Florida Senate - 2019 (PROPOSED BILL) SPB 2502
FOR CONSIDERATION By the Committee on Appropriations
576-03347-19 20192502pb
1 A bill to be entitled
2 An act implementing the 2019-2020 General
3 Appropriations Act; providing legislative intent;
4 incorporating by reference certain calculations of the
5 Florida Education Finance Program; providing that
6 funds for instructional materials must be released and
7 expended as required in specified proviso language;
8 amending s. 1001.292, F.S.; deleting a provision
9 providing for the carrying forward of undisbursed
10 funds allocated for the Schools of Hope Revolving Loan
11 Program; amending s. 1002.333, F.S.; deleting the
12 authorization for a traditional public school to
13 receive funds from the Schools of Hope Program;
14 deleting a requirement for the State Board of
15 Education to provide awards and annually report
16 certain information; deleting a provision providing
17 for the carrying forward of undisbursed funds
18 allocated for the Schools of Hope Program; providing
19 for the expiration and reversion of specified
20 statutory text; creating part VII of ch. 1003, F.S.,
21 consisting of s. 1003.64, F.S., entitled “Public
22 School Innovation”; providing legislative intent;
23 creating the Community School Grant Program within the
24 Department of Education; providing the purpose of the
25 program; defining terms; specifying criteria for a
26 community school; requiring community schools to
27 designate a community school program director;
28 providing duties of community school program
29 directors; establishing the Center for Community
30 Schools within the University of Central Florida;
31 requiring that the center be headed by a director, and
32 providing duties thereof; prescribing reporting
33 requirements as to community school program directors,
34 the center director, and the Commissioner of
35 Education, respectively; amending s. 1008.33, F.S.;
36 modifying components of a district-managed turnaround
37 plan; providing for the expiration and reversion of
38 specified statutory text; amending s. 1009.215, F.S.;
39 revising the academic terms in which certain students
40 are eligible to receive Bright Futures Scholarships;
41 providing that such students may receive scholarships
42 for the fall term for specified coursework under
43 certain circumstances; providing for the expiration
44 and reversion of specified statutory text; amending s.
45 1011.62, F.S.; modifying the manner by which the
46 virtual education contribution is calculated; removing
47 a requirement that the total allocation for the
48 federally connected student supplement be prorated
49 under certain circumstances; revising the distribution
50 formula for a certain portion of the safe schools
51 allocation; deleting obsolete language; extending for
52 1 fiscal year provisions governing the funding
53 compression allocation; creating the Florida Best and
54 Brightest Teacher and Principal Allocation; specifying
55 the purpose of the allocation; specifying the manner
56 by which funding is provided for the allocation;
57 prescribing award amounts; creating the turnaround
58 school supplemental services allocation; specifying
59 the purpose of the allocation; specifying types of
60 services that may be funded from the allocation;
61 requiring a school district to develop and submit a
62 plan to its school board before distribution of the
63 allocation; prescribing minimum requirements of the
64 school district’s plan; requiring each school district
65 to annually submit approved plans to the Commissioner
66 of Education by a specified date; specifying the basis
67 for each school district’s funding allocation;
68 providing for a school’s continued eligibility for
69 funding; providing for the expiration and reversion of
70 specified statutory text; amending s. 1011.80, F.S.;
71 removing a limitation on the maximum amount of funding
72 that may be appropriated for performance funding
73 relating to funds for the operation of workforce
74 education programs; amending s. 1011.81, F.S.;
75 removing a limitation on the maximum amount of funding
76 that may be appropriated for performance funding
77 relating to industry certifications for Florida
78 College System institutions; providing for the
79 expiration and reversion of specified statutory text;
80 amending s. 1012.731, F.S.; renaming the Florida Best
81 and Brightest Teacher Scholarship Program as the
82 Florida Best and Brightest Teacher Program; revising
83 legislative intent relating to the program; deleting
84 authority for the Department of Education to
85 administer the program; specifying the funding source
86 for the program; providing for recruitment, retention,
87 and bonus awards; providing eligibility requirements;
88 deleting a requirement for school districts to submit
89 certain information to the department; deleting a
90 requirement for the department to disburse scholarship
91 funds to certain school districts; deleting a
92 requirement that school districts award specified
93 scholarships; deleting a definition; amending s.
94 1012.732, F.S.; renaming the Florida Best and
95 Brightest Principal Scholarship Program as the Florida
96 Best and Brightest Principal Program; revising
97 legislative intent relating to the program; deleting
98 authority for the Department of Education to
99 administer the program; specifying the funding source
100 for the program; providing eligibility requirements;
101 deleting a requirement for the department to identify
102 eligible school principals and disburse funds;
103 deleting a requirement for school districts to award
104 scholarships to specified school principals; deleting
105 a requirement for school districts to provide certain
106 principals with additional authority and
107 responsibilities; deleting a definition; providing for
108 the expiration and reversion of specified statutory
109 text; amending s. 1013.62, F.S.; revising the manner
110 by which charter schools capital outlay funding is
111 appropriated; providing for the expiration and
112 reversion of specified statutory text; incorporating
113 by reference certain calculations for the Medicaid
114 Disproportionate Share Hospital program; authorizing
115 the Agency for Health Care Administration, in
116 consultation with the Department of Health, to submit
117 a budget amendment to realign funding for a component
118 of the Children’s Medical Services program to reflect
119 actual enrollment changes; specifying requirements for
120 such realignment; authorizing the agency to request
121 nonoperating budget authority for transferring certain
122 federal funds to the Department of Health; reenacting
123 s. 409.908(23), F.S., relating to the reimbursement of
124 Medicaid providers; providing for the future
125 expiration and reversion of specified statutory text;
126 requiring the Agency for Health Care Administration to
127 seek authorization from the federal Centers for
128 Medicare and Medicaid Services to eliminate the
129 Medicaid retroactive eligibility period to ensure that
130 the elimination becomes effective by a certain date;
131 amending s. 893.055, F.S.; extending for 1 fiscal year
132 a provision prohibiting the Attorney General and the
133 Department of Health from using certain settlement
134 agreement funds to administer the prescription drug
135 monitoring program; amending s. 409.911, F.S.;
136 updating the average of audited disproportionate share
137 data for purposes of calculating disproportionate
138 share payments; extending for 1 fiscal year the
139 requirement that the Agency for Health Care
140 Administration distribute moneys to hospitals that
141 provide a disproportionate share of Medicaid or
142 charity care services, as provided in the General
143 Appropriations Act; amending s. 409.9113, F.S.;
144 extending for 1 fiscal year the requirement that the
145 Agency for Health Care Administration make
146 disproportionate share payments to teaching hospitals
147 as provided in the General Appropriations Act;
148 amending s. 409.9119, F.S.; extending for 1 fiscal
149 year the requirement that the Agency for Health Care
150 Administration make disproportionate share payments to
151 certain specialty hospitals for children; authorizing
152 the Agency for Health Care Administration to submit a
153 budget amendment to realign Medicaid funding for
154 specified purposes, subject to certain limitations;
155 amending s. 381.986, F.S.; extending for 1 fiscal year
156 an exemption from legislative rule ratification
157 requirements for rules pertaining to the medical use
158 of marijuana; amending s. 381.988, F.S.; extending for
159 1 fiscal year an exemption from legislative rule
160 ratification requirements for rules pertaining to
161 medical marijuana testing laboratories; amending s.
