Florida Senate - 2019             CONFERENCE COMMITTEE AMENDMENT
       Bill No. SB 2502, 1st Eng.
       
       
       
       
       
       
                                Ì326660$Î326660                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .           Floor: AD            
             05/03/2019 03:07 PM       .      05/04/2019 01:36 PM       
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       The Conference Committee on SB 2502, 1st Eng. recommended the
       following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. It is the intent of the Legislature that the
    7  implementing and administering provisions of this act apply to
    8  the General Appropriations Act for the 2019-2020 fiscal year.
    9         Section 2. In order to implement Specific Appropriations 6,
   10  7, 8, 93, and 94 of the 2019-2020 General Appropriations Act,
   11  the calculations of the Florida Education Finance Program for
   12  the 2019-2020 fiscal year included in the document titled
   13  “Public School Funding: The Florida Education Finance Program,”
   14  dated May 1, 2019, and filed with the Secretary of the Senate,
   15  are incorporated by reference for the purpose of displaying the
   16  calculations used by the Legislature, consistent with the
   17  requirements of state law, in making appropriations for the
   18  Florida Education Finance Program. This section expires July 1,
   19  2020.
   20         Section 3. In order to implement Specific Appropriations 6
   21  and 93 of the 2019-2020 General Appropriations Act, and
   22  notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
   23  1011.62(6)(b)3., and 1011.67, Florida Statutes, relating to the
   24  expenditure of funds provided for instructional materials, for
   25  the 2019-2020 fiscal year, funds provided for instructional
   26  materials shall be released and expended as required in the
   27  proviso language for Specific Appropriation 93 of the 2019-2020
   28  General Appropriations Act. This section expires July 1, 2020.
   29         Section 4. Effective July 1, 2019, upon the expiration and
   30  reversion of the amendment made to section 1009.215, Florida
   31  Statutes, pursuant to section 13 of chapter 2018-10, Laws of
   32  Florida, and in order to implement Specific Appropriation 4 of
   33  the 2019-2020 General Appropriations Act, subsection (3) of
   34  section 1009.215, Florida Statutes, is amended to read:
   35         1009.215 Student enrollment pilot program for the spring
   36  and summer terms.—
   37         (3) Students who are enrolled in the pilot program and who
   38  are eligible to receive Bright Futures Scholarships under ss.
   39  1009.53-1009.536 are shall be eligible to receive the
   40  scholarship award for attendance during the spring and summer
   41  terms. This student cohort is also eligible to receive Bright
   42  Futures Scholarships during the fall term, which may be used for
   43  off-campus or online coursework, if Bright Futures Scholarship
   44  funding is provided by the Legislature for three terms for other
   45  eligible students during that academic year no more than 2
   46  semesters or the equivalent in any fiscal year, including the
   47  summer term.
   48         Section 5. The amendment to s. 1009.215(3), Florida
   49  Statutes, by this act expires July 1, 2020, and the text of that
   50  subsection shall revert to that in existence on June 30, 2018,
   51  except that any amendments to such text enacted other than by
   52  this act shall be preserved and continue to operate to the
   53  extent that such amendments are not dependent upon the portions
   54  of text which expire pursuant to this section.
   55         Section 6. In order to implement Specific Appropriations 6
   56  and 93 of the 2019-2020 General Appropriations Act, subsection
   57  (17) of section 1011.62, Florida Statutes, is amended to read:
   58         1011.62 Funds for operation of schools.—If the annual
   59  allocation from the Florida Education Finance Program to each
   60  district for operation of schools is not determined in the
   61  annual appropriations act or the substantive bill implementing
   62  the annual appropriations act, it shall be determined as
   63  follows:
   64         (17) FUNDING COMPRESSION ALLOCATION.—The Legislature may
   65  provide an annual funding compression allocation in the General
   66  Appropriations Act. The allocation is created to provide
   67  additional funding to school districts and developmental
   68  research schools whose total funds per FTE in the prior year
   69  were less than the statewide average. Using the most recent
   70  prior year FEFP calculation for each eligible school district,
   71  the total funds per FTE shall be subtracted from the state
   72  average funds per FTE, not including any adjustments made
   73  pursuant to paragraph (18)(b). The resulting funds per FTE
   74  difference, or a portion thereof, as designated in the General
   75  Appropriations Act, shall then be multiplied by the school
   76  district’s total unweighted FTE to provide the allocation. If
   77  the calculated funds are greater than the amount included in the
   78  General Appropriations Act, they must be prorated to the
   79  appropriation amount based on each participating school
   80  district’s share. This subsection expires July 1, 2020 2019.
   81         Section 7. In order to implement Specific Appropriation 122
   82  of the 2019-2020 General Appropriations Act, and notwithstanding
   83  the expiration date in section 6 of chapter 2018-10, Laws of
   84  Florida, subsection (1) of section 1001.26, Florida Statutes, is
   85  reenacted to read:
   86         1001.26 Public broadcasting program system.—
   87         (1) There is created a public broadcasting program system
   88  for the state. The department shall provide funds, as
   89  specifically appropriated in the General Appropriations Act, to
   90  educational television stations qualified by the Corporation for
   91  Public Broadcasting or public colleges and universities that are
   92  part of the public broadcasting program system. The program
   93  system must include:
   94         (a) Support for existing Corporation for Public
   95  Broadcasting qualified program system educational television
   96  stations.
   97         (b) Maintenance of quality broadcast capability for
   98  educational stations that are part of the program system.
   99         (c) Interconnection of all educational stations that are
  100  part of the program system for simultaneous broadcast and of
  101  such stations with all universities and other institutions as
  102  necessary for sharing of resources and delivery of programming.
  103         (d) Establishment and maintenance of a capability for
  104  statewide program distribution with facilities and staff,
  105  provided such facilities and staff complement and strengthen
  106  existing educational television stations.
  107         (e) Provision of both statewide programming funds and
  108  station programming support for educational television to meet
  109  statewide priorities. Priorities for station programming need
  110  not be the same as priorities for programming to be used
  111  statewide. Station programming may include, but shall not be
  112  limited to, citizens’ participation programs, music and fine
  113  arts programs, coverage of public hearings and governmental
  114  meetings, equal air time for political candidates, and other
  115  public interest programming.
  116         Section 8. The text of s. 1001.26(1), Florida Statutes, as
  117  carried forward from chapter 2018-10, Laws of Florida, by this
  118  act, expires July 1, 2020, and the text of that subsection shall
  119  revert to that in existence on June 30, 2018, except that any
  120  amendments enacted other than by this act shall be preserved and
  121  continue to operate to the extent that such amendments are not
  122  dependent upon the portions of text which expire pursuant to
  123  this section.
  124         Section 9. In order to implement Specific Appropriation 123
  125  of the 2019-2020 General Appropriations Act, paragraph (b) of
  126  subsection (6) of section 1011.80, Florida Statutes, is amended
  127  to read:
  128         1011.80 Funds for operation of workforce education
  129  programs.—
  130         (6)
  131         (b) Performance funding for industry certifications for
  132  school district workforce education programs is contingent upon
  133  specific appropriation in the General Appropriations Act and
  134  shall be determined as follows:
  135         1. Occupational areas for which industry certifications may
  136  be earned, as established in the General Appropriations Act, are
  137  eligible for performance funding. Priority shall be given to the
  138  occupational areas emphasized in state, national, or corporate
  139  grants provided to Florida educational institutions.
  140         2. The Chancellor of Career and Adult Education shall
  141  identify the industry certifications eligible for funding on the
  142  CAPE Postsecondary Industry Certification Funding List approved
  143  by the State Board of Education pursuant to s. 1008.44, based on
  144  the occupational areas specified in the General Appropriations
  145  Act.
  146         3. Each school district shall be provided $1,000 for each
  147  industry certification earned by a workforce education student.
  148  The maximum amount of funding appropriated for performance
  149  funding pursuant to this paragraph shall be limited to $15
  150  million annually. If funds are insufficient to fully fund the
  151  calculated total award, such funds shall be prorated.
  152         Section 10. In order to implement Specific Appropriation
  153  128 of the 2019-2020 General Appropriations Act, paragraph (c)
  154  of subsection (2) of section 1011.81, Florida Statutes, is
  155  amended to read:
  156         1011.81 Florida College System Program Fund.—
  157         (2) Performance funding for industry certifications for
  158  Florida College System institutions is contingent upon specific
  159  appropriation in the General Appropriations Act and shall be
  160  determined as follows:
  161         (c) Each Florida College System institution shall be
  162  provided $1,000 for each industry certification earned by a
  163  student. The maximum amount of funding appropriated for
  164  performance funding pursuant to this subsection shall be limited
  165  to $15 million annually. If funds are insufficient to fully fund
  166  the calculated total award, such funds shall be prorated.
  167         Section 11. The amendments to s. 1011.80(6)(b) and s.
  168  1011.81(2)(c), Florida Statutes, by this act expire July 1,
  169  2020, and the text of those paragraphs shall revert to that in
  170  existence on June 30, 2019, except that any amendments to such
  171  text enacted other than by this act shall be preserved and
  172  continue to operate to the extent that such amendments are not
  173  dependent upon the portions of text which expire pursuant to
  174  this section.
  175         Section 12. Effective upon becoming a law, in order to
  176  implement Specific Appropriations 6 and 93 of the 2019-2020
  177  General Appropriations Act, notwithstanding the requirements of
  178  s. 1002.37(2), Florida Statutes, the State Board of Education
  179  shall serve as the board of trustees of the Florida Virtual
  180  School established pursuant to s. 1002.37, Florida Statutes.
  181         (1) The State Board of Education sitting as the board of
  182  trustees of the Florida Virtual School shall appoint an
  183  executive director, who will report directly to the Commissioner
  184  of Education. In this capacity, the board may only take actions
  185  to conserve and maintain the Florida Virtual School by ensuring
  186  the execution of programs, contracts, services, and agreements
  187  in place on or before May 1, 2019. The board may extend or renew
  188  contracts as necessary to maintain and operate existing programs
  189  and services. In addition, the board shall administer personnel
  190  programs for all employees of the Florida Virtual School in
  191  accordance with s. 1002.37(2)(f), Florida Statutes.
  192         (2) The executive director shall, within existing
  193  resources, competitively award a contract for an independent
  194  third-party consulting firm to conduct financial, operational,
  195  or performance audits, as defined by s. 11.45, Florida Statutes,
  196  of the Florida Virtual School in accordance with generally
  197  accepted government auditing standards. The Office of the
  198  Inspector General of the Department of Education shall oversee
  199  the audit. The consulting firm shall submit the results of the
  200  audit along with recommendations in accordance with s. 1002.37,
  201  Florida Statutes, to the Commissioner of Education by October 1,
  202  2019. The Department of Education shall provide recommendations
  203  regarding the governance, operation, and organization of the
  204  Florida Virtual School to the Governor, the President of the
  205  Senate, and the Speaker of the House of Representatives by
  206  November 1, 2019.
  207         (3) This section expires July 1, 2020.
  208         Section 13. In order to implement Specific Appropriations
  209  2753 and 2754 of the 2019-2020 General Appropriations Act, the
  210  Office of Economic and Demographic Research shall develop a
  211  methodology for calculating each school district’s wage level
  212  index using appropriate county-level and occupational-level wage
  213  data. In developing the methodology, the office shall seek the
  214  input from a broad range of stakeholders, including but not
  215  limited to, school districts and the Department of Economic
  216  Opportunity, to identify the key factors that result in cost
  217  differences among counties and their relative magnitude. To the
  218  maximum extent feasible, the office shall develop a methodology
  219  for calculating each school district’s wage level index that
  220  minimizes the effects of temporary disruptions in the data due
  221  to adverse events or disturbances. The office shall compare the
  222  district-level impact of each school district’s wage level index
  223  as calculated by the office versus the Florida Price Level Index
  224  used for each school district for the 2019-2020 fiscal year
  225  district cost differential and provide a transition plan that
  226  minimizes any negative impacts for beginning with the 2020-2021
  227  fiscal year using the wage level index as calculated by the
  228  office. The office shall submit the transition plan to the
  229  President of the Senate, the Speaker of the House of
  230  Representatives, and the Governor by October 1, 2019. The
  231  implementation of the transition plan may not occur unless
  232  affirmatively enacted by the Legislature. This section expires
  233  July 1, 2020.
  234         Section 14. In order to implement Specific Appropriations
  235  203, 204, 207, and 211 of the 2019-2020 General Appropriations
  236  Act, the calculations for the Medicaid Disproportionate Share
  237  Hospital and Hospital Reimbursement programs for the 2019-2020
  238  fiscal year contained in the document titled “Medicaid
  239  Disproportionate Share Hospital and Hospital Reimbursement
  240  Programs, Fiscal Year 2019-2020,” dated May 1, 2019, and filed
  241  with the Secretary of the Senate, are incorporated by reference
  242  for the purpose of displaying the calculations used by the
  243  Legislature, consistent with the requirements of state law, in
  244  making appropriations for the Medicaid Disproportionate Share
  245  Hospital and Hospital Reimbursement programs. This section
  246  expires July 1, 2020.
  247         Section 15. In order to implement Specific Appropriations
  248  197 through 224 and 523 of the 2019-2020 General Appropriations
  249  Act, and notwithstanding ss. 216.181 and 216.292, Florida
  250  Statutes, the Agency for Health Care Administration, in
  251  consultation with the Department of Health, may submit a budget
  252  amendment, subject to the notice, review, and objection
  253  procedures of s. 216.177, Florida Statutes, to realign funding
  254  within and between agencies based on implementation of the
  255  Managed Medical Assistance component of the Statewide Medicaid
  256  Managed Care program for the Children’s Medical Services program
  257  of the Department of Health. The funding realignment shall
  258  reflect the actual enrollment changes due to the transfer of
  259  beneficiaries from fee-for-service to the capitated Children’s
  260  Medical Services Network. The Agency for Health Care
  261  Administration may submit a request for nonoperating budget
  262  authority to transfer the federal funds to the Department of
  263  Health pursuant to s. 216.181(12), Florida Statutes. This
  264  section expires July 1, 2020.
  265         Section 16. Effective October 1, 2019, in order to
  266  implement Specific Appropriations 221 and 222 of the 2019-2020
  267  General Appropriations Act, subsection (2) of section 409.908,
  268  Florida Statutes, as amended by section 19 of chapter 2018-10,
  269  Laws of Florida, is amended to read:
  270         409.908 Reimbursement of Medicaid providers.—Subject to
  271  specific appropriations, the agency shall reimburse Medicaid
  272  providers, in accordance with state and federal law, according
  273  to methodologies set forth in the rules of the agency and in
  274  policy manuals and handbooks incorporated by reference therein.
  275  These methodologies may include fee schedules, reimbursement
  276  methods based on cost reporting, negotiated fees, competitive
  277  bidding pursuant to s. 287.057, and other mechanisms the agency
  278  considers efficient and effective for purchasing services or
  279  goods on behalf of recipients. If a provider is reimbursed based
  280  on cost reporting and submits a cost report late and that cost
  281  report would have been used to set a lower reimbursement rate
  282  for a rate semester, then the provider’s rate for that semester
  283  shall be retroactively calculated using the new cost report, and
  284  full payment at the recalculated rate shall be effected
  285  retroactively. Medicare-granted extensions for filing cost
  286  reports, if applicable, shall also apply to Medicaid cost
  287  reports. Payment for Medicaid compensable services made on
  288  behalf of Medicaid eligible persons is subject to the
  289  availability of moneys and any limitations or directions
  290  provided for in the General Appropriations Act or chapter 216.
  291  Further, nothing in this section shall be construed to prevent
  292  or limit the agency from adjusting fees, reimbursement rates,
  293  lengths of stay, number of visits, or number of services, or
  294  making any other adjustments necessary to comply with the
  295  availability of moneys and any limitations or directions
  296  provided for in the General Appropriations Act, provided the
  297  adjustment is consistent with legislative intent.
  298         (2)(a)1. Reimbursement to nursing homes licensed under part
  299  II of chapter 400 and state-owned-and-operated intermediate care
  300  facilities for the developmentally disabled licensed under part
  301  VIII of chapter 400 must be made prospectively.
  302         2. Unless otherwise limited or directed in the General
  303  Appropriations Act, reimbursement to hospitals licensed under
  304  part I of chapter 395 for the provision of swing-bed nursing
  305  home services must be made on the basis of the average statewide
  306  nursing home payment, and reimbursement to a hospital licensed
  307  under part I of chapter 395 for the provision of skilled nursing
  308  services must be made on the basis of the average nursing home
  309  payment for those services in the county in which the hospital
  310  is located. When a hospital is located in a county that does not
  311  have any community nursing homes, reimbursement shall be
  312  determined by averaging the nursing home payments in counties
  313  that surround the county in which the hospital is located.
  314  Reimbursement to hospitals, including Medicaid payment of
  315  Medicare copayments, for skilled nursing services shall be
  316  limited to 30 days, unless a prior authorization has been
  317  obtained from the agency. Medicaid reimbursement may be extended
  318  by the agency beyond 30 days, and approval must be based upon
  319  verification by the patient’s physician that the patient
  320  requires short-term rehabilitative and recuperative services
  321  only, in which case an extension of no more than 15 days may be
  322  approved. Reimbursement to a hospital licensed under part I of
  323  chapter 395 for the temporary provision of skilled nursing
  324  services to nursing home residents who have been displaced as
  325  the result of a natural disaster or other emergency may not
  326  exceed the average county nursing home payment for those
  327  services in the county in which the hospital is located and is
  328  limited to the period of time which the agency considers
  329  necessary for continued placement of the nursing home residents
  330  in the hospital.
  331         (b) Subject to any limitations or directions in the General
  332  Appropriations Act, the agency shall establish and implement a
  333  state Title XIX Long-Term Care Reimbursement Plan for nursing
  334  home care in order to provide care and services in conformance
  335  with the applicable state and federal laws, rules, regulations,
  336  and quality and safety standards and to ensure that individuals
  337  eligible for medical assistance have reasonable geographic
  338  access to such care.
  339         1. The agency shall amend the long-term care reimbursement
  340  plan and cost reporting system to create direct care and
  341  indirect care subcomponents of the patient care component of the
  342  per diem rate. These two subcomponents together shall equal the
  343  patient care component of the per diem rate. Separate prices
  344  shall be calculated for each patient care subcomponent,
  345  initially based on the September 2016 rate setting cost reports
  346  and subsequently based on the most recently audited cost report
  347  used during a rebasing year. The direct care subcomponent of the
  348  per diem rate for any providers still being reimbursed on a cost
  349  basis shall be limited by the cost-based class ceiling, and the
  350  indirect care subcomponent may be limited by the lower of the
  351  cost-based class ceiling, the target rate class ceiling, or the
  352  individual provider target. The ceilings and targets apply only
  353  to providers being reimbursed on a cost-based system. Effective
  354  October 1, 2018, a prospective payment methodology shall be
  355  implemented for rate setting purposes with the following
  356  parameters:
  357         a. Peer Groups, including:
  358         (I) North-SMMC Regions 1-9, less Palm Beach and Okeechobee
  359  Counties; and
  360         (II) South-SMMC Regions 10-11, plus Palm Beach and
  361  Okeechobee Counties.
  362         b. Percentage of Median Costs based on the cost reports
  363  used for September 2016 rate setting:
  364         (I) Direct Care Costs........................100 percent.
  365         (II) Indirect Care Costs......................92 percent.
  366         (III) Operating Costs.........................86 percent.
  367         c. Floors:
  368         (I) Direct Care Component.....................95 percent.
  369         (II) Indirect Care Component................92.5 percent.
  370         (III) Operating Component...........................None.
  371         d. Pass-through PaymentsReal Estate and Personal Property
  372  ...................................Taxes and Property Insurance.
  373         e. Quality Incentive Program Payment Pool6.5 6 percent of
  374  September
  375  ......2016 non-property related payments of included facilities.
  376         f. Quality Score Threshold to Quality for Quality Incentive
  377  Payment..................20th percentile of included facilities.
  378         g. Fair Rental Value System Payment Parameters:
  379         (I) Building Value per Square Foot based on 2018 RS Means.
  380         (II) Land Valuation...10 percent of Gross Building value.
  381         (III) Facility Square Footage......Actual Square Footage.
  382         (IV) Moveable Equipment Allowance.........$8,000 per bed.
  383         (V) Obsolescence Factor......................1.5 percent.
  384         (VI) Fair Rental Rate of Return................8 percent.
  385         (VII) Minimum Occupancy.......................90 percent.
  386         (VIII) Maximum Facility Age.....................40 years.
  387         (IX) Minimum Square Footage per Bed..................350.
  388         (X) Maximum Square Footage for Bed...................500.
  389         (XI) Minimum Cost of a renovation/replacements$500 per bed.
  390         h. Ventilator Supplemental payment of $200 per Medicaid day
  391  of 40,000 ventilator Medicaid days per fiscal year.
  392         2. The direct care subcomponent shall include salaries and
  393  benefits of direct care staff providing nursing services
  394  including registered nurses, licensed practical nurses, and
  395  certified nursing assistants who deliver care directly to
  396  residents in the nursing home facility, allowable therapy costs,
  397  and dietary costs. This excludes nursing administration, staff
  398  development, the staffing coordinator, and the administrative
  399  portion of the minimum data set and care plan coordinators. The
  400  direct care subcomponent also includes medically necessary
  401  dental care, vision care, hearing care, and podiatric care.
  402         3. All other patient care costs shall be included in the
  403  indirect care cost subcomponent of the patient care per diem
  404  rate, including complex medical equipment, medical supplies, and
  405  other allowable ancillary costs. Costs may not be allocated
  406  directly or indirectly to the direct care subcomponent from a
  407  home office or management company.
  408         4. On July 1 of each year, the agency shall report to the
  409  Legislature direct and indirect care costs, including average
  410  direct and indirect care costs per resident per facility and
  411  direct care and indirect care salaries and benefits per category
  412  of staff member per facility.
  413         5. Every fourth year, the agency shall rebase nursing home
  414  prospective payment rates to reflect changes in cost based on
  415  the most recently audited cost report for each participating
  416  provider.
  417         6. A direct care supplemental payment may be made to
  418  providers whose direct care hours per patient day are above the
  419  80th percentile and who provide Medicaid services to a larger
  420  percentage of Medicaid patients than the state average.
  421         7. For the period beginning on October 1, 2018, and ending
  422  on September 30, 2021, the agency shall reimburse providers the
  423  greater of their September 2016 cost-based rate or their
  424  prospective payment rate. Effective October 1, 2021, the agency
  425  shall reimburse providers the greater of 95 percent of their
  426  cost-based rate or their rebased prospective payment rate, using
  427  the most recently audited cost report for each facility. This
  428  subparagraph shall expire September 30, 2023.
  429         8. Pediatric, Florida Department of Veterans Affairs, and
  430  government-owned facilities are exempt from the pricing model
  431  established in this subsection and shall remain on a cost-based
  432  prospective payment system. Effective October 1, 2018, the
  433  agency shall set rates for all facilities remaining on a cost
  434  based prospective payment system using each facility’s most
  435  recently audited cost report, eliminating retroactive
  436  settlements.
  437  
  438  It is the intent of the Legislature that the reimbursement plan
  439  achieve the goal of providing access to health care for nursing
  440  home residents who require large amounts of care while
  441  encouraging diversion services as an alternative to nursing home
  442  care for residents who can be served within the community. The
  443  agency shall base the establishment of any maximum rate of
  444  payment, whether overall or component, on the available moneys
  445  as provided for in the General Appropriations Act. The agency
  446  may base the maximum rate of payment on the results of
  447  scientifically valid analysis and conclusions derived from
  448  objective statistical data pertinent to the particular maximum
  449  rate of payment.
