of Agriculture
 1117  and Consumer Services, the Department of Environmental
 1118  Protection, the Department of State, or the Fish and Wildlife
 1119  Conservation Commission, whenever there is a deficiency in a
 1120  land acquisition trust fund which would render that trust fund
 1121  temporarily insufficient to meet its just requirements,
 1122  including the timely payment of appropriations from that trust
 1123  fund, and other trust funds in the State Treasury have moneys
 1124  that are for the time being or otherwise in excess of the
 1125  amounts necessary to meet the just requirements, including
 1126  appropriated obligations, of those other trust funds, the
 1127  Governor may order a temporary transfer of moneys from one or
 1128  more of the other trust funds to a land acquisition trust fund
 1129  in the Department of Agriculture and Consumer Services, the
 1130  Department of Environmental Protection, the Department of State,
 1131  or the Fish and Wildlife Conservation Commission. Any action
 1132  proposed pursuant to this subsection is subject to the notice,
 1133  review, and objection procedures of s. 216.177, and the Governor
 1134  shall provide notice of such action at least 7 days before the
 1135  effective date of the transfer of trust funds, except that
 1136  during July 2018 2017, notice of such action shall be provided
 1137  at least 3 days before the effective date of a transfer unless
 1138  such 3-day notice is waived by the chair and vice-chair of the
 1139  Legislative Budget Commission. Any transfer of trust funds to a
 1140  land acquisition trust fund in the Department of Agriculture and
 1141  Consumer Services, the Department of Environmental Protection,
 1142  the Department of State, or the Fish and Wildlife Conservation
 1143  Commission must be repaid to the trust funds from which the
 1144  moneys were loaned by the end of the 2018-2019 2017-2018 fiscal
 1145  year. The Legislature has determined that the repayment of the
 1146  other trust fund moneys temporarily loaned to a land acquisition
 1147  trust fund in the Department of Agriculture and Consumer
 1148  Services, the Department of Environmental Protection, the
 1149  Department of State, or the Fish and Wildlife Conservation
 1150  Commission pursuant to this subsection is an allowable use of
 1151  the moneys in a land acquisition trust fund because the moneys
 1152  from other trust funds temporarily loaned to a land acquisition
 1153  trust fund shall be expended solely and exclusively in
 1154  accordance with s. 28, Art. X of the State Constitution. This
 1155  subsection expires July 1, 2019 2018.
 1156         Section 37. In order to implement Section 63 of the 2018
 1157  2019 General Appropriations Act, paragraph (b) of subsection (3)
 1158  of section 375.041, Florida Statutes, is amended to read:
 1159         375.041 Land Acquisition Trust Fund.—
 1160         (3) Funds distributed into the Land Acquisition Trust Fund
 1161  pursuant to s. 201.15 shall be applied:
 1162         (b) Of the funds remaining after the payments required
 1163  under paragraph (a), but before funds may be appropriated,
 1164  pledged, or dedicated for other uses:
 1165         1. A minimum of the lesser of 25 percent or $200 million
 1166  shall be appropriated annually for Everglades projects that
 1167  implement the Comprehensive Everglades Restoration Plan as set
 1168  forth in s. 373.470, including the Central Everglades Planning
 1169  Project subject to Congressional authorization; the Long-Term
 1170  Plan as defined in s. 373.4592(2); and the Northern Everglades
 1171  and Estuaries Protection Program as set forth in s. 373.4595.
 1172  From these funds, $32 million shall be distributed each fiscal
 1173  year through the 2023-2024 fiscal year to the South Florida
 1174  Water Management District for the Long-Term Plan as defined in
 1175  s. 373.4592(2). After deducting the $32 million distributed
 1176  under this subparagraph, from the funds remaining, a minimum of
 1177  the lesser of 76.5 percent or $100 million shall be appropriated
 1178  each fiscal year through the 2025-2026 fiscal year for the
 1179  planning, design, engineering, and construction of the
 1180  Comprehensive Everglades Restoration Plan as set forth in s.
 1181  373.470, including the Central Everglades Planning Project, the
 1182  Everglades Agricultural Area Storage Reservoir Project, the Lake
 1183  Okeechobee Watershed Project, the C-43 West Basin Storage
 1184  Reservoir Project, the Indian River Lagoon-South Project, the
 1185  Western Everglades Restoration Project, and the Picayune Strand
 1186  Restoration Project. The Department of Environmental Protection
 1187  and the South Florida Water Management District shall give
 1188  preference to those Everglades restoration projects that reduce
 1189  harmful discharges of water from Lake Okeechobee to the St.
 1190  Lucie or Caloosahatchee estuaries in a timely manner. For the
 1191  purpose of performing the calculation provided in this
 1192  subparagraph, the amount of debt service paid pursuant to
 1193  paragraph (a) for bonds issued after July 1, 2016, for the
 1194  purposes set forth under paragraph (b) shall be added to the
 1195  amount remaining after the payments required under paragraph
 1196  (a). The amount of the distribution calculated shall then be
 1197  reduced by an amount equal to the debt service paid pursuant to
 1198  paragraph (a) on bonds issued after July 1, 2016, for the
 1199  purposes set forth under this subparagraph.
 1200         2. A minimum of the lesser of 7.6 percent or $50 million
 1201  shall be appropriated annually for spring restoration,
 1202  protection, and management projects. For the purpose of
 1203  performing the calculation provided in this subparagraph, the
 1204  amount of debt service paid pursuant to paragraph (a) for bonds
 1205  issued after July 1, 2016, for the purposes set forth under
 1206  paragraph (b) shall be added to the amount remaining after the
 1207  payments required under paragraph (a). The amount of the
 1208  distribution calculated shall then be reduced by an amount equal
 1209  to the debt service paid pursuant to paragraph (a) on bonds
 1210  issued after July 1, 2016, for the purposes set forth under this
 1211  subparagraph.
 1212         3. The sum of $5 million shall be appropriated annually
 1213  each fiscal year through the 2025-2026 fiscal year to the St.
 1214  Johns River Water Management District for projects dedicated to
 1215  the restoration of Lake Apopka. This distribution shall be
 1216  reduced by an amount equal to the debt service paid pursuant to
 1217  paragraph (a) on bonds issued after July 1, 2016, for the
 1218  purposes set forth in this subparagraph.
 1219         4. The sum of $64 million is appropriated and shall be
 1220  transferred to the Everglades Trust Fund for the 2018-2019
 1221  fiscal year, and each fiscal year thereafter, for the EAA
 1222  reservoir project pursuant to s. 373.4598. Any funds remaining
 1223  in any fiscal year shall be made available only for Phase II of
 1224  the C-51 reservoir project or projects identified in
 1225  subparagraph 1. and must be used in accordance with laws
 1226  relating to such projects. Any funds made available for such
 1227  purposes in a fiscal year are in addition to the amount
 1228  appropriated under subparagraph 1. This distribution shall be
 1229  reduced by an amount equal to the debt service paid pursuant to
 1230  paragraph (a) on bonds issued after July 1, 2017, for the
 1231  purposes set forth in this subparagraph.
 1232         5. Notwithstanding subparagraph 3., for the 2018-2019 2017
 1233  2018 fiscal year, funds shall be appropriated as provided in the
 1234  General Appropriations Act. This subparagraph expires July 1,
 1235  2019 2018.
 1236         Section 38. In order to implement Specific Appropriation
 1237  1581 of the 2018-2019 General Appropriations Act, and
 1238  notwithstanding the expiration date contained in section 39 of
 1239  chapter 2017-71, Laws of Florida, paragraph (a) of subsection
 1240  (6) of section 373.470, Florida Statutes, is reenacted to read:
 1241         373.470 Everglades restoration.—
 1242         (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.—
 1243         (a) Except as provided in paragraphs (d) and (e) and for
 1244  funds appropriated for debt service, the department shall
 1245  distribute funds in the Save Our Everglades Trust Fund to the
 1246  district in accordance with a legislative appropriation and s.