162 383.14, F.S.; requiring the Department of Health to
163 integrate screening for spinal muscular atrophy into
164 the newborn screening testing panel; amending s. 28,
165 ch. 2016-65, Laws of Florida; authorizing the
166 contracted not-for-profit organization providing
167 elderly services in Northeast Florida to serve
168 individuals in additional counties; authorizing the
169 Department of Children and Families to submit a budget
170 amendment to realign funding for implementation of the
171 Guardianship Assistance Program; requiring the
172 Department of Children and Families to establish a
173 formula for the distribution of funds to implement the
174 Guardianship Assistance Program; amending s. 409.991,
175 F.S.; redefining the term “core services funds” to
176 include funds appropriated for the Guardianship
177 Assistance Program; amending s. 296.37, F.S.;
178 extending for 1 fiscal year a provision specifying the
179 monthly contribution to residents of a state veterans’
180 nursing home; creating the Task Force on the Criminal
181 Punishment Code adjunct to the Department of Legal
182 Affairs; providing a legislative finding; specifying
183 the task force’s purpose; requiring that the task
184 force analyze best practices; providing for membership
185 of the task force and the filling of any vacancies;
186 providing meeting requirements; providing for staff
187 support; requiring specified governmental entities to
188 provide certain information and support services upon
189 request of the Attorney General; providing for
190 reimbursement of per diem and travel expenses;
191 prescribing reporting requirements; providing for
192 dissolution of the task force; amending s. 216.262,
193 F.S.; extending for 1 fiscal year the authority of the
194 Department of Corrections to submit a budget amendment
195 for additional positions and appropriations under
196 certain circumstances; amending s. 215.18, F.S.;
197 extending for 1 fiscal year the authority and related
198 repayment requirements for temporary trust fund loans
199 to the state court system which are sufficient to meet
200 the system’s appropriation; requiring the Department
201 of Juvenile Justice to review county juvenile
202 detention payments to determine whether a county has
203 met specified financial responsibilities; requiring
204 amounts owed by the county for such financial
205 responsibilities to be deducted from certain county
206 funds; requiring the Department of Revenue to transfer
207 withheld funds to a specified trust fund; requiring
208 the Department of Revenue to ensure that such
209 reductions in amounts distributed do not reduce
210 distributions below amounts necessary for certain
211 payments due on bonds and to comply with bond
212 covenants; requiring the Department of Revenue to
213 notify the Department of Juvenile Justice if bond
214 payment requirements mandate a reduction in deductions
215 for amounts owed by a county; prohibiting the
216 Department of Juvenile Justice from providing to
217 certain nonfiscally constrained counties
218 reimbursements or credits against identified juvenile
219 detention center costs under specified circumstances;
220 prohibiting a nonfiscally constrained county from
221 applying, deducting, or receiving such reimbursements
222 or credits; amending s. 27.40, F.S.; revising
223 conditions under which the office of criminal conflict
224 and civil regional counsel may be appointed to
225 represent certain persons; revising circumstances
226 under which private counsel may be appointed; making a
227 conforming change; requiring inclusion of a specified
228 statement on uniform contracts and forms used for
229 private court-appointed counsel; modifying
230 requirements for the notice of appearance filed by a
231 court-appointed attorney; modifying conditions under
232 which a private attorney is entitled to payment;
233 providing that the flat fee for compensation of
234 private court-appointed counsel is presumed to be
235 sufficient; providing that certain records and
236 documents maintained by the court-appointed attorney
237 are subject to audit by the Auditor General; requiring
238 the Justice Administrative Commission to review such
239 records and documents before authorizing payment to
240 the court-appointed attorney; providing a rebuttable
241 presumption for certain objections made by or on
242 behalf of the Justice Administrative Commission;
243 revising the presumption in favor of the commission
244 regarding a court-appointed attorney’s waiver of the
245 right to seek compensation in excess of the flat fee;
246 providing for the expiration and reversion of
247 specified statutory text; amending s. 27.5304, F.S.;
248 providing a rebuttable presumption for certain
249 objections made by or on behalf of the Justice
250 Administrative Commission at the evidentiary hearing
251 regarding the private court-appointed counsel’s
252 compensation; increasing the length of time before the
253 hearing that certain documents must be served on the
254 commission; authorizing the commission to appear in
255 person or telephonically at such hearing; establishing
256 certain limitations on compensation for private court
257 appointed counsel for the 2019-2020 fiscal year;
258 conforming provisions to changes made by the act;
259 providing for the expiration and reversion of
260 specified statutory text; specifying that clerks of
261 the circuit court are responsible for certain costs
262 related to juries which exceed a certain funding
263 level; reenacting s. 318.18(19)(c), F.S., relating to
264 penalty amounts for traffic infractions; extending for
265 1 fiscal year the redirection of revenues from the
266 Public Defenders Revenue Trust Fund to the Indigent
267 Criminal Defense Trust Fund; reenacting s.
268 817.568(12)(b), F.S., relating to the criminal use of
269 personal identification information; extending for 1
270 fiscal year the redirection of revenues from the
271 Public Defenders Revenue Trust Fund to the Indigent
272 Criminal Defense Trust Fund; providing for the
273 expiration and reversion of specified statutory text;
274 authorizing a Supreme Court Justice to designate an
275 alternate facility as his or her official headquarters
276 for purposes of travel reimbursement; specifying
277 expenses for which a justice may be reimbursed;
278 requiring the Chief Justice to coordinate with an
279 affected justice and other appropriate officials with
280 respect to implementation; providing construction;
281 prohibiting the Supreme Court from using state funds
282 to lease space in an alternate facility for use as a
283 justice’s official headquarters; requiring the
284 Department of Management Services to use tenant broker
285 services to renegotiate or reprocure certain private
286 lease agreements for office or storage space;
287 requiring the Department of Management Services to
288 provide a report to the Governor and Legislature by a
289 specified date; specifying the amount of the
290 transaction fee to be collected for use of the online
291 procurement system; prohibiting an agency from
292 transferring funds from a data processing category to
293 another category that is not a data processing
294 category; authorizing the Executive Office of the
295 Governor to transfer funds appropriated for data
296 processing assessment between departments for a
297 specified purpose; authorizing the Executive Office of
298 the Governor to transfer funds between departments for
299 purposes of aligning amounts paid for risk management
300 insurance and for human resources services; requiring
301 the Department of Financial Services to replace
302 specified components of the Florida Accounting
303 Information Resource Subsystem (FLAIR) and the Cash
304 Management Subsystem (CMS); specifying certain actions
305 to be taken by the Department of Financial Services
306 regarding FLAIR and CMS replacement; providing for the
307 composition of an executive steering committee to
308 oversee FLAIR and CMS replacement; prescribing duties
309 and responsibilities of the executive steering
310 committee; transferring specified entities within the
311 Agency for State Technology to the Department of
312 Management Services by a type two transfer; amending
313 s. 112.061, F.S.; authorizing the Lieutenant Governor
314 to designate an alternative official headquarters if
315 certain conditions are met; specifying restrictions
316 and limitations; specifying eligibility for the
317 subsistence allowance and the reimbursement of
318 transportation expenses, and providing for the payment
319 thereof; amending s. 20.22, F.S.; extending for 1
320 fiscal year a provision requiring the Department of
321 Management Services to provide certain financial
322 management oversight to the Agency for State
323 Technology; amending s. 20.255, F.S.; extending for 1
324 fiscal year a provision designating the Department of
325 Environmental Protection as the lead executive branch
326 agency regarding geospatial data; amending s. 20.61,
327 F.S.; providing exceptions to the requirement that the
328 Agency for State Technology is not subject to control,
329 supervision, or direction by the Department of
330 Management Services; prescribing duties and
331 responsibilities of the agency’s strategic planning
332 coordinators; providing qualifications for the chief
333 data center operations officer; removing the position
334 of chief technology officer; providing for the
335 expiration and reversion of specified statutory text;
336 reenacting s. 282.0041(5), (20), and (28), F.S.,
337 relating to definitions for ch. 282, F.S.; reenacting
338 s. 282.0051(11), F.S., relating to the powers, duties,
339 and functions of the Agency for State Technology;
340 reenacting s. 282.201(2)(d), F.S., relating to the
341 state data center; providing for the expiration and
342 reversion of specified statutory text; amending s.
343 409.2567, F.S.; modifying the federally required
344 application fee for public assistance to conform to
345 federal law; providing for the expiration and
346 reversion of specified statutory text; amending s.
347 216.181, F.S.; extending for 1 fiscal year the
348 authority for the Legislative Budget Commission to
349 increase amounts appropriated to the Fish and Wildlife
350 Conservation Commission or the Department of
351 Environmental Protection for certain fixed capital
352 outlay projects from specified sources; amending s.
353 215.18, F.S.; extending for 1 fiscal year the
354 authority of the Governor, if there is a specified
355 temporary deficiency in a land acquisition trust fund
356 in the Department of Agriculture and Consumer
357 Services, the Department of Environmental Protection,
358 the Department of State, or the Fish and Wildlife
359 Conservation Commission, to transfer funds from other
360 trust funds in the State Treasury as a temporary loan
361 to such trust fund; providing a deadline for the
362 repayment of a temporary loan; requiring the
363 Department of Environmental Protection to transfer
364 designated proportions of the revenues deposited in
365 the Land Acquisition Trust Fund within the department
366 to land acquisition trust funds in the Department of
367 Agriculture and Consumer Services, the Department of
368 State, and the Fish and Wildlife Conservation
369 Commission according to specified parameters and
370 calculations; defining the term “department”;
371 requiring the Department of Environmental Protection
372 to retain a proportionate share of revenues;
373 specifying a limit on distributions; requiring the
374 Department of Environmental Protection to make
375 transfers to land acquisition trust funds; specifying
376 the method of determining transfer amounts;
377 authorizing the Department of Environmental Protection
378 to advance funds from its land acquisition trust fund
379 to the Fish and Wildlife Conservation Commission’s
380 land acquisition trust fund for specified purposes;
381 requiring the Department of Environmental Protection
382 to prorate amounts transferred to the Fish and
383 Wildlife Conservation Commission; reenacting s.
384 373.470(6)(a), F.S., relating to Everglades
385 restoration; extending for 1 fiscal year a provision
386 regarding Save Our Everglades Trust Fund distributions
387 to the South Florida Water Management District;
388 providing for the expiration and reversion of
389 specified statutory text; amending s. 216.181, F.S.;
390 authorizing the Legislative Budget Commission to
391 increase amounts appropriated to the Department of
392 Environmental Protection for fixed capital outlay
393 projects using specified funds; specifying additional
394 information to be included in budget amendments for
395 projects requiring additional funding; amending s.