  450         Section 17. The amendment made by this act to s.
  451  409.908(2), Florida Statutes, by this act expires July 1, 2020,
  452  and the text of that subsection shall revert to that in
  453  existence on July 1, 2019, except that any amendments to such
  454  text enacted other than by this act shall be preserved and
  455  continue to operate to the extent that such amendments are not
  456  dependent upon the portions of text which expire pursuant to
  457  this section.
  458         Section 18. In order to implement Specific Appropriations
  459  221 and 222 of the 2019-2020 General Appropriations Act, and
  460  notwithstanding the expiration date in section 19 of chapter
  461  2018-10, Laws of Florida, subsection (23) of section 409.908,
  462  Florida Statutes, is reenacted to read:
  463         409.908 Reimbursement of Medicaid providers.—Subject to
  464  specific appropriations, the agency shall reimburse Medicaid
  465  providers, in accordance with state and federal law, according
  466  to methodologies set forth in the rules of the agency and in
  467  policy manuals and handbooks incorporated by reference therein.
  468  These methodologies may include fee schedules, reimbursement
  469  methods based on cost reporting, negotiated fees, competitive
  470  bidding pursuant to s. 287.057, and other mechanisms the agency
  471  considers efficient and effective for purchasing services or
  472  goods on behalf of recipients. If a provider is reimbursed based
  473  on cost reporting and submits a cost report late and that cost
  474  report would have been used to set a lower reimbursement rate
  475  for a rate semester, then the provider’s rate for that semester
  476  shall be retroactively calculated using the new cost report, and
  477  full payment at the recalculated rate shall be effected
  478  retroactively. Medicare-granted extensions for filing cost
  479  reports, if applicable, shall also apply to Medicaid cost
  480  reports. Payment for Medicaid compensable services made on
  481  behalf of Medicaid eligible persons is subject to the
  482  availability of moneys and any limitations or directions
  483  provided for in the General Appropriations Act or chapter 216.
  484  Further, nothing in this section shall be construed to prevent
  485  or limit the agency from adjusting fees, reimbursement rates,
  486  lengths of stay, number of visits, or number of services, or
  487  making any other adjustments necessary to comply with the
  488  availability of moneys and any limitations or directions
  489  provided for in the General Appropriations Act, provided the
  490  adjustment is consistent with legislative intent.
  491         (23)(a) The agency shall establish rates at a level that
  492  ensures no increase in statewide expenditures resulting from a
  493  change in unit costs for county health departments effective
  494  July 1, 2011. Reimbursement rates shall be as provided in the
  495  General Appropriations Act.
  496         (b)1. Base rate reimbursement for inpatient services under
  497  a diagnosis-related group payment methodology shall be provided
  498  in the General Appropriations Act.
  499         2. Base rate reimbursement for outpatient services under an
  500  enhanced ambulatory payment group methodology shall be provided
  501  in the General Appropriations Act.
  502         3. Prospective payment system reimbursement for nursing
  503  home services shall be as provided in subsection (2) and in the
  504  General Appropriations Act.
  505         Section 19. The text of s. 409.908(23), Florida Statutes,
  506  as carried forward from chapter 2018-10, Laws of Florida, by
  507  this act, expires July 1, 2020, and the text of that subsection
  508  shall revert to that in existence on October 1, 2018, not
  509  including any amendments made by chapter 2018-10, Laws of
  510  Florida, except that any amendments to such text enacted other
  511  than by this act and chapter 2018-10, Laws of Florida, shall be
  512  preserved and continue to operate to the extent that such
  513  amendments are not dependent upon the portions of text which
  514  expire pursuant to this section.
  515         Section 20. In order to implement Specific Appropriation
  516  205 of the 2019-2020 General Appropriations Act, subsection (26)
  517  of section 409.908, Florida Statutes, is amended to read:
  518         409.908 Reimbursement of Medicaid providers.—Subject to
  519  specific appropriations, the agency shall reimburse Medicaid
  520  providers, in accordance with state and federal law, according
  521  to methodologies set forth in the rules of the agency and in
  522  policy manuals and handbooks incorporated by reference therein.
  523  These methodologies may include fee schedules, reimbursement
  524  methods based on cost reporting, negotiated fees, competitive
  525  bidding pursuant to s. 287.057, and other mechanisms the agency
  526  considers efficient and effective for purchasing services or
  527  goods on behalf of recipients. If a provider is reimbursed based
  528  on cost reporting and submits a cost report late and that cost
  529  report would have been used to set a lower reimbursement rate
  530  for a rate semester, then the provider’s rate for that semester
  531  shall be retroactively calculated using the new cost report, and
  532  full payment at the recalculated rate shall be effected
  533  retroactively. Medicare-granted extensions for filing cost
  534  reports, if applicable, shall also apply to Medicaid cost
  535  reports. Payment for Medicaid compensable services made on
  536  behalf of Medicaid eligible persons is subject to the
  537  availability of moneys and any limitations or directions
  538  provided for in the General Appropriations Act or chapter 216.
  539  Further, nothing in this section shall be construed to prevent
  540  or limit the agency from adjusting fees, reimbursement rates,
  541  lengths of stay, number of visits, or number of services, or
  542  making any other adjustments necessary to comply with the
  543  availability of moneys and any limitations or directions
  544  provided for in the General Appropriations Act, provided the
  545  adjustment is consistent with legislative intent.
  546         (26) The agency may receive funds from state entities,
  547  including, but not limited to, the Department of Health, local
  548  governments, and other local political subdivisions, for the
  549  purpose of making special exception payments and Low Income Pool
  550  Program payments, including federal matching funds. Funds
  551  received for this purpose shall be separately accounted for and
  552  may not be commingled with other state or local funds in any
  553  manner. The agency may certify all local governmental funds used
  554  as state match under Title XIX of the Social Security Act to the
  555  extent and in the manner authorized under the General
  556  Appropriations Act and pursuant to an agreement between the
  557  agency and the local governmental entity. In order for the
  558  agency to certify such local governmental funds, a local
  559  governmental entity must submit a final, executed letter of
  560  agreement to the agency, which must be received by October 1 of
  561  each fiscal year and provide the total amount of local
  562  governmental funds authorized by the entity for that fiscal year
  563  under the General Appropriations Act. The local governmental
  564  entity shall use a certification form prescribed by the agency.
  565  At a minimum, the certification form must identify the amount
  566  being certified and describe the relationship between the
  567  certifying local governmental entity and the local health care
  568  provider. Local governmental funds outlined in the letters of
  569  agreement must be received by the agency no later than October
  570  31 of each fiscal year in which such funds are pledged, unless
  571  an alternative plan is specifically approved by the agency.
  572         Section 21. The amendment to s. 409.908(26), Florida
  573  Statutes, by this act expires July 1, 2020, and the text of that
  574  subsection shall revert to that in existence on June 30, 2019,
  575  except that any amendments to such text enacted other than by
  576  this act shall be preserved and continue to operate to the
  577  extent that such amendments are not dependent upon the portions
  578  of text which expire pursuant to this section.
  579         Section 22. In order to implement Specific Appropriation
  580  192 of the 2019-2020 General Appropriations Act, subsection (6)
  581  of section 409.912, Florida Statutes, is amended to read:
  582         409.912 Cost-effective purchasing of health care.—The
  583  agency shall purchase goods and services for Medicaid recipients
  584  in the most cost-effective manner consistent with the delivery
  585  of quality medical care. To ensure that medical services are
  586  effectively utilized, the agency may, in any case, require a
  587  confirmation or second physician’s opinion of the correct
  588  diagnosis for purposes of authorizing future services under the
  589  Medicaid program. This section does not restrict access to
  590  emergency services or poststabilization care services as defined
  591  in 42 C.F.R. s. 438.114. Such confirmation or second opinion
  592  shall be rendered in a manner approved by the agency. The agency
  593  shall maximize the use of prepaid per capita and prepaid
  594  aggregate fixed-sum basis services when appropriate and other
  595  alternative service delivery and reimbursement methodologies,
  596  including competitive bidding pursuant to s. 287.057, designed
  597  to facilitate the cost-effective purchase of a case-managed
  598  continuum of care. The agency shall also require providers to
  599  minimize the exposure of recipients to the need for acute
  600  inpatient, custodial, and other institutional care and the
  601  inappropriate or unnecessary use of high-cost services. The
  602  agency shall contract with a vendor to monitor and evaluate the
  603  clinical practice patterns of providers in order to identify
  604  trends that are outside the normal practice patterns of a
  605  provider’s professional peers or the national guidelines of a
  606  provider’s professional association. The vendor must be able to
  607  provide information and counseling to a provider whose practice
  608  patterns are outside the norms, in consultation with the agency,
  609  to improve patient care and reduce inappropriate utilization.
  610  The agency may mandate prior authorization, drug therapy
  611  management, or disease management participation for certain
  612  populations of Medicaid beneficiaries, certain drug classes, or
  613  particular drugs to prevent fraud, abuse, overuse, and possible
  614  dangerous drug interactions. The Pharmaceutical and Therapeutics
  615  Committee shall make recommendations to the agency on drugs for
  616  which prior authorization is required. The agency shall inform
  617  the Pharmaceutical and Therapeutics Committee of its decisions
  618  regarding drugs subject to prior authorization. The agency is
  619  authorized to limit the entities it contracts with or enrolls as
  620  Medicaid providers by developing a provider network through
  621  provider credentialing. The agency may competitively bid single
  622  source-provider contracts if procurement of goods or services
  623  results in demonstrated cost savings to the state without
  624  limiting access to care. The agency may limit its network based
  625  on the assessment of beneficiary access to care, provider
  626  availability, provider quality standards, time and distance
  627  standards for access to care, the cultural competence of the
  628  provider network, demographic characteristics of Medicaid
  629  beneficiaries, practice and provider-to-beneficiary standards,
  630  appointment wait times, beneficiary use of services, provider
  631  turnover, provider profiling, provider licensure history,
  632  previous program integrity investigations and findings, peer
  633  review, provider Medicaid policy and billing compliance records,
  634  clinical and medical record audits, and other factors. Providers
  635  are not entitled to enrollment in the Medicaid provider network.
  636  The agency shall determine instances in which allowing Medicaid
  637  beneficiaries to purchase durable medical equipment and other
  638  goods is less expensive to the Medicaid program than long-term
  639  rental of the equipment or goods. The agency may establish rules
  640  to facilitate purchases in lieu of long-term rentals in order to
  641  protect against fraud and abuse in the Medicaid program as
  642  defined in s. 409.913. The agency may seek federal waivers
  643  necessary to administer these policies.
  644         (6) Notwithstanding the provisions of chapter 287, the
  645  agency may, at its discretion, renew a contract or contracts for
  646  fiscal intermediary services one or more times for such periods
  647  as the agency may decide; however, all such renewals may not
  648  combine to exceed a total period longer than the term of the
  649  original contract, with the exception of the fiscal agent
  650  contract scheduled to end in calendar year 2020, which may be
  651  extended by the agency through December 31, 2024.
  652         Section 23. The amendment to s. 409.912(6), Florida
  653  Statutes, by this act expires July 1, 2020, and the text of that
  654  subsection shall revert to that in existence on June 30, 2019,
  655  except that any amendments to such text enacted other than by
  656  this act shall be preserved and continue to operate to the
  657  extent that such amendments are not dependent upon the portions
  658  of text which expire pursuant to this section.
  659         Section 24. In order to implement Specific Appropriations
  660  203, 207, 208, 210, 212, and 221 of the 2019-2020 General
  661  Appropriations Act, subsection (12) is added to section 409.904,
  662  Florida Statutes, to read:
  663         409.904 Optional payments for eligible persons.—The agency
  664  may make payments for medical assistance and related services on
  665  behalf of the following persons who are determined to be
  666  eligible subject to the income, assets, and categorical
  667  eligibility tests set forth in federal and state law. Payment on
  668  behalf of these Medicaid eligible persons is subject to the
  669  availability of moneys and any limitations established by the
  670  General Appropriations Act or chapter 216.
  671         (12) Effective July 1, 2019, the agency shall make payments
  672  to Medicaid-covered services:
  673         (a) For eligible children and pregnant women, retroactive
  674  for a period of no more than 90 days before the month in which
  675  an application for Medicaid is submitted.
  676         (b) For eligible nonpregnant adults, retroactive to the
  677  first day of the month in which an application for Medicaid is
  678  submitted.
  679  
  680  This subsection expires July 1, 2020.
  681         Section 25. In order to implement Specific Appropriations
  682  203, 207, 208, 210, 212, and 221 of the 2019-2020 General
  683  Appropriations Act:
  684         (1)By January 10, 2020, the Agency for Health Care
  685  Administration, in consultation with the Department of Children
  686  and Families, the Florida Hospital Association, the Safety Net
  687  Hospital Alliance of Florida, the Florida Health Care
  688  Association, and LeadingAge Florida, shall submit a report to
  689  the Governor, the President of the Senate, and the Speaker of
  690  the House of Representatives regarding the impact of the waiver
  691  of Medicaid retroactive eligibility on beneficiaries and
  692  providers. The report must include, but is not limited to:
  693         (a)The total unduplicated number of nonpregnant adults who
  694  applied for Medicaid at a hospital site from February 1, 2019,
  695  through December 6, 2019; and, of those applicants, the number
  696  whose Medicaid applications were approved, the number whose
  697  Medicaid applications were denied, and the reasons for denial
  698  ranked by frequency.
  699         (b)The total unduplicated number of nonpregnant adults who
  700  applied for Medicaid at a nursing home site from February 1,
  701  2019, through December 6, 2019; and, of those applicants, the
  702  number whose Medicaid applications were approved, the number
  703  whose Medicaid applications were denied, and the reasons for
  704  denial ranked by frequency.
  705         (c)The estimated impact of medical debt on people for whom
  706  a Medicaid application was not submitted in the same month when
  707  the individual became an inpatient of a hospital or a resident
  708  of a nursing home.
  709         (d)Recommendations to improve outreach and Medicaid
  710  coverage for nonpregnant adults who would be eligible for
  711  Medicaid if they applied before an event that requires hospital
  712  or nursing home care.
  713         (2)The Agency for Health Care Administration shall also
  714  include, as part of the report required by this section, a copy
  715  of the evaluation design and performance metrics submitted to
  716  the federal Centers for Medicare and Medicaid Services relating
  717  to the waiver of Medicaid retroactive eligibility, in conformity
  718  with the Special Terms and Conditions of this state’s Section
  719  1115 demonstration project, titled Managed Medical Assistance
  720  (MMA) Program (Project No. 11-W-00206/4).
  721  
  722  This section expires July 1, 2020.
  723         Section 26. In order to implement Specific Appropriation
  724  245 of the 2019-2020 General Appropriations Act, subsection (10)
  725  of section 393.0661, Florida Statutes, is amended to read:
  726         393.0661 Home and community-based services delivery system;
  727  comprehensive redesign.—The Legislature finds that the home and
  728  community-based services delivery system for persons with
  729  developmental disabilities and the availability of appropriated
  730  funds are two of the critical elements in making services
  731  available. Therefore, it is the intent of the Legislature that
  732  the Agency for Persons with Disabilities shall develop and
  733  implement a comprehensive redesign of the system.
  734         (10) Implementation of Medicaid waiver programs and
  735  services authorized under this chapter is limited by the funds
  736  appropriated for the individual budgets pursuant to s. 393.0662
  737  and the four-tiered waiver system pursuant to subsection (3).
  738  Contracts with independent support coordinators and service
  739  providers must include provisions requiring compliance with
  740  agency cost containment initiatives. The agency shall implement
  741  monitoring and accounting procedures necessary to track actual
  742  expenditures and project future spending compared to available
  743  appropriations for Medicaid waiver programs. When necessary
  744  based on projected deficits, the agency must establish specific
  745  corrective action plans that incorporate corrective actions of
  746  contracted providers that are sufficient to align program
  747  expenditures with annual appropriations. If deficits continue
  748  during the 2018-2019 2012-2013 fiscal year, the agency in
  749  conjunction with the Agency for Health Care Administration shall
  750  develop a plan to redesign the waiver program and submit the
  751  plan to the President of the Senate and the Speaker of the House
  752  of Representatives by September 30, 2019 2013. At a minimum, the
  753  plan must include the following elements:
  754         (a) Budget predictability.—Agency budget recommendations
  755  must include specific steps to restrict spending to budgeted
  756  amounts based on alternatives to the iBudget and four-tiered
  757  Medicaid waiver models.
  758         (b) Services.—The agency shall identify core services that
  759  are essential to provide for client health and safety and
  760  recommend elimination of coverage for other services that are
  761  not affordable based on available resources.
  762         (c) Flexibility.—The redesign shall be responsive to
  763  individual needs and to the extent possible encourage client
  764  control over allocated resources for their needs.
  765         (d) Support coordination services.—The plan shall modify
  766  the manner of providing support coordination services to improve
  767  management of service utilization and increase accountability
  768  and responsiveness to agency priorities.
  769         (e) Reporting.—The agency shall provide monthly reports to
  770  the President of the Senate and the Speaker of the House of
  771  Representatives on plan progress and development on July 31,
  772  2019 2013, and August 31, 2019 2013.
  773         (f) Implementation.—The implementation of a redesigned
  774  program is subject to legislative approval and shall occur no
  775  later than July 1, 2014. The Agency for Health Care
  776  Administration shall seek federal waivers as needed to implement
  777  the redesigned plan once approved by the Legislature.
  778         Section 27. The amendment made to s. 393.0661(10), Florida
  779  Statutes, by this act expires July 1, 2020, and the text of that
  780  subsection shall revert to that in existence on June 30, 2019,
  781  except that any amendments to such text enacted other than by
  782  this act shall be preserved and continue to operate to the
  783  extent that such amendments are not dependent upon the portions
  784  of text which expire pursuant to this section.
  785         Section 28. In order to implement Specific Appropriations
  786  221 and 222 of the 2019-2020 General Appropriations Act,
  787  paragraph (d) of subsection (2) of section 400.179, Florida
  788  Statutes, is amended to read:
  789         400.179 Liability for Medicaid underpayments and
  790  overpayments.—
  791         (2) Because any transfer of a nursing facility may expose
  792  the fact that Medicaid may have underpaid or overpaid the
  793  transferor, and because in most instances, any such underpayment
  794  or overpayment can only be determined following a formal field
  795  audit, the liabilities for any such underpayments or
  796  overpayments shall be as follows:
  797         (d) Where the transfer involves a facility that has been
  798  leased by the transferor:
  799         1. The transferee shall, as a condition to being issued a
  800  license by the agency, acquire, maintain, and provide proof to
  801  the agency of a bond with a term of 30 months, renewable
  802  annually, in an amount not less than the total of 3 months’
  803  Medicaid payments to the facility computed on the basis of the
  804  preceding 12-month average Medicaid payments to the facility.
  805         2. A leasehold licensee may meet the requirements of
  806  subparagraph 1. by payment of a nonrefundable fee, paid at
  807  initial licensure, paid at the time of any subsequent change of
  808  ownership, and paid annually thereafter, in the amount of 1
  809  percent of the total of 3 months’ Medicaid payments to the
  810  facility computed on the basis of the preceding 12-month average
  811  Medicaid payments to the facility. If a preceding 12-month
  812  average is not available, projected Medicaid payments may be
  813  used. The fee shall be deposited into the Grants and Donations
  814  Trust Fund and shall be accounted for separately as a Medicaid
  815  nursing home overpayment account. These fees shall be used at
  816  the sole discretion of the agency to repay nursing home Medicaid
  817  overpayments or for enhanced payments to nursing facilities as
  818  specified in the General Appropriations Act or other law.
  819  Payment of this fee shall not release the licensee from any
  820  liability for any Medicaid overpayments, nor shall payment bar
  821  the agency from seeking to recoup overpayments from the licensee
  822  and any other liable party. As a condition of exercising this
  823  lease bond alternative, licensees paying this fee must maintain
  824  an existing lease bond through the end of the 30-month term
  825  period of that bond. The agency is herein granted specific
  826  authority to promulgate all rules pertaining to the
  827  administration and management of this account, including
  828  withdrawals from the account, subject to federal review and
  829  approval. This provision shall take effect upon becoming law and
  830  shall apply to any leasehold license application. The financial
  831  viability of the Medicaid nursing home overpayment account shall
  832  be determined by the agency through annual review of the account
  833  balance and the amount of total outstanding, unpaid Medicaid
  834  overpayments owing from leasehold licensees to the agency as
  835  determined by final agency audits. By March 31 of each year, the
  836  agency shall assess the cumulative fees collected under this
  837  subparagraph, minus any amounts used to repay nursing home
  838  Medicaid overpayments and amounts transferred to contribute to
  839  the General Revenue Fund pursuant to s. 215.20. If the net
  840  cumulative collections, minus amounts utilized to repay nursing
  841  home Medicaid overpayments, exceed $10 $25 million, the
  842  provisions of this subparagraph shall not apply for the
  843  subsequent fiscal year.
  844         3. The leasehold licensee may meet the bond requirement
  845  through other arrangements acceptable to the agency. The agency
  846  is herein granted specific authority to promulgate rules
  847  pertaining to lease bond arrangements.
  848         4. All existing nursing facility licensees, operating the
  849  facility as a leasehold, shall acquire, maintain, and provide
  850  proof to the agency of the 30-month bond required in
  851  subparagraph 1., above, on and after July 1, 1993, for each
  852  license renewal.
  853         5. It shall be the responsibility of all nursing facility
  854  operators, operating the facility as a leasehold, to renew the
  855  30-month bond and to provide proof of such renewal to the agency
  856  annually.
  857         6. Any failure of the nursing facility operator to acquire,
  858  maintain, renew annually, or provide proof to the agency shall
  859  be grounds for the agency to deny, revoke, and suspend the
  860  facility license to operate such facility and to take any
  861  further action, including, but not limited to, enjoining the
  862  facility, asserting a moratorium pursuant to part II of chapter
  863  408, or applying for a receiver, deemed necessary to ensure
  864  compliance with this section and to safeguard and protect the
  865  health, safety, and welfare of the facility’s residents. A lease
  866  agreement required as a condition of bond financing or
  867  refinancing under s. 154.213 by a health facilities authority or
  868  required under s. 159.30 by a county or municipality is not a
  869  leasehold for purposes of this paragraph and is not subject to
  870  the bond requirement of this paragraph.
  871         Section 29. The amendment to s. 400.179(2)(d), Florida
  872  Statutes, made by this act expires July 1, 2020, and the text of
  873  that paragraph shall revert to that in existence on June 30,
  874  2019, except that any amendments to such text enacted other than
  875  by this act shall be preserved and continue to operate to the
  876  extent that such amendments are not dependent upon the portions
  877  of text which expire pursuant to this section.
  878         Section 30. In order to implement Specific Appropriations
  879  178 through 181 of the 2019-2020 General Appropriations Act,
  880  paragraph (b) of subsection (5) of section 624.91, Florida
  881  Statutes, is amended to read:
  882         624.91 The Florida Healthy Kids Corporation Act.—
  883         (5) CORPORATION AUTHORIZATION, DUTIES, POWERS.—
  884         (b) The Florida Healthy Kids Corporation shall:
  885         1. Arrange for the collection of any family, local
  886  contributions, or employer payment or premium, in an amount to
  887  be determined by the board of directors, to provide for payment
  888  of premiums for comprehensive insurance coverage and for the
  889  actual or estimated administrative expenses.