 1247  373.026(8)(b). Distribution of funds to the district from the
 1248  Save Our Everglades Trust Fund or the Land Acquisition Trust
 1249  Fund shall be equally matched by the cumulative contributions
 1250  from the district by fiscal year 2019-2020 by providing funding
 1251  or credits toward project components. The dollar value of in
 1252  kind project design and construction work by the district in
 1253  furtherance of the comprehensive plan and existing interest in
 1254  public lands needed for a project component are credits towards
 1255  the district’s contributions.
 1256         Section 39. The amendment to s. 373.470(6)(a), Florida
 1257  Statutes, as carried forward by this act from chapter 2017-71,
 1258  Laws of Florida, expires July 1, 2019, and the text of that
 1259  paragraph shall revert to that in existence on June 30, 2017,
 1260  except that any amendments to such text enacted other than by
 1261  this act shall be preserved and continue to operate to the
 1262  extent that such amendments are not dependent upon the portions
 1263  of text which expire pursuant to this section.
 1264         Section 40. In order to implement Specific Appropriation
 1265  1719 of the 2018-2019 General Appropriations Act, paragraph (e)
 1266  of subsection (11) of section 216.181, Florida Statutes, is
 1267  amended to read:
 1268         216.181 Approved budgets for operations and fixed capital
 1269  outlay.—
 1270         (11)
 1271         (e) Notwithstanding paragraph (b) and paragraph (2)(b), and
 1272  for the 2018-2019 2017-2018 fiscal year only, the Legislative
 1273  Budget Commission may increase the amounts appropriated to the
 1274  Department of Environmental Protection for fixed capital outlay
 1275  projects using funds provided to the state from the
 1276  environmental mitigation trust administered by a trustee
 1277  designated by the United States District Court for the Northern
 1278  District of California for eligible mitigation actions and
 1279  mitigation action expenditures described in the partial consent
 1280  decree entered into between the United States of America and
 1281  Volkswagen relating to violations of the Clean Air Act.
 1282  Concurrent with submission of an amendment to the Legislative
 1283  Budget Commission pursuant to this paragraph, any project that
 1284  carries a continuing commitment for future appropriations by the
 1285  Legislature must be specifically identified, together with the
 1286  projected amount of the future commitment associated with the
 1287  project and the fiscal years in which the commitment is expected
 1288  to commence. This paragraph expires July 1, 2019 2018.
 1289  
 1290  The provisions of this subsection are subject to the notice and
 1291  objection procedures set forth in s. 216.177.
 1292         Section 41. (1) In order to implement specific
 1293  appropriations from the land acquisition trust funds within the
 1294  Department of Agriculture and Consumer Services, the Department
 1295  of Environmental Protection, the Department of State, and the
 1296  Fish and Wildlife Conservation Commission, which are contained
 1297  in the 2018-2019 General Appropriations Act, the Department of
 1298  Environmental Protection shall transfer revenues from the Land
 1299  Acquisition Trust Fund within the department to the land
 1300  acquisition trust funds within the Department of Agriculture and
 1301  Consumer Services, the Department of State, and the Fish and
 1302  Wildlife Conservation Commission, as provided in this section.
 1303  As used in this section, the term “department” means the
 1304  Department of Environmental Protection.
 1305         (2) After subtracting any required debt service payments,
 1306  the proportionate share of revenues to be transferred to each
 1307  land acquisition trust fund shall be calculated by dividing the
 1308  appropriations from each of the land acquisition trust funds for
 1309  the fiscal year by the total appropriations from the Land
 1310  Acquisition Trust Fund within the department and the land
 1311  acquisition trust funds within the Department of Agriculture and
 1312  Consumer Services, the Department of State, and the Fish and
 1313  Wildlife Conservation Commission for the fiscal year. The
 1314  department shall transfer the proportionate share of the
 1315  revenues in the Land Acquisition Trust Fund within the
 1316  department on a monthly basis to the appropriate land
 1317  acquisition trust funds within the Department of Agriculture and
 1318  Consumer Services, the Department of State, and the Fish and
 1319  Wildlife Conservation Commission and shall retain its
 1320  proportionate share of the revenues in the Land Acquisition
 1321  Trust Fund within the department. Total distributions to a land
 1322  acquisition trust fund within the Department of Agriculture and
 1323  Consumer Services, the Department of State, and the Fish and
 1324  Wildlife Conservation Commission may not exceed the total
 1325  appropriations from such trust fund for the fiscal year.
 1326         (3) In addition, the department shall transfer from the
 1327  Land Acquisition Trust Fund to land acquisition trust funds
 1328  within the Department of Agriculture and Consumer Services, the
 1329  Department of State, and the Fish and Wildlife Conservation
 1330  Commission amounts equal to the difference between the amounts
 1331  appropriated in chapter 2017-70, Laws of Florida, to the
 1332  department’s Land Acquisition Trust Fund and the other land
 1333  acquisition trust funds, and the amounts actually transferred
 1334  between those trust funds during the 2017-2018 fiscal year.
 1335         (4) The department may advance funds from the beginning
 1336  unobligated fund balance in the Land Acquisition Trust Fund to
 1337  the Land Acquisition Trust Fund within the Fish and Wildlife
 1338  Conservation Commission needed for cash flow purposes based on a
 1339  detailed expenditure plan. The department shall prorate amounts
 1340  transferred quarterly to the Fish and Wildlife Conservation
 1341  Commission to recoup the amount of funds advanced by June 30,
 1342  2019.
 1343         (5) This section expires July 1, 2019.
 1344         Section 42. In order to implement Specific Appropriations
 1345  1393A, 1393B, 1549, 1549A, 1549B, 1550A, 1681A, 1681B, 1686A,
 1346  and 1802A of the 2018-2019 General Appropriations Act, the
 1347  Department of Environmental Protection shall distribute any
 1348  moneys transferred from the Land Acquisition Trust Fund into the
 1349  Florida Forever Trust Fund using the distribution formula
 1350  specified in s. 259.105(3), Florida Statutes. This section
 1351  expires July 1, 2019.
 1352         Section 43. In order to implement Specific Appropriation
 1353  1686A of the 2018-2019 General Appropriations Act, subsection
 1354  (5) is added to section 375.075, Florida Statutes, to read:
 1355         375.075 Outdoor recreation; financial assistance to local
 1356  governments.—
 1357         (5)(a) For the 2018-2019 fiscal year:
 1358         1. Notwithstanding any other provision of this section, $4
 1359  million of funds for projects must be used exclusively for
 1360  projects that provide recreational enhancements and
 1361  opportunities for children. The department shall conduct a
 1362  separate grant application process exclusively for such
 1363  projects. The department shall establish the schedule for the
 1364  grant application process for projects that provide publicly
 1365  available recreational enhancements and opportunities for
 1366  children and shall award the grants for such projects by
 1367  December 31, 2018, and each year thereafter.
 1368         2. Notwithstanding subsection (3), a local government may
 1369  submit up to three grant applications for projects if at least
 1370  one of those projects provides recreational enhancements and
 1371  opportunities for children. The maximum project grant for each
 1372  project application that provides recreational enhancements and
 1373  opportunities for children may not exceed $250,000 in state
 1374  funds, which the local government must match on a dollar-for
 1375  dollar basis.