396 259.105, F.S.; providing for the distribution of
397 proceeds from the Florida Forever Trust Fund for the
398 2019-2020 fiscal year; amending s. 206.9935, F.S.;
399 providing for the transfer of a specified sum from the
400 Inland Protection Trust Fund to the Water Protection
401 and Sustainability Program Trust Fund for certain
402 purposes; amending s. 373.707, F.S.; requiring water
403 management districts and basin boards to match certain
404 state funds allocated for alternative water supply
405 projects; deleting a provision requiring a water
406 management district to include certain information in
407 its budget submission; providing for the expiration
408 and reversion of specified statutory text; amending s.
409 321.04, F.S.; requiring the Department of Highway
410 Safety and Motor Vehicles to assign one or more patrol
411 officers to the office of Lieutenant Governor for
412 security purposes, upon request of the Governor;
413 extending for 1 fiscal year the requirement that the
414 Department of Highway Safety and Motor Vehicles assign
415 a patrol officer to a Cabinet member under certain
416 circumstances; amending s. 420.9079, F.S.; authorizing
417 funds in the Local Government Housing Trust Fund to be
418 used as provided in the General Appropriations Act;
419 amending s. 420.0005, F.S.; authorizing certain funds
420 related to state housing to be used as provided in the
421 General Appropriations Act; amending s. 339.135, F.S.;
422 authorizing the chair and vice chair of the
423 Legislative Budget Commission to approve the
424 Department of Transportation’s budget amendment under
425 specified circumstances; amending s. 339.2818, F.S.;
426 authorizing certain counties and municipalities to
427 compete for additional funds for specified purposes
428 related to Hurricane Michael recovery; amending s.
429 216.292, F.S.; extending for 1 fiscal year a provision
430 prescribing requirements for the review of certain
431 transfers of appropriations; requiring the Department
432 of Management Services to maintain and offer the same
433 health insurance options for participants of the State
434 Group Health Insurance Program for the 2019-2020
435 fiscal year as for the preceding fiscal year;
436 prohibiting a state agency from initiating a
437 competitive solicitation for a product or service
438 under certain circumstances; providing an exception;
439 amending s. 112.24, F.S.; extending for 1 fiscal year
440 the authorization, subject to specified requirements,
441 for the assignment of an employee of a state agency
442 under an employee interchange agreement; providing
443 that the annual salaries of the members of the
444 Legislature be maintained at a specified level;
445 reenacting s. 215.32(2)(b), F.S., relating to the
446 source and use of certain trust funds; providing for
447 the future expiration and reversion of statutory text;
448 limiting the use of travel funds to activities that
449 are critical to an agency’s mission; providing
450 exceptions; prohibiting state agencies from entering
451 into contracts containing certain nondisclosure
452 agreements; providing conditions under which the veto
453 of certain appropriations or proviso language in the
454 General Appropriations Act voids language that
455 implements such appropriation; providing for the
456 continued operation of certain provisions
457 notwithstanding a future repeal or expiration provided
458 by the act; providing severability; providing
459 effective dates.
460
461 Be It Enacted by the Legislature of the State of Florida:
462
463 Section 1. It is the intent of the Legislature that the
464 implementing and administering provisions of this act apply to
465 the General Appropriations Act for the 2019-2020 fiscal year.
466 Section 2. In order to implement Specific Appropriations 6,
467 7, 8, 93, and 94 of the 2019-2020 General Appropriations Act,
468 the calculations of the Florida Education Finance Program for
469 the 2019-2020 fiscal year included in the document titled
470 “Public School Funding: The Florida Education Finance Program,”
471 dated March 22, 2019, and filed with the Secretary of the
472 Senate, are incorporated by reference for the purpose of
473 displaying the calculations used by the Legislature, consistent
474 with the requirements of state law, in making appropriations for
475 the Florida Education Finance Program. This section expires July
476 1, 2020.
477 Section 3. In order to implement Specific Appropriations 6
478 and 93 of the 2019-2020 General Appropriations Act, and
479 notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
480 1011.62(6)(b)5., and 1011.67, Florida Statutes, relating to the
481 expenditure of funds provided for instructional materials, for
482 the 2019-2020 fiscal year, funds provided for instructional
483 materials shall be released and expended as required in the
484 proviso language for Specific Appropriation 93 of the 2019-2020
485 General Appropriations Act. This section expires July 1, 2020.
486 Section 4. In order to implement Specific Appropriations 6
487 and 93 of the 2019-2020 General Appropriations Act, subsection
488 (8) of section 1001.292, Florida Statutes, is amended to read:
489 1001.292 Schools of Hope Revolving Loan Program.—
490 (8) Notwithstanding s. 216.301 and pursuant to s. 216.351,
491 funds allocated for this purpose which are not disbursed by June
492 30 of the fiscal year in which the funds are allocated may be
493 carried forward for up to 5 years after the effective date of
494 the original appropriation.
495 Section 5. In order to implement Specific Appropriations 6
496 and 93 of the 2019-2020 General Appropriations Act, subsection
497 (10) of section 1002.333, Florida Statutes, is amended to read:
498 1002.333 Persistently low-performing schools.—
499 (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
500 is created within the Department of Education.
501 (a) A school of hope is eligible to receive funds from the
502 Schools of Hope Program for the following expenditures:
503 (a)1. Preparing teachers, school leaders, and specialized
504 instructional support personnel, including costs associated
505 with:
506 1.a. Providing professional development.
507 2.b. Hiring and compensating teachers, school leaders, and
508 specialized instructional support personnel for services beyond
509 the school day and year.
510 (b)2. Acquiring supplies, training, equipment, and
511 educational materials, including developing and acquiring
512 instructional materials.
513 (c)3. Providing one-time startup costs associated with
514 providing transportation to students to and from the charter
515 school.
516 (d)4. Carrying out community engagement activities, which
517 may include paying the cost of student and staff recruitment.
518 (e)5. Providing funds to cover the nonvoted ad valorem
519 millage that would otherwise be required for schools and the
520 required local effort funds calculated pursuant to s. 1011.62
521 when the state board enters into an agreement with a hope
522 operator pursuant to subsection (5).
523 (b) A traditional public school that is required to submit
524 a plan for implementation pursuant to s. 1008.33(4) is eligible
525 to receive up to $2,000 per full-time equivalent student from
526 the Schools of Hope Program based upon the strength of the
527 school’s plan for implementation and its focus on evidence-based
528 interventions that lead to student success by providing wrap
529 around services that leverage community assets, improve school
530 and community collaboration, and develop family and community
531 partnerships. Wrap-around services include, but are not limited
532 to, tutorial and after-school programs, student counseling,
533 nutrition education, parental counseling, and adult education.
534 Plans for implementation may also include models that develop a
535 culture of attending college, high academic expectations,
536 character development, dress codes, and an extended school day
537 and school year. At a minimum, a plan for implementation must:
538 1. Establish wrap-around services that develop family and
539 community partnerships.
540 2. Establish clearly defined and measurable high academic
541 and character standards.
542 3. Increase parental involvement and engagement in the
543 child’s education.
544 4. Describe how the school district will identify, recruit,
545 retain, and reward instructional personnel. The state board may
546 waive the requirements of s. 1012.22(1)(c)5., and suspend the
547 requirements of s. 1012.34, to facilitate implementation of the
548 plan.
549 5. Identify a knowledge-rich curriculum that the school
550 will use that focuses on developing a student’s background
551 knowledge.
552 6. Provide professional development that focuses on
553 academic rigor, direct instruction, and creating high academic
554 and character standards.
555 (c) The state board shall:
556 1. Provide awards for up to 25 schools and prioritize
557 awards for plans submitted pursuant to paragraph (b) that are
558 based on whole school transformation and that are developed in
559 consultation with the school’s principal.
560 2. Annually report on the implementation of this subsection
561 in the report required by s. 1008.345(5), and provide summarized
562 academic performance reports of each traditional public school
563 receiving funds.
564 (d) Notwithstanding s. 216.301 and pursuant to s. 216.351,
565 funds allocated for the purpose of this subsection which are not
566 disbursed by June 30 of the fiscal year in which the funds are
567 allocated may be carried forward for up to 5 years after the
568 effective date of the original appropriation.
569 Section 6. The amendments to ss. 1001.292(8) and
570 1002.333(10), Florida Statutes, by this act, expire July 1,
571 2020, and the text of those subsections shall revert to that in
572 existence on June 30, 2019, except that any amendments to such
573 text enacted other than by this act shall be preserved and
574 continue to operate to the extent that such amendments are not
575 dependent upon the portions of text which expire pursuant to
576 this section.
577 Section 7. In order to implement Specific Appropriation
578 112A of the 2019-2020 General Appropriations Act, part VII of
579 chapter 1003, Florida Statutes, consisting of section 1003.64,
580 Florida Statutes, is created and entitled “Public School
581 Innovation.”
582 1003.64 Community School Grant Program.—It is the intent of
583 the Legislature to improve student success and well-being by
584 engaging and supporting parents and community organizations in
585 their efforts to positively impact student learning and
586 development.