  890         2. Arrange for the collection of any voluntary
  891  contributions to provide for payment of Florida Kidcare program
  892  premiums for children who are not eligible for medical
  893  assistance under Title XIX or Title XXI of the Social Security
  894  Act.
  895         3. Subject to the provisions of s. 409.8134, accept
  896  voluntary supplemental local match contributions that comply
  897  with the requirements of Title XXI of the Social Security Act
  898  for the purpose of providing additional Florida Kidcare coverage
  899  in contributing counties under Title XXI.
  900         4. Establish the administrative and accounting procedures
  901  for the operation of the corporation.
  902         5. Establish, with consultation from appropriate
  903  professional organizations, standards for preventive health
  904  services and providers and comprehensive insurance benefits
  905  appropriate to children, provided that such standards for rural
  906  areas shall not limit primary care providers to board-certified
  907  pediatricians.
  908         6. Determine eligibility for children seeking to
  909  participate in the Title XXI-funded components of the Florida
  910  Kidcare program consistent with the requirements specified in s.
  911  409.814, as well as the non-Title-XXI-eligible children as
  912  provided in subsection (3).
  913         7. Establish procedures under which providers of local
  914  match to, applicants to and participants in the program may have
  915  grievances reviewed by an impartial body and reported to the
  916  board of directors of the corporation.
  917         8. Establish participation criteria and, if appropriate,
  918  contract with an authorized insurer, health maintenance
  919  organization, or third-party administrator to provide
  920  administrative services to the corporation.
  921         9. Establish enrollment criteria that include penalties or
  922  waiting periods of 30 days for reinstatement of coverage upon
  923  voluntary cancellation for nonpayment of family premiums.
  924         10. Contract with authorized insurers or any provider of
  925  health care services, meeting standards established by the
  926  corporation, for the provision of comprehensive insurance
  927  coverage to participants. Such standards shall include criteria
  928  under which the corporation may contract with more than one
  929  provider of health care services in program sites. Health plans
  930  shall be selected through a competitive bid process. The Florida
  931  Healthy Kids Corporation shall purchase goods and services in
  932  the most cost-effective manner consistent with the delivery of
  933  quality medical care. The maximum administrative cost for a
  934  Florida Healthy Kids Corporation contract shall be 15 percent.
  935  For health care contracts, the minimum medical loss ratio for a
  936  Florida Healthy Kids Corporation contract shall be 85 percent.
  937  For dental contracts, the remaining compensation to be paid to
  938  the authorized insurer or provider under a Florida Healthy Kids
  939  Corporation contract shall be no less than an amount which is 85
  940  percent of premium; to the extent any contract provision does
  941  not provide for this minimum compensation, this section shall
  942  prevail. For an insurer or any provider of health care services
  943  which achieves an annual medical loss ratio below 85 percent,
  944  the Florida Healthy Kids Corporation shall validate the medical
  945  loss ratio and calculate an amount to be refunded by the insurer
  946  or any provider of health care services to the state which shall
  947  be deposited into the General Revenue Fund unallocated. The
  948  health plan selection criteria and scoring system, and the
  949  scoring results, shall be available upon request for inspection
  950  after the bids have been awarded.
  951         11. Establish disenrollment criteria in the event local
  952  matching funds are insufficient to cover enrollments.
  953         12. Develop and implement a plan to publicize the Florida
  954  Kidcare program, the eligibility requirements of the program,
  955  and the procedures for enrollment in the program and to maintain
  956  public awareness of the corporation and the program.
  957         13. Secure staff necessary to properly administer the
  958  corporation. Staff costs shall be funded from state and local
  959  matching funds and such other private or public funds as become
  960  available. The board of directors shall determine the number of
  961  staff members necessary to administer the corporation.
  962         14. In consultation with the partner agencies, provide a
  963  report on the Florida Kidcare program annually to the Governor,
  964  the Chief Financial Officer, the Commissioner of Education, the
  965  President of the Senate, the Speaker of the House of
  966  Representatives, and the Minority Leaders of the Senate and the
  967  House of Representatives.
  968         15. Provide information on a quarterly basis to the
  969  Legislature and the Governor which compares the costs and
  970  utilization of the full-pay enrolled population and the Title
  971  XXI-subsidized enrolled population in the Florida Kidcare
  972  program. The information, at a minimum, must include:
  973         a. The monthly enrollment and expenditure for full-pay
  974  enrollees in the Medikids and Florida Healthy Kids programs
  975  compared to the Title XXI-subsidized enrolled population; and
  976         b. The costs and utilization by service of the full-pay
  977  enrollees in the Medikids and Florida Healthy Kids programs and
  978  the Title XXI-subsidized enrolled population.
  979         16. Establish benefit packages that conform to the
  980  provisions of the Florida Kidcare program, as created in ss.
  981  409.810-409.821.
  982         Section 31. The amendment made to s. 624.91(5)(b), Florida
  983  Statutes, by this act expires July 1, 2020, and the text of that
  984  paragraph shall revert to that in existence on June 30, 2019,
  985  except that any amendments to such text enacted other than by
  986  this act shall be preserved and continue to operate to the
  987  extent that such amendments are not dependent upon the portions
  988  of text which expire pursuant to this section.
  989         Section 32. In order to implement Specific Appropriations
  990  533, 534, 539, and 542 of the 2019-2020 General Appropriations
  991  Act, subsection (17) of section 893.055, Florida Statutes, is
  992  amended to read:
  993         893.055 Prescription drug monitoring program.—
  994         (17) For the 2019-2020 2018-2019 fiscal year only, neither
  995  the Attorney General nor the department may use funds received
  996  as part of a settlement agreement to administer the prescription
  997  drug monitoring program. This subsection expires July 1, 2020
  998  2019.
  999         Section 33. In order to implement Specific Appropriation
 1000  204 of the 2019-2020 General Appropriations Act, subsections (2)
 1001  and (10) of section 409.911, Florida Statutes, are amended to
 1002  read:
 1003         409.911 Disproportionate share program.—Subject to specific
 1004  allocations established within the General Appropriations Act
 1005  and any limitations established pursuant to chapter 216, the
 1006  agency shall distribute, pursuant to this section, moneys to
 1007  hospitals providing a disproportionate share of Medicaid or
 1008  charity care services by making quarterly Medicaid payments as
 1009  required. Notwithstanding the provisions of s. 409.915, counties
 1010  are exempt from contributing toward the cost of this special
 1011  reimbursement for hospitals serving a disproportionate share of
 1012  low-income patients.
 1013         (2) The Agency for Health Care Administration shall use the
 1014  following actual audited data to determine the Medicaid days and
 1015  charity care to be used in calculating the disproportionate
 1016  share payment:
 1017         (a) The average of the 2011, 2012, and 2013 2010, 2011, and
 1018  2012 audited disproportionate share data to determine each
 1019  hospital’s Medicaid days and charity care for the 2019-2020
 1020  2018-2019 state fiscal year.
 1021         (b) If the Agency for Health Care Administration does not
 1022  have the prescribed 3 years of audited disproportionate share
 1023  data as noted in paragraph (a) for a hospital, the agency shall
 1024  use the average of the years of the audited disproportionate
 1025  share data as noted in paragraph (a) which is available.
 1026         (c) In accordance with s. 1923(b) of the Social Security
 1027  Act, a hospital with a Medicaid inpatient utilization rate
 1028  greater than one standard deviation above the statewide mean or
 1029  a hospital with a low-income utilization rate of 25 percent or
 1030  greater shall qualify for reimbursement.
 1031         (10) Notwithstanding any provision of this section to the
 1032  contrary, for the 2019-2020 2018-2019 state fiscal year, the
 1033  agency shall distribute moneys to hospitals providing a
 1034  disproportionate share of Medicaid or charity care services as
 1035  provided in the 2019-2020 2018-2019 General Appropriations Act.
 1036  This subsection expires July 1, 2020 2019.
 1037         Section 34. In order to implement Specific Appropriation
 1038  204 of the 2019-2020 General Appropriations Act, subsection (3)
 1039  of section 409.9113, Florida Statutes, is amended to read:
 1040         409.9113 Disproportionate share program for teaching
 1041  hospitals.—In addition to the payments made under s. 409.911,
 1042  the agency shall make disproportionate share payments to
 1043  teaching hospitals, as defined in s. 408.07, for their increased
 1044  costs associated with medical education programs and for
 1045  tertiary health care services provided to the indigent. This
 1046  system of payments must conform to federal requirements and
 1047  distribute funds in each fiscal year for which an appropriation
 1048  is made by making quarterly Medicaid payments. Notwithstanding
 1049  s. 409.915, counties are exempt from contributing toward the
 1050  cost of this special reimbursement for hospitals serving a
 1051  disproportionate share of low-income patients. The agency shall
 1052  distribute the moneys provided in the General Appropriations Act
 1053  to statutorily defined teaching hospitals and family practice
 1054  teaching hospitals, as defined in s. 395.805, pursuant to this
 1055  section. The funds provided for statutorily defined teaching
 1056  hospitals shall be distributed as provided in the General
 1057  Appropriations Act. The funds provided for family practice
 1058  teaching hospitals shall be distributed equally among family
 1059  practice teaching hospitals.
 1060         (3) Notwithstanding any provision of this section to the
 1061  contrary, for the 2019-2020 2018-2019 state fiscal year, the
 1062  agency shall make disproportionate share payments to teaching
 1063  hospitals, as defined in s. 408.07, as provided in the 2019-2020
 1064  2018-2019 General Appropriations Act. This subsection expires
 1065  July 1, 2020 2019.
 1066         Section 35. In order to implement Specific Appropriation
 1067  204 of the 2019-2020 General Appropriations Act, subsection (4)
 1068  of section 409.9119, Florida Statutes, is amended to read:
 1069         409.9119 Disproportionate share program for specialty
 1070  hospitals for children.—In addition to the payments made under
 1071  s. 409.911, the Agency for Health Care Administration shall
 1072  develop and implement a system under which disproportionate
 1073  share payments are made to those hospitals that are separately
 1074  licensed by the state as specialty hospitals for children, have
 1075  a federal Centers for Medicare and Medicaid Services
 1076  certification number in the 3300-3399 range, have Medicaid days
 1077  that exceed 55 percent of their total days and Medicare days
 1078  that are less than 5 percent of their total days, and were
 1079  licensed on January 1, 2013, as specialty hospitals for
 1080  children. This system of payments must conform to federal
 1081  requirements and must distribute funds in each fiscal year for
 1082  which an appropriation is made by making quarterly Medicaid
 1083  payments. Notwithstanding s. 409.915, counties are exempt from
 1084  contributing toward the cost of this special reimbursement for
 1085  hospitals that serve a disproportionate share of low-income
 1086  patients. The agency may make disproportionate share payments to
 1087  specialty hospitals for children as provided for in the General
 1088  Appropriations Act.
 1089         (4) Notwithstanding any provision of this section to the
 1090  contrary, for the 2019-2020 2018-2019 state fiscal year, for
 1091  hospitals achieving full compliance under subsection (3), the
 1092  agency shall make disproportionate share payments to specialty
 1093  hospitals for children as provided in the 2019-2020 2018-2019
 1094  General Appropriations Act. This subsection expires July 1, 2020
 1095  2019.
 1096         Section 36. In order to implement Specific Appropriations
 1097  197 through 224 of the 2019-2020 General Appropriations Act, and
 1098  notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
 1099  Agency for Health Care Administration may submit a budget
 1100  amendment, subject to the notice, review, and objection
 1101  procedures of s. 216.177, Florida Statutes, to realign funding
 1102  within the Medicaid program appropriation categories to address
 1103  projected surpluses and deficits within the program and to
 1104  maximize the use of state trust funds. A single budget amendment
 1105  shall be submitted in the last quarter of the 2019-2020 fiscal
 1106  year only. This section expires July 1, 2020.
 1107         Section 37. In order to implement Specific Appropriations
 1108  178 through 183 and 523 of the 2019-2020 General Appropriations
 1109  Act, and notwithstanding ss. 216.181 and 216.292, Florida
 1110  Statutes, the Agency for Health Care Administration and the
 1111  Department of Health may each submit a budget amendment, subject
 1112  to the notice, review, and objection procedures of s. 216.177,
 1113  Florida Statutes, to realign funding within the Florida Kidcare
 1114  program appropriation categories, or to increase budget
 1115  authority in the Children’s Medical Services Network category,
 1116  to address projected surpluses and deficits within the program
 1117  or to maximize the use of state trust funds. A single budget
 1118  amendment must be submitted by each agency in the last quarter
 1119  of the 2019-2020 fiscal year only. This section expires July 1,
 1120  2020.
 1121         Section 38. In order to implement Specific Appropriations
 1122  208, 225 through 236, and 368 of the 2019-2020 General
 1123  Appropriations Act and notwithstanding s. 400.9905, Florida
 1124  Statutes, the following entities are exempt from the licensure
 1125  requirements of part X of chapter 400, Florida Statutes:
 1126         (1) Entities that are under the common ownership or control
 1127  by a mutual insurance holding company, as defined in s. 628.703,
 1128  Florida Statutes, with an entity licensed or certified under
 1129  chapter 624, Florida Statutes, or chapter 641, Florida Statutes,
 1130  that has $1 billion or more in total annual sales in this state.
 1131         (2) Entities that are owned by an entity who is a
 1132  behavioral health service provider in at least 5 states other
 1133  than Florida and that, together with its affiliates, have $90
 1134  million or more in total annual revenues associated with the
 1135  provision of behavioral health care services and where one or
 1136  more of the persons responsible for the operations of the entity
 1137  is a health care practitioner who is licensed in this state and
 1138  who is responsible for supervising the business activities of
 1139  the entity and is responsible for the entity’s compliance with
 1140  state law for purposes of part X of chapter 400, Florida
 1141  Statutes.
 1142  
 1143  This section expires July 1, 2020.
 1144         Section 39. In order to implement Specific Appropriations
 1145  467, 468, and 474 of the 2019-2020 General Appropriations Act,
 1146  subsection (17) of section 381.986, Florida Statutes, is amended
 1147  to read:
 1148         381.986 Medical use of marijuana.—
 1149         (17) Rules adopted pursuant to this section before July 1,
 1150  2020 2019, are not subject to ss. 120.54(3)(b) and 120.541 s.
 1151  120.541(3). Notwithstanding paragraph (8)(e), a medical
 1152  marijuana treatment center may use a laboratory that has not
 1153  been certified by the department under s. 381.988 until such
 1154  time as at least one laboratory holds the required certification
 1155  pursuant to s. 381.988, but in no event later than July 1, 2020
 1156  2019. This subsection expires July 1, 2020 2019.
 1157         Section 40. In order to implement Specific Appropriations
 1158  467, 468, and 474 of the 2019-2020 General Appropriations Act,
 1159  subsection (11) of section 381.988, Florida Statutes, is amended
 1160  to read:
 1161         381.988 Medical marijuana testing laboratories; marijuana
 1162  tests conducted by a certified laboratory.—
 1163         (11) Rules adopted under subsection (9) before July 1, 2020
 1164  2019, are not subject to ss. 120.54(3)(b) and 120.541 s.
 1165  120.541(3). This subsection expires July 1, 2020 2019.
 1166         Section 41. In order to implement Specific Appropriations
 1167  467, 468, and 474 of the 2019-2020 General Appropriations Act,
 1168  subsection (1) of section 14 of chapter 2017-232, Laws of
 1169  Florida, is amended to read:
 1170         Section 14. Department of Health; authority to adopt rules;
 1171  cause of action.—
 1172         (1) EMERGENCY RULEMAKING.—
 1173         (a) The Department of Health and the applicable boards
 1174  shall adopt emergency rules pursuant to s. 120.54(4), Florida
 1175  Statutes, and this section necessary to implement ss. 381.986
 1176  and 381.988, Florida Statutes. If an emergency rule adopted
 1177  under this section is held to be unconstitutional or an invalid
 1178  exercise of delegated legislative authority, and becomes void,
 1179  the department or the applicable boards may adopt an emergency
 1180  rule pursuant to this section to replace the rule that has
 1181  become void. If the emergency rule adopted to replace the void
 1182  emergency rule is also held to be unconstitutional or an invalid
 1183  exercise of delegated legislative authority and becomes void,
 1184  the department and the applicable boards must follow the
 1185  nonemergency rulemaking procedures of the Administrative
 1186  Procedures Act to replace the rule that has become void.
 1187         (b) For emergency rules adopted under this section, the
 1188  department and the applicable boards need not make the findings
 1189  required by s. 120.54(4)(a), Florida Statutes. Emergency rules
 1190  adopted under this section are exempt from ss. 120.54(3)(b) and
 1191  120.541, Florida Statutes. The department and the applicable
 1192  boards shall meet the procedural requirements in s. 120.54(4)(a)
 1193  s. 120.54(a), Florida Statutes, if the department or the
 1194  applicable boards have, before July 1, 2019 the effective date
 1195  of this act, held any public workshops or hearings on the
 1196  subject matter of the emergency rules adopted under this
 1197  subsection. Challenges to emergency rules adopted under this
 1198  subsection are subject to the time schedules provided in s.
 1199  120.56(5), Florida Statutes.
 1200         (c) Emergency rules adopted under this section are exempt
 1201  from s. 120.54(4)(c), Florida Statutes, and shall remain in
 1202  effect until replaced by rules adopted under the nonemergency
 1203  rulemaking procedures of the Administrative Procedures Act.
 1204  Rules adopted under the nonemergency rulemaking procedures of
 1205  the Administrative Procedures Act to replace emergency rules
 1206  adopted under this section are exempt from ss. 120.54(3)(b) and
 1207  120.541, Florida Statutes. By July 1, 2020 January 1, 2018, the
 1208  department and the applicable boards shall initiate nonemergency
 1209  rulemaking pursuant to the Administrative Procedures Act to
 1210  replace all emergency rules adopted under this section by
 1211  publishing a notice of rule development in the Florida
 1212  Administrative Register. Except as provided in paragraph (a),
 1213  after July 1, 2020 January 1, 2018, the department and
 1214  applicable boards may not adopt rules pursuant to the emergency
 1215  rulemaking procedures provided in this section.
 1216         Section 42. The amendment to s. 14(1) of chapter 2017-232,
 1217  Laws of Florida, by this act expires July 1, 2020, and the text
 1218  of that subsection shall revert to that in existence on June 30,
 1219  2019, except that any amendments to such text enacted other than
 1220  by this act shall be preserved and continue to operate to the
 1221  extent that such amendments are not dependent upon the portions
 1222  of text which expire pursuant to this section.
 1223         Section 43. In order to implement Specific Appropriations
 1224  474 and 525 of the 2019-2020 General Appropriations Act,
 1225  paragraph (a) of subsection (2) of section 383.14, Florida
 1226  Statutes, is amended to read:
 1227         383.14 Screening for metabolic disorders, other hereditary
 1228  and congenital disorders, and environmental risk factors.—
 1229         (2) RULES.—
 1230         (a) After consultation with the Genetics and Newborn
 1231  Screening Advisory Council, the department shall adopt and
 1232  enforce rules requiring that every newborn in this state shall:
 1233         1. Before becoming 1 week of age, be subjected to a test
 1234  for phenylketonuria;
 1235         2. Be tested for any condition included on the federal
 1236  Recommended Uniform Screening Panel which the council advises
 1237  the department should be included under the state’s screening
 1238  program. After the council recommends that a condition be
 1239  included, the department shall submit a legislative budget
 1240  request to seek an appropriation to add testing of the condition
 1241  to the newborn screening program. The department shall expand
 1242  statewide screening of newborns to include screening for such
 1243  conditions within 18 months after the council renders such
 1244  advice, if a test approved by the United States Food and Drug
 1245  Administration or a test offered by an alternative vendor is
 1246  available. If such a test is not available within 18 months
 1247  after the council makes its recommendation, the department shall
 1248  implement such screening as soon as a test offered by the United
 1249  States Food and Drug Administration or by an alternative vendor
 1250  is available; and
 1251         3. At the appropriate age, be tested for such other
 1252  metabolic diseases and hereditary or congenital disorders as the
 1253  department may deem necessary from time to time; and
 1254         4. Notwithstanding subparagraph 2., be screened for spinal
 1255  muscular atrophy following integration of such a test into the
 1256  newborn screening testing panel. The department shall implement
 1257  such screening using a test offered by the United States Food
 1258  and Drug Administration or by an alternative vendor as soon as
 1259  practicable after July 1, 2019, but no later than May 3, 2020.
 1260  This subparagraph expires July 1, 2020.
 1261         Section 44. In order to implement Specific Appropriations
 1262  326, 327A, 358, and 359 of the 2019-2020 General Appropriations
 1263  Act, and notwithstanding ss. 216.181 and 216.292, Florida
 1264  Statutes, the Department of Children and Families may submit a
 1265  budget amendment, subject to the notice, review, and objection
 1266  procedures of s. 216.177, Florida Statutes, to realign funding
 1267  within the department based on the implementation of the
 1268  Guardianship Assistance Program, between and among the specific
 1269  appropriations for guardianship assistance payments, foster care
 1270  Level 1 room and board payments, relative caregiver payments,
 1271  and nonrelative caregiver payments. This section expires July 1,
 1272  2020.
 1273         Section 45. In order to implement Specific Appropriations
 1274  326 and 327A of the 2019-2020 General Appropriations Act, the
 1275  Department of Children and Families shall establish a formula to
 1276  distribute the recurring sums of $10,597,824 from the General
 1277  Revenue Fund and $11,922,238 from the Federal Grants Trust Fund
 1278  for actual and direct costs to implement the Guardianship
 1279  Assistance Program, including Level 1 foster care board
 1280  payments, licensing staff for community-based care lead
 1281  agencies, and guardianship assistance payments. This section
 1282  expires July 1, 2020.
 1283         Section 46. In order to implement Specific Appropriations
 1284  326 and 327A of the 2019-2020 General Appropriations Act,
 1285  paragraph (a) of subsection (1) of section 409.991, Florida
 1286  Statutes, is amended to read:
 1287         409.991 Allocation of funds for community-based care lead
 1288  agencies.—
 1289         (1) As used in this section, the term:
 1290         (a) “Core services funds” means all funds allocated to
 1291  community-based care lead agencies operating under contract with
 1292  the department pursuant to s. 409.987, with the following
 1293  exceptions:
 1294         1. Funds appropriated for independent living.;
 1295         2. Funds appropriated for maintenance adoption subsidies.;
 1296         3. Funds appropriated for actual and direct costs to
 1297  implement the Guardianship Assistance Program, including Level 1
 1298  foster care board payments, licensing staff for community-based
 1299  care lead agencies, and guardianship assistance payments. This
 1300  subparagraph expires July 1, 2020.
 1301         4. Funds allocated by the department for protective
 1302  investigations training.;
 1303         5.4. Nonrecurring funds.;
 1304         6.5. Designated mental health wrap-around services funds.;
 1305  and
 1306         7.6. Funds for special projects for a designated community
 1307  based care lead agency.
 1308         Section 47. In order to implement Specific Appropriations
 1309  551 through 558 and 560 of the 2019-2020 General Appropriations
 1310  Act, subsection (3) of section 296.37, Florida Statutes, is
 1311  amended to read:
 1312         296.37 Residents; contribution to support.—
 1313         (3) Notwithstanding subsection (1), each resident of the
 1314  home who receives a pension, compensation, or gratuity from the
 1315  United States Government, or income from any other source, of
 1316  more than $130 per month shall contribute to his or her
 1317  maintenance and support while a resident of the home in
 1318  accordance with a payment schedule determined by the
 1319  administrator and approved by the director. The total amount of
 1320  such contributions shall be to the fullest extent possible, but,
 1321  in no case, shall exceed the actual cost of operating and
 1322  maintaining the home. This subsection expires July 1, 2020 2019.