 1376         (b) The selection criteria used by the department for grant
 1377  applications submitted pursuant to this subsection must give
 1378  priority to projects geared toward children under the age of 12,
 1379  but which also provide educational opportunities and have
 1380  established safety standards. The department shall give the
 1381  highest priority to those project applications that further
 1382  demonstrate they will serve the needs of children with unique
 1383  abilities and will be accessible and usable to those with
 1384  physical and developmental disabilities. All projects must be
 1385  required to have playground equipment and lighting that is
 1386  adequate for evening use.
 1387         (c) The playground equipment should be designed in a manner
 1388  to serve children under the age of 12 with unique abilities,
 1389  including those with physical and developmental disabilities.
 1390  The criteria must also establish a minimum lot size for such
 1391  project.
 1392         (d) This subsection expires July 1, 2019.
 1393         Section 44. In order to implement Specific Appropriation
 1394  1660 of the 2018-2019 General Appropriations Act, paragraph (r)
 1395  is added to subsection (4) of section 376.3071, Florida
 1396  Statutes, to read:
 1397         376.3071 Inland Protection Trust Fund; creation; purposes;
 1398  funding.—
 1399         (4) USES.—Whenever, in its determination, incidents of
 1400  inland contamination related to the storage of petroleum or
 1401  petroleum products may pose a threat to the public health,
 1402  safety, or welfare, water resources, or the environment, the
 1403  department shall obligate moneys available in the fund to
 1404  provide for:
 1405         (r) Notwithstanding paragraph (j), $10 million is allocated
 1406  for the 2018-2019 fiscal year for the payment of the repair or
 1407  the replacement of, or other preventive measures for, storage
 1408  tanks, piping, or system components. Such costs may include
 1409  equipment, preventive measures, excavation, electrical work,
 1410  site restoration, and maintenance protocols. Owners or operators
 1411  may submit an application for funding on forms developed by the
 1412  department.
 1413         1. The application must include:
 1414         a. An affidavit by a petroleum storage system specialty
 1415  contractor and supporting documentation demonstrating that the
 1416  storage tank system may have been damaged or is subject to
 1417  damage by incompatibility with fuel blended with ethanol or
 1418  biodiesel;
 1419         b. A proposed scope of work and cost; and
 1420         c. For proposals to replace tanks or piping, a statement
 1421  from a certified public accountant which indicates the
 1422  depreciated value of the equipment. The depreciated value is the
 1423  maximum allowable replacement cost. Tanks and piping that are 20
 1424  years old or older are deemed to have no replacement value.
 1425         2. The department must review the application for
 1426  completeness, accuracy, and reasonableness of costs and scope of
 1427  work. Upon approval of an application, the department must issue
 1428  a purchase order to the applicant. The department may not issue
 1429  a purchase order unless funds remain for the current fiscal
 1430  year. The purchase order must include a deductible of 25 percent
 1431  of the total cost. Except for preventative maintenance
 1432  contracts, the specified work must be substantially completed
 1433  within 180 days after the date of issuance of the purchase
 1434  order.
 1435         3. Applications shall be funded on a first-come, first
 1436  served basis. Except for preventative maintenance contracts, the
 1437  specified work must be substantially completed within 180 days
 1438  after the date of issuance of the purchase order. After such
 1439  time, the purchase order is void. An owner or operator may not
 1440  cancel a preventative maintenance contract without cause.
 1441  Following submission of proof to the department that the
 1442  approved scope of work; or, in the case of preventative
 1443  maintenance contracts, the first service event is complete; the
 1444  applicant may request payment. A petroleum storage system owner
 1445  or operator may not receive more than $200,000 per fiscal year
 1446  for any single facility or $500,000 per fiscal year for all the
 1447  facilities it owns or operates.
 1448         4. Owners or operators who have incurred costs for repair,
 1449  replacement, or other preventative measures as described in this
 1450  paragraph from July 1, 2015, through June 30, 2018, may apply to
 1451  request payment for such costs from the department using the
 1452  procedure specified in this paragraph. The department may not
 1453  disburse payments for approved applications for such work until
 1454  all purchase orders for previously approved applications
 1455  submitted after July 1, 2018, have been paid and funds remain
 1456  available for the fiscal year. Such payment is subject to a
 1457  deductible of 25 percent of the approved cost.
 1458         5. Payment may not be provided for:
 1459         a. Any costs for which an application for repair,
 1460  replacement, or preventative measures is not approved in
 1461  accordance with this paragraph;
 1462         b. Proposal costs or costs related to preparation of the
 1463  application and required documentation;
 1464         c. Costs associated with the services of a certified public
 1465  accountant;
 1466         d. Costs associated with storage tanks, piping, or
 1467  ancillary equipment that has been previously repaired or
 1468  replaced with funds that have been paid pursuant to this
 1469  section;
 1470         e. Facilities that are not in compliance with department
 1471  storage tank rules, until the facility has been brought into
 1472  compliance with such rules; or
 1473         f. Costs associated with damage to petroleum storage
 1474  systems caused in whole or in part by causes other than the
 1475  storage of fuels blended with ethanol or biodiesel.
 1476         6. This paragraph does not affect the obligations of
 1477  facility owners or operators or petroleum storage system owners
 1478  or operators to timely comply with department rules regarding
 1479  the maintenance, replacement, and repair of petroleum storage
 1480  systems in order to prevent a release or discharge of
 1481  pollutants. This paragraph does not prevent the department from
 1482  issuing a purchase order in accordance with this paragraph based
 1483  on grounds that work had commenced before the issuance of the
 1484  purchase order.
 1485         7. The department shall ensure that petroleum storage
 1486  systems approved after July 1, 2018, meet applicable standards
 1487  for compatibility for ethanol blends, biodiesel blends, and
 1488  other alternative fuels that are likely to be installed in such
 1489  systems.
 1490         8. This paragraph expires July 1, 2019.
 1491  
 1492  The issuance of a site rehabilitation completion order pursuant
 1493  to subsection (5) or paragraph (12)(b) for contamination
 1494  eligible for programs funded by this section does not alter the
 1495  project’s eligibility for state-funded remediation if the
 1496  department determines that site conditions are not protective of
 1497  human health under actual or proposed circumstances of exposure
 1498  under subsection (5). The Inland Protection Trust Fund may be
 1499  used only to fund the activities in ss. 376.30-376.317 except
 1500  ss. 376.3078 and 376.3079. Amounts on deposit in the fund in
 1501  each fiscal year must first be applied or allocated for the
 1502  payment of amounts payable by the department pursuant to
 1503  paragraph (n) under a service contract entered into by the
 1504  department pursuant to s. 376.3075 and appropriated in each year
 1505  by the Legislature before making or providing for other
 1506  disbursements from the fund. This subsection does not authorize
 1507  the use of the fund for cleanup of contamination caused
 1508  primarily by a discharge of solvents as defined in s.
 1509  206.9925(6), or polychlorinated biphenyls when their presence
 1510  causes them to be hazardous wastes, except solvent contamination
 1511  which is the result of chemical or physical breakdown of
 1512  petroleum products and is otherwise eligible. Facilities used
 1513  primarily for the storage of motor or diesel fuels as defined in
 1514  ss. 206.01 and 206.86 are not excluded from eligibility pursuant
 1515  to this section.
 1516         Section 45. In order to implement Specific Appropriation
 1517  582 of the 2018-2019 General Appropriations Act, section 295.23,
 1518  Florida Statutes, is amended to read:
 1519         295.23 Veterans research and marketing campaign.—
 1520         (1) Florida Is For Veterans, Inc., may request the Florida
 1521  Tourism Industry Marketing Corporation for assistance in the
 1522  following research and marketing activities shall:
 1523         (a) Provide input to Florida Is For Veterans, Inc., on
 1524  Research to identify the target market and the educational and
 1525  employment needs of those in the target market.