587 (1) PURPOSE.—The Community School Grant Program is
588 established within the Department of Education to fund and
589 support the planning and implementation of community school
590 programs, subject to legislative appropriation.
591 (2) DEFINITIONS.—As used in this section, the term:
592 (a) “Center for Community Schools” means the center
593 established within the University of Central Florida.
594 (b) “Community organization” means a nonprofit organization
595 that has been in existence for at least 3 years and serves
596 individuals within the county in which a community school is
597 located.
598 (3) COMMUNITY SCHOOL.—
599 (a) A community school is a public school that receives a
600 grant under this section and partners with a community
601 organization, a university or college, and a health care
602 provider, to implement programs beyond the standard hours of
603 instruction which may include, but are not limited to, student
604 enrichment activities such as job training, internship
605 opportunities, and career counseling services; wellness
606 services; and family engagement programs.
607 (b) Each community school must designate a person of its
608 choosing as the community school program director. A community
609 school program director shall coordinate with the partners
610 specified under paragraph (a) to:
611 1. Facilitate the implementation of a community school
612 program.
613 2. Comply with the reporting requirements under paragraph
614 (5)(a).
615 (4) CENTER FOR COMMUNITY SCHOOLS.—The Center for Community
616 Schools is established within the University of Central Florida.
617 A center director shall head the Center for Community Schools.
618 At a minimum, the center director shall:
619 (a) Disseminate information about community schools to
620 community organizations; district school boards; state
621 universities and Florida College System institutions; and
622 independent, not-for-profit colleges and universities located
623 and chartered in this state which are accredited by the
624 Commission on Colleges of the Southern Association of Colleges
625 and Schools and are eligible to participate in the William L.
626 Boyd, IV, Effective Access to Student Education Grant Program.
627 (b) Coordinate, facilitate, and oversee the implementation
628 of community schools that receive a grant under this section,
629 and submit an annual report to the commissioner pursuant to
630 paragraph (5)(b).
631 (c) Publish on the center’s website the application form
632 for:
633 1. Implementing a community school program.
634 2. Certification by the center as a community school.
635 (d) Publish on the center’s website the process and
636 criteria for:
637 1. Approving the application for implementing a community
638 school program under subparagraph (c)1.
639 2. Awarding the certification under subparagraph (c)2.
640 (e) Establish a process to administer grant funds awarded
641 under this section.
642 (f) Promote best practices and provide technical assistance
643 about community schools to community school program directors.
644 (5) REPORTS.—
645 (a) By July 1 of each year, each community school program
646 director shall submit a report to the center which includes, at
647 a minimum, the following information:
648 1. An assessment of the effectiveness of the community
649 school program in improving student success outcomes;
650 2. Any issues encountered in the design and execution of
651 the community school program;
652 3. Recommendations for improving the delivery of services
653 to students, families, and community members under the program;
654 4. The number of students, families, and community members
655 served under the program; and
656 5. Any other information requested by the center director.
657 (b) The center director shall review the reports submitted
658 pursuant to paragraph (a) and, by August 15 of each year, shall
659 provide to the commissioner:
660 1. A summary of the information reported by each community
661 school that receives a grant under this section; and
662 2. Recommendations for policy and funding investments to
663 improve the implementation and oversight of community school
664 programs and to remove any barriers to the expansion of
665 community schools.
666 (c) The commissioner shall review the summary and
667 recommendations submitted by the center director under paragraph
668 (b) and, by September 30 of each year, shall submit a report to
669 the Governor, the President of the Senate, and the Speaker of
670 the House of Representatives. The annual report submitted by the
671 commissioner must, at a minimum, include information on the
672 status of community schools and his or her recommendations for
673 policy and funding investments to improve and expand community
674 schools.
675 (6) EXPIRATION.—This section expires July 1, 2020.
676 Section 8. In order to implement Specific Appropriations 6
677 and 93 of the 2019-2020 General Appropriations Act, subsection
678 (4) of section 1008.33, Florida Statutes, is amended to read:
679 1008.33 Authority to enforce public school improvement.—
680 (4)(a) The state board shall apply intensive intervention
681 and support strategies tailored to the needs of schools earning
682 two consecutive grades of “D” or a grade of “F.” In the first
683 full school year after a school initially earns two consecutive
684 grades of “D” or a grade of “F,” the school district must
685 immediately implement intervention and support strategies
686 prescribed in rule under paragraph (3)(c) and, by September 1,
687 provide the department with the memorandum of understanding
688 negotiated pursuant to s. 1001.42(21) and, by October 1, a
689 district-managed turnaround plan for approval by the state
690 board. The district-managed turnaround plan may include a
691 proposal for the district to implement an extended school day, a
692 summer program, or a combination of an extended school day and
693 summer program. Upon approval by the state board, the school
694 district must implement the plan for the remainder of the school
695 year and continue the plan for 1 full school year. The state
696 board may allow a school an additional year of implementation
697 before the school must implement a turnaround option required
698 under paragraph (b) if it determines that the school is likely
699 to improve to a grade of “C” or higher after the first full
700 school year of implementation.
701 (b) Unless an additional year of implementation is provided
702 pursuant to paragraph (a), a school that earns three consecutive
703 grades below a “C” must implement one of the following:
704 1. Reassign students to another school and monitor the
705 progress of each reassigned student;
706 2. Close the school and reopen the school as one or more
707 charter schools, each with a governing board that has a
708 demonstrated record of effectiveness; or
709 3. Contract with an outside entity that has a demonstrated
710 record of effectiveness to operate the school. An outside entity
711 may include a district-managed charter school in which all
712 instructional personnel are not employees of the school
713 district, but are employees of an independent governing board
714 composed of members who did not participate in the review or
715 approval of the charter.
716 (c) Implementation of the turnaround option is no longer
717 required if the school improves to a grade of “C” or higher.
718 (d) If a school earning two consecutive grades of “D” or a
719 grade of “F” does not improve to a grade of “C” or higher after
720 2 full school years of implementing the turnaround option
721 selected by the school district under paragraph (b), the school
722 district must implement another turnaround option.
723 Implementation of the turnaround option must begin the school
724 year following the implementation period of the existing
725 turnaround option, unless the state board determines that the
726 school is likely to improve to a grade of “C” or higher if
727 additional time is provided to implement the existing turnaround
728 option.
729 Section 9. The amendment to s. 1008.33(4), Florida
730 Statutes, by this act expires July 1, 2020, and the text of that
731 subsection shall revert to that in existence on June 30, 2019,
732 except that any amendments to such text enacted other than by
733 this act shall be preserved and continue to operate to the
734 extent that such amendments are not dependent upon the portions
735 of text which expire pursuant to this section.
736 Section 10. Effective July 1, 2019, upon the expiration and
737 reversion of the amendment made to section 1009.215, Florida
738 Statutes, pursuant to section 13 of chapter 2018-10, Laws of
739 Florida, and in order to implement Specific Appropriation 4 of
740 the 2019-2020 General Appropriations Act, subsection (3) of
741 section 1009.215, Florida Statutes, is amended to read:
742 1009.215 Student enrollment pilot program for the spring
743 and summer terms.—
744 (3) Students who are enrolled in the pilot program and who
745 are eligible to receive Bright Futures Scholarships under ss.
746 1009.53-1009.536 are shall be eligible to receive the
747 scholarship award for attendance during the spring and summer
748 terms. This student cohort is also eligible to receive Bright
749 Futures Scholarships during the fall term, which may be used for
750 off-campus or online coursework, if Bright Futures Scholarship
751 funding is provided by the Legislature for three terms for other
752 eligible students during that academic year no more than 2
753 semesters or the equivalent in any fiscal year, including the
754 summer term.
755 Section 11. The amendment to s. 1009.215(3), Florida
756 Statutes, by this act, expires July 1, 2020, and the text of
757 that subsection shall revert to that in existence on June 30,
758 2018, except that any amendments to such text enacted other than
759 by this act shall be preserved and continue to operate to the
760 extent that such amendments are not dependent upon the portions
761 of text which expire pursuant to this section.
762 Section 12. In order to implement Specific Appropriations 6
763 and 93 of the 2019-2020 General Appropriations Act, subsection
764 (11), paragraph (d) of subsection (13), and subsections (15) and
765 (17) of section 1011.62, Florida Statutes, are amended, and
766 subsections (20) and (21) are added to that section, to read:
767 1011.62 Funds for operation of schools.—If the annual
768 allocation from the Florida Education Finance Program to each
769 district for operation of schools is not determined in the
770 annual appropriations act or the substantive bill implementing
771 the annual appropriations act, it shall be determined as
772 follows:
773 (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
774 annually provide in the Florida Education Finance Program a
775 virtual education contribution. The amount of the virtual
776 education contribution shall be the difference between the
777 amount per FTE established in the General Appropriations Act for
778 virtual education and the amount per FTE for each district and
779 the Florida Virtual School, which may be calculated by taking
780 the sum of the base FEFP allocation, the discretionary local
781 effort, the state-funded discretionary contribution, the
782 discretionary millage compression supplement, the research-based
783 reading instruction allocation, best and brightest teacher and
784 principal allocation, and the instructional materials
785 allocation, and then dividing by the total unweighted FTE. This
786 difference shall be multiplied by the virtual education
787 unweighted FTE for programs and options identified in s.