 1323         Section 48. In order to implement Specific Appropriations
 1324  470 and 507 of the 2019-2020 General Appropriations Act, and
 1325  notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
 1326  Department of Health may submit a budget amendment, subject to
 1327  the notice, review, and objection procedures of s. 216.177,
 1328  Florida Statutes, to increase budget authority for the HIV/AIDS
 1329  Prevention and Treatment Program if additional federal revenues
 1330  specific to HIV/AIDS prevention and treatment become available
 1331  in the 2019-2020 fiscal year. This section expires July 1, 2020.
 1332         Section 49. In order to implement Specific Appropriations
 1333  349 and 350 of the 2019-2020 General Appropriations Act, and
 1334  notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
 1335  Department of Children and Families may submit a budget
 1336  amendment, subject to the notice, review, and objection
 1337  procedures of s. 216.177, Florida Statutes, to increase budget
 1338  authority for the Supplemental Nutrition Assistance Program if
 1339  additional federal revenue specific to the program becomes
 1340  available for the program in the 2019-2020 fiscal year. This
 1341  section expires July 1, 2020.
 1342         Section 50. In order to implement Specific Appropriations
 1343  307 through 310, 314, 315, 318, 323 through 326, and 327A of the
 1344  2019-2020 General Appropriations Act, and notwithstanding ss.
 1345  216.181 and 216.292, Florida Statutes, the Department of
 1346  Children and Families may submit a budget amendment, subject to
 1347  the notice, review, and objection procedures of s. 216.177,
 1348  Florida Statutes, to realign funding within the Family Safety
 1349  Program to maximize the use of Title IV-E and other federal
 1350  funds. This section expires July 1, 2020.
 1351         Section 51. In order to implement Specific Appropriations
 1352  581 through 704A and 716 through 750 of the 2019-2020 General
 1353  Appropriations Act, subsection (4) of section 216.262, Florida
 1354  Statutes, is amended to read:
 1355         216.262 Authorized positions.—
 1356         (4) Notwithstanding the provisions of this chapter relating
 1357  to increasing the number of authorized positions, and for the
 1358  2019-2020 2018-2019 fiscal year only, if the actual inmate
 1359  population of the Department of Corrections exceeds the inmate
 1360  population projections of the February 22, 2019 December 20,
 1361  2017, Criminal Justice Estimating Conference by 1 percent for 2
 1362  consecutive months or 2 percent for any month, the Executive
 1363  Office of the Governor, with the approval of the Legislative
 1364  Budget Commission, shall immediately notify the Criminal Justice
 1365  Estimating Conference, which shall convene as soon as possible
 1366  to revise the estimates. The Department of Corrections may then
 1367  submit a budget amendment requesting the establishment of
 1368  positions in excess of the number authorized by the Legislature
 1369  and additional appropriations from unallocated general revenue
 1370  sufficient to provide for essential staff, fixed capital
 1371  improvements, and other resources to provide classification,
 1372  security, food services, health services, and other variable
 1373  expenses within the institutions to accommodate the estimated
 1374  increase in the inmate population. All actions taken pursuant to
 1375  this subsection are subject to review and approval by the
 1376  Legislative Budget Commission. This subsection expires July 1,
 1377  2020 2019.
 1378         Section 52. In order to implement Specific Appropriation
 1379  737 of the 2019-2020 General Appropriations Act, and upon the
 1380  expiration and reversion of the amendments made by section 44 of
 1381  chapter 2018-10, Laws of Florida, paragraph (b) of subsection
 1382  (7) of section 1011.80, Florida Statutes, is amended to read:
 1383         1011.80 Funds for operation of workforce education
 1384  programs.—
 1385         (7)
 1386         (b) State funds provided for the operation of postsecondary
 1387  workforce programs may not be expended for the education of
 1388  state or federal inmates, except to the extent that such funds
 1389  are specifically appropriated for such purpose in the 2019-2020
 1390  General Appropriations Act with more than 24 months of time
 1391  remaining to serve on their sentences or federal inmates.
 1392         Section 53. The amendment made to s. 1011.80(7)(b), Florida
 1393  Statutes, by this act expires July 1, 2020, and the text of that
 1394  paragraph shall revert to that in existence on July 1, 2019, but
 1395  not including any amendments made by this act, and any
 1396  amendments to such text enacted other than by this act shall be
 1397  preserved and continue to operate to the extent that such
 1398  amendments are not dependent upon the portions of text which
 1399  expire pursuant to this section.
 1400         Section 54. In order to implement Specific Appropriations
 1401  3208 through 3274 of the 2019-2020 General Appropriations Act,
 1402  subsection (2) of section 215.18, Florida Statutes, is amended
 1403  to read:
 1404         215.18 Transfers between funds; limitation.—
 1405         (2) The Chief Justice of the Supreme Court may receive one
 1406  or more trust fund loans to ensure that the state court system
 1407  has funds sufficient to meet its appropriations in the 2019-2020
 1408  2018-2019 General Appropriations Act. If the Chief Justice
 1409  accesses the loan, he or she must notify the Governor and the
 1410  chairs of the legislative appropriations committees in writing.
 1411  The loan must come from other funds in the State Treasury which
 1412  are for the time being or otherwise in excess of the amounts
 1413  necessary to meet the just requirements of such last-mentioned
 1414  funds. The Governor shall order the transfer of funds within 5
 1415  days after the written notification from the Chief Justice. If
 1416  the Governor does not order the transfer, the Chief Financial
 1417  Officer shall transfer the requested funds. The loan of funds
 1418  from which any money is temporarily transferred must be repaid
 1419  by the end of the 2019-2020 2018-2019 fiscal year. This
 1420  subsection expires July 1, 2020 2019.
 1421         Section 55. (1)In order to implement Specific
 1422  Appropriations 1153 through 1164 of the 2019-2020 General
 1423  Appropriations Act, the Department of Juvenile Justice is
 1424  required to review county juvenile detention payments to ensure
 1425  that counties fulfill their financial responsibilities required
 1426  in s. 985.6865, Florida Statutes. If the Department of Juvenile
 1427  Justice determines that a county has not met its obligations,
 1428  the department shall direct the Department of Revenue to deduct
 1429  the amount owed to the Department of Juvenile Justice from the
 1430  funds provided to the county under s. 218.23, Florida Statutes.
 1431  The Department of Revenue shall transfer the funds withheld to
 1432  the Shared County/State Juvenile Detention Trust Fund.
 1433         (2)As an assurance to holders of bonds issued by counties
 1434  before July 1, 2019, for which distributions made pursuant to s.
 1435  218.23, Florida Statutes, are pledged, or bonds issued to refund
 1436  such bonds which mature no later than the bonds they refunded
 1437  and which result in a reduction of debt service payable in each
 1438  fiscal year, the amount available for distribution to a county
 1439  shall remain as provided by law and continue to be subject to
 1440  any lien or claim on behalf of the bondholders. The Department
 1441  of Revenue must ensure, based on information provided by an
 1442  affected county, that any reduction in amounts distributed
 1443  pursuant to subsection (1) does not reduce the amount of
 1444  distribution to a county below the amount necessary for the
 1445  timely payment of principal and interest when due on the bonds
 1446  and the amount necessary to comply with any covenant under the
 1447  bond resolution or other documents relating to the issuance of
 1448  the bonds. If a reduction to a county’s monthly distribution
 1449  must be decreased in order to comply with this section, the
 1450  Department of Revenue must notify the Department of Juvenile
 1451  Justice of the amount of the decrease, and the Department of
 1452  Juvenile Justice must send a bill for payment of such amount to
 1453  the affected county.
 1454         (3)This section expires July 1, 2020.
 1455         Section 56. In order to implement Specific Appropriations
 1456  761 through 784A, 952 through 1097, and 1118 through 1152 of the
 1457  2019-2020 General Appropriations Act, subsection (1), paragraph
 1458  (a) of subsection (2), paragraph (a) of subsection (3), and
 1459  subsections (5), (6), and (7) of section 27.40, Florida
 1460  Statutes, are amended to read:
 1461         27.40 Court-appointed counsel; circuit registries; minimum
 1462  requirements; appointment by court.—
 1463         (1) Counsel shall be appointed to represent any individual
 1464  in a criminal or civil proceeding entitled to court-appointed
 1465  counsel under the Federal or State Constitution or as authorized
 1466  by general law. The court shall appoint a public defender to
 1467  represent indigent persons as authorized in s. 27.51. The office
 1468  of criminal conflict and civil regional counsel shall be
 1469  appointed to represent persons in those cases in which provision
 1470  is made for court-appointed counsel, but only after the public
 1471  defender has certified to the court in writing that the public
 1472  defender is unable to provide representation due to a conflict
 1473  of interest or is not authorized to provide representation. The
 1474  public defender shall report, in the aggregate, the specific
 1475  basis of all conflicts of interest certified to the court. On a
 1476  quarterly basis, the public defender shall submit this
 1477  information to the Justice Administrative Commission.
 1478         (2)(a) Private counsel shall be appointed to represent
 1479  persons in those cases in which provision is made for court
 1480  appointed counsel but only after the office of criminal conflict
 1481  and civil regional counsel has been appointed and has certified
 1482  to the court in writing that the criminal conflict and civil
 1483  regional counsel is unable to provide representation due to a
 1484  conflict of interest. The criminal conflict and civil regional
 1485  counsel shall report, in the aggregate, the specific basis of
 1486  all conflicts of interest certified to the court. On a quarterly
 1487  basis, the criminal conflict and civil regional counsel shall
 1488  submit this information to the Justice Administrative
 1489  Commission.
 1490         (3) In using a registry:
 1491         (a) The chief judge of the circuit shall compile a list of
 1492  attorneys in private practice, by county and by category of
 1493  cases, and provide the list to the clerk of court in each
 1494  county. The chief judge of the circuit may restrict the number
 1495  of attorneys on the general registry list. To be included on a
 1496  registry, an attorney must certify that he or she:
 1497         1. Meets any minimum requirements established by the chief
 1498  judge and by general law for court appointment;
 1499         2. Is available to represent indigent defendants in cases
 1500  requiring court appointment of private counsel; and
 1501         3. Is willing to abide by the terms of the contract for
 1502  services, s. 27.5304, and this section.
 1503  
 1504  To be included on a registry, an attorney must enter into a
 1505  contract for services with the Justice Administrative
 1506  Commission. Failure to comply with the terms of the contract for
 1507  services may result in termination of the contract and removal
 1508  from the registry. Each attorney on the registry is responsible
 1509  for notifying the clerk of the court and the Justice
 1510  Administrative Commission of any change in his or her status.
 1511  Failure to comply with this requirement is cause for termination
 1512  of the contract for services and removal from the registry until
 1513  the requirement is fulfilled.
 1514         (5) The Justice Administrative Commission shall approve
 1515  uniform contract forms for use in procuring the services of
 1516  private court-appointed counsel and uniform procedures and forms
 1517  for use by a court-appointed attorney in support of billing for
 1518  attorney’s fees, costs, and related expenses to demonstrate the
 1519  attorney’s completion of specified duties. Such uniform
 1520  contracts and forms for use in billing must be consistent with
 1521  s. 27.5304, s. 216.311, and the General Appropriations Act and
 1522  must contain the following statement: “The State of Florida’s
 1523  performance and obligation to pay under this contract is
 1524  contingent upon an annual appropriation by the Legislature.”
 1525         (6) After court appointment, the attorney must immediately
 1526  file a notice of appearance with the court indicating acceptance
 1527  of the appointment to represent the defendant and of the terms
 1528  of the uniform contract as specified in subsection (5).
 1529         (7)(a) A private attorney appointed by the court from the
 1530  registry to represent a client is entitled to payment as
 1531  provided in s. 27.5304 so long as the requirements of subsection
 1532  (1) and paragraph (2)(a) are met. An attorney appointed by the
 1533  court who is not on the registry list may be compensated under
 1534  s. 27.5304 only if the court finds in the order of appointment
 1535  that there were no registry attorneys available for
 1536  representation for that case and only if the requirements of
 1537  subsection (1) and paragraph (2)(a) are met.
 1538         (b)1. The flat fee established in s. 27.5304 and the
 1539  General Appropriations Act shall be presumed by the court to be
 1540  sufficient compensation. The attorney shall maintain appropriate
 1541  documentation, including contemporaneous and detailed hourly
 1542  accounting of time spent representing the client. If the
 1543  attorney fails to maintain such contemporaneous and detailed
 1544  hourly records, the attorney waives the right to seek
 1545  compensation in excess of the flat fee established in s. 27.5304
 1546  and the General Appropriations Act. These records and documents
 1547  are subject to review by the Justice Administrative Commission
 1548  and audit by the Auditor General, subject to the attorney-client
 1549  privilege and work-product privilege. The attorney shall
 1550  maintain the records and documents in a manner that enables the
 1551  attorney to redact any information subject to a privilege in
 1552  order to facilitate the commission’s review of the records and
 1553  documents and not to impede such review. The attorney may redact
 1554  information from the records and documents only to the extent
 1555  necessary to comply with the privilege. The Justice
 1556  Administrative Commission shall review such records and shall
 1557  contemporaneously document such review before authorizing
 1558  payment to an attorney. Objections by or on behalf of the
 1559  Justice Administrative Commission to records or documents or to
 1560  claims for payment by the attorney shall be presumed correct by
 1561  the court unless the court determines in writing competent and
 1562  substantial evidence exists to justify overcoming the
 1563  presumption.
 1564         2. If an attorney fails, refuses, or declines to permit the
 1565  commission or the Auditor General to review documentation for a
 1566  case as provided in this paragraph, the attorney waives the
 1567  right to seek, and the commission may not pay, compensation in
 1568  excess of the flat fee established in s. 27.5304 and the General
 1569  Appropriations Act for that case.
 1570         3. A finding by the commission that an attorney has waived
 1571  the right to seek compensation in excess of the flat fee
 1572  established in s. 27.5304 and the General Appropriations Act, as
 1573  provided in this paragraph, shall be is presumed to be correct
 1574  valid, unless the, as determined by a court determines, in
 1575  writing, that competent and substantial evidence exists to
 1576  justify overcoming the presumption, the commission’s finding is
 1577  not supported by competent and substantial evidence.
 1578         Section 57. The amendments to s. 27.40(1), (2)(a), (3)(a),
 1579  (5), (6), and (7), Florida Statutes, by this act expire July 1,
 1580  2020, and the text of those subsections and paragraphs, as
 1581  applicable, shall revert to that in existence on June 30, 2019,
 1582  except that any amendments to such text enacted other than by
 1583  this act shall be preserved and continue to operate to the
 1584  extent that such amendments are not dependent upon the portions
 1585  of text which expire pursuant to this section.
 1586         Section 58. In order to implement Specific Appropriations
 1587  761 through 784A, 952 through 1097, and 1118 through 1152 of the
 1588  2019-2020 General Appropriations Act, subsections (1), (3), (7),
 1589  and (11), paragraphs (a) through (e) of subsection (12), and
 1590  subsection (13) of section 27.5304, Florida Statutes, are
 1591  amended to read:
 1592         27.5304 Private court-appointed counsel; compensation;
 1593  notice.—
 1594         (1) Private court-appointed counsel appointed in the manner
 1595  prescribed in s. 27.40(1) and (2)(a) shall be compensated by the
 1596  Justice Administrative Commission only as provided in this
 1597  section and the General Appropriations Act. The flat fees
 1598  prescribed in this section are limitations on compensation. The
 1599  specific flat fee amounts for compensation shall be established
 1600  annually in the General Appropriations Act. The attorney also
 1601  shall be reimbursed for reasonable and necessary expenses in
 1602  accordance with s. 29.007. If the attorney is representing a
 1603  defendant charged with more than one offense in the same case,
 1604  the attorney shall be compensated at the rate provided for the
 1605  most serious offense for which he or she represented the
 1606  defendant. This section does not allow stacking of the fee
 1607  limits established by this section.
 1608         (3) The court retains primary authority and responsibility
 1609  for determining the reasonableness of all billings for attorney
 1610  fees, costs, and related expenses, subject to statutory
 1611  limitations and the requirements of s. 27.40(7). Private court
 1612  appointed counsel is entitled to compensation upon final
 1613  disposition of a case.
 1614         (7) Counsel eligible entitled to receive compensation from
 1615  the state for representation pursuant to court appointment made
 1616  in accordance with the requirements of s. 27.40(1) and (2)(a) in
 1617  a proceeding under chapter 384, chapter 390, chapter 392,
 1618  chapter 393, chapter 394, chapter 397, chapter 415, chapter 743,
 1619  chapter 744, or chapter 984 shall receive compensation not to
 1620  exceed the limits prescribed in the General Appropriations Act.
 1621  Any such compensation must be determined as provided in s.
 1622  27.40(7).
 1623         (11) It is the intent of the Legislature that the flat fees
 1624  prescribed under this section and the General Appropriations Act
 1625  comprise the full and complete compensation for private court
 1626  appointed counsel. It is further the intent of the Legislature
 1627  that the fees in this section are prescribed for the purpose of
 1628  providing counsel with notice of the limit on the amount of
 1629  compensation for representation in particular proceedings and
 1630  the sole procedure and requirements for obtaining payment for
 1631  the same.
 1632         (a) If court-appointed counsel moves to withdraw prior to
 1633  the full performance of his or her duties through the completion
 1634  of the case, the court shall presume that the attorney is not
 1635  entitled to the payment of the full flat fee established under
 1636  this section and the General Appropriations Act.
 1637         (b) If court-appointed counsel is allowed to withdraw from
 1638  representation prior to the full performance of his or her
 1639  duties through the completion of the case and the court appoints
 1640  a subsequent attorney, the total compensation for the initial
 1641  and any and all subsequent attorneys may not exceed the flat fee
 1642  established under this section and the General Appropriations
 1643  Act, except as provided in subsection (12).
 1644  
 1645  This subsection constitutes notice to any subsequently appointed
 1646  attorney that he or she will not be compensated the full flat
 1647  fee.
 1648         (12) The Legislature recognizes that on rare occasions an
 1649  attorney may receive a case that requires extraordinary and
 1650  unusual effort.
 1651         (a) If counsel seeks compensation that exceeds the limits
 1652  prescribed by law, he or she must file a motion with the chief
 1653  judge for an order approving payment of attorney fees in excess
 1654  of these limits.
 1655         1. Before filing the motion, the counsel shall deliver a
 1656  copy of the intended billing, together with supporting
 1657  affidavits and all other necessary documentation, to the Justice
 1658  Administrative Commission.
 1659         2. The Justice Administrative Commission shall review the
 1660  billings, affidavit, and documentation for completeness and
 1661  compliance with contractual and statutory requirements and shall
 1662  contemporaneously document such review before authorizing
 1663  payment to an attorney. If the Justice Administrative Commission
 1664  objects to any portion of the proposed billing, the objection
 1665  and supporting reasons must be communicated in writing to the
 1666  private court-appointed counsel. The counsel may thereafter file
 1667  his or her motion, which must specify whether the commission
 1668  objects to any portion of the billing or the sufficiency of
 1669  documentation, and shall attach the commission’s letter stating
 1670  its objection.
 1671         (b) Following receipt of the motion to exceed the fee
 1672  limits, the chief judge or a single designee shall hold an
 1673  evidentiary hearing. The chief judge may select only one judge
 1674  per circuit to hear and determine motions pursuant to this
 1675  subsection, except multicounty circuits and the eleventh circuit
 1676  may have up to two designees.
 1677         1. At the hearing, the attorney seeking compensation must
 1678  prove by competent and substantial evidence that the case
 1679  required extraordinary and unusual efforts. The chief judge or
 1680  single designee shall consider criteria such as the number of
 1681  witnesses, the complexity of the factual and legal issues, and
 1682  the length of trial. The fact that a trial was conducted in a
 1683  case does not, by itself, constitute competent substantial
 1684  evidence of an extraordinary and unusual effort. In a criminal
 1685  case, relief under this section may not be granted if the number
 1686  of work hours does not exceed 75 or the number of the state’s
 1687  witnesses deposed does not exceed 20.
 1688         2. Objections by or on behalf of the Justice Administrative
 1689  Commission to records or documents or to claims for payment by
 1690  the attorney shall be presumed correct by the court unless the
 1691  court determines, in writing, that competent and substantial
 1692  evidence exists to justify overcoming the presumption. The chief
 1693  judge or single designee shall enter a written order detailing
 1694  his or her findings and identifying the extraordinary nature of
 1695  the time and efforts of the attorney in the case which warrant
 1696  exceeding the flat fee established by this section and the
 1697  General Appropriations Act.
 1698         (c) A copy of the motion and attachments shall be served on
 1699  the Justice Administrative Commission at least 20 5 business
 1700  days before the date of a hearing. The Justice Administrative
 1701  Commission has standing to appear before the court, and may
 1702  appear in person or telephonically, including at the hearing
 1703  under paragraph (b), to contest any motion for an order
 1704  approving payment of attorney fees, costs, or related expenses
 1705  and may participate in a hearing on the motion by use of
 1706  telephonic or other communication equipment. The Justice
 1707  Administrative Commission may contract with other public or
 1708  private entities or individuals to appear before the court for
 1709  the purpose of contesting any motion for an order approving
 1710  payment of attorney fees, costs, or related expenses. The fact
 1711  that the Justice Administrative Commission has not objected to
 1712  any portion of the billing or to the sufficiency of the
 1713  documentation is not binding on the court.
 1714         (d) If the chief judge or a single designee finds that
 1715  counsel has proved by competent and substantial evidence that
 1716  the case required extraordinary and unusual efforts, the chief
 1717  judge or single designee shall order the compensation to be paid
 1718  to the attorney at a percentage above the flat fee rate,
 1719  depending on the extent of the unusual and extraordinary effort
 1720  required. The percentage must be only the rate necessary to
 1721  ensure that the fees paid are not confiscatory under common law.
 1722  The percentage may not exceed 200 percent of the established
 1723  flat fee, absent a specific finding that 200 percent of the flat
 1724  fee in the case would be confiscatory. If the chief judge or
 1725  single designee determines that 200 percent of the flat fee
 1726  would be confiscatory, he or she shall order the amount of
 1727  compensation using an hourly rate not to exceed $75 per hour for
 1728  a noncapital case and $100 per hour for a capital case. However,
 1729  the compensation calculated by using the hourly rate shall be
 1730  only that amount necessary to ensure that the total fees paid
 1731  are not confiscatory, subject to the requirements of s.
 1732  27.40(7).
 1733         (e) Any order granting relief under this subsection must be
 1734  attached to the final request for a payment submitted to the
 1735  Justice Administrative Commission and must satisfy the
 1736  requirements of subparagraph (b)2.
 1737         (13) Notwithstanding the limitation set forth in subsection
 1738  (5) and for the 2019-2020 2018-2019 fiscal year only, the
 1739  compensation for representation in a criminal proceeding may not
 1740  exceed the following:
 1741         (a) For misdemeanors and juveniles represented at the trial
 1742  level: $1,000.
 1743         (b) For noncapital, nonlife felonies represented at the
 1744  trial level: $15,000.
 1745         (c) For life felonies represented at the trial level:
 1746  $15,000.
 1747         (d) For capital cases represented at the trial level:
 1748  $25,000. For purposes of this paragraph, a “capital case” is any
 1749  offense for which the potential sentence is death and the state
 1750  has not waived seeking the death penalty.
 1751         (e) For representation on appeal: $9,000.
 1752         (f) This subsection expires July 1, 2020 2019.