 1526         (b) Development and administration of Develop and conduct a
 1527  marketing campaign to encourage retired and recently separated
 1528  military personnel to remain in the state or to make the state
 1529  their permanent residence.
 1530         (c) Development of Develop a process for the dissemination
 1531  of information to the target market and targeting that
 1532  information to the interests and needs of veterans of all ages
 1533  to facilitate veterans’ knowledge of and access to benefits.
 1534         (2) The Florida Tourism Industry Marketing Corporation
 1535  shall seek advice from Florida Is For Veterans, Inc., on the
 1536  scope, process, and focus of the marketing campaign. Input must
 1537  be received before invitations to bid, requests for proposals,
 1538  or invitations to negotiate for contracted services are
 1539  advertised. Florida Is For Veterans, Inc., shall be kept
 1540  informed at each stage of the marketing campaign and may provide
 1541  recommendations to the Florida Tourism Industry Marketing
 1542  Corporation to ensure that the effort effectively reaches
 1543  veterans.
 1544         (2)(3) For the purposes of this section, Florida Is For
 1545  Veterans, Inc., the Florida Tourism Industry Marketing
 1546  Corporation shall expend the amount appropriated in the General
 1547  Appropriations Act $1 million annually on marketing the state to
 1548  veterans as a permanent home and on information dissemination to
 1549  improve veterans’ knowledge of and access to benefits through a
 1550  combination of existing funds appropriated to the Florida
 1551  Tourism Industry Marketing Corporation by the Legislature and
 1552  private funds.
 1553         Section 46. In order to implement Specific Appropriation
 1554  582 of the 2018-2019 General Appropriations Act, paragraphs (a)
 1555  and (b) of subsection (3) of section 295.21, Florida Statutes,
 1556  are amended to read:
 1557         295.21 Florida Is For Veterans, Inc.—
 1558         (3) DUTIES.—The corporation shall:
 1559         (a) Conduct research to identify the target market and the
 1560  educational and employment needs of those in the target market.
 1561  The corporation shall contract with at least one entity pursuant
 1562  to the competitive bidding requirements in s. 287.057 and the
 1563  provisions of s. 295.187 to perform the research. Such entity
 1564  must have experience conducting market research on the veteran
 1565  demographic. The corporation may shall seek input from the
 1566  Florida Tourism Industry Marketing Corporation on the scope,
 1567  process, and focus of such research.
 1568         (b) Develop and implement a marketing campaign for Advise
 1569  the Florida Tourism Industry Marketing Corporation, pursuant to
 1570  s. 295.23, on:
 1571         1. the target market as identified in paragraph (a). The
 1572         2. Development and implementation of a marketing campaign
 1573  must to encourage members of the target market to remain in the
 1574  state or to make the state their permanent residence. The
 1575  corporation must establish
 1576         3. methods for disseminating information to the target
 1577  market that relates to the interests and needs of veterans of
 1578  all ages and facilitates veterans’ knowledge of and access to
 1579  benefits. The corporation may request assistance from the
 1580  Florida Tourism Industry Marketing Corporation pursuant to s.
 1581  295.23.
 1582         Section 47. The amendments made by this act to ss. 295.21
 1583  and 295.23, Florida Statutes, expire July 1, 2019, and the text
 1584  of those sections shall revert to that in existence on June 30,
 1585  2018, except that any amendments to such text enacted other than
 1586  by this act shall be preserved and continue to operate to the
 1587  extent that such amendments are not dependent upon the portions
 1588  of text which expire pursuant to this section.
 1589         Section 48. In order to implement Specific Appropriation
 1590  1855 of the 2018-2019 General Appropriations Act, subsection
 1591  (30) of section 427.013, Florida Statutes, is amended to read:
 1592         427.013 The Commission for the Transportation
 1593  Disadvantaged; purpose and responsibilities.—The purpose of the
 1594  commission is to accomplish the coordination of transportation
 1595  services provided to the transportation disadvantaged. The goal
 1596  of this coordination is to assure the cost-effective provision
 1597  of transportation by qualified community transportation
 1598  coordinators or transportation operators for the transportation
 1599  disadvantaged without any bias or presumption in favor of
 1600  multioperator systems or not-for-profit transportation operators
 1601  over single operator systems or for-profit transportation
 1602  operators. In carrying out this purpose, the commission shall:
 1603         (30) For the 2018-2019 2017-2018 fiscal year and
 1604  notwithstanding any other provision of this section:
 1605         (a) Allocate, from funds provided in the General
 1606  Appropriations Act, to community transportation coordinators who
 1607  operate in counties that are not direct recipients of do not
 1608  receive Urbanized Area Formula funds pursuant to 49 U.S.C. s.
 1609  5307 to provide transportation services for persons with
 1610  disabilities, older adults, and low-income persons so they may
 1611  access health care, employment, education, and other life
 1612  sustaining activities. Funds allocated for this purpose shall be
 1613  distributed among community transportation coordinators based
 1614  upon the Transportation Disadvantaged Trip and Equipment
 1615  allocation methodology established by the commission.
 1616         (b) Award, from funds provided in the General
 1617  Appropriations Act, competitive grants to community
 1618  transportation coordinators to support transportation projects
 1619  to:
 1620         1. Enhance access to health care, shopping, education,
 1621  employment, public services, and recreation;
 1622         2. Assist in the development, improvement, and use of
 1623  transportation systems in nonurbanized areas;
 1624         3. Promote the efficient coordination of services;
 1625         4. Support inner-city bus transportation; and
 1626         5. Encourage private transportation providers to
 1627  participate.
 1628         (c) This subsection expires July 1, 2019 2018.
 1629         Section 49. In order to implement Specific Appropriation
 1630  2296 of the 2018-2019 General Appropriations Act, subsections
 1631  (3) and (5) of section 321.04, Florida Statutes, are amended to
 1632  read:
 1633         321.04 Personnel of the highway patrol; rank
 1634  classifications; probationary status of new patrol officers;
 1635  subsistence; special assignments.—
 1636         (3)(a) The Department of Highway Safety and Motor Vehicles
 1637  shall assign one patrol officer to the office of the Governor;
 1638  said patrol officer so assigned shall be selected by the
 1639  Governor and shall have rank and pay not less than that of a
 1640  lieutenant of the Florida Highway Patrol, and said patrol
 1641  officer so assigned shall be paid by said department from the
 1642  appropriation made to said department; said patrol officer shall
 1643  have and receive all other benefits provided for in this chapter
 1644  or any other statute now in existence or hereinafter enacted.
 1645         (b) For the 2018-2019 2017-2018 fiscal year only, the
 1646  patrol officer shall be assigned to the Lieutenant Governor.
 1647  This paragraph expires July 1, 2019 2018.
 1648         (5) For the 2018-2019 2017-2018 fiscal year only, the
 1649  assignment of a patrol officer by the department shall include a
 1650  Cabinet member specified in s. 4, Art. IV of the State
 1651  Constitution if deemed appropriate by the department or in
 1652  response to a threat and upon written request of such Cabinet
 1653  member. This subsection expires July 1, 2019 2018.