788 1002.455 and the Florida Virtual School and its franchises to
789 equal the virtual education contribution and shall be included
790 as a separate allocation in the funding formula.
791 (13) FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
792 connected student supplement is created to provide supplemental
793 funding for school districts to support the education of
794 students connected with federally owned military installations,
795 National Aeronautics and Space Administration (NASA) real
796 property, and Indian lands. To be eligible for this supplement,
797 the district must be eligible for federal Impact Aid Program
798 funds under s. 8003 of Title VIII of the Elementary and
799 Secondary Education Act of 1965. The supplement shall be
800 allocated annually to each eligible school district in the
801 General Appropriations Act. The supplement shall be the sum of
802 the student allocation and an exempt property allocation.
803 (d) The amount allocated for each eligible school district
804 shall be recalculated during the year using actual student
805 membership, as amended, from the most recent February survey and
806 the tax-exempt valuation from the most recent assessment roll.
807 Upon recalculation, if the total allocation is greater than the
808 amount provided in the General Appropriations Act, it must be
809 prorated to the level of the appropriation based on each
810 district’s share of the total recalculated amount.
811 (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
812 created to provide funding to assist school districts in their
813 compliance with s. 1006.07, with priority given to implementing
814 the district’s school resource officer program pursuant to s.
815 1006.12. Each school district shall receive a minimum safe
816 schools allocation in an amount provided in the General
817 Appropriations Act. Of the remaining balance of the safe schools
818 allocation, one-third two-thirds shall be allocated to school
819 districts based on the most recent official Florida Crime Index
820 provided by the Department of Law Enforcement and two-thirds
821 one-third shall be allocated based on each school district’s
822 proportionate share of the state’s total unweighted full-time
823 equivalent student enrollment. Any additional funds appropriated
824 to this allocation in the 2018-2019 fiscal year to the school
825 resource officer program established pursuant to s. 1006.12
826 shall be used exclusively for employing or contracting for
827 school resource officers, which shall be in addition to the
828 number of officers employed or contracted for in the 2017-2018
829 fiscal year.
830 (17) FUNDING COMPRESSION ALLOCATION.—The Legislature may
831 provide an annual funding compression allocation in the General
832 Appropriations Act. The allocation is created to provide
833 additional funding to school districts and developmental
834 research schools whose total funds per FTE in the prior year
835 were less than the statewide average. Using the most recent
836 prior year FEFP calculation for each eligible school district,
837 the total funds per FTE shall be subtracted from the state
838 average funds per FTE, not including any adjustments made
839 pursuant to paragraph (18)(b). The resulting funds per FTE
840 difference, or a portion thereof, as designated in the General
841 Appropriations Act, shall then be multiplied by the school
842 district’s total unweighted FTE to provide the allocation. If
843 the calculated funds are greater than the amount included in the
844 General Appropriations Act, they must be prorated to the
845 appropriation amount based on each participating school
846 district’s share. This subsection expires July 1, 2020 2019.
847 (20) FLORIDA BEST AND BRIGHTEST TEACHER AND PRINCIPAL
848 ALLOCATION.—
849 (a) The Florida Best and Brightest Teacher and Principal
850 Allocation is created to recruit, retain, and recognize
851 classroom teachers who meet the criteria established in s.
852 1012.731 and reward principals who meet the criteria established
853 in s. 1012.732. Subject to annual appropriation, each school
854 district shall receive an allocation based on the district’s
855 proportionate share of FEFP base funding. The Legislature may
856 specify a minimum allocation for all districts in the General
857 Appropriations Act.
858 (b) From the allocation, each district shall provide the
859 following for eligible classroom teachers:
860 1. A one-time recruitment award, as provided in s.
861 1012.731(3)(a);
862 2. A retention award, as provided in s. 1012.731(3)(b); and
863 3. A recognition award, as provided in s. 1012.731(3)(c),
864 from the remaining balance of the appropriation after the
865 payment of all other awards authorized under ss. 1012.731 and
866 1012.732.
867 (c) From the allocation, each district shall provide
868 eligible principals an award as provided in s. 1012.732(4).
869 (d) This subsection expires July 1, 2020.
870 (21) TURNAROUND SCHOOL SUPPLEMENTAL SERVICES ALLOCATION.
871 The turnaround school supplemental services allocation is
872 created to provide district-managed turnaround schools, as
873 identified in s. 1008.33(4)(a), schools that earn three
874 consecutive grades below a “C,” as identified in s.
875 1008.33(4)(b)3., and schools that have improved to a “C” and are
876 no longer in turnaround status, as identified in s.
877 1008.33(4)(c), with funds to offer services designed to improve
878 the overall academic and community welfare of the schools’
879 students and their families.
880 (a) Services funded by the allocation may include, but are
881 not limited to, tutorial and after-school programs, student
882 counseling, nutrition education, parental counseling, and an
883 extended school day and school year. In addition, services may
884 include models that develop a culture that encourages students
885 to complete high school and to attend college or career
886 training, set high academic expectations, and inspire character
887 development.
888 (b) Before distribution of the allocation, the school
889 district shall develop and submit a plan for implementation to
890 its school board for approval no later than August 1 of each
891 fiscal year.
892 (c) At a minimum, the plan required under paragraph (b)
893 must:
894 1. Establish comprehensive support services that develop
895 family and community partnerships;
896 2. Establish clearly defined and measurable high academic
897 and character standards;
898 3. Increase parental involvement and engagement in the
899 child’s education;
900 4. Describe how instructional personnel will be identified,
901 recruited, retained, and rewarded;
902 5. Provide professional development that focuses on
903 academic rigor, direct instruction, and creating high academic
904 and character standards;
905 6. Provide focused instruction to improve student academic
906 proficiency, which may include additional instruction time
907 beyond the normal school day or school year; and
908 7. Include a strategy for continuing to provide services
909 after the school is no longer in turnaround status by virtue of
910 achieving a grade of “C” or higher.
911 (d) Each school district shall submit its approved plans to
912 the commissioner by September 1 of each fiscal year.
913 (e) Subject to legislative appropriation, each school
914 district’s allocation must be based on the unweighted FTE
915 student enrollment at the eligible schools and a per-FTE funding
916 amount of $500 or as provided in the General Appropriations Act.
917 The supplement provided in the General Appropriations Act shall
918 be based on the most recent school grades and shall serve as a
919 proxy for the official calculation. Once school grades are
920 available for the school year immediately preceding the fiscal
921 year coinciding with the appropriation, the supplement shall be
922 recalculated for the official participating schools as part of
923 the subsequent FEFP calculation. The commissioner may prepare a
924 preliminary calculation so that districts may proceed with
925 timely planning and use of the funds. If the calculated funds
926 for the statewide allocation exceed the funds appropriated, the
927 allocation of funds to each school district must be prorated
928 based on each school district’s share of the total unweighted
929 FTE student enrollment for the eligible schools.
930 (f) Subject to legislative appropriation, each school shall
931 remain eligible to receive the allocation for a maximum of 4
932 consecutive fiscal years while implementing a turnaround option
933 pursuant to s. 1008.33(4). In addition, a school that improves
934 to a grade of “C” or higher remains eligible to receive the
935 allocation for a maximum of 2 consecutive fiscal years after
936 exiting turnaround status.
937 (g) This subsection expires July 1, 2020.
938 Section 13. The amendments to s. 1011.62(11), (13)(d), and
939 (15), Florida Statutes, by this act expire July 1, 2020, and the
940 text of those subsections or that paragraph, respectively, shall
941 revert to that in existence on June 30, 2019, except that any
942 amendments to such text enacted other than by this act shall be
943 preserved and continue to operate to the extent that such
944 amendments are not dependent upon the portions of text which
945 expire pursuant to this section.
946 Section 14. In order to implement Specific Appropriation
947 123 of the 2019-2020 General Appropriations Act, paragraph (b)
948 of subsection (6) of section 1011.80, Florida Statutes, is
949 amended to read:
950 1011.80 Funds for operation of workforce education
951 programs.—
952 (6)
953 (b) Performance funding for industry certifications for
954 school district workforce education programs is contingent upon
955 specific appropriation in the General Appropriations Act and
956 shall be determined as follows:
957 1. Occupational areas for which industry certifications may
958 be earned, as established in the General Appropriations Act, are
959 eligible for performance funding. Priority shall be given to the
960 occupational areas emphasized in state, national, or corporate
961 grants provided to Florida educational institutions.
962 2. The Chancellor of Career and Adult Education shall
963 identify the industry certifications eligible for funding on the
964 CAPE Postsecondary Industry Certification Funding List approved
965 by the State Board of Education pursuant to s. 1008.44, based on
966 the occupational areas specified in the General Appropriations
967 Act.
968 3. Each school district shall be provided $1,000 for each
969 industry certification earned by a workforce education student.