 1753         Section 59. The amendments to s. 27.5304(1), (3), (7),
 1754  (11), and (12)(a)-(e), Florida Statutes, by this act expire July
 1755  1, 2020, and the text of those subsections and paragraphs, as
 1756  applicable, shall revert to that in existence on June 30, 2019,
 1757  except that any amendments to such text enacted other than by
 1758  this act shall be preserved and continue to operate to the
 1759  extent that such amendments are not dependent upon the portions
 1760  of text which expire pursuant to this section.
 1761         Section 60. In order to implement Specific Appropriation
 1762  770 of the 2019-2020 General Appropriations Act, and
 1763  notwithstanding s. 28.35, Florida Statutes, the clerks of the
 1764  circuit court are responsible for any costs of compensation to
 1765  jurors, for meals or lodging provided to jurors, and for jury
 1766  related personnel costs that exceed the funding provided in the
 1767  General Appropriations Act for these purposes. This section
 1768  expires July 1, 2020.
 1769         Section 61. In order to implement Specific Appropriations
 1770  952 through 1097 of the 2019-2020 General Appropriations Act,
 1771  and notwithstanding the expiration date in section 40 of chapter
 1772  2018-10, Laws of Florida, paragraph (c) of subsection (19) of
 1773  section 318.18, Florida Statutes, is reenacted to read:
 1774         318.18 Amount of penalties.—The penalties required for a
 1775  noncriminal disposition pursuant to s. 318.14 or a criminal
 1776  offense listed in s. 318.17 are as follows:
 1777         (19) In addition to any penalties imposed, an Article V
 1778  assessment of $10 must be paid for all noncriminal moving and
 1779  nonmoving violations under chapters 316, 320, and 322. The
 1780  assessment is not revenue for purposes of s. 28.36 and may not
 1781  be used in establishing the budget of the clerk of the court
 1782  under that section or s. 28.35. Of the funds collected under
 1783  this subsection:
 1784         (c) The sum of $1.67 shall be deposited in the Indigent
 1785  Criminal Defense Trust Fund for use by the public defenders.
 1786         Section 62. In order to implement Specific Appropriations
 1787  952 through 1097 of the 2019-2020 General Appropriations Act,
 1788  and notwithstanding the expiration date in section 42 of chapter
 1789  2018-10, Laws of Florida, paragraph (b) of subsection (12) of
 1790  section 817.568, Florida Statutes, is reenacted to read:
 1791         817.568 Criminal use of personal identification
 1792  information.—
 1793         (12) In addition to any sanction imposed when a person
 1794  pleads guilty or nolo contendere to, or is found guilty of,
 1795  regardless of adjudication, a violation of this section, the
 1796  court shall impose a surcharge of $1,001.
 1797         (b) The sum of $250 of the surcharge shall be deposited
 1798  into the State Attorneys Revenue Trust Fund for the purpose of
 1799  funding prosecutions of offenses relating to the criminal use of
 1800  personal identification information. The sum of $250 of the
 1801  surcharge shall be deposited into the Indigent Criminal Defense
 1802  Trust Fund for the purposes of indigent criminal defense related
 1803  to the criminal use of personal identification information.
 1804         Section 63. The text of ss. 318.18(19)(c) and
 1805  817.568(12)(b), Florida Statutes, as carried forward from
 1806  chapter 2018-10, Laws of Florida, by this act, expires July 1,
 1807  2020, and the text of those paragraphs shall revert to that in
 1808  existence on June 30, 2018, except that any amendments to such
 1809  text enacted other than by this act shall be preserved and
 1810  continue to operate to the extent that such amendments are not
 1811  dependent upon the portions of text which expire pursuant to
 1812  this section.
 1813         Section 64. In order to implement Specific Appropriation
 1814  3210 of the 2019-2020 General Appropriations Act, and
 1815  notwithstanding s. 112.061(4), Florida Statutes:
 1816         (1)(a)A Supreme Court justice who permanently resides
 1817  outside Leon County is eligible for the designation of a
 1818  district court of appeal courthouse, a county courthouse, or
 1819  other appropriate facility in his or her district of residence
 1820  as his or her official headquarters for purposes of s. 112.061,
 1821  Florida Statutes. This official headquarters may serve only as
 1822  the justice’s private chambers.
 1823         (b)1.A justice for whom an official headquarters is
 1824  designated in his or her district of residence under this
 1825  subsection is eligible for subsistence at a rate to be
 1826  established by the Chief Justice for each day or partial day
 1827  that the justice is at the headquarters of the Supreme Court to
 1828  conduct court business, as authorized by the Chief Justice. The
 1829  Chief Justice may authorize a justice to choose between
 1830  subsistence based on lodging at a single-occupancy rate and meal
 1831  reimbursement as provided in s. 112.061, Florida Statutes, and
 1832  subsistence at a fixed rate prescribed by the Chief Justice.
 1833         2.In addition to subsistence, a justice is eligible for
 1834  reimbursement for travel expenses as provided in s. 112.061(7)
 1835  and (8), Florida Statutes, for travel between the justice’s
 1836  official headquarters and the headquarters of the Supreme Court
 1837  to conduct court business.
 1838         (c)Payment of subsistence and reimbursement for travel
 1839  expenses relating to travel between a justice’s official
 1840  headquarters and the headquarters of the Supreme Court shall be
 1841  made to the extent appropriated funds are available, as
 1842  determined by the Chief Justice.
 1843         (2)The Chief Justice shall coordinate with each affected
 1844  justice and other state and local officials as necessary to
 1845  implement subsection (1).
 1846         (3)(a)This section does not require a county to provide
 1847  space in a county courthouse for a justice. A county may enter
 1848  into an agreement with the Supreme Court governing the use of
 1849  space in a county courthouse.
 1850         (b)The Supreme Court may not use state funds to lease
 1851  space in a district court of appeal courthouse, a county
 1852  courthouse, or another facility to allow a justice to establish
 1853  an official headquarters pursuant to subsection (1).
 1854         (4)The Chief Justice may establish parameters governing
 1855  the authority provided in this section, including specifying
 1856  minimum operational requirements for the designated
 1857  headquarters, limiting the number of days for which subsistence
 1858  and travel reimbursement may be provided, and prescribing
 1859  activities that qualify as the conduct of court business.
 1860         (5)This section expires July 1, 2020.
 1861         Section 65. In order to implement appropriations used to
 1862  pay existing lease contracts for private lease space in excess
 1863  of 2,000 square feet in the 2019-2020 General Appropriations
 1864  Act, the Department of Management Services, with the cooperation
 1865  of the agencies having the existing lease contracts for office
 1866  or storage space, shall use tenant broker services to
 1867  renegotiate or reprocure all private lease agreements for office
 1868  or storage space expiring between July 1, 2020, and June 30,
 1869  2022, in order to reduce costs in future years. The department
 1870  shall incorporate this initiative into its 2019 master leasing
 1871  report required under s. 255.249(7), Florida Statutes, and may
 1872  use tenant broker services to explore the possibilities of
 1873  collocating office or storage space, to review the space needs
 1874  of each agency, and to review the length and terms of potential
 1875  renewals or renegotiations. The department shall provide a
 1876  report to the Executive Office of the Governor, the President of
 1877  the Senate, and the Speaker of the House of Representatives by
 1878  November 1, 2019, which lists each lease contract for private
 1879  office or storage space, the status of renegotiations, and the
 1880  savings achieved. This section expires July 1, 2020.
 1881         Section 66. In order to implement Specific Appropriations
 1882  2839 through 2850A of the 2019-2020 General Appropriations Act,
 1883  and notwithstanding rule 60A-1.031, Florida Administrative Code,
 1884  the transaction fee collected for use of the online procurement
 1885  system, authorized in ss. 287.042(1)(h)1. and 287.057(22)(c),
 1886  Florida Statutes, is seven-tenths of 1 percent for the 2019-2020
 1887  fiscal year only. This section expires July 1, 2020.
 1888         Section 67. In order to implement appropriations authorized
 1889  in the 2019-2020 General Appropriations Act for data center
 1890  services, and notwithstanding s. 216.292(2)(a), Florida
 1891  Statutes, an agency may not transfer funds from a data
 1892  processing category to a category other than another data
 1893  processing category. This section expires July 1, 2020.
 1894         Section 68. In order to implement the appropriation of
 1895  funds in the appropriation category “Data Processing Assessment
 1896  Agency for State Technology” in the 2019-2020 General
 1897  Appropriations Act, and pursuant to the notice, review, and
 1898  objection procedures of s. 216.177, Florida Statutes, the
 1899  Executive Office of the Governor may transfer funds appropriated
 1900  in that category between departments in order to align the
 1901  budget authority granted based on the estimated billing cycle
 1902  and methodology used by the Agency for State Technology for data
 1903  processing services provided. This section expires July 1, 2020.
 1904         Section 69. In order to implement the appropriation of
 1905  funds in the appropriation category “Special Categories-Risk
 1906  Management Insurance” in the 2019-2020 General Appropriations
 1907  Act, and pursuant to the notice, review, and objection
 1908  procedures of s. 216.177, Florida Statutes, the Executive Office
 1909  of the Governor may transfer funds appropriated in that category
 1910  between departments in order to align the budget authority
 1911  granted with the premiums paid by each department for risk
 1912  management insurance. This section expires July 1, 2020.
 1913         Section 70. In order to implement the appropriation of
 1914  funds in the appropriation category “Special Categories-Transfer
 1915  to Department of Management Services-Human Resources Services
 1916  Purchased per Statewide Contract” in the 2019-2020 General
 1917  Appropriations Act, and pursuant to the notice, review, and
 1918  objection procedures of s. 216.177, Florida Statutes, the
 1919  Executive Office of the Governor may transfer funds appropriated
 1920  in that category between departments in order to align the
 1921  budget authority granted with the assessments that must be paid
 1922  by each agency to the Department of Management Services for
 1923  human resource management services. This section expires July 1,
 1924  2020.
 1925         Section 71. In order to implement Specific Appropriations
 1926  2421 through 2424 of the 2019-2020 General Appropriations Act:
 1927         (1)The Department of Financial Services shall replace the
 1928  four main components of the Florida Accounting Information
 1929  Resource Subsystem (FLAIR), which include central FLAIR,
 1930  departmental FLAIR, payroll, and information warehouse, and
 1931  shall replace the cash management and accounting management
 1932  components of the Cash Management Subsystem (CMS) with an
 1933  integrated enterprise system that allows the state to organize,
 1934  define, and standardize its financial management business
 1935  processes and that complies with ss. 215.90-215.96, Florida
 1936  Statutes. The department may not include in the replacement of
 1937  FLAIR and CMS:
 1938         (a)Functionality that duplicates any of the other
 1939  information subsystems of the Florida Financial Management
 1940  Information System; or
 1941         (b)Agency business processes related to any of the
 1942  functions included in the Personnel Information System, the
 1943  Purchasing Subsystem, or the Legislative Appropriations
 1944  System/Planning and Budgeting Subsystem.
 1945         (2)For purposes of replacing FLAIR and CMS, the Department
 1946  of Financial Services shall:
 1947         (a)Take into consideration the cost and implementation
 1948  data identified for Option 3 as recommended in the March 31,
 1949  2014, Florida Department of Financial Services FLAIR Study,
 1950  version 031.
 1951         (b)Ensure that all business requirements and technical
 1952  specifications have been provided to all state agencies for
 1953  their review and input and approved by the executive steering
 1954  committee established in paragraph (c).
 1955         (c)Implement a project governance structure that includes
 1956  an executive steering committee composed of:
 1957         1.The Chief Financial Officer or the executive sponsor of
 1958  the project.
 1959         2.A representative of the Division of Treasury of the
 1960  Department of Financial Services, appointed by the Chief
 1961  Financial Officer.
 1962         3.A representative of the Division of Information Systems
 1963  of the Department of Financial Services, appointed by the Chief
 1964  Financial Officer.
 1965         4.Four employees from the Division of Accounting and
 1966  Auditing of the Department of Financial Services, appointed by
 1967  the Chief Financial Officer. Each employee must have experience
 1968  relating to at least one of the four main components that
 1969  compose FLAIR.
 1970         5.Two employees from the Executive Office of the Governor,
 1971  appointed by the Governor. One employee must have experience
 1972  relating to the Legislative Appropriations System/Planning and
 1973  Budgeting Subsystem.
 1974         6.One employee from the Department of Revenue, appointed
 1975  by the executive director, who has experience relating to the
 1976  department’s SUNTAX system.
 1977         7.Two employees from the Department of Management
 1978  Services, appointed by the Secretary of Management Services. One
 1979  employee must have experience relating to the department’s
 1980  personnel information subsystem, and one employee must have
 1981  experience relating to the department’s purchasing subsystem.
 1982         8.Three state agency administrative services directors,
 1983  appointed by the Governor. One director must represent a
 1984  regulatory and licensing state agency, and one director must
 1985  represent a health care-related state agency.
 1986         (3)The Chief Financial Officer or the executive sponsor of
 1987  the project shall serve as chair of the executive steering
 1988  committee, and the committee shall take action by a vote of at
 1989  least eight affirmative votes with the Chief Financial Officer
 1990  or the executive sponsor of the project voting on the prevailing
 1991  side. A quorum of the executive steering committee consists of
 1992  at least 10 members.
 1993         (4)The executive steering committee has the overall
 1994  responsibility for ensuring that the project to replace FLAIR
 1995  and CMS meets its primary business objectives and shall:
 1996         (a)Identify and recommend to the Executive Office of the
 1997  Governor, the President of the Senate, and the Speaker of the
 1998  House of Representatives any statutory changes needed to
 1999  implement the replacement subsystem that will standardize, to
 2000  the fullest extent possible, the state’s financial management
 2001  business processes.
 2002         (b)Review and approve any changes to the project’s scope,
 2003  schedule, and budget which do not conflict with the requirements
 2004  of subsection (1).
 2005         (c)Ensure that adequate resources are provided throughout
 2006  all phases of the project.
 2007         (d)Approve all major project deliverables.
 2008         (e)Approve all solicitation-related documents associated
 2009  with the replacement of FLAIR and CMS.
 2010         (5)This section expires July 1, 2020.
 2011         Section 72. In order to implement appropriations in the
 2012  2019-2020 General Appropriations Act for executive branch and
 2013  judicial branch employee travel, the executive branch state
 2014  agencies and the judicial branch must collaborate with the
 2015  Executive Office of the Governor and the Department of
 2016  Management Services to implement the statewide travel management
 2017  system funded in Specific Appropriation 2788 in the 2019-2020
 2018  General Appropriations Act. For the purpose of complying with s.
 2019  112.061, Florida Statutes, all executive branch state agencies
 2020  and the judicial branch must use the statewide travel management
 2021  system. This section expires July 1, 2020.
 2022         Section 73. In order to implement Specific Appropriations
 2023  2782 through 2793A of the 2019-2020 General Appropriations Act,
 2024  all powers, duties, functions, records, personnel, property,
 2025  pending issues and existing contracts, administrative authority,
 2026  and administrative rules in chapter 74-3, Florida Administrative
 2027  Code, of the Budget and Policy Section and the Cost Recovery and
 2028  Billing Section within the Agency for State Technology are
 2029  transferred by a type two transfer, as defined in s. 20.06(2),
 2030  Florida Statutes, to the Department of Management Services. This
 2031  section expires July 1, 2020.
 2032         Section 74. In order to implement Specific Appropriations
 2033  2782 through 2793A of the 2019-2020 General Appropriations Act,
 2034  subsection (4) of section 20.22, Florida Statutes, is amended to
 2035  read:
 2036         20.22 Department of Management Services.—There is created a
 2037  Department of Management Services.
 2038         (4) The Department of Management Services shall provide the
 2039  Agency for State Technology with financial management oversight.
 2040  The agency shall provide the department all documents and
 2041  necessary information, as requested, to meet the requirements of
 2042  this section. The department’s financial management oversight
 2043  includes:
 2044         (a) Developing and implementing cost-recovery mechanisms
 2045  for the administrative and data center costs of services through
 2046  agency assessments of applicable customer entities. Such cost
 2047  recovery mechanisms must comply with applicable state and
 2048  federal regulations concerning the distribution and use of funds
 2049  and must ensure that, for each fiscal year, no service or
 2050  customer entity subsidizes another service or customer entity.
 2051         (b) Implementing an annual reconciliation process to ensure
 2052  that each customer entity is paying for the full direct and
 2053  indirect cost of each service as determined by the customer
 2054  entity’s use of each service.
 2055         (c) Providing rebates that may be credited against future
 2056  billings to customer entities when revenues exceed costs.
 2057         (d) Requiring each customer entity to transfer sufficient
 2058  funds into the appropriate data processing appropriation
 2059  category before implementing a customer entity’s request for a
 2060  change in the type or level of service provided, if such change
 2061  results in a net increase to the customer entity’s costs for
 2062  that fiscal year.
 2063         (e) By October 1, 2019 2018, providing to each customer
 2064  entity’s agency head the estimated agency assessment cost by the
 2065  Agency for State Technology for the following fiscal year. The
 2066  agency assessment cost of each customer entity includes
 2067  administrative and data center services costs of the agency.
 2068         (f) Preparing the legislative budget request for the Agency
 2069  for State Technology based on the issues requested and approved
 2070  by the executive director of the Agency for State Technology.
 2071  Upon the approval of the agency’s executive director, the
 2072  Department of Management Services shall transmit the agency’s
 2073  legislative budget request to the Governor and the Legislature
 2074  pursuant to s. 216.023.
 2075         (g) Providing a plan for consideration by the Legislative
 2076  Budget Commission if the Agency for State Technology increases
 2077  the cost of a service for a reason other than a customer
 2078  entity’s request made under paragraph (d). Such a plan is
 2079  required only if the service cost increase results in a net
 2080  increase to a customer entity.
 2081         (h) Providing a timely invoicing methodology to recover the
 2082  cost of services provided to the customer entity pursuant to s.
 2083  215.422.
 2084         (i) Providing an annual reconciliation process of prior
 2085  year expenditures completed on a timely basis and overall budget
 2086  management pursuant to chapter 216.
 2087  
 2088  (j) This subsection expires July 1, 2020 2019.
 2089         Section 75. In order to implement Specific Appropriations
 2090  1573 through 1579A of the 2019-2020 General Appropriations Act,
 2091  subsection (9) of section 20.255, Florida Statutes, is amended
 2092  to read:
 2093         20.255 Department of Environmental Protection.—There is
 2094  created a Department of Environmental Protection.
 2095         (9) The department shall act as the lead agency of the
 2096  executive branch for the development and review of policies,
 2097  practices, and standards related to geospatial data. The
 2098  department shall coordinate and promote geospatial data sharing
 2099  throughout the state government and serve as the primary point
 2100  of contact for statewide geographic information systems
 2101  projects, grants, and resources. This subsection expires July 1,
 2102  2020 2019.
 2103         Section 76. Effective July 1, 2019, and upon the expiration
 2104  and reversion of the amendments made to section 20.61, Florida
 2105  Statutes, pursuant to section 61 of chapter 2018-10, Laws of
 2106  Florida, and in order to implement Specific Appropriation 3008F
 2107  of the 2019-2020 General Appropriations Act, section 20.61,
 2108  Florida Statutes, is amended to read:
 2109         20.61 Agency for State Technology.—The Agency for State
 2110  Technology is created within the Department of Management
 2111  Services. The agency is a separate budget program and is not
 2112  subject to control, supervision, or direction by the Department
 2113  of Management Services, including, but not limited to,
 2114  purchasing, transactions involving real or personal property, or
 2115  personnel, with the exception of financial management, which
 2116  shall be provided by the Department of Management Services
 2117  pursuant to s. 20.22 or budgetary matters.
 2118         (1)(a) The executive director of the agency shall serve as
 2119  the state’s chief information officer and shall be appointed by
 2120  the Governor, subject to confirmation by the Senate.
 2121         (b) The executive director must be a proven, effective
 2122  administrator who preferably has executive-level experience in
 2123  both the public and private sectors in development and
 2124  implementation of information technology strategic planning;
 2125  management of enterprise information technology projects,
 2126  particularly management of large-scale consolidation projects;
 2127  and development and implementation of fiscal and substantive
 2128  information technology policy.
 2129         (2) The following positions are established within the
 2130  agency, all of whom shall be appointed by the executive
 2131  director:
 2132         (a) Deputy executive director, who shall serve as the
 2133  deputy chief information officer.
 2134         (b) Chief planning officer and six strategic planning
 2135  coordinators. One coordinator shall be assigned to each of the
 2136  following major program areas: health and human services,
 2137  education, government operations, criminal and civil justice,
 2138  agriculture and natural resources, and transportation and
 2139  economic development.
 2140         (c) Chief operations officer.
 2141         (d) Chief information security officer.
 2142         (e) Chief technology officer.
 2143         (2)(3) The Technology Advisory Council, consisting of seven
 2144  members, is established within the Agency for State Technology
 2145  and shall be maintained pursuant to s. 20.052. Four members of
 2146  the council shall be appointed by the Governor, two of whom must
 2147  be from the private sector and one of whom must be a
 2148  cybersecurity expert. The President of the Senate and the
 2149  Speaker of the House of Representatives shall each appoint one
 2150  member of the council. The Attorney General, the Commissioner of
 2151  Agriculture and Consumer Services, and the Chief Financial
 2152  Officer shall jointly appoint one member by agreement of a
 2153  majority of these officers. Upon initial establishment of the
 2154  council, two of the Governor’s appointments shall be for 2-year
 2155  terms. Thereafter, all appointments shall be for 4-year terms.
 2156         (a) The council shall consider and make recommendations to
 2157  the executive director on such matters as enterprise information
 2158  technology policies, standards, services, and architecture. The
 2159  council may also identify and recommend opportunities for the
 2160  establishment of public-private partnerships when considering
 2161  technology infrastructure and services in order to accelerate
 2162  project delivery and provide a source of new or increased
 2163  project funding.
 2164         (b) The executive director shall consult with the council
 2165  with regard to executing the duties and responsibilities of the
 2166  agency related to statewide information technology strategic
 2167  planning and policy.
 2168         (c) The council shall be governed by the Code of Ethics for
 2169  Public Officers and Employees as set forth in part III of
 2170  chapter 112, and each member must file a statement of financial
 2171  interests pursuant to s. 112.3145.
 2172         Section 77. The amendment to s. 20.61, Florida Statutes, by
 2173  this act expires July 1, 2020, and the text of that section
 2174  shall revert to that in existence on June 30, 2018, except that
 2175  any amendments to such text enacted other than by this act shall
 2176  be preserved and continue to operate to the extent that such
 2177  amendments are not dependent upon the portions of text which
 2178  expire pursuant to this section.
 2179         Section 78. In order to implement Specific Appropriations
 2180  3008A through 3008AA of the 2019-2020 General Appropriations
 2181  Act, and notwithstanding the expiration date in section 61 of
 2182  chapter 2018-10, Laws of Florida, subsections (5), (20), and
 2183  (28) of section 282.0041, Florida Statutes, are reenacted to
 2184  read:
 2185         282.0041 Definitions.—As used in this chapter, the term:
 2186         (5) “Customer entity” means an entity that obtains services
 2187  from the Agency for State Technology.
 2188         (20) “Service-level agreement” means a written contract
 2189  between the Agency for State Technology and a customer entity
 2190  which specifies the scope of services provided, service level,
 2191  the duration of the agreement, the responsible parties, and
 2192  agency assessment costs, which include administrative and data
 2193  center costs. A service-level agreement is not a rule pursuant
 2194  to chapter 120.