 1654         Section 50. In order to implement Specific Appropriations
 1655  1856 through 1869, 1875 through 1878, 1891 through 1910, and
 1656  1948 through 1959 of the 2018-2019 General Appropriations Act,
 1657  paragraphs (d), (e), and (f) of subsection (5) of section
 1658  339.135, Florida Statutes, are amended to read:
 1659         339.135 Work program; legislative budget request;
 1660  definitions; preparation, adoption, execution, and amendment.—
 1661         (5) ADOPTION OF THE WORK PROGRAM.—
 1662         (d) It is the intent of the Legislature that the department
 1663  maintain fiscal solvency and make prudent use of all available
 1664  fiscal resources to minimize any project, or a phase thereof,
 1665  from being deferred within the work program. It is further the
 1666  intent of the Legislature that the department, to the maximum
 1667  extent feasible, reduce financial projects not programmed for
 1668  contract letting as identified with a work program contract
 1669  class code 8 and the box code RV to add projects to the 2018
 1670  2019 2017-2018 work program which are identified by a specific
 1671  appropriation in the 2018-2019 2017-2018 General Appropriations
 1672  Act. This paragraph expires July 1, 2019 2018.
 1673         (e) For the 2018-2019 2017-2018 fiscal year only, the
 1674  department is authorized to realign budget authority among
 1675  appropriation categories to support the implementation of the
 1676  2018-2019 2017-2018 General Appropriations Act. The notice,
 1677  review, and objection procedures under s. 216.177 apply only
 1678  when projects, or a phase thereof, are not deferred or deleted
 1679  from the work program. The request to realign budget authority
 1680  among work program categories must be supported by documented
 1681  production and financial goals within the parameters of finance,
 1682  available cash, and total authorized budget. This paragraph
 1683  expires July 1, 2019 2018.
 1684         (f) For the 2018-2019 2017-2018 fiscal year only, if the
 1685  department submits a work program amendment to realign work
 1686  program categories to the 2018-2019 2017-2018 General
 1687  Appropriations Act that defers or deletes any project, or a
 1688  phase thereof, the work program amendment is subject to approval
 1689  by the Legislative Budget Commission. The department shall
 1690  provide to the Legislative Budget Commission the documents
 1691  specified in subparagraphs 1.-8. when submitting the
 1692  department’s work program amendment to request approval to
 1693  realign the work program appropriation categories to the 2018
 1694  2019 2017-2018 General Appropriations Act. In addition, any work
 1695  program amendment submitted to the Legislative Budget Commission
 1696  which results in a reduced project commitment level for the
 1697  2018-2019 2017-2018 fiscal year must include the following
 1698  documents:
 1699         1. A proposed finance plan, as balanced to the requested
 1700  work program amendment to realign the work program categories to
 1701  the 2018-2019 2017-2018 General Appropriations Act, or any other
 1702  amendments that reduce work program commitments;
 1703         2. A proposed cash forecast, as balanced to the requested
 1704  work program amendment to realign the work program categories to
 1705  the 2018-2019 2017-2018 General Appropriations Act, or any other
 1706  amendments that reduce work program commitments;
 1707         3. An adopted finance plan, as of July 1, 2018 2017;
 1708         4. An adopted cash forecast, as of July 1, 2018 2017;
 1709         5. A complete list of projects, or phases thereof, deferred
 1710  or deleted from the impact of the projects identified by a
 1711  specific appropriation in the 2018-2019 2017-2018 General
 1712  Appropriations Act for the 2018-2019 2017-2018 through 2022-2023
 1713  2021-2022 work program;
 1714         6. The department’s methodology for identifying projects,
 1715  or phases thereof, for deferral or deletion for the 2018-2019
 1716  2017-2018 through 2022-2023 2021-2022 work program;
 1717         7. A letter of concurrence or nonconcurrence from the
 1718  affected metropolitan planning organization or, for
 1719  nonmetropolitan areas, the board of county commissioners with
 1720  impacted project selections; and
 1721         8. A complete list of financial projects not programmed for
 1722  contract letting as identified with a work program contract
 1723  class code 8 and the box code RV included in fiscal years 2018
 1724  2019 2017-2018 through 2022-2023 2021-2022, as of July 1, 2018
 1725  2017.
 1726  
 1727  This paragraph expires July 1, 2019 2018.
 1728         Section 51. In order to implement the salaries and
 1729  benefits, expenses, other personal services, contracted
 1730  services, special categories, and operating capital outlay
 1731  categories of the 2018-2019 General Appropriations Act,
 1732  paragraph (a) of subsection (2) of section 216.292, Florida
 1733  Statutes, is amended to read:
 1734         216.292 Appropriations nontransferable; exceptions.—
 1735         (2) The following transfers are authorized to be made by
 1736  the head of each department or the Chief Justice of the Supreme
 1737  Court whenever it is deemed necessary by reason of changed
 1738  conditions:
 1739         (a) The transfer of appropriations funded from identical
 1740  funding sources, except appropriations for fixed capital outlay,
 1741  and the transfer of amounts included within the total original
 1742  approved budget and plans of releases of appropriations as
 1743  furnished pursuant to ss. 216.181 and 216.192, as follows:
 1744         1. Between categories of appropriations within a budget
 1745  entity, if no category of appropriation is increased or
 1746  decreased by more than 5 percent of the original approved budget
 1747  or $250,000, whichever is greater, by all action taken under
 1748  this subsection.
 1749         2. Between budget entities within identical categories of
 1750  appropriations, if no category of appropriation is increased or
 1751  decreased by more than 5 percent of the original approved budget
 1752  or $250,000, whichever is greater, by all action taken under
 1753  this subsection.
 1754         3. Any agency exceeding salary rate established pursuant to
 1755  s. 216.181(8) on June 30th of any fiscal year shall not be
 1756  authorized to make transfers pursuant to subparagraphs 1. and 2.
 1757  in the subsequent fiscal year.
 1758         4. Notice of proposed transfers under subparagraphs 1. and
 1759  2. shall be provided to the Executive Office of the Governor and
 1760  the chairs of the legislative appropriations committees at least
 1761  3 days prior to agency implementation in order to provide an
 1762  opportunity for review. The review shall be limited to ensuring
 1763  that the transfer is in compliance with the requirements of this
 1764  paragraph.
 1765         5. For the 2018-2019 2017-2018 fiscal year, the review
 1766  shall ensure that transfers proposed pursuant to this paragraph
 1767  comply with this chapter and are not contrary to legislative
 1768  policy and intent. This subparagraph expires July 1, 2019 2018.
 1769         Section 52. In order to implement the salaries and
 1770  benefits, expenses, other personal services, contracted
 1771  services, special categories, and operating capital outlay
 1772  categories of the 2018-2019 General Appropriations Act,
 1773  subsection (6) of section 112.24, Florida Statutes, is amended
 1774  to read:
 1775         112.24 Intergovernmental interchange of public employees.
 1776  To encourage economical and effective utilization of public
 1777  employees in this state, the temporary assignment of employees
 1778  among agencies of government, both state and local, and
 1779  including school districts and public institutions of higher
 1780  education is authorized under terms and conditions set forth in
 1781  this section. State agencies, municipalities, and political
 1782  subdivisions are authorized to enter into employee interchange
 1783  agreements with other state agencies, the Federal Government,
 1784  another state, a municipality, or a political subdivision
 1785  including a school district, or with a public institution of
 1786  higher education. State agencies are also authorized to enter
 1787  into employee interchange agreements with private institutions
 1788  of higher education and other nonprofit organizations under the
 1789  terms and conditions provided in this section. In addition, the
 1790  Governor or the Governor and Cabinet may enter into employee
 1791  interchange agreements with a state agency, the Federal
 1792  Government, another state, a municipality, or a political
 1793  subdivision including a school district, or with a public
 1794  institution of higher learning to fill, subject to the
 1795  requirements of chapter 20, appointive offices which are within
 1796  the executive branch of government and which are filled by
 1797  appointment by the Governor or the Governor and Cabinet. Under
 1798  no circumstances shall employee interchange agreements be
 1799  utilized for the purpose of assigning individuals to participate
 1800  in political campaigns. Duties and responsibilities of
 1801  interchange employees shall be limited to the mission and goals
 1802  of the agencies of government.