970 The maximum amount of funding appropriated for performance
971 funding pursuant to this paragraph shall be limited to $15
972 million annually. If funds are insufficient to fully fund the
973 calculated total award, such funds shall be prorated.
974 Section 15. In order to implement Specific Appropriation
975 128 of the 2019-2020 General Appropriations Act, paragraph (c)
976 of subsection (2) of section 1011.81, Florida Statutes, is
977 amended to read:
978 1011.81 Florida College System Program Fund.—
979 (2) Performance funding for industry certifications for
980 Florida College System institutions is contingent upon specific
981 appropriation in the General Appropriations Act and shall be
982 determined as follows:
983 (c) Each Florida College System institution shall be
984 provided $1,000 for each industry certification earned by a
985 student. The maximum amount of funding appropriated for
986 performance funding pursuant to this subsection shall be limited
987 to $15 million annually. If funds are insufficient to fully fund
988 the calculated total award, such funds shall be prorated.
989 Section 16. The amendments to s. 1011.80(6)(b) and s.
990 1011.81(2)(c), Florida Statutes, by this act expire July 1,
991 2020, and the text of those paragraphs shall revert to that in
992 existence on June 30, 2019, except that any amendments to such
993 text enacted other than by this act shall be preserved and
994 continue to operate to the extent that such amendments are not
995 dependent upon the portions of text which expire pursuant to
996 this section.
997 Section 17. In order to implement Specific Appropriations 6
998 and 93 of the 2019-2020 General Appropriations Act, section
999 1012.731, Florida Statutes, is amended to read:
1000 1012.731 The Florida Best and Brightest Teacher Scholarship
1001 Program.—
1002 (1) The Legislature recognizes that, second only to
1003 parents, teachers play the most critical role within schools in
1004 preparing students to achieve a high level of academic
1005 performance. The Legislature further recognizes that research
1006 has linked student outcomes to a teacher’s own academic
1007 achievement. Therefore, it is the intent of the Legislature to
1008 recruit, retain, and recognize designate teachers who meet the
1009 needs of this state and have achieved success in the classroom
1010 high academic standards during their own education as Florida’s
1011 best and brightest teacher scholars.
1012 (2) There is created The Florida Best and Brightest Teacher
1013 Scholarship Program is created to be administered by the
1014 Department of Education. The scholarship program shall provide
1015 categorical funding for scholarships to recruitment, retention,
1016 and recognition awards be awarded to classroom teachers, as
1017 defined in s. 1012.01(2)(a), to be funded as provided in s.
1018 1011.62(20) who have demonstrated a high level of academic
1019 achievement.
1020 (3)(a) To be eligible for a one-time recruitment award as
1021 specified in the General Appropriations Act, a newly-hired
1022 teacher must be a content expert, based on criteria established
1023 by the department, in mathematics, science, computer science,
1024 reading, or civics. scholarship in the amount of $6,000, a
1025 classroom teacher must:
1026 1. Have achieved a composite score at or above the 80th
1027 percentile on either the SAT or the ACT based on the National
1028 Percentile Ranks in effect when the classroom teacher took the
1029 assessment and have been evaluated as highly effective pursuant
1030 to s. 1012.34 in the school year immediately preceding the year
1031 in which the scholarship will be awarded, unless the classroom
1032 teacher is newly hired by the district school board and has not
1033 been evaluated pursuant to s. 1012.34.
1034 2. Beginning with the 2020-2021 school year, have achieved
1035 a composite score at or above the 77th percentile or, if the
1036 classroom teacher graduated cum laude or higher with a
1037 baccalaureate degree, the 71st percentile on either the SAT,
1038 ACT, GRE, LSAT, GMAT, or MCAT based on the National Percentile
1039 Ranks in effect when the classroom teacher took the assessment;
1040 and have been evaluated as highly effective pursuant to s.
1041 1012.34, or have been evaluated as highly effective based on a
1042 commissioner-approved student learning growth formula pursuant
1043 to s. 1012.34(8), in the school year immediately preceding the
1044 year in which the scholarship will be awarded, unless the
1045 classroom teacher is newly hired by the district school board
1046 and has not been evaluated pursuant to s. 1012.34.
1047 (b) To be eligible for a retention award as specified in
1048 the General Appropriations Act, a teacher must have been rated
1049 as highly effective or effective the preceding year pursuant to
1050 s. 1012.34, and teach in a school for 2 consecutive school
1051 years, including the current year, that has improved an average
1052 of 3 percentage points or more in the percentage of total
1053 possible points achieved for determining school grades over the
1054 prior 3 years.
1055 1. In order to demonstrate eligibility for an award, an
1056 eligible classroom teacher must submit to the school district,
1057 no later than November 1, an official record of his or her
1058 qualifying assessment score and, beginning with the 2020-2021
1059 school year, an official transcript demonstrating that he or she
1060 graduated cum laude or higher with a baccalaureate degree, if
1061 applicable. Once a classroom teacher is deemed eligible by the
1062 school district, the teacher shall remain eligible as long as he
1063 or she remains employed by the school district as a classroom
1064 teacher at the time of the award and receives an annual
1065 performance evaluation rating of highly effective pursuant to s.
1066 1012.34 or is evaluated as highly effective based on a
1067 commissioner-approved student learning growth formula pursuant
1068 to s. 1012.34(8) for the 2019-2020 school year or thereafter.
1069 2. A school district employee who is no longer a classroom
1070 teacher may receive an award if the employee was a classroom
1071 teacher in the prior school year, was rated highly effective,
1072 and met the requirements of this section as a classroom teacher.
1073 (c) To be eligible for a recognition award, a teacher must
1074 be rated as highly effective and be selected by his or her
1075 school principal, based on performance criteria and policies
1076 adopted by the district school board. Recognition awards must be
1077 provided from funds remaining from the allocation provided under
1078 s. 1011.62(20) after the payment of all teacher recruitment and
1079 retention awards and principal awards authorized under this
1080 section and the General Appropriations Act. Notwithstanding the
1081 requirements of this subsection, for the 2017-2018, 2018-2019,
1082 and 2019-2020 school years, any classroom teacher who:
1083 1. Was evaluated as highly effective pursuant to s. 1012.34
1084 in the school year immediately preceding the year in which the
1085 scholarship will be awarded shall receive a scholarship of
1086 $1200, including a classroom teacher who received an award
1087 pursuant to paragraph (a).
1088 2. Was evaluated as effective pursuant to s. 1012.34 in the
1089 school year immediately preceding the year in which the
1090 scholarship will be awarded a scholarship of up to $800. If the
1091 number of eligible classroom teachers under this subparagraph
1092 exceeds the total allocation, the department shall prorate the
1093 per-teacher scholarship amount.
1094
1095 This paragraph expires July 1, 2020.
1096 (4) Annually, by December 1, each school district shall
1097 submit to the department:
1098 (a) The number of eligible classroom teachers who qualify
1099 for the scholarship.
1100 (b) The name and master school identification number (MSID)
1101 of each school in the district to which an eligible classroom
1102 teacher is assigned.
1103 (c) The name of the school principal of each eligible
1104 classroom teacher’s school if he or she has served as the
1105 school’s principal for at least 2 consecutive school years
1106 including the current school year.
1107 (5) Annually, by February 1, the department shall disburse
1108 scholarship funds to each school district for each eligible
1109 classroom teacher to receive a scholarship in accordance with
1110 this section.
1111 (6) Annually, by April 1, each school district shall award
1112 the scholarship to each eligible classroom teacher.
1113 (7) For purposes of this section, the term “school
1114 district” includes the Florida School for the Deaf and the Blind
1115 and charter school governing boards.
1116 Section 18. In order to implement Specific Appropriations 6
1117 and 93 of the 2019-2020 General Appropriations Act, section
1118 1012.732, Florida Statutes, is amended to read:
1119 1012.732 The Florida Best and Brightest Principal
1120 Scholarship Program.—
1121 (1) The Legislature recognizes that the most effective
1122 school principals establish a safe and supportive school
1123 environment for students and faculty. Research shows that these
1124 principals increase student learning by providing opportunities
1125 for the professional growth, collaboration, and autonomy that
1126 classroom teachers need to become and remain highly effective
1127 educational professionals. As a result, these principals are
1128 able to recruit and retain more of the best classroom teachers
1129 and improve student outcomes at their schools, including schools
1130 serving low-income and high-need student populations. Therefore,
1131 it is the intent of the Legislature to designate school
1132 principals whose schools make noticeable academic improvement
1133 school faculty has a high percentage of classroom teachers who
1134 are designated as Florida’s best and brightest teacher scholars
1135 pursuant to s. 1012.731 as Florida’s best and brightest
1136 principals.