 2195         (28) “Agency assessment” means the amount each customer
 2196  entity must pay annually for services from the Agency for State
 2197  Technology and includes administrative and data center services
 2198  costs.
 2199         Section 79. In order to implement Specific Appropriations
 2200  3008I through 3008AA of the 2019-2020 General Appropriations
 2201  Act, and notwithstanding the expiration date in section 61 of
 2202  chapter 2018-10, Laws of Florida, subsection (11) of section
 2203  282.0051, Florida Statutes, is reenacted to read:
 2204         282.0051 Agency for State Technology; powers, duties, and
 2205  functions.—The Agency for State Technology shall have the
 2206  following powers, duties, and functions:
 2207         (11) Provide operational management and oversight of the
 2208  state data center established pursuant to s. 282.201, which
 2209  includes:
 2210         (a) Implementing industry standards and best practices for
 2211  the state data center’s facilities, operations, maintenance,
 2212  planning, and management processes.
 2213         (b) Developing and implementing appropriate operating
 2214  guidelines and procedures necessary for the state data center to
 2215  perform its duties pursuant to s. 282.201. The guidelines and
 2216  procedures must comply with applicable state and federal laws,
 2217  regulations, and policies and conform to generally accepted
 2218  governmental accounting and auditing standards. The guidelines
 2219  and procedures must include, but not be limited to:
 2220         1. Implementing a consolidated administrative support
 2221  structure responsible for providing procurement, transactions
 2222  involving real or personal property, human resources, and
 2223  operational support.
 2224         2. Standardizing and consolidating procurement and
 2225  contracting practices.
 2226         (c) In collaboration with the Department of Law
 2227  Enforcement, developing and implementing a process for
 2228  detecting, reporting, and responding to information technology
 2229  security incidents, breaches, and threats.
 2230         (d) Adopting rules relating to the operation of the state
 2231  data center.
 2232         (e) Beginning May 1, 2016, and annually thereafter,
 2233  conducting a market analysis to determine whether the state’s
 2234  approach to the provision of data center services is the most
 2235  effective and efficient manner by which its customer entities
 2236  can acquire such services, based on federal, state, and local
 2237  government trends; best practices in service provision; and the
 2238  acquisition of new and emerging technologies. The results of the
 2239  market analysis shall assist the state data center in making
 2240  adjustments to its data center service offerings.
 2241         Section 80. In order to implement Specific Appropriation
 2242  3008F of the 2019-2020 General Appropriations Act, and
 2243  notwithstanding the expiration date in section 61 of chapter
 2244  2018-10, Laws of Florida, paragraph (d) of subsection (2) of
 2245  section 282.201, Florida Statutes, is reenacted to read:
 2246         282.201 State data center.—The state data center is
 2247  established within the Agency for State Technology and shall
 2248  provide data center services that are hosted on premises or
 2249  externally through a third-party provider as an enterprise
 2250  information technology service. The provision of data center
 2251  services must comply with applicable state and federal laws,
 2252  regulations, and policies, including all applicable security,
 2253  privacy, and auditing requirements.
 2254         (2) STATE DATA CENTER DUTIES.—The state data center shall:
 2255         (d) Enter into a service-level agreement with each customer
 2256  entity to provide the required type and level of service or
 2257  services. If a customer entity fails to execute an agreement
 2258  within 60 days after commencement of a service, the state data
 2259  center may cease service. A service-level agreement may not have
 2260  a term exceeding 3 years and at a minimum must:
 2261         1. Identify the parties and their roles, duties, and
 2262  responsibilities under the agreement.
 2263         2. State the duration of the contract term and specify the
 2264  conditions for renewal.
 2265         3. Identify the scope of work.
 2266         4. Identify the products or services to be delivered with
 2267  sufficient specificity to permit an external financial or
 2268  performance audit.
 2269         5. Establish the services to be provided, the business
 2270  standards that must be met for each service, the cost of each
 2271  service, and the metrics and processes by which the business
 2272  standards for each service are to be objectively measured and
 2273  reported.
 2274         6. Provide a procedure for modifying the service-level
 2275  agreement based on changes in the type, level, and cost of a
 2276  service.
 2277         7. Include a right-to-audit clause to ensure that the
 2278  parties to the agreement have access to records for audit
 2279  purposes during the term of the service-level agreement.
 2280         8. Provide that a service-level agreement may be terminated
 2281  by either party for cause only after giving the other party and
 2282  the Agency for State Technology notice in writing of the cause
 2283  for termination and an opportunity for the other party to
 2284  resolve the identified cause within a reasonable period.
 2285         9. Provide for mediation of disputes by the Division of
 2286  Administrative Hearings pursuant to s. 120.573.
 2287         Section 81. The text of s. 282.0041(5), (20), and (28),
 2288  Florida Statutes; s. 282.0051(11), Florida Statutes; and s.
 2289  282.201(2)(d), Florida Statutes, as carried forward from chapter
 2290  2018-10, Laws of Florida, by this act, expire July 1, 2020, and
 2291  the text of those subsections and paragraph, as applicable,
 2292  shall revert to that in existence on June 30, 2018, except that
 2293  any amendments to such text enacted other than by this act shall
 2294  be preserved and continue to operate to the extent that such
 2295  amendments are not dependent upon the portions of text which
 2296  expire pursuant to this section.
 2297         Section 82. If legislation substantially similar to the
 2298  amendments made in this act to ss. 20.22, 20.255, 20.61,
 2299  282.0041, 282.0051, and 282.201, Florida Statutes, as contained
 2300  in SB 1570, HB 5301, or similar legislation, is passed during
 2301  the 2019 Regular Session of the Legislature or an extension
 2302  thereof and becomes a law, then the provisions of sections 73,
 2303  74, 75, 76, 77, 78, 79, 80, and 81 of this act shall not take
 2304  effect.
 2305         Section 83. In order to implement Specific Appropriations
 2306  1654 through 1656 of the 2019-2020 General Appropriations Act,
 2307  paragraph (d) of subsection (11) of section 216.181, Florida
 2308  Statutes, is amended to read:
 2309         216.181 Approved budgets for operations and fixed capital
 2310  outlay.—
 2311         (11)
 2312         (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
 2313  for the 2019-2020 2018-2019 fiscal year only, the Legislative
 2314  Budget Commission may increase the amounts appropriated to the
 2315  Fish and Wildlife Conservation Commission or the Department of
 2316  Environmental Protection for fixed capital outlay projects,
 2317  including additional fixed capital outlay projects, using funds
 2318  provided to the state from the Gulf Environmental Benefit Fund
 2319  administered by the National Fish and Wildlife Foundation; funds
 2320  provided to the state from the Gulf Coast Restoration Trust Fund
 2321  related to the Resources and Ecosystems Sustainability, Tourist
 2322  Opportunities, and Revived Economies of the Gulf Coast Act of
 2323  2012 (RESTORE Act); or funds provided by the British Petroleum
 2324  Corporation (BP) for natural resource damage assessment
 2325  restoration projects. Concurrent with submission of an amendment
 2326  to the Legislative Budget Commission pursuant to this paragraph,
 2327  any project that carries a continuing commitment for future
 2328  appropriations by the Legislature must be specifically
 2329  identified, together with the projected amount of the future
 2330  commitment associated with the project and the fiscal years in
 2331  which the commitment is expected to commence. This paragraph
 2332  expires July 1, 2020 2019.
 2333  
 2334  The provisions of this subsection are subject to the notice and
 2335  objection procedures set forth in s. 216.177.
 2336         Section 84. In order to implement specific appropriations
 2337  from the land acquisition trust funds within the Department of
 2338  Agriculture and Consumer Services, the Department of
 2339  Environmental Protection, the Department of State, and the Fish
 2340  and Wildlife Conservation Commission, which are contained in the
 2341  2019-2020 General Appropriations Act, subsection (3) of section
 2342  215.18, Florida Statutes, is amended to read:
 2343         215.18 Transfers between funds; limitation.—
 2344         (3) Notwithstanding subsection (1) and only with respect to
 2345  a land acquisition trust fund in the Department of Agriculture
 2346  and Consumer Services, the Department of Environmental
 2347  Protection, the Department of State, or the Fish and Wildlife
 2348  Conservation Commission, whenever there is a deficiency in a
 2349  land acquisition trust fund which would render that trust fund
 2350  temporarily insufficient to meet its just requirements,
 2351  including the timely payment of appropriations from that trust
 2352  fund, and other trust funds in the State Treasury have moneys
 2353  that are for the time being or otherwise in excess of the
 2354  amounts necessary to meet the just requirements, including
 2355  appropriated obligations, of those other trust funds, the
 2356  Governor may order a temporary transfer of moneys from one or
 2357  more of the other trust funds to a land acquisition trust fund
 2358  in the Department of Agriculture and Consumer Services, the
 2359  Department of Environmental Protection, the Department of State,
 2360  or the Fish and Wildlife Conservation Commission. Any action
 2361  proposed pursuant to this subsection is subject to the notice,
 2362  review, and objection procedures of s. 216.177, and the Governor
 2363  shall provide notice of such action at least 7 days before the
 2364  effective date of the transfer of trust funds, except that
 2365  during July 2019 2018, notice of such action shall be provided
 2366  at least 3 days before the effective date of a transfer unless
 2367  such 3-day notice is waived by the chair and vice-chair of the
 2368  Legislative Budget Commission. Any transfer of trust funds to a
 2369  land acquisition trust fund in the Department of Agriculture and
 2370  Consumer Services, the Department of Environmental Protection,
 2371  the Department of State, or the Fish and Wildlife Conservation
 2372  Commission must be repaid to the trust funds from which the
 2373  moneys were loaned by the end of the 2019-2020 2018-2019 fiscal
 2374  year. The Legislature has determined that the repayment of the
 2375  other trust fund moneys temporarily loaned to a land acquisition
 2376  trust fund in the Department of Agriculture and Consumer
 2377  Services, the Department of Environmental Protection, the
 2378  Department of State, or the Fish and Wildlife Conservation
 2379  Commission pursuant to this subsection is an allowable use of
 2380  the moneys in a land acquisition trust fund because the moneys
 2381  from other trust funds temporarily loaned to a land acquisition
 2382  trust fund shall be expended solely and exclusively in
 2383  accordance with s. 28, Art. X of the State Constitution. This
 2384  subsection expires July 1, 2020 2019.
 2385         Section 85. (1)In order to implement specific
 2386  appropriations from the land acquisition trust funds within the
 2387  Department of Agriculture and Consumer Services, the Department
 2388  of Environmental Protection, the Department of State, and the
 2389  Fish and Wildlife Conservation Commission, which are contained
 2390  in the 2019-2020 General Appropriations Act, the Department of
 2391  Environmental Protection shall transfer revenues from the Land
 2392  Acquisition Trust Fund within the department to the land
 2393  acquisition trust funds within the Department of Agriculture and
 2394  Consumer Services, the Department of State, and the Fish and
 2395  Wildlife Conservation Commission, as provided in this section.
 2396  As used in this section, the term “department” means the
 2397  Department of Environmental Protection.
 2398         (2)After subtracting any required debt service payments,
 2399  the proportionate share of revenues to be transferred to each
 2400  land acquisition trust fund shall be calculated by dividing the
 2401  appropriations from each of the land acquisition trust funds for
 2402  the fiscal year by the total appropriations from the Land
 2403  Acquisition Trust Fund within the department and the land
 2404  acquisition trust funds within the Department of Agriculture and
 2405  Consumer Services, the Department of State, and the Fish and
 2406  Wildlife Conservation Commission for the fiscal year. The
 2407  department shall transfer the proportionate share of the
 2408  revenues in the Land Acquisition Trust Fund within the
 2409  department on a monthly basis to the appropriate land
 2410  acquisition trust funds within the Department of Agriculture and
 2411  Consumer Services, the Department of State, and the Fish and
 2412  Wildlife Conservation Commission and shall retain its
 2413  proportionate share of the revenues in the Land Acquisition
 2414  Trust Fund within the department. Total distributions to a land
 2415  acquisition trust fund within the Department of Agriculture and
 2416  Consumer Services, the Department of State, and the Fish and
 2417  Wildlife Conservation Commission may not exceed the total
 2418  appropriations from such trust fund for the fiscal year.
 2419         (3)In addition, the department shall transfer from the
 2420  Land Acquisition Trust Fund to land acquisition trust funds
 2421  within the Department of Agriculture and Consumer Services, the
 2422  Department of State, and the Fish and Wildlife Conservation
 2423  Commission amounts equal to the difference between the amounts
 2424  appropriated in chapter 2018-9, Laws of Florida, to the
 2425  department’s Land Acquisition Trust Fund and the other land
 2426  acquisition trust funds, and the amounts actually transferred
 2427  between those trust funds during the 2018-2019 fiscal year.
 2428         (4)The department may advance funds from the beginning
 2429  unobligated fund balance in the Land Acquisition Trust Fund to
 2430  the Land Acquisition Trust Fund within the Fish and Wildlife
 2431  Conservation Commission needed for cash flow purposes based on a
 2432  detailed expenditure plan. The department shall prorate amounts
 2433  transferred quarterly to the Fish and Wildlife Conservation
 2434  Commission to recoup the amount of funds advanced by June 30,
 2435  2020.
 2436         (5)This section expires July 1, 2020.
 2437         Section 86. In order to implement appropriations from the
 2438  Land Acquisition Trust Fund within the Department of
 2439  Environmental Protection, paragraph (b) of subsection (3) of
 2440  section 375.041, Florida Statutes, is amended to read:
 2441         375.041 Land Acquisition Trust Fund.—
 2442         (3) Funds distributed into the Land Acquisition Trust Fund
 2443  pursuant to s. 201.15 shall be applied:
 2444         (b) Of the funds remaining after the payments required
 2445  under paragraph (a), but before funds may be appropriated,
 2446  pledged, or dedicated for other uses:
 2447         1. A minimum of the lesser of 25 percent or $200 million
 2448  shall be appropriated annually for Everglades projects that
 2449  implement the Comprehensive Everglades Restoration Plan as set
 2450  forth in s. 373.470, including the Central Everglades Planning
 2451  Project subject to Congressional authorization; the Long-Term
 2452  Plan as defined in s. 373.4592(2); and the Northern Everglades
 2453  and Estuaries Protection Program as set forth in s. 373.4595.
 2454  From these funds, $32 million shall be distributed each fiscal
 2455  year through the 2023-2024 fiscal year to the South Florida
 2456  Water Management District for the Long-Term Plan as defined in
 2457  s. 373.4592(2). After deducting the $32 million distributed
 2458  under this subparagraph, from the funds remaining, a minimum of
 2459  the lesser of 76.5 percent or $100 million shall be appropriated
 2460  each fiscal year through the 2025-2026 fiscal year for the
 2461  planning, design, engineering, and construction of the
 2462  Comprehensive Everglades Restoration Plan as set forth in s.
 2463  373.470, including the Central Everglades Planning Project, the
 2464  Everglades Agricultural Area Storage Reservoir Project, the Lake
 2465  Okeechobee Watershed Project, the C-43 West Basin Storage
 2466  Reservoir Project, the Indian River Lagoon-South Project, the
 2467  Western Everglades Restoration Project, and the Picayune Strand
 2468  Restoration Project. The Department of Environmental Protection
 2469  and the South Florida Water Management District shall give
 2470  preference to those Everglades restoration projects that reduce
 2471  harmful discharges of water from Lake Okeechobee to the St.
 2472  Lucie or Caloosahatchee estuaries in a timely manner. For the
 2473  purpose of performing the calculation provided in this
 2474  subparagraph, the amount of debt service paid pursuant to
 2475  paragraph (a) for bonds issued after July 1, 2016, for the
 2476  purposes set forth under paragraph (b) shall be added to the
 2477  amount remaining after the payments required under paragraph
 2478  (a). The amount of the distribution calculated shall then be
 2479  reduced by an amount equal to the debt service paid pursuant to
 2480  paragraph (a) on bonds issued after July 1, 2016, for the
 2481  purposes set forth under this subparagraph.
 2482         2. A minimum of the lesser of 7.6 percent or $50 million
 2483  shall be appropriated annually for spring restoration,
 2484  protection, and management projects. For the purpose of
 2485  performing the calculation provided in this subparagraph, the
 2486  amount of debt service paid pursuant to paragraph (a) for bonds
 2487  issued after July 1, 2016, for the purposes set forth under
 2488  paragraph (b) shall be added to the amount remaining after the
 2489  payments required under paragraph (a). The amount of the
 2490  distribution calculated shall then be reduced by an amount equal
 2491  to the debt service paid pursuant to paragraph (a) on bonds
 2492  issued after July 1, 2016, for the purposes set forth under this
 2493  subparagraph.
 2494         3. The sum of $5 million shall be appropriated annually
 2495  each fiscal year through the 2025-2026 fiscal year to the St.
 2496  Johns River Water Management District for projects dedicated to
 2497  the restoration of Lake Apopka. This distribution shall be
 2498  reduced by an amount equal to the debt service paid pursuant to
 2499  paragraph (a) on bonds issued after July 1, 2016, for the
 2500  purposes set forth in this subparagraph.
 2501         4. The sum of $64 million is appropriated and shall be
 2502  transferred to the Everglades Trust Fund for the 2018-2019
 2503  fiscal year, and each fiscal year thereafter, for the EAA
 2504  reservoir project pursuant to s. 373.4598. Any funds remaining
 2505  in any fiscal year shall be made available only for Phase II of
 2506  the C-51 reservoir project or projects identified in
 2507  subparagraph 1. and must be used in accordance with laws
 2508  relating to such projects. Any funds made available for such
 2509  purposes in a fiscal year are in addition to the amount
 2510  appropriated under subparagraph 1. This distribution shall be
 2511  reduced by an amount equal to the debt service paid pursuant to
 2512  paragraph (a) on bonds issued after July 1, 2017, for the
 2513  purposes set forth in this subparagraph.
 2514         5. Notwithstanding subparagraph 3., for the 2019-2020 2018
 2515  2019 fiscal year, funds shall be appropriated as provided in the
 2516  General Appropriations Act. This subparagraph expires July 1,
 2517  2020 2019.
 2518         Section 87. In order to implement Specific Appropriation
 2519  1781 of the 2019-2020 General Appropriations Act, paragraph (e)
 2520  of subsection (11) of section 216.181, Florida Statutes, is
 2521  amended to read:
 2522         216.181 Approved budgets for operations and fixed capital
 2523  outlay.—
 2524         (11)
 2525         (e) Notwithstanding paragraph (b) and paragraph (2)(b), and
 2526  for the 2019-2020 2018-2019 fiscal year only, the Legislative
 2527  Budget Commission may increase the amounts appropriated to the
 2528  Department of Environmental Protection for fixed capital outlay
 2529  projects using funds provided to the state from the
 2530  environmental mitigation trust administered by a trustee
 2531  designated by the United States District Court for the Northern
 2532  District of California for eligible mitigation actions and
 2533  mitigation action expenditures described in the partial consent
 2534  decree entered into between the United States of America and
 2535  Volkswagen relating to violations of the Clean Air Act.
 2536  Concurrent with submission of an amendment to the Legislative
 2537  Budget Commission pursuant to this paragraph, any project that
 2538  carries a continuing commitment for future appropriations by the
 2539  Legislature must be specifically identified, together with the
 2540  projected amount of the future commitment associated with the
 2541  project and the fiscal years in which the commitment is expected
 2542  to commence. This paragraph expires July 1, 2020 2019.
 2543  
 2544  The provisions of this subsection are subject to the notice and
 2545  objection procedures set forth in s. 216.177.
 2546         Section 88. In order to implement Specific Appropriation
 2547  1542 of the 2019-2020 General Appropriations Act, and
 2548  notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
 2549  Department of Agriculture and Consumer Services may submit a
 2550  budget amendment, subject to the notice, review, and objection
 2551  procedures of s. 216.177, Florida Statutes, to increase budget
 2552  authority for the National School Lunch Program when necessary.
 2553  This section expires July 1, 2020.
 2554         Section 89. Effective upon becoming a law and in order to
 2555  implement Specific Appropriation 1464 through 1473 of the 2019
 2556  2020 General Appropriations Act, subsection (4) of section
 2557  570.441, Florida Statutes, is amended to read:
 2558         570.441 Pest Control Trust Fund.—
 2559         (4) In addition to the uses authorized under subsection
 2560  (2), moneys collected or received by the department under
 2561  chapter 482 may be used to carry out the provisions of s.
 2562  570.44. This subsection expires June 30, 2020 2019.
 2563         Section 90. In order to implement Specific Appropriation
 2564  1401 of the 2019-2020 General Appropriations Act, paragraph (a)
 2565  of subsection (1) of section 570.93, Florida Statutes, is
 2566  amended to read:
 2567         570.93 Department of Agriculture and Consumer Services;
 2568  agricultural water conservation and agricultural water supply
 2569  planning.—
 2570         (1) The department shall establish an agricultural water
 2571  conservation program that includes the following:
 2572         (a) A cost-share program, coordinated where appropriate
 2573  with the United States Department of Agriculture and other
 2574  federal, state, regional, and local agencies when appropriate,
 2575  for irrigation system retrofit and application of mobile
 2576  irrigation laboratory evaluations, and for water conservation
 2577  and as provided in this section and, where applicable, for water
 2578  quality improvement pursuant to s. 403.067(7)(c).
 2579         Section 91. The amendment to s. 570.93(1)(a), Florida
 2580  Statutes, by this act expires July 1, 2020, and the text of that
 2581  paragraph shall revert to that in existence on June 30, 2019,
 2582  except that any amendments to such text enacted other than by
 2583  this act shall be preserved and continue to operate to the
 2584  extent that such amendments are not dependent upon the portions
 2585  of text which expire pursuant to this section.
 2586         Section 92. In order to implement Specific Appropriations
 2587  1474 through 1481 of the 2019-2020 General Appropriations Act,
 2588  subsection (1) of section 525.07, Florida Statutes, is amended
 2589  to read:
 2590         525.07 Powers and duties of department; inspections;
 2591  unlawful acts.—
 2592         (1) The department shall inspect all measuring devices used
 2593  in selling or distributing petroleum fuel at wholesale and
 2594  retail. The department may affix a sticker to each petroleum
 2595  measuring device. Using only a combination of lettering,
 2596  numbering, words, or the department logo, the sticker must
 2597  signify that the device has been inspected by the department and
 2598  that the device owner is responsible for its proper use and
 2599  maintenance.
 2600         Section 93. The amendment to s. 525.07(1), Florida
 2601  Statutes, by this act expires July 1, 2020, and the text of that
 2602  subsection shall revert to that in existence on June 30, 2019,
 2603  except that any amendments to such text enacted other than by
 2604  this act shall be preserved and continue to operate to the
 2605  extent that such amendments are not dependent upon the portions
 2606  of text which expire pursuant to this section.
 2607         Section 94. In order to implement Specific Appropriation
 2608  1607 of the 2019-2020 General Appropriations Act, paragraph (m)
 2609  of subsection (3) of section 259.105, Florida Statutes, is
 2610  amended to read:
 2611         259.105 The Florida Forever Act.—
 2612         (3) Less the costs of issuing and the costs of funding
 2613  reserve accounts and other costs associated with bonds, the
 2614  proceeds of cash payments or bonds issued pursuant to this
 2615  section shall be deposited into the Florida Forever Trust Fund
 2616  created by s. 259.1051. The proceeds shall be distributed by the
 2617  Department of Environmental Protection in the following manner:
 2618         (m) Notwithstanding paragraphs (a)-(j) and for the 2019
 2619  2020 2018-2019 fiscal year, only:
 2620         1. the amount of $33 million $77 million to only the
 2621  Division of State Lands within the Department of Environmental
 2622  Protection for the Board of Trustees Florida Forever Priority
 2623  List land acquisition projects. This paragraph expires July 1,
 2624  2020.