 1803         (6) For the 2018-2019 2017-2018 fiscal year only, the
 1804  assignment of an employee of a state agency as provided in this
 1805  section may be made if recommended by the Governor or Chief
 1806  Justice, as appropriate, and approved by the chairs of the
 1807  legislative appropriations committees. Such actions shall be
 1808  deemed approved if neither chair provides written notice of
 1809  objection within 14 days after receiving notice of the action
 1810  pursuant to s. 216.177. This subsection expires July 1, 2019
 1811  2018.
 1812         Section 53. In order to implement Specific Appropriations
 1813  2670 and 2671 of the 2018-2019 General Appropriations Act, and
 1814  notwithstanding s. 11.13(1), Florida Statutes, the authorized
 1815  salaries for members of the Legislature for the 2018-2019 fiscal
 1816  year shall be set at the same level in effect on July 1, 2010.
 1817  This section expires July 1, 2019.
 1818         Section 54. In order to implement the transfer of funds to
 1819  the General Revenue Fund from trust funds for the 2018-2019
 1820  General Appropriations Act, paragraph (b) of subsection (2) of
 1821  section 215.32, Florida Statutes, is reenacted to read:
 1822         215.32 State funds; segregation.—
 1823         (2) The source and use of each of these funds shall be as
 1824  follows:
 1825         (b)1. The trust funds shall consist of moneys received by
 1826  the state which under law or under trust agreement are
 1827  segregated for a purpose authorized by law. The state agency or
 1828  branch of state government receiving or collecting such moneys
 1829  is responsible for their proper expenditure as provided by law.
 1830  Upon the request of the state agency or branch of state
 1831  government responsible for the administration of the trust fund,
 1832  the Chief Financial Officer may establish accounts within the
 1833  trust fund at a level considered necessary for proper
 1834  accountability. Once an account is established, the Chief
 1835  Financial Officer may authorize payment from that account only
 1836  upon determining that there is sufficient cash and releases at
 1837  the level of the account.
 1838         2. In addition to other trust funds created by law, to the
 1839  extent possible, each agency shall use the following trust funds
 1840  as described in this subparagraph for day-to-day operations:
 1841         a. Operations or operating trust fund, for use as a
 1842  depository for funds to be used for program operations funded by
 1843  program revenues, with the exception of administrative
 1844  activities when the operations or operating trust fund is a
 1845  proprietary fund.
 1846         b. Operations and maintenance trust fund, for use as a
 1847  depository for client services funded by third-party payors.
 1848         c. Administrative trust fund, for use as a depository for
 1849  funds to be used for management activities that are departmental
 1850  in nature and funded by indirect cost earnings and assessments
 1851  against trust funds. Proprietary funds are excluded from the
 1852  requirement of using an administrative trust fund.
 1853         d. Grants and donations trust fund, for use as a depository
 1854  for funds to be used for allowable grant or donor agreement
 1855  activities funded by restricted contractual revenue from private
 1856  and public nonfederal sources.
 1857         e. Agency working capital trust fund, for use as a
 1858  depository for funds to be used pursuant to s. 216.272.
 1859         f. Clearing funds trust fund, for use as a depository for
 1860  funds to account for collections pending distribution to lawful
 1861  recipients.
 1862         g. Federal grant trust fund, for use as a depository for
 1863  funds to be used for allowable grant activities funded by
 1864  restricted program revenues from federal sources.
 1865  
 1866  To the extent possible, each agency must adjust its internal
 1867  accounting to use existing trust funds consistent with the
 1868  requirements of this subparagraph. If an agency does not have
 1869  trust funds listed in this subparagraph and cannot make such
 1870  adjustment, the agency must recommend the creation of the
 1871  necessary trust funds to the Legislature no later than the next
 1872  scheduled review of the agency’s trust funds pursuant to s.
 1873  215.3206.
 1874         3. All such moneys are hereby appropriated to be expended
 1875  in accordance with the law or trust agreement under which they
 1876  were received, subject always to the provisions of chapter 216
 1877  relating to the appropriation of funds and to the applicable
 1878  laws relating to the deposit or expenditure of moneys in the
 1879  State Treasury.
 1880         4.a. Notwithstanding any provision of law restricting the
 1881  use of trust funds to specific purposes, unappropriated cash
 1882  balances from selected trust funds may be authorized by the
 1883  Legislature for transfer to the Budget Stabilization Fund and
 1884  General Revenue Fund in the General Appropriations Act.
 1885         b. This subparagraph does not apply to trust funds required
 1886  by federal programs or mandates; trust funds established for
 1887  bond covenants, indentures, or resolutions whose revenues are
 1888  legally pledged by the state or public body to meet debt service
 1889  or other financial requirements of any debt obligations of the
 1890  state or any public body; the Division of Licensing Trust Fund
 1891  in the Department of Agriculture and Consumer Services; the
 1892  State Transportation Trust Fund; the trust fund containing the
 1893  net annual proceeds from the Florida Education Lotteries; the
 1894  Florida Retirement System Trust Fund; trust funds under the
 1895  management of the State Board of Education or the Board of
 1896  Governors of the State University System, where such trust funds
 1897  are for auxiliary enterprises, self-insurance, and contracts,
 1898  grants, and donations, as those terms are defined by general
 1899  law; trust funds that serve as clearing funds or accounts for
 1900  the Chief Financial Officer or state agencies; trust funds that
 1901  account for assets held by the state in a trustee capacity as an
 1902  agent or fiduciary for individuals, private organizations, or
 1903  other governmental units; and other trust funds authorized by
 1904  the State Constitution.
 1905         Section 55. The amendment to s. 215.32(2)(b), Florida
 1906  Statutes, as carried forward by this act from chapter 2011-47,
 1907  Laws of Florida, expires July 1, 2019, and the text of that
 1908  paragraph shall revert to that in existence on June 30, 2011,
 1909  except that any amendments to such text enacted other than by
 1910  this act and chapter 2011-47, Laws of Florida, shall be
 1911  preserved and continue to operate to the extent that such
 1912  amendments are not dependent upon the portions of text which
 1913  expire pursuant to this section.
 1914         Section 56. In order to implement the appropriation of
 1915  funds in the special categories, contracted services, and
 1916  expenses categories of the 2018-2019 General Appropriations Act,
 1917  a state agency may not enter into a contract containing a
 1918  nondisclosure clause that prohibits the contractor from
 1919  disclosing information relevant to the performance of the
 1920  contract to members or staff of the Senate or the House of
 1921  Representatives. This section expires July 1, 2019.
 1922         Section 57. Any section of this act which implements a
 1923  specific appropriation or specifically identified proviso
 1924  language in the 2018-2019 General Appropriations Act is void if
 1925  the specific appropriation or specifically identified proviso
 1926  language is vetoed. Any section of this act which implements
 1927  more than one specific appropriation or more than one portion of
 1928  specifically identified proviso language in the 2018-2019
 1929  General Appropriations Act is void if all the specific
 1930  appropriations or portions of specifically identified proviso
 1931  language are vetoed.
 1932         Section 58. If any other act passed during the 2018 Regular
 1933  Session of the Legislature contains a provision that is
 1934  substantively the same as a provision in this act, but that
 1935  removes or is otherwise not subject to the future repeal applied
 1936  to such provision by this act, the Legislature intends that the
 1937  provision in the other act takes precedence and continues to
 1938  operate, notwithstanding the future repeal provided by this act.
 1939         Section 59. If any provision of this act or its application
 1940  to any person or circumstance is held invalid, the invalidity
 1941  does not affect other provisions or applications of the act
 1942  which can be given effect without the invalid provision or
 1943  application, and to this end the provisions of this act are
 1944  severable.