1137 (2) There is created The Florida Best and Brightest
1138 Principal Scholarship Program is created to be administered by
1139 the Department of Education. The program shall provide awards to
1140 categorical funding for scholarships to be awarded to school
1141 principals, as defined in s. 1012.01(3)(c)1., to be funded as
1142 provided in s. 1011.62(20) who have recruited and retained a
1143 high percentage of best and brightest teachers.
1144 (3) A school principal identified pursuant to s.
1145 1012.731(4)(c) is eligible to receive an award, as specified in
1146 the General Appropriations Act, a scholarship under this section
1147 if he or she has served as school principal at his or her school
1148 for at least 4 2 consecutive school years including the current
1149 school year and the school has improved an average of 3
1150 percentage points or more in the percentage of total possible
1151 points achieved for determining school grades over the prior 3
1152 years his or her school has a ratio of best and brightest
1153 teachers to other classroom teachers that is at the 80th
1154 percentile or higher for schools within the same grade group,
1155 statewide, including elementary schools, middle schools, high
1156 schools, and schools with a combination of grade levels.
1157 (4) Annually, by February 1, the department shall identify
1158 eligible school principals and disburse funds to each school
1159 district for each eligible school principal to receive a
1160 scholarship. A scholarship of $5,000 must be awarded to every
1161 eligible school principal assigned to a Title I school and a
1162 scholarship of $4,000 to every eligible school principal who is
1163 not assigned to a Title I school.
1164 (5) Annually, by April 1, each school district must award a
1165 scholarship to each eligible school principal.
1166 (6) A school district must provide a best and brightest
1167 principal with the additional authority and responsibilities
1168 provided in s. 1012.28(8) for a minimum of 2 years.
1169 (7) For purposes of this section, the term “school
1170 district” includes the Florida School for the Deaf and the Blind
1171 and charter school governing boards.
1172 Section 19. The amendments to ss. 1012.731 and 1012.732,
1173 Florida Statutes, by this act expire July 1, 2019, and the text
1174 of those sections shall revert to that in existence on June 30,
1175 2019, except that any amendments to such text enacted other than
1176 by this act shall be preserved and continue to operate to the
1177 extent that such amendments are not dependent upon the portions
1178 of text which expire pursuant to this section.
1179 Section 20. In order to implement Specific Appropriation 18
1180 of the 2019-2020 General Appropriations Act, subsection (1) of
1181 section 1013.62, Florida Statutes, is amended to read:
1182 1013.62 Charter schools capital outlay funding.—
1183 (1) For the 2019-2020 2018-2019 fiscal year, charter school
1184 capital outlay funding shall consist of state funds appropriated
1185 in the 2019-2020 2018-2019 General Appropriations Act. Beginning
1186 in fiscal year 2020-2021 2019-2020, charter school capital
1187 outlay funding shall consist of state funds when such funds are
1188 appropriated in the General Appropriations Act and revenue
1189 resulting from the discretionary millage authorized in s.
1190 1011.71(2) if the amount of state funds appropriated for charter
1191 school capital outlay in any fiscal year is less than the
1192 average charter school capital outlay funds per unweighted full
1193 time equivalent student for the 2018-2019 fiscal year,
1194 multiplied by the estimated number of charter school students
1195 for the applicable fiscal year, and adjusted by changes in the
1196 Consumer Price Index issued by the United States Department of
1197 Labor from the previous fiscal year. Nothing in this subsection
1198 prohibits a school district from distributing to charter schools
1199 funds resulting from the discretionary millage authorized in s.
1200 1011.71(2).
1201 (a) To be eligible to receive capital outlay funds, a
1202 charter school must:
1203 1.a. Have been in operation for 2 or more years;
1204 b. Be governed by a governing board established in the
1205 state for 2 or more years which operates both charter schools
1206 and conversion charter schools within the state;
1207 c. Be an expanded feeder chain of a charter school within
1208 the same school district that is currently receiving charter
1209 school capital outlay funds;
1210 d. Have been accredited by a regional accrediting
1211 association as defined by State Board of Education rule; or
1212 e. Serve students in facilities that are provided by a
1213 business partner for a charter school-in-the-workplace pursuant
1214 to s. 1002.33(15)(b).
1215 2. Have an annual audit that does not reveal any of the
1216 financial emergency conditions provided in s. 218.503(1) for the
1217 most recent fiscal year for which such audit results are
1218 available.
1219 3. Have satisfactory student achievement based on state
1220 accountability standards applicable to the charter school.
1221 4. Have received final approval from its sponsor pursuant
1222 to s. 1002.33 for operation during that fiscal year.
1223 5. Serve students in facilities that are not provided by
1224 the charter school’s sponsor.
1225 (b) A charter school is not eligible to receive capital
1226 outlay funds if it was created by the conversion of a public
1227 school and operates in facilities provided by the charter
1228 school’s sponsor for a nominal fee, or at no charge, or if it is
1229 directly or indirectly operated by the school district.
1230 Section 21. The amendments to s. 1013.62(1), Florida
1231 Statutes, by this act expire July 1, 2020, and the text of that
1232 subsection shall revert to that in existence on June 30, 2019,
1233 except that any amendments to such text enacted other than by
1234 this act shall be preserved and continue to operate to the
1235 extent that such amendments are not dependent upon the portions
1236 of text which expire pursuant to this section.
1237 Section 22. In order to implement Specific Appropriation
1238 204 of the 2019-2020 General Appropriations Act, the
1239 calculations for the Medicaid Disproportionate Share Hospital
1240 program for the 2019-2020 fiscal year contained in the document
1241 titled “Medicaid Hospital Funding Programs,” dated March 22,
1242 2019, and filed with the Secretary of the Senate, are
1243 incorporated by reference for the purpose of displaying the
1244 calculations used by the Legislature, consistent with the
1245 requirements of state law, in making appropriations for the
1246 Medicaid Disproportionate Share Hospital program. This section
1247 expires July 1, 2020.
1248 Section 23. In order to implement Specific Appropriations
1249 197 through 216 and 523 of the 2019-2020 General Appropriations
1250 Act, and notwithstanding ss. 216.181 and 216.292, Florida
1251 Statutes, the Agency for Health Care Administration, in
1252 consultation with the Department of Health, may submit a budget
1253 amendment, subject to the notice, review, and objection
1254 procedures of s. 216.177, Florida Statutes, to realign funding
1255 within and between agencies based on implementation of the
1256 Managed Medical Assistance component of the Statewide Medicaid
1257 Managed Care program for the Children’s Medical Services program
1258 of the Department of Health. The funding realignment shall
1259 reflect the actual enrollment changes due to the transfer of
1260 beneficiaries from fee-for-service to the capitated Children’s
1261 Medical Services Network. The Agency for Health Care
1262 Administration may submit a request for nonoperating budget
1263 authority to transfer the federal funds to the Department of
1264 Health pursuant to s. 216.181(12), Florida Statutes. This
1265 section expires July 1, 2020.
1266 Section 24. In order to implement Specific Appropriations
1267 221 and 222 of the 2019-2020 General Appropriations Act, and
1268 notwithstanding the expiration date in section 19 of chapter
1269 2018-10, Laws of Florida, subsection (23) of section 409.908,
1270 Florida Statutes, is reenacted to read:
1271 409.908 Reimbursement of Medicaid providers.—Subject to
1272 specific appropriations, the agency shall reimburse Medicaid
1273 providers, in accordance with state and federal law, according
1274 to methodologies set forth in the rules of the agency and in
1275 policy manuals and handbooks incorporated by reference therein.
1276 These methodologies may include fee schedules, reimbursement
1277 methods based on cost reporting, negotiated fees, competitive
1278 bidding pursuant to s. 287.057, and other mechanisms the agency
1279 considers efficient and effective for purchasing services or
1280 goods on behalf of recipients. If a provider is reimbursed based
1281 on cost reporting and submits a cost report late and that cost
1282 report would have been used to set a lower reimbursement rate
1283 for a rate semester, then the provider’s rate for that semester
1284 shall be retroactively calculated using the new cost report, and
1285 full payment at the recalculated rate shall be effected
1286 retroactively. Medicare-granted extensions for filing cost
1287 reports, if applicable, shall also apply to Medicaid cost
1288 reports. Payment for Medicaid compensable services made on
1289 behalf of Medicaid eligible persons is subject to the
1290 availability of moneys and any limitations or directions
1291 provided for in the General Appropriations Act or chapter 216.
1292 Further, nothing in this section shall be construed to prevent
1293 or limit the agency from adjusting fees, reimbursement rates,
1294 lengths of stay, number of visits, or number of services, or
1295 making any other adjustments necessary to comply with the
1296 availability of moneys and any limitations or directions
1297 provided for in the General Appropriations Act, provided the
1298 adjustment is consistent with legislative intent.
1299 (23)(a) The agency shall establish rates at a level that
1300 ensures no increase in statewide expenditures resulting from a
1301 change in unit costs for county health departments effective
1302 July 1, 2011. Reimbursement rates shall be as provided in the
1303 General Appropriations Act.
1304 (b)1. Base rate reimbursement for inpatient services under
1305 a diagnosis-related group payment methodology shall be provided
1306 in the General Appropriations Act.