 2625         2. The amount of $10 million to the Department of
 2626  Environmental Protection for use by the Florida Communities
 2627  Trust for the purposes of part III of chapter 380, as described
 2628  and limited by this subsection, and grants to local governments
 2629  or nonprofit environmental organizations that are tax-exempt
 2630  under s. 501(c)(3) of the United States Internal Revenue Code
 2631  for the acquisition of community-based projects, urban open
 2632  spaces, parks, and greenways to implement local government
 2633  comprehensive plans. From funds available to the trust and used
 2634  for land acquisition, 75 percent shall be matched by local
 2635  governments on a dollar-for-dollar basis. The Legislature
 2636  intends that the Florida Communities Trust emphasize funding
 2637  projects in low-income or otherwise disadvantaged communities
 2638  and projects that provide areas for direct water access and
 2639  water-dependent facilities that are open to the public and offer
 2640  public access by vessels to waters of the state, including boat
 2641  ramps and associated parking and other support facilities. At
 2642  least 30 percent of the total allocation provided to the trust
 2643  shall be used in Standard Metropolitan Statistical Areas, but
 2644  one-half of that amount shall be used in localities in which the
 2645  project site is located in built-up commercial, industrial, or
 2646  mixed-use areas and functions to intersperse open spaces within
 2647  congested urban core areas. From funds allocated to the trust,
 2648  no less than 5 percent shall be used to acquire lands for
 2649  recreational trail systems, provided that in the event these
 2650  funds are not needed for such projects, they will be available
 2651  for other trust projects. Local governments may use federal
 2652  grants or loans, private donations, or environmental mitigation
 2653  funds for any part or all of any local match required for
 2654  acquisitions funded through the Florida Communities Trust. Any
 2655  lands purchased by nonprofit organizations using funds allocated
 2656  under this paragraph must provide for such lands to remain
 2657  permanently in public use through a reversion of title to local
 2658  or state government, conservation easement, or other appropriate
 2659  mechanism. Projects funded with funds allocated to the trust
 2660  shall be selected in a competitive process measured against
 2661  criteria adopted in rule by the trust.
 2662         3. The sum of $2 million to the Department of Environmental
 2663  Protection for the acquisition of land and capital project
 2664  expenditures necessary to implement the Stan Mayfield Working
 2665  Waterfronts Program within the Florida Communities Trust
 2666  pursuant to s. 380.5105.
 2667         4. The sum of $2 million to the Department of Environmental
 2668  Protection for grants pursuant to s. 375.075(1)-(4).
 2669  
 2670  This paragraph expires July 1, 2019.
 2671         Section 95. In order to implement Specific Appropriation
 2672  2682 of the 2019-2020 General Appropriations Act, paragraph (b)
 2673  of subsection (3) and subsection (5) of section 321.04, Florida
 2674  Statutes, are amended to read:
 2675         321.04 Personnel of the highway patrol; rank
 2676  classifications; probationary status of new patrol officers;
 2677  subsistence; special assignments.—
 2678         (3)
 2679         (b) For the 2019-2020 2018-2019 fiscal year only, upon the
 2680  request of the Governor, the Department of Highway Safety and
 2681  Motor Vehicles shall assign one or more patrol officers to the
 2682  office of the patrol officer shall be assigned to the Lieutenant
 2683  Governor for security services. This paragraph expires July 1,
 2684  2020 2019.
 2685         (5) For the 2019-2020 2018-2019 fiscal year only, the
 2686  assignment of a patrol officer by the department shall include a
 2687  Cabinet member specified in s. 4, Art. IV of the State
 2688  Constitution if deemed appropriate by the department or in
 2689  response to a threat and upon written request of such Cabinet
 2690  member. This subsection expires July 1, 2020 2019.
 2691         Section 96. In order to implement Specific Appropriations
 2692  2316 and 2316A of the 2019-2020 General Appropriations Act,
 2693  subsection (3) of section 420.9079, Florida Statutes, is amended
 2694  to read:
 2695         420.9079 Local Government Housing Trust Fund.—
 2696         (3) For the 2019-2020 2018-2019 fiscal year, funds may be
 2697  used as provided in the General Appropriations Act. This
 2698  subsection expires July 1, 2020 2019.
 2699         Section 97. In order to implement Specific Appropriations
 2700  2315 and 2316A of the 2019-2020 General Appropriations Act,
 2701  subsection (2) of section 420.0005, Florida Statutes, is amended
 2702  to read:
 2703         420.0005 State Housing Trust Fund; State Housing Fund.—
 2704         (2) For the 2019-2020 2018-2019 fiscal year, funds may be
 2705  used as provided in the General Appropriations Act. This
 2706  subsection expires July 1, 2020 2019.
 2707         Section 98. In order to implement Specific Appropriation
 2708  2314 of the 2019-2020 General Appropriations Act, subsection (6)
 2709  is added to section 288.0655, Florida Statutes, to read:
 2710         288.0655 Rural Infrastructure Fund.—
 2711         (6)For the 2019-2020 fiscal year, the funds appropriated
 2712  for the grant program for Florida Panhandle counties shall be
 2713  distributed pursuant to and for the purposes described in the
 2714  proviso language associated with Specific Appropriation 2314 of
 2715  the 2019-2020 General Appropriations Act. This subsection
 2716  expires July 1, 2020.
 2717         Section 99. In order to implement Specific Appropriation
 2718  2328 of the 2019-2020 General Appropriations Act, subsection
 2719  (14) of section 288.1226, Florida Statutes, is amended to read:
 2720         288.1226 Florida Tourism Industry Marketing Corporation;
 2721  use of property; board of directors; duties; audit.—
 2722         (14) REPEAL.—This section is repealed July 1, 2020 October
 2723  1, 2019, unless reviewed and saved from repeal by the
 2724  Legislature.
 2725         Section 100. In order to implement Specific Appropriation
 2726  2328 of the 2019-2020 General Appropriations Act, subsection (6)
 2727  of section 288.923, Florida Statutes, is amended to read:
 2728         288.923 Division of Tourism Marketing; definitions;
 2729  responsibilities.—
 2730         (6) This section is repealed July 1, 2020 October 1, 2019,
 2731  unless reviewed and saved from repeal by the Legislature.
 2732         Section 101. In order to implement Specific Appropriations
 2733  1939 through 1952, 1958 through 1961, 1974 through 1982, 1984
 2734  through 1993, and 2033 through 2045 of the 2019-2020 General
 2735  Appropriations Act, paragraph (g) of subsection (7) of section
 2736  339.135, Florida Statutes, is amended to read:
 2737         339.135 Work program; legislative budget request;
 2738  definitions; preparation, adoption, execution, and amendment.—
 2739         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
 2740         (g)1. Any work program amendment which also requires the
 2741  transfer of fixed capital outlay appropriations between
 2742  categories within the department or the increase of an
 2743  appropriation category is subject to the approval of the
 2744  Legislative Budget Commission.
 2745         2. If a meeting of the Legislative Budget Commission cannot
 2746  be held within 30 days after the department submits an amendment
 2747  to the Legislative Budget Commission, the chair and vice chair
 2748  of the Legislative Budget Commission may authorize such
 2749  amendment to be approved pursuant to s. 216.177. This
 2750  subparagraph expires July 1, 2020.
 2751         Section 102. In order to implement Specific Appropriation
 2752  1975 of the 2019-2020 General Appropriations Act, subsection (8)
 2753  is added to section 339.2818, Florida Statutes, to read:
 2754         339.2818 Small County Outreach Program.—
 2755         (8) Subject to a specific appropriation in addition to
 2756  funds annually appropriated for projects under this section, a
 2757  county or a municipality that is within a county designated in
 2758  the Federal Emergency Management Agency disaster declaration DR
 2759  4399 may compete for the additional project funding using the
 2760  criteria listed in subsection (4) at up to 100 percent of
 2761  project costs to repair damage due to Hurricane Michael,
 2762  excluding capacity improvement projects. This subsection expires
 2763  July 1, 2020.
 2764         Section 103. In order to implement Specific Appropriation
 2765  2624 of the 2019-2020 General Appropriations Act, paragraph (d)
 2766  is added to subsection (4) of section 112.061, Florida Statutes,
 2767  to read:
 2768         112.061 Per diem and travel expenses of public officers,
 2769  employees, and authorized persons.—
 2770         (4) OFFICIAL HEADQUARTERS.—The official headquarters of an
 2771  officer or employee assigned to an office shall be the city or
 2772  town in which the office is located except that:
 2773         (d) A Lieutenant Governor who permanently resides outside
 2774  of Leon County, may, if he or she so requests, have an
 2775  appropriate facility in his or her county designated as his or
 2776  her official headquarters for purposes of this section. This
 2777  official headquarters may only serve as the Lieutenant
 2778  Governor’s personal office. The Lieutenant Governor may not use
 2779  state funds to lease space in any facility for his or her
 2780  official headquarters.
 2781         1. A Lieutenant Governor for whom an official headquarters
 2782  is established in his or her county of residence pursuant to
 2783  this paragraph is eligible for subsistence at a rate to be
 2784  established by the Governor for each day or partial day that the
 2785  Lieutenant Governor is at the State Capitol to conduct official
 2786  state business. In addition to the subsistence allowance, a
 2787  Lieutenant Governor is eligible for reimbursement for
 2788  transportation expenses as provided in subsection (7) for travel
 2789  between the Lieutenant Governor’s official headquarters and the
 2790  State Capitol to conduct state business.
 2791         2. Payment of subsistence and reimbursement for
 2792  transportation between a Lieutenant Governor’s official
 2793  headquarters and the State Capitol shall be made to the extent
 2794  appropriated funds are available, as determined by the Governor.
 2795         3. This paragraph expires July 1, 2020.
 2796         Section 104. In order to implement the salaries and
 2797  benefits, expenses, other personal services, contracted
 2798  services, special categories, and operating capital outlay
 2799  categories of the 2019-2020 General Appropriations Act,
 2800  paragraph (a) of subsection (2) of section 216.292, Florida
 2801  Statutes, is amended to read:
 2802         216.292 Appropriations nontransferable; exceptions.—
 2803         (2) The following transfers are authorized to be made by
 2804  the head of each department or the Chief Justice of the Supreme
 2805  Court whenever it is deemed necessary by reason of changed
 2806  conditions:
 2807         (a) The transfer of appropriations funded from identical
 2808  funding sources, except appropriations for fixed capital outlay,
 2809  and the transfer of amounts included within the total original
 2810  approved budget and plans of releases of appropriations as
 2811  furnished pursuant to ss. 216.181 and 216.192, as follows:
 2812         1. Between categories of appropriations within a budget
 2813  entity, if no category of appropriation is increased or
 2814  decreased by more than 5 percent of the original approved budget
 2815  or $250,000, whichever is greater, by all action taken under
 2816  this subsection.
 2817         2. Between budget entities within identical categories of
 2818  appropriations, if no category of appropriation is increased or
 2819  decreased by more than 5 percent of the original approved budget
 2820  or $250,000, whichever is greater, by all action taken under
 2821  this subsection.
 2822         3. Any agency exceeding salary rate established pursuant to
 2823  s. 216.181(8) on June 30th of any fiscal year shall not be
 2824  authorized to make transfers pursuant to subparagraphs 1. and 2.
 2825  in the subsequent fiscal year.
 2826         4. Notice of proposed transfers under subparagraphs 1. and
 2827  2. shall be provided to the Executive Office of the Governor and
 2828  the chairs of the legislative appropriations committees at least
 2829  3 days prior to agency implementation in order to provide an
 2830  opportunity for review. The review shall be limited to ensuring
 2831  that the transfer is in compliance with the requirements of this
 2832  paragraph.
 2833         5. For the 2019-2020 2018-2019 fiscal year, the review
 2834  shall ensure that transfers proposed pursuant to this paragraph
 2835  comply with this chapter, maximize the use of available and
 2836  appropriate trust funds, and are not contrary to legislative
 2837  policy and intent. This subparagraph expires July 1, 2020 2019.
 2838         Section 105. In order to implement section 8 of the 2019
 2839  2020 General Appropriations Act, notwithstanding s.
 2840  110.123(3)(f) and (j), Florida Statutes, the Department of
 2841  Management Services shall maintain and offer the same PPO and
 2842  HMO health plan alternatives to the participants of the State
 2843  Group Health Insurance Program during the 2019-2020 fiscal year
 2844  which were in effect for the 2018-2019 fiscal year. This section
 2845  expires July 1, 2020.
 2846         Section 106. In order to implement the appropriation of
 2847  funds in the special categories, contracted services, and
 2848  expenses categories of the 2019-2020 General Appropriations Act,
 2849  a state agency may not initiate a competitive solicitation for a
 2850  product or service if the completion of such competitive
 2851  solicitation would:
 2852         (1)Require a change in law; or
 2853         (2)Require a change to the agency’s budget other than a
 2854  transfer authorized in s. 216.292(2) or (3), Florida Statutes,
 2855  unless the initiation of such competitive solicitation is
 2856  specifically authorized in law, in the General Appropriations
 2857  Act, or by the Legislative Budget Commission.
 2858  
 2859  This section does not apply to a competitive solicitation for
 2860  which the agency head certifies that a valid emergency exists.
 2861  This section expires July 1, 2020.
 2862         Section 107. In order to implement appropriations for
 2863  salaries and benefits in the 2019-2020 General Appropriations
 2864  Act, subsection (6) of section 112.24, Florida Statutes, is
 2865  amended to read:
 2866         112.24 Intergovernmental interchange of public employees.
 2867  To encourage economical and effective utilization of public
 2868  employees in this state, the temporary assignment of employees
 2869  among agencies of government, both state and local, and
 2870  including school districts and public institutions of higher
 2871  education is authorized under terms and conditions set forth in
 2872  this section. State agencies, municipalities, and political
 2873  subdivisions are authorized to enter into employee interchange
 2874  agreements with other state agencies, the Federal Government,
 2875  another state, a municipality, or a political subdivision
 2876  including a school district, or with a public institution of
 2877  higher education. State agencies are also authorized to enter
 2878  into employee interchange agreements with private institutions
 2879  of higher education and other nonprofit organizations under the
 2880  terms and conditions provided in this section. In addition, the
 2881  Governor or the Governor and Cabinet may enter into employee
 2882  interchange agreements with a state agency, the Federal
 2883  Government, another state, a municipality, or a political
 2884  subdivision including a school district, or with a public
 2885  institution of higher learning to fill, subject to the
 2886  requirements of chapter 20, appointive offices which are within
 2887  the executive branch of government and which are filled by
 2888  appointment by the Governor or the Governor and Cabinet. Under
 2889  no circumstances shall employee interchange agreements be
 2890  utilized for the purpose of assigning individuals to participate
 2891  in political campaigns. Duties and responsibilities of
 2892  interchange employees shall be limited to the mission and goals
 2893  of the agencies of government.
 2894         (6) For the 2019-2020 2018-2019 fiscal year only, the
 2895  assignment of an employee of a state agency as provided in this
 2896  section may be made if recommended by the Governor or Chief
 2897  Justice, as appropriate, and approved by the chairs of the
 2898  legislative appropriations committees. Such actions shall be
 2899  deemed approved if neither chair provides written notice of
 2900  objection within 14 days after receiving notice of the action
 2901  pursuant to s. 216.177. This subsection expires July 1, 2020
 2902  2019.
 2903         Section 108. In order to implement Specific Appropriations
 2904  2751 and 2752 of the 2019-2020 General Appropriations Act, and
 2905  notwithstanding s. 11.13(1), Florida Statutes, the authorized
 2906  salaries for members of the Legislature for the 2019-2020 fiscal
 2907  year shall be set at the same level in effect on July 1, 2010.
 2908  This section expires July 1, 2020.
 2909         Section 109. In order to implement the transfer of funds to
 2910  the General Revenue Fund from trust funds for the 2019-2020
 2911  General Appropriations Act, and notwithstanding the expiration
 2912  date in section 83 of chapter 2018-10, Laws of Florida,
 2913  paragraph (b) of subsection (2) of section 215.32, Florida
 2914  Statutes, is reenacted to read:
 2915         215.32 State funds; segregation.—
 2916         (2) The source and use of each of these funds shall be as
 2917  follows:
 2918         (b)1. The trust funds shall consist of moneys received by
 2919  the state which under law or under trust agreement are
 2920  segregated for a purpose authorized by law. The state agency or
 2921  branch of state government receiving or collecting such moneys
 2922  is responsible for their proper expenditure as provided by law.
 2923  Upon the request of the state agency or branch of state
 2924  government responsible for the administration of the trust fund,
 2925  the Chief Financial Officer may establish accounts within the
 2926  trust fund at a level considered necessary for proper
 2927  accountability. Once an account is established, the Chief
 2928  Financial Officer may authorize payment from that account only
 2929  upon determining that there is sufficient cash and releases at
 2930  the level of the account.
 2931         2. In addition to other trust funds created by law, to the
 2932  extent possible, each agency shall use the following trust funds
 2933  as described in this subparagraph for day-to-day operations:
 2934         a. Operations or operating trust fund, for use as a
 2935  depository for funds to be used for program operations funded by
 2936  program revenues, with the exception of administrative
 2937  activities when the operations or operating trust fund is a
 2938  proprietary fund.
 2939         b. Operations and maintenance trust fund, for use as a
 2940  depository for client services funded by third-party payors.
 2941         c. Administrative trust fund, for use as a depository for
 2942  funds to be used for management activities that are departmental
 2943  in nature and funded by indirect cost earnings and assessments
 2944  against trust funds. Proprietary funds are excluded from the
 2945  requirement of using an administrative trust fund.
 2946         d. Grants and donations trust fund, for use as a depository
 2947  for funds to be used for allowable grant or donor agreement
 2948  activities funded by restricted contractual revenue from private
 2949  and public nonfederal sources.
 2950         e. Agency working capital trust fund, for use as a
 2951  depository for funds to be used pursuant to s. 216.272.
 2952         f. Clearing funds trust fund, for use as a depository for
 2953  funds to account for collections pending distribution to lawful
 2954  recipients.
 2955         g. Federal grant trust fund, for use as a depository for
 2956  funds to be used for allowable grant activities funded by
 2957  restricted program revenues from federal sources.
 2958  
 2959  To the extent possible, each agency must adjust its internal
 2960  accounting to use existing trust funds consistent with the
 2961  requirements of this subparagraph. If an agency does not have
 2962  trust funds listed in this subparagraph and cannot make such
 2963  adjustment, the agency must recommend the creation of the
 2964  necessary trust funds to the Legislature no later than the next
 2965  scheduled review of the agency’s trust funds pursuant to s.
 2966  215.3206.
 2967         3. All such moneys are hereby appropriated to be expended
 2968  in accordance with the law or trust agreement under which they
 2969  were received, subject always to the provisions of chapter 216
 2970  relating to the appropriation of funds and to the applicable
 2971  laws relating to the deposit or expenditure of moneys in the
 2972  State Treasury.
 2973         4.a. Notwithstanding any provision of law restricting the
 2974  use of trust funds to specific purposes, unappropriated cash
 2975  balances from selected trust funds may be authorized by the
 2976  Legislature for transfer to the Budget Stabilization Fund and
 2977  General Revenue Fund in the General Appropriations Act.
 2978         b. This subparagraph does not apply to trust funds required
 2979  by federal programs or mandates; trust funds established for
 2980  bond covenants, indentures, or resolutions whose revenues are
 2981  legally pledged by the state or public body to meet debt service
 2982  or other financial requirements of any debt obligations of the
 2983  state or any public body; the Division of Licensing Trust Fund
 2984  in the Department of Agriculture and Consumer Services; the
 2985  State Transportation Trust Fund; the trust fund containing the
 2986  net annual proceeds from the Florida Education Lotteries; the
 2987  Florida Retirement System Trust Fund; trust funds under the
 2988  management of the State Board of Education or the Board of
 2989  Governors of the State University System, where such trust funds
 2990  are for auxiliary enterprises, self-insurance, and contracts,
 2991  grants, and donations, as those terms are defined by general
 2992  law; trust funds that serve as clearing funds or accounts for
 2993  the Chief Financial Officer or state agencies; trust funds that
 2994  account for assets held by the state in a trustee capacity as an
 2995  agent or fiduciary for individuals, private organizations, or
 2996  other governmental units; and other trust funds authorized by
 2997  the State Constitution.
 2998         Section 110. The text of s. 215.32(2)(b), Florida Statutes,
 2999  as carried forward from chapter 2011-47, Laws of Florida, by
 3000  this act, expires July 1, 2020, and the text of that paragraph
 3001  shall revert to that in existence on June 30, 2011, except that
 3002  any amendments to such text enacted other than by this act shall
 3003  be preserved and continue to operate to the extent that such
 3004  amendments are not dependent upon the portions of text which
 3005  expire pursuant to this section.
 3006         Section 111. In order to implement appropriations in the
 3007  2019-2020 General Appropriations Act for state employee travel,
 3008  the funds appropriated to each state agency which may be used
 3009  for travel by state employees are limited during the 2019-2020
 3010  fiscal year to travel for activities that are critical to each
 3011  state agency’s mission. Funds may not be used for travel by
 3012  state employees to foreign countries, other states, conferences,
 3013  staff training activities, or other administrative functions
 3014  unless the agency head has approved, in writing, that such
 3015  activities are critical to the agency’s mission. The agency head
 3016  shall consider using teleconferencing and other forms of
 3017  electronic communication to meet the needs of the proposed
 3018  activity before approving mission-critical travel. This section
 3019  does not apply to travel for law enforcement purposes, military
 3020  purposes, emergency management activities, or public health
 3021  activities. This section expires July 1, 2020.
 3022         Section 112. In order to implement appropriations in the
 3023  2019-2020 General Appropriations Act for state employee travel
 3024  and notwithstanding s. 112.061, Florida Statutes, costs for
 3025  lodging associated with a meeting, conference, or convention
 3026  organized or sponsored in whole or in part by a state agency or
 3027  the judicial branch may not exceed $150 per day. An employee may
 3028  expend his or her own funds for any lodging expenses in excess
 3029  of $150 per day. For purposes of this section, a meeting does
 3030  not include travel activities for conducting an audit,
 3031  examination, inspection, or investigation or travel activities
 3032  related to a litigation or emergency response. This section
 3033  expires July 1, 2020.
 3034         Section 113. In order to implement the appropriation of
 3035  funds in the special categories, contracted services, and
 3036  expenses categories of the 2019-2020 General Appropriations Act,
 3037  a state agency may not enter into a contract containing a
 3038  nondisclosure clause that prohibits the contractor from
 3039  disclosing information relevant to the performance of the
 3040  contract to members or staff of the Senate or the House of
 3041  Representatives. This section expires July 1, 2020.
 3042         Section 114. Any section of this act which implements a
 3043  specific appropriation or specifically identified proviso
 3044  language in the 2019-2020 General Appropriations Act is void if
 3045  the specific appropriation or specifically identified proviso
 3046  language is vetoed. Any section of this act which implements
 3047  more than one specific appropriation or more than one portion of
 3048  specifically identified proviso language in the 2019-2020
 3049  General Appropriations Act is void if all the specific
 3050  appropriations or portions of specifically identified proviso
 3051  language are vetoed.
 3052         Section 115. If any other act passed during the 2019
 3053  Regular Session of the Legislature contains a provision that is
 3054  substantively the same as a provision in this act, but that
 3055  removes or is otherwise not subject to the future repeal applied
 3056  to such provision by this act, the Legislature intends that the
 3057  provision in the other act takes precedence and continues to
 3058  operate, notwithstanding the future repeal provided by this act.