 1945         Section 60. Except as otherwise expressly provided in this
 1946  act and except for this section, which shall take effect upon
 1947  this act becoming a law, this act shall take effect July 1,
 1948  2018; or, if this act fails to become a law until after that
 1949  date, it shall take effect upon becoming a law and shall operate
 1950  retroactively to July 1, 2018.
 1951  
 1952  ================= T I T L E  A M E N D M E N T ================
 1953  And the title is amended as follows:
 1954         Delete everything before the enacting clause
 1955  and insert:
 1956                        A bill to be entitled                      
 1957         An act implementing the 2018-2019 General
 1958         Appropriations Act; providing legislative intent;
 1959         incorporating by reference certain calculations of the
 1960         Florida Education Finance Program; providing that
 1961         funds for instructional materials must be released and
 1962         expended as required in specified proviso language;
 1963         amending s. 1002.333, F.S.; specifying that certain
 1964         schools of hope are eligible to receive hope
 1965         supplemental service allocation funds; specifying
 1966         required duties of the State Board of Education for
 1967         the 2017-2018 fiscal year; providing for the future
 1968         expiration and reversion of specified statutory text;
 1969         amending s. 1011.62, F.S.; creating the hope
 1970         supplemental services allocation; providing the
 1971         purpose of the allocation; specifying the services
 1972         that may be funded by the allocation; requiring a plan
 1973         for implementation to be developed and submitted to
 1974         the appropriate governing body before distribution of
 1975         the allocation; providing requirements for
 1976         implementation plans; requiring approved plans to be
 1977         submitted to the Commissioner of Education by a
 1978         specified date; providing for the allocation of funds
 1979         for the 2018-2019 fiscal year; creating the mental
 1980         health assistance allocation; providing the purpose of
 1981         the allocation; providing for the annual allocation of
 1982         such funds on a specified basis; prohibiting the use
 1983         of allocated funds to supplant funds provided from
 1984         other operating funds, to increase salaries, or to
 1985         provide bonuses; providing requirements for school
 1986         districts and charter schools; providing that required
 1987         plans must include certain elements; requiring school
 1988         districts to annually submit approved plans to the
 1989         commissioner by a specified date; creating the funding
 1990         compression allocation; providing the purpose of the
 1991         allocation; authorizing funding for the annual
 1992         allocation for specified purposes; providing the
 1993         calculation for the allocation; amending s. 1012.731,
 1994         F.S.; deleting Florida Best and Brightest Teacher
 1995         Scholarship Program scholarship awards authorized for
 1996         the 2018-2019 school year; incorporating by reference
 1997         certain calculations of the Medicaid Disproportionate
 1998         Share Hospital program; authorizing the Agency for
 1999         Health Care Administration, in consultation with the
 2000         Department of Health, to submit a budget amendment to
 2001         realign funding for a component of the Children’s
 2002         Medical Services program; specifying requirements for
 2003         such realignment; authorizing the agency to request
 2004         nonoperating budget authority for transferring certain
 2005         federal funds to the department; specifying criteria
 2006         to be used by the Agency for Persons with Disabilities
 2007         in the event that an allocation algorithm and
 2008         methodology for the iBudget system is no longer in
 2009         effect; providing for the implementation of any new
 2010         iBudget allocation algorithm and methodology;
 2011         authorizing increased funding for an iBudget under
 2012         certain circumstances; amending s. 409.908, F.S.;
 2013         revising parameters relating to the prospective
 2014         payment methodology for the reimbursement of Medicaid
 2015         providers to be implemented for rate-setting purposes;
 2016         requiring the agency to establish prospective payment
 2017         reimbursement rates for nursing home services as
 2018         provided in this act and in the General Appropriations
 2019         Act; providing for the future expiration and reversion
 2020         of specified statutory text; requiring the Agency for
 2021         Health Care Administration to seek authorization from
 2022         the federal Centers for Medicare and Medicaid Services
 2023         to modify the period of retroactive Medicaid
 2024         eligibility in a manner that ensures that the
 2025         modification becomes effective by a certain date;
 2026         amending s. 409.911, F.S.; updating the average of
 2027         audited disproportionate share data for purposes of
 2028         calculating disproportionate share payments; extending
 2029         for 1 fiscal year the requirement that the Agency for
 2030         Health Care Administration distribute moneys to
 2031         hospitals that provide a disproportionate share of
 2032         Medicaid or charity care services as set forth in the
 2033         General Appropriations Act; amending s. 409.9113,
 2034         F.S.; extending for 1 fiscal year the requirement that
 2035         the Agency for Health Care Administration make
 2036         disproportionate share payments to teaching hospitals
 2037         as set forth in the General Appropriations Act;
 2038         amending s. 409.9119, F.S.; extending for 1 fiscal
 2039         year the requirement that the Agency for Health Care
 2040         Administration make disproportionate share payments to
 2041         certain specialty hospitals for children as set forth
 2042         in the General Appropriations Act; amending s.
 2043         216.262, F.S.; extending for 1 fiscal year the
 2044         authority of the Department of Corrections to submit a
 2045         budget amendment for additional positions and
 2046         appropriations under certain circumstances; amending
 2047         s. 215.18, F.S.; extending for 1 fiscal year the
 2048         authority, and related repayment requirements, for
 2049         temporary trust fund loans to the state court system
 2050         which are sufficient to meet the system’s
 2051         appropriation; authorizing the Department of
 2052         Corrections to submit certain budget amendments to
 2053         transfer funds into the Inmate Health Services
 2054         category; providing that such transfers are subject to
 2055         notice, review, and objection procedures; requiring
 2056         the Department of Juvenile Justice to review county
 2057         juvenile detention payments to ensure that counties
 2058         fulfill specified financial responsibilities;
 2059         requiring amounts owed by a county for such financial
 2060         responsibilities to be deducted from certain county
 2061         funds; requiring the Department of Revenue to transfer
 2062         withheld funds to a specified trust fund; requiring
 2063         the Department of Revenue to ensure that such
 2064         reductions in amounts distributed do not reduce
 2065         distributions below amounts necessary for certain
 2066         payments due on bonds and to comply with bond
 2067         covenants; requiring the Department of Revenue to
 2068         notify the Department of Juvenile Justice if bond
 2069         payment requirements require a reduction in deductions
 2070         for amounts owed by a county; prohibiting the
 2071         Department of Juvenile Justice from providing to
 2072         certain nonfiscally constrained counties
 2073         reimbursements or credits against identified juvenile
 2074         detention center costs under specified circumstances;
 2075         prohibiting a nonfiscally constrained county from
 2076         applying, deducting, or receiving such reimbursements
 2077         or credits; amending s. 27.5304, F.S.; extending for 1
 2078         fiscal year certain limitations on compensation for
 2079         private court-appointed counsel; amending s. 1011.80,
 2080         F.S.; providing that state funds provided for
 2081         postsecondary workforce program operations may be used
 2082         for inmate education if specifically appropriated for
 2083         such purpose; authorizing a Supreme Court Justice to
 2084         designate an alternate facility as his or her official
 2085         headquarters for purposes of travel reimbursement;
 2086         specifying which expenses may be reimbursed to a
 2087         justice; requiring the Chief Justice to coordinate
 2088         with an affected justice and other appropriate
 2089         officials with respect to implementation; providing
 2090         for construction; prohibiting the Supreme Court from
 2091         using state funds to lease space in an alternate
 2092         facility for use as a justice’s official headquarters;
 2093         requiring the Department of Management Services to use
 2094         tenant broker services to renegotiate or reprocure
 2095         certain private lease agreements for office or storage
 2096         space; requiring the Department of Management Services
 2097         to provide a report to the Executive Office of the
 2098         Governor and the Legislature by a specified date;
 2099         specifying the amount of the transaction fee to be
 2100         collected for use of the state’s online procurement
 2101         system; prohibiting an agency from transferring funds
 2102         from a data processing category to another category
 2103         that is not a data processing category; authorizing
 2104         the Executive Office of the Governor to transfer funds
 2105         appropriated in certain appropriation categories
 2106         between departments for specified purposes; requiring
 2107         the Department of Financial Services to replace
 2108         specified components of the Florida Accounting
 2109         Information Resource Subsystem (FLAIR) and the Cash
 2110         Management Subsystem (CMS); specifying certain actions
 2111         to be taken by the Department of Financial Services
 2112         regarding FLAIR and CMS replacement; providing for the
 2113         composition of an executive steering committee to
 2114         oversee FLAIR and CMS replacement; prescribing duties
 2115         and responsibilities of the executive steering
 2116         committee; amending s. 282.0051, F.S.; revising the
 2117         powers, duties, and functions of the Agency for State
 2118         Technology with respect to the operational management
 2119         and oversight of the state data center; providing for
 2120         the future expiration and reversion of specified
 2121         statutory text; amending s. 216.181, F.S.; extending
 2122         for 1 fiscal year the authority for the Legislative
 2123         Budget Commission to increase amounts appropriated to
 2124         the Fish and Wildlife Conservation Commission or the
 2125         Department of Environmental Protection for certain
 2126         fixed capital outlay projects from specified sources;
 2127         amending s. 215.18, F.S.; extending for 1 fiscal year
 2128         the authority of the Governor, if there is a specified
 2129         deficiency in a land acquisition trust fund in the
 2130         Department of Agriculture and Consumer Services, the
 2131         Department of Environmental Protection, the Department
 2132         of State, or the Fish and Wildlife Conservation
 2133         Commission, to transfer funds from other trust funds
 2134         in the State Treasury as a temporary loan to such
 2135         trust fund; providing procedures for the repayment of
 2136         the temporary loan; amending s. 375.041, F.S.;
 2137         specifying that certain funds for projects dedicated
 2138         to restoring Lake Apopka shall be appropriated as
 2139         provided under the General Appropriations Act;
 2140         reenacting s. 373.470(6)(a), F.S., relating to
 2141         Everglades restoration; providing for the future
 2142         expiration and reversion of specified statutory text;
 2143         amending s. 216.181, F.S.; extending for 1 fiscal year
 2144         the authority of the Legislative Budget Commission to
 2145         increase amounts appropriated to the Department of
 2146         Environmental Protection for fixed capital outlay
 2147         projects using specified funds; specifying additional
 2148         information to be included in budget amendments for
 2149         projects requiring additional funding; requiring the
 2150         Department of Environmental Protection to transfer a
 2151         designated proportionate share of the revenues
 2152         deposited in the Land Acquisition Trust Fund within
 2153         the department to land acquisition trust funds in the
 2154         Department of Agriculture and Consumer Services, the
 2155         Department of State, and the Fish and Wildlife
 2156         Conservation Commission, according to specified
 2157         parameters and calculations; defining the term
 2158         “department”; requiring the Department of
 2159         Environmental Protection to retain a proportionate
 2160         share of revenues; specifying a limit on
 2161         distributions; requiring the Department of
 2162         Environmental Protection to make transfers to land
 2163         acquisition trust funds; specifying the method of
 2164         determining transfer amounts; authorizing the
 2165         Department of Environmental Protection to advance
 2166         funds from its land acquisition trust fund to the Fish
 2167         and Wildlife Conservation Commission’s land
 2168         acquisition trust fund for specified purposes;
 2169         requiring the Department of Environmental Protection
 2170         to prorate amounts transferred to the Fish and
 2171         Wildlife Conservation Commission; requiring the
 2172         Department of Environmental Protection to distribute
 2173         moneys transferred from the Land Acquisition Trust
 2174         Fund into the Florida Forever Trust Fund in accordance
 2175         with a specified distribution formula; amending s.
 2176         375.075, F.S.; requiring that a minimum amount of
 2177         funds for the Florida Recreation Development
 2178         Assistance Program be used for projects that provide
 2179         recreational enhancements and opportunities for
 2180         children; requiring the Department of Environmental
 2181         Protection to award grants by a specified date;
 2182         providing limitations with respect to the number of
 2183         grant applications a local government may submit and
 2184         the maximum project grant amount; specifying
 2185         requirements for the selection criteria used by the
 2186         department; amending s. 376.3071, F.S.; allocating a
 2187         specified sum from the Inland Protection Trust Fund
 2188         for the payment of repair, replacement, and
 2189         preventative measure costs for storage tanks, piping,
 2190         or system components; requiring an owner or operator
 2191         to submit an application to the department to receive
 2192         funding; prescribing requirements for such
 2193         application; specifying requirements, restrictions,
 2194         and limitations regarding applications and payments;
 2195         prohibiting payments for specified expenses; providing
 2196         construction; requiring the department to ensure that
 2197         petroleum storage systems approved after a specified
 2198         date meet certain standards; amending s. 295.23, F.S.;
 2199         transferring duties relating to the administration of
 2200         the veterans research and marketing campaign from the
 2201         Florida Tourism Industry Marketing Corporation to
 2202         Florida Is For Veterans, Inc.; revising the annual
 2203         appropriation for the veterans research and marketing
 2204         campaign; amending s. 295.21, F.S.; revising the
 2205         duties of Florida Is For Veterans, Inc., regarding the
 2206         veterans research and marketing campaign to conform to
 2207         changes made by the act; providing for the future
 2208         expiration and reversion of specified statutory text;
 2209         amending s. 427.013, F.S.; extending for 1 fiscal year
 2210         a requirement that the Commission for the
 2211         Transportation Disadvantaged allocate and award
 2212         appropriated funds for specified purposes; amending s.
 2213         321.04, F.S.; extending for 1 fiscal year provisions
 2214         requiring the Department of Highway Safety and Motor
 2215         Vehicles to assign the patrol officer assigned to the
 2216         Office of the Governor to the Lieutenant Governor and
 2217         to assign a patrol officer to a Cabinet member under
 2218         certain circumstances; amending s. 339.135, F.S.;
 2219         extending for 1 fiscal year provisions authorizing the
 2220         Department of Transportation to realign budget
 2221         authority to carry out the department’s work program;
 2222         amending s. 216.292, F.S.; extending for 1 fiscal year
 2223         a provision that requires a review of certain
 2224         transfers of appropriations to ensure compliance with
 2225         ch. 216, F.S., and that such transfers are not
 2226         contrary to legislative policy and intent; amending s.
 2227         112.24, F.S.; extending for 1 fiscal year the
 2228         authorization, subject to specified requirements, for
 2229         the assignment of an employee of a state agency under
 2230         an employee interchange agreement; providing that the
 2231         annual salaries of the members of the Legislature
 2232         shall be maintained at a specified level; reenacting
 2233         s. 215.32(2)(b), F.S., relating to the source and use
 2234         of certain trust funds; providing for the future
 2235         expiration and reversion of specified statutory text;
 2236         prohibiting state agencies from entering into
 2237         contracts containing certain nondisclosure agreements;
 2238         providing conditions under which the veto of certain
 2239         appropriations or proviso language in the General
 2240         Appropriations Act voids language that implements such
 2241         appropriations; providing for the continued operation
 2242         of certain provisions notwithstanding a future repeal
 2243         or expiration provided by the act; providing
 2244         severability; providing effective dates.