 3059         Section 116. If any provision of this act or its
 3060  application to any person or circumstance is held invalid, the
 3061  invalidity does not affect other provisions or applications of
 3062  the act which can be given effect without the invalid provision
 3063  or application, and to this end the provisions of this act are
 3064  severable.
 3065         Section 117. Except as otherwise expressly provided in this
 3066  act and except for this section, which shall take effect upon
 3067  this act becoming a law, this act shall take effect July 1,
 3068  2019; or, if this act fails to become a law until after that
 3069  date, it shall take effect upon becoming a law and shall operate
 3070  retroactively to July 1, 2019.
 3071  
 3072  ================= T I T L E  A M E N D M E N T ================
 3073  And the title is amended as follows:
 3074         Delete everything before the enacting clause
 3075  and insert:
 3076                        A bill to be entitled                      
 3077         An act implementing the 2019-2020 General
 3078         Appropriations Act; providing legislative intent;
 3079         incorporating by reference certain calculations of the
 3080         Florida Education Finance Program; providing that
 3081         funds for instructional materials must be released and
 3082         expended as required in specified proviso language;
 3083         amending s. 1009.215, F.S.; revising the academic
 3084         terms in which certain students are eligible to
 3085         receive Bright Futures Scholarships; providing that
 3086         such students may receive scholarships for the fall
 3087         term for specified coursework under certain
 3088         circumstances; providing for the expiration and
 3089         reversion of specified statutory text; amending s.
 3090         1011.62, F.S.; extending for 1 fiscal year provisions
 3091         governing the funding compression allocation;
 3092         reenacting s. 1001.26(1), F.S., relating to public
 3093         broadcasting program system; extending for 1 fiscal
 3094         year authorization for the Department of Education to
 3095         provide certain appropriated funds to public colleges
 3096         and universities for public broadcasting; providing
 3097         for the expiration and reversion of specified
 3098         statutory text; amending s. 1011.80, F.S.; removing a
 3099         limitation on the maximum amount of funding that may
 3100         be appropriated for performance funding relating to
 3101         funds for the operation of workforce education
 3102         programs; amending s. 1011.81, F.S.; removing a
 3103         limitation on the maximum amount of funding that may
 3104         be appropriated for performance funding relating to
 3105         industry certifications for Florida College System
 3106         institutions; providing for the expiration and
 3107         reversion of specified statutory text; requiring the
 3108         State Board of Education to serve as the board of
 3109         trustees of the Florida Virtual School for the 2019
 3110         2020 fiscal year; prescribing certain duties of the
 3111         board; requiring an audit of the Florida Virtual
 3112         School in accordance with specified requirements;
 3113         requiring the Department of Education to submit
 3114         certain recommendations regarding the Florida Virtual
 3115         School to the Governor and Legislature by a specified
 3116         date; requiring the Office of Economic and Demographic
 3117         Research to develop a methodology for calculating each
 3118         school district’s wage level index; specifying
 3119         required duties of the office; requiring the office to
 3120         submit a transition plan to the Governor and
 3121         Legislature by a specified date; prohibiting the
 3122         transition plan’s implementation unless specifically
 3123         enacted by the Legislature; incorporating by reference
 3124         certain calculations for the Medicaid Disproportionate
 3125         Share Hospital and Hospital Reimbursement programs;
 3126         authorizing the Agency for Health Care Administration,
 3127         in consultation with the Department of Health, to
 3128         submit a budget amendment to realign funding for a
 3129         component of the Children’s Medical Services program
 3130         to reflect actual enrollment changes; specifying
 3131         requirements for such realignment; authorizing the
 3132         agency to request nonoperating budget authority for
 3133         transferring certain federal funds to the Department
 3134         of Health; amending s. 409.908, F.S.; modifying
 3135         parameters governing prospective payment methodology
 3136         with respect to Medicaid provider reimbursement;
 3137         providing for the expiration and reversion of
 3138         specified statutory text; reenacting s. 409.908(23),
 3139         F.S., relating to the reimbursement of Medicaid
 3140         providers; providing for the future expiration and
 3141         reversion of specified statutory text; amending s.
 3142         409.908, F.S.; authorizing the Agency for Health Care
 3143         Administration to receive funds from specified sources
 3144         for purposes of making Low Income Pool Program
 3145         payments; providing for the expiration and reversion
 3146         of specified statutory text; amending s. 409.912,
 3147         F.S.; authorizing the Agency for Health Care
 3148         Administration to extend a specified contract for a
 3149         certain period; providing for the expiration and
 3150         reversion of specified statutory text; amending s.
 3151         409.904, F.S.; requiring the Agency for Health Care
 3152         Administration to make payments for Medicaid-covered
 3153         services in a specified manner; requiring the agency,
 3154         by a certain date, in consultation with the Department
 3155         of Children and Families and certain other entities,
 3156         to submit a certain report to the Governor and the
 3157         Legislature; specifying requirements for the report;
 3158         amending s. 393.0661, F.S.; authorizing the agency to
 3159         develop and submit a plan to the Legislature for
 3160         redesigning the Medicaid waiver program if certain
 3161         conditions exist; conforming provisions; providing for
 3162         the expiration and reversion of specified statutory
 3163         text; amending s. 400.179, F.S.; revising conditions
 3164         under which a lease bond alternative exception
 3165         relating to the transfer of a nursing facility does
 3166         not apply; providing for the expiration and reversion
 3167         of specified statutory text; amending s. 624.91, F.S.;
 3168         requiring the Florida Healthy Kids Corporation to
 3169         validate the medical loss ratio and calculate a refund
 3170         amount for insurers and providers of health care
 3171         services who meet certain criteria; providing for the
 3172         deposit of any such refund; providing for the
 3173         expiration and reversion of specified statutory text;
 3174         amending s. 893.055, F.S.; extending for 1 fiscal year
 3175         a provision prohibiting the Attorney General and the
 3176         Department of Health from using certain settlement
 3177         agreement funds to administer the prescription drug
 3178         monitoring program; amending s. 409.911, F.S.;
 3179         updating the average of audited disproportionate share
 3180         data for purposes of calculating disproportionate
 3181         share payments; extending for 1 fiscal year the
 3182         requirement that the Agency for Health Care
 3183         Administration distribute moneys to hospitals that
 3184         provide a disproportionate share of Medicaid or
 3185         charity care services, as provided in the General
 3186         Appropriations Act; amending s. 409.9113, F.S.;
 3187         extending for 1 fiscal year the requirement that the
 3188         Agency for Health Care Administration make
 3189         disproportionate share payments to teaching hospitals
 3190         as provided in the General Appropriations Act;
 3191         amending s. 409.9119, F.S.; extending for 1 fiscal
 3192         year the requirement that the Agency for Health Care
 3193         Administration make disproportionate share payments to
 3194         certain specialty hospitals for children; authorizing
 3195         the Agency for Health Care Administration to submit a
 3196         budget amendment to realign Medicaid funding for
 3197         specified purposes, subject to certain limitations;
 3198         authorizing the Agency for Health Care Administration
 3199         and the Department of Health to each submit a budget
 3200         amendment to realign funding within the Florida
 3201         Kidcare program appropriation categories or increase
 3202         budget authority for certain purposes; specifying the
 3203         time period within each such budget amendment must be
 3204         submitted; exempting entities that meet certain
 3205         criteria from the licensure requirements of part X of
 3206         ch. 400, F.S.; amending s. 381.986, F.S.; exempting
 3207         rules pertaining to the medical use of marijuana from
 3208         certain rulemaking requirements; amending s. 381.988,
 3209         F.S.; exempting rules pertaining to medical marijuana
 3210         testing laboratories from certain rulemaking
 3211         requirements; amending s. 14(1), ch. 2017-232, Laws of
 3212         Florida; exempting certain rules pertaining to medical
 3213         marijuana adopted to replace emergency rules from
 3214         specified rulemaking requirements; providing for the
 3215         expiration and reversion of specified law; amending s.
 3216         383.14, F.S.; requiring the Department of Health to
 3217         integrate screening for spinal muscular atrophy into
 3218         the newborn screening testing panel; authorizing the
 3219         Department of Children and Families to submit a budget
 3220         amendment to realign funding for implementation of the
 3221         Guardianship Assistance Program; requiring the
 3222         Department of Children and Families to establish a
 3223         formula for the distribution of funds to implement the
 3224         Guardianship Assistance Program; amending s. 409.991,
 3225         F.S.; redefining the term “core services funds” to
 3226         include funds appropriated for the Guardianship
 3227         Assistance Program; amending s. 296.37, F.S.;
 3228         extending for 1 fiscal year a provision specifying the
 3229         monthly contribution to residents of a state veterans’
 3230         nursing home; authorizing the Department of Health to
 3231         submit a budget amendment to increase budget authority
 3232         for the HIV/AIDS Prevention and Treatment Program if
 3233         certain conditions are met; authorizing the Department
 3234         of Children and Families to submit a budget amendment
 3235         to increase budget authority for the Supplemental
 3236         Nutrition Assistance Program if certain conditions are
 3237         met; authorizing the Department of Children and
 3238         Families to submit a budget amendment to realign
 3239         funding within the Family Safety Program for specified
 3240         purposes; amending s. 216.262, F.S.; extending for 1
 3241         fiscal year the authority of the Department of
 3242         Corrections to submit a budget amendment for
 3243         additional positions and appropriations under certain
 3244         circumstances; amending s. 1011.80, F.S.; specifying
 3245         the manner by which state funds for postsecondary
 3246         workforce programs may be used for inmate education;
 3247         providing for the expiration and reversion of
 3248         specified statutory text; amending s. 215.18, F.S.;
 3249         extending for 1 fiscal year the authority and related
 3250         repayment requirements for temporary trust fund loans
 3251         to the state court system which are sufficient to meet
 3252         the system’s appropriation; requiring the Department
 3253         of Juvenile Justice to review county juvenile
 3254         detention payments to determine whether a county has
 3255         met specified financial responsibilities; requiring
 3256         amounts owed by the county for such financial
 3257         responsibilities to be deducted from certain county
 3258         funds; requiring the Department of Revenue to transfer
 3259         withheld funds to a specified trust fund; requiring
 3260         the Department of Revenue to ensure that such
 3261         reductions in amounts distributed do not reduce
 3262         distributions below amounts necessary for certain
 3263         payments due on bonds and to comply with bond
 3264         covenants; requiring the Department of Revenue to
 3265         notify the Department of Juvenile Justice if bond
 3266         payment requirements mandate a reduction in deductions
 3267         for amounts owed by a county; amending s. 27.40, F.S.;
 3268         revising circumstances under which the office of
 3269         criminal conflict and civil regional counsel or
 3270         private counsel may be appointed; requiring the public
 3271         defender and the office of criminal conflict and civil
 3272         regional counsel to report certain information to the
 3273         Justice Administrative Commission at specified
 3274         intervals; making a conforming change; requiring
 3275         inclusion of a specified statement on uniform
 3276         contracts and forms used for private court-appointed
 3277         counsel; modifying requirements for the notice of
 3278         appearance filed by a court-appointed attorney;
 3279         modifying conditions under which a private attorney is
 3280         entitled to payment; providing that the flat fee for
 3281         compensation of private court-appointed counsel is
 3282         presumed to be sufficient; providing that certain
 3283         records and documents maintained by the court
 3284         appointed attorney are subject to audit by the Auditor
 3285         General; requiring the Justice Administrative
 3286         Commission to review such records and documents before
 3287         authorizing payment to the court-appointed attorney;
 3288         providing a rebuttable presumption for certain
 3289         objections made by or on behalf of the Justice
 3290         Administrative Commission; revising the presumption in
 3291         favor of the commission regarding a court-appointed
 3292         attorney’s waiver of the right to seek compensation in
 3293         excess of the flat fee; providing for the expiration
 3294         and reversion of specified statutory text; amending s.
 3295         27.5304, F.S.; providing a rebuttable presumption for
 3296         certain objections made by or on behalf of the Justice
 3297         Administrative Commission at the evidentiary hearing
 3298         regarding the private court-appointed counsel’s
 3299         compensation; increasing the length of time before the
 3300         hearing that certain documents must be served on the
 3301         commission; authorizing the commission to appear in
 3302         person or telephonically at such hearing; establishing
 3303         certain limitations on compensation for private court
 3304         appointed counsel for the 2019-2020 fiscal year;
 3305         conforming provisions to changes made by the act;
 3306         providing for the expiration and reversion of
 3307         specified statutory text; specifying that clerks of
 3308         the circuit court are responsible for certain costs
 3309         related to juries which exceed a certain funding
 3310         level; reenacting s. 318.18(19)(c), F.S., relating to
 3311         penalty amounts for traffic infractions; extending for
 3312         1 fiscal year the redirection of revenues from the
 3313         Public Defenders Revenue Trust Fund to the Indigent
 3314         Criminal Defense Trust Fund; reenacting s.
 3315         817.568(12)(b), F.S., relating to the criminal use of
 3316         personal identification information; extending for 1
 3317         fiscal year the redirection of revenues from the
 3318         Public Defenders Revenue Trust Fund to the Indigent
 3319         Criminal Defense Trust Fund; providing for the
 3320         expiration and reversion of specified statutory text;
 3321         authorizing a Supreme Court Justice to designate an
 3322         alternate facility as his or her official headquarters
 3323         for purposes of travel reimbursement; specifying
 3324         expenses for which a justice may be reimbursed;
 3325         requiring the Chief Justice to coordinate with an
 3326         affected justice and other appropriate officials with
 3327         respect to implementation; providing construction;
 3328         prohibiting the Supreme Court from using state funds
 3329         to lease space in an alternate facility for use as a
 3330         justice’s official headquarters; requiring the
 3331         Department of Management Services to use tenant broker
 3332         services to renegotiate or reprocure certain private
 3333         lease agreements for office or storage space;
 3334         requiring the Department of Management Services to
 3335         provide a report to the Governor and Legislature by a
 3336         specified date; specifying the amount of the
 3337         transaction fee to be collected for use of the online
 3338         procurement system; prohibiting an agency from
 3339         transferring funds from a data processing category to
 3340         another category that is not a data processing
 3341         category; authorizing the Executive Office of the
 3342         Governor to transfer funds appropriated for data
 3343         processing assessment between departments for a
 3344         specified purpose; authorizing the Executive Office of
 3345         the Governor to transfer funds between departments for
 3346         purposes of aligning amounts paid for risk management
 3347         insurance and for human resources services; requiring
 3348         the Department of Financial Services to replace
 3349         specified components of the Florida Accounting
 3350         Information Resource Subsystem (FLAIR) and the Cash
 3351         Management Subsystem (CMS); specifying certain actions
 3352         to be taken by the Department of Financial Services
 3353         regarding FLAIR and CMS replacement; providing for the
 3354         composition of an executive steering committee to
 3355         oversee FLAIR and CMS replacement; prescribing duties
 3356         and responsibilities of the executive steering
 3357         committee; requiring executive branch state agencies
 3358         and the judicial branch to collaborate with the
 3359         Executive Office of the Governor regarding
 3360         implementation of the statewide travel management
 3361         system and to use such system; transferring specified
 3362         entities within the Agency for State Technology to the
 3363         Department of Management Services by a type two
 3364         transfer; amending s. 20.22, F.S.; extending for 1
 3365         fiscal year a provision requiring the Department of
 3366         Management Services to provide certain financial
 3367         management oversight to the Agency for State
 3368         Technology; amending s. 20.255, F.S.; extending for 1
 3369         fiscal year a provision designating the Department of
 3370         Environmental Protection as the lead executive branch
 3371         agency regarding geospatial data; amending s. 20.61,
 3372         F.S.; providing exceptions to the requirement that the
 3373         Agency for State Technology is not subject to control,
 3374         supervision, or direction by the Department of
 3375         Management Services; removing provisions providing for
 3376         establishment of certain positions within the agency;
 3377         providing for the expiration and reversion of
 3378         specified statutory text; reenacting s. 282.0041(5),
 3379         (20), and (28), F.S., relating to definitions for ch.
 3380         282, F.S.; reenacting s. 282.0051(11), F.S., relating
 3381         to the powers, duties, and functions of the Agency for
 3382         State Technology; reenacting s. 282.201(2)(d), F.S.,
 3383         relating to the state data center; providing for the
 3384         expiration and reversion of specified statutory text;
 3385         specifying conditions under which certain sections of
 3386         the act regarding information technology
 3387         reorganization may not take effect; amending s.
 3388         216.181, F.S.; extending for 1 fiscal year the
 3389         authority for the Legislative Budget Commission to
 3390         increase amounts appropriated to the Fish and Wildlife
 3391         Conservation Commission or the Department of
 3392         Environmental Protection for certain fixed capital
 3393         outlay projects from specified sources; amending s.
 3394         215.18, F.S.; extending for 1 fiscal year the
 3395         authority of the Governor, if there is a specified
 3396         temporary deficiency in a land acquisition trust fund
 3397         in the Department of Agriculture and Consumer
 3398         Services, the Department of Environmental Protection,
 3399         the Department of State, or the Fish and Wildlife
 3400         Conservation Commission, to transfer funds from other
 3401         trust funds in the State Treasury as a temporary loan
 3402         to such trust fund; providing a deadline for the
 3403         repayment of a temporary loan; requiring the
 3404         Department of Environmental Protection to transfer
 3405         designated proportions of the revenues deposited in
 3406         the Land Acquisition Trust Fund within the department
 3407         to land acquisition trust funds in the Department of
 3408         Agriculture and Consumer Services, the Department of
 3409         State, and the Fish and Wildlife Conservation
 3410         Commission according to specified parameters and
 3411         calculations; defining the term “department”;
 3412         requiring the Department of Environmental Protection
 3413         to retain a proportionate share of revenues;
 3414         specifying a limit on distributions; requiring the
 3415         Department of Environmental Protection to make
 3416         transfers to land acquisition trust funds; specifying
 3417         the method of determining transfer amounts;
 3418         authorizing the Department of Environmental Protection
 3419         to advance funds from its land acquisition trust fund
 3420         to the Fish and Wildlife Conservation Commission’s
 3421         land acquisition trust fund for specified purposes;
 3422         requiring the Department of Environmental Protection
 3423         to prorate amounts transferred to the Fish and
 3424         Wildlife Conservation Commission; amending s. 375.041,
 3425         F.S.; specifying that certain funds for projects
 3426         dedicated to restoring Lake Apopka shall be
 3427         appropriated as provided in the General Appropriations
 3428         Act; amending s. 216.181, F.S.; authorizing the
 3429         Legislative Budget Commission to increase amounts
 3430         appropriated to the Department of Environmental
 3431         Protection for fixed capital outlay projects using
 3432         specified funds; specifying additional information to
 3433         be included in budget amendments for projects
 3434         requiring additional funding; authorizing the
 3435         Department of Agriculture and Consumer Services to
 3436         submit a budget amendment to increase budget authority
 3437         for a school lunch program under certain
 3438         circumstances; amending s. 570.441, F.S.; extending
 3439         for 1 fiscal year a provision authorizing the
 3440         Department of Agriculture and Consumer Services to use
 3441         certain funds for purposes related to the Division of
 3442         Agricultural Environmental Services; amending s.
 3443         570.93, F.S.; revising requirements for a cost-share
 3444         program administered by the Department of Agriculture
 3445         and Consumer Services; providing for the expiration
 3446         and reversion of specified statutory text; amending s.
 3447         525.07, F.S.; authorizing the Department of
 3448         Agriculture and Consumer Services to affix an
 3449         inspection sticker meeting specified requirements to
 3450         any petroleum measuring device; providing for the
 3451         expiration and reversion of specified statutory text;
 3452         amending s. 259.105, F.S.; providing for the
 3453         distribution of proceeds from the Florida Forever
 3454         Trust Fund for the 2019-2020 fiscal year; amending s.
 3455         321.04, F.S.; requiring the Department of Highway
 3456         Safety and Motor Vehicles to assign one or more patrol
 3457         officers to the office of Lieutenant Governor for
 3458         security purposes, upon request of the Governor;
 3459         extending for 1 fiscal year the requirement that the
 3460         Department of Highway Safety and Motor Vehicles assign
 3461         a patrol officer to a Cabinet member under certain
 3462         circumstances; amending s. 420.9079, F.S.; authorizing
 3463         funds in the Local Government Housing Trust Fund to be
 3464         used as provided in the General Appropriations Act;
 3465         amending s. 420.0005, F.S.; authorizing certain funds
 3466         related to state housing to be used as provided in the
 3467         General Appropriations Act; amending s. 288.0655,
 3468         F.S.; specifying how funds appropriated for the grant
 3469         program under the Rural Infrastructure Fund for
 3470         Florida Panhandle counties are to be distributed;
 3471         amending s. 288.1226, F.S.; revising the scheduled
 3472         repeal of the Florida Tourism Industry Marketing
 3473         Corporation direct-support organization; amending s.
 3474         288.923, F.S.; revising the scheduled repeal of the
 3475         Division of Tourism Marketing of Enterprise Florida,
 3476         Inc.; amending s. 339.135, F.S.; authorizing the chair
 3477         and vice chair of the Legislative Budget Commission to
 3478         approve the Department of Transportation’s budget
 3479         amendment under specified circumstances; amending s.
 3480         339.2818, F.S.; authorizing certain counties and
 3481         municipalities to compete for additional funds for
 3482         specified purposes related to Hurricane Michael
 3483         recovery; amending s. 112.061, F.S.; authorizing the
 3484         Lieutenant Governor to designate an alternative
 3485         official headquarters if certain conditions are met;
 3486         specifying restrictions and limitations; specifying
 3487         eligibility for the subsistence allowance and the
 3488         reimbursement of transportation expenses, and
 3489         providing for the payment thereof; amending s.
 3490         216.292, F.S.; extending for 1 fiscal year a provision
 3491         prescribing requirements for the review of certain
 3492         transfers of appropriations; requiring the Department
 3493         of Management Services to maintain and offer the same
 3494         health insurance options for participants of the State
 3495         Group Health Insurance Program for the 2019-2020
 3496         fiscal year as for the preceding fiscal year;
 3497         prohibiting a state agency from initiating a
 3498         competitive solicitation for a product or service
 3499         under certain circumstances; providing an exception;
 3500         amending s. 112.24, F.S.; extending for 1 fiscal year
 3501         the authorization, subject to specified requirements,
 3502         for the assignment of an employee of a state agency
 3503         under an employee interchange agreement; providing
 3504         that the annual salaries of the members of the
 3505         Legislature be maintained at a specified level;
 3506         reenacting s. 215.32(2)(b), F.S., relating to the
 3507         source and use of certain trust funds; providing for
 3508         the future expiration and reversion of statutory text;
 3509         limiting the use of travel funds to activities that
 3510         are critical to an agency’s mission; providing
 3511         exceptions; placing a monetary cap on lodging expenses
 3512         for state employee travel to certain meetings
 3513         organized or sponsored by a state agency or the
 3514         judicial branch; authorizing employees to expend their
 3515         own funds for lodging expenses in excess of the
 3516         monetary caps; prohibiting state agencies from
 3517         entering into contracts containing certain
 3518         nondisclosure agreements; providing conditions under
 3519         which the veto of certain appropriations or proviso
 3520         language in the General Appropriations Act voids
 3521         language that implements such appropriation; providing
 3522         for the continued operation of certain provisions
 3523         notwithstanding a future repeal or expiration provided
 3524         by the act; providing severability; providing
 3525         effective dates.