1307 2. Base rate reimbursement for outpatient services under an
1308 enhanced ambulatory payment group methodology shall be provided
1309 in the General Appropriations Act.
1310 3. Prospective payment system reimbursement for nursing
1311 home services shall be as provided in subsection (2) and in the
1312 General Appropriations Act.
1313 Section 25. The text of s. 409.908(23), Florida Statutes,
1314 as carried forward from chapter 2018-10, Laws of Florida, by
1315 this act, expires July 1, 2020, and the text of that subsection
1316 shall revert to that in existence on October 1, 2018, not
1317 including any amendments made by chapter 2018-10, Laws of
1318 Florida, except that any amendments to such text enacted other
1319 than by this act and chapter 2018-10, Laws of Florida, shall be
1320 preserved and continue to operate to the extent that such
1321 amendments are not dependent upon the portions of text which
1322 expire pursuant to this section.
1323 Section 26. In order to implement Specific Appropriations
1324 203, 207, 208, 210, 212, and 221 of the 2019-2020 General
1325 Appropriations Act, the Agency for Health Care Administration
1326 shall seek authorization from the federal Centers for Medicare
1327 and Medicaid Services to eliminate the Medicaid retroactive
1328 eligibility period for nonpregnant adults in a manner that
1329 ensures that the elimination becomes effective on July 1, 2019.
1330 Eligibility will continue to begin the first day of the month in
1331 which a nonpregnant adult applies for Medicaid. This section
1332 expires July 1, 2020.
1333 Section 27. In order to implement Specific Appropriations
1334 533, 534, 539, and 542 of the 2019-2020 General Appropriations
1335 Act, subsection (17) of section 893.055, Florida Statutes, is
1336 amended to read:
1337 893.055 Prescription drug monitoring program.—
1338 (17) For the 2019-2020 2018-2019 fiscal year only, neither
1339 the Attorney General nor the department may use funds received
1340 as part of a settlement agreement to administer the prescription
1341 drug monitoring program. This subsection expires July 1, 2020
1342 2019.
1343 Section 28. In order to implement Specific Appropriation
1344 204 of the 2019-2020 General Appropriations Act, subsections (2)
1345 and (10) of section 409.911, Florida Statutes, are amended to
1346 read:
1347 409.911 Disproportionate share program.—Subject to specific
1348 allocations established within the General Appropriations Act
1349 and any limitations established pursuant to chapter 216, the
1350 agency shall distribute, pursuant to this section, moneys to
1351 hospitals providing a disproportionate share of Medicaid or
1352 charity care services by making quarterly Medicaid payments as
1353 required. Notwithstanding the provisions of s. 409.915, counties
1354 are exempt from contributing toward the cost of this special
1355 reimbursement for hospitals serving a disproportionate share of
1356 low-income patients.
1357 (2) The Agency for Health Care Administration shall use the
1358 following actual audited data to determine the Medicaid days and
1359 charity care to be used in calculating the disproportionate
1360 share payment:
1361 (a) The average of the 2011, 2012, and 2013 2010, 2011, and
1362 2012 audited disproportionate share data to determine each
1363 hospital’s Medicaid days and charity care for the 2019-2020
1364 2018-2019 state fiscal year.
1365 (b) If the Agency for Health Care Administration does not
1366 have the prescribed 3 years of audited disproportionate share
1367 data as noted in paragraph (a) for a hospital, the agency shall
1368 use the average of the years of the audited disproportionate
1369 share data as noted in paragraph (a) which is available.
1370 (c) In accordance with s. 1923(b) of the Social Security
1371 Act, a hospital with a Medicaid inpatient utilization rate
1372 greater than one standard deviation above the statewide mean or
1373 a hospital with a low-income utilization rate of 25 percent or
1374 greater shall qualify for reimbursement.
1375 (10) Notwithstanding any provision of this section to the
1376 contrary, for the 2019-2020 2018-2019 state fiscal year, the
1377 agency shall distribute moneys to hospitals providing a
1378 disproportionate share of Medicaid or charity care services as
1379 provided in the 2019-2020 2018-2019 General Appropriations Act.
1380 This subsection expires July 1, 2020 2019.
1381 Section 29. In order to implement Specific Appropriation
1382 204 of the 2019-2020 General Appropriations Act, subsection (3)
1383 of section 409.9113, Florida Statutes, is amended to read:
1384 409.9113 Disproportionate share program for teaching
1385 hospitals.—In addition to the payments made under s. 409.911,
1386 the agency shall make disproportionate share payments to
1387 teaching hospitals, as defined in s. 408.07, for their increased
1388 costs associated with medical education programs and for
1389 tertiary health care services provided to the indigent. This
1390 system of payments must conform to federal requirements and
1391 distribute funds in each fiscal year for which an appropriation
1392 is made by making quarterly Medicaid payments. Notwithstanding
1393 s. 409.915, counties are exempt from contributing toward the
1394 cost of this special reimbursement for hospitals serving a
1395 disproportionate share of low-income patients. The agency shall
1396 distribute the moneys provided in the General Appropriations Act
1397 to statutorily defined teaching hospitals and family practice
1398 teaching hospitals, as defined in s. 395.805, pursuant to this
1399 section. The funds provided for statutorily defined teaching
1400 hospitals shall be distributed as provided in the General
1401 Appropriations Act. The funds provided for family practice
1402 teaching hospitals shall be distributed equally among family
1403 practice teaching hospitals.
1404 (3) Notwithstanding any provision of this section to the
1405 contrary, for the 2019-2020 2018-2019 state fiscal year, the
1406 agency shall make disproportionate share payments to teaching
1407 hospitals, as defined in s. 408.07, as provided in the 2019-2020
1408 2018-2019 General Appropriations Act. This subsection expires
1409 July 1, 2020 2019.
1410 Section 30. In order to implement Specific Appropriation
1411 204 of the 2019-2020 General Appropriations Act, subsection (4)
1412 of section 409.9119, Florida Statutes, is amended to read:
1413 409.9119 Disproportionate share program for specialty
1414 hospitals for children.—In addition to the payments made under
1415 s. 409.911, the Agency for Health Care Administration shall
1416 develop and implement a system under which disproportionate
1417 share payments are made to those hospitals that are separately
1418 licensed by the state as specialty hospitals for children, have
1419 a federal Centers for Medicare and Medicaid Services
1420 certification number in the 3300-3399 range, have Medicaid days
1421 that exceed 55 percent of their total days and Medicare days
1422 that are less than 5 percent of their total days, and were
1423 licensed on January 1, 2013, as specialty hospitals for
1424 children. This system of payments must conform to federal
1425 requirements and must distribute funds in each fiscal year for
1426 which an appropriation is made by making quarterly Medicaid
1427 payments. Notwithstanding s. 409.915, counties are exempt from
1428 contributing toward the cost of this special reimbursement for
1429 hospitals that serve a disproportionate share of low-income
1430 patients. The agency may make disproportionate share payments to
1431 specialty hospitals for children as provided for in the General
1432 Appropriations Act.
1433 (4) Notwithstanding any provision of this section to the
1434 contrary, for the 2019-2020 2018-2019 state fiscal year, for
1435 hospitals achieving full compliance under subsection (3), the
1436 agency shall make disproportionate share payments to specialty
1437 hospitals for children as provided in the 2019-2020 2018-2019
1438 General Appropriations Act. This subsection expires July 1, 2020
1439 2019.
1440 Section 31. In order to implement Specific Appropriations
1441 197 through 224 of the 2019-2020 General Appropriations Act, and
1442 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
1443 Agency for Health Care Administration may submit a budget
1444 amendment, subject to the notice, review, and objection
1445 procedures of s. 216.177, Florida Statutes, to realign funding
1446 within the Medicaid program appropriation categories to address
1447 projected surpluses and deficits within the program and to
1448 maximize the use of state trust funds. A single budget amendment
1449 shall be submitted in the last quarter of the 2019-2020 fiscal
1450 year only. This section expires July 1, 2020.
1451 Section 32. In order to implement Specific Appropriations
1452 467, 468, and 474 of the 2019-2020 General Appropriations Act,
1453 subsection (17) of section 381.986, Florida Statutes, is amended
1454 to read:
1455 381.986 Medical use of marijuana.—
1456 (17) Rules adopted pursuant to this section before July 1,
1457 2020 2019, are not subject to s. 120.541(3). Notwithstanding
1458 paragraph (8)(e), a medical marijuana treatment center may use a
1459 laboratory that has not been certified by the department under
1460 s. 381.988 until such time as at least one laboratory holds the
1461 required certification pursuant to s. 381.988, but in no event
1462 later than July 1, 2020 2019. This subsection expires July 1,
1463 2020 2019.
1464 Section 33. In order to implement Specific Appropriations
1465 467, 468, and 474 of the 2019-2020 General Appropriations Act,
1466 subsection (11) of section 381.988, Florida Statutes, is amended
1467 to read:
1468 381.988 Medical marijuana testing laboratories; marijuana
1469 tests conducted by a certified laboratory.—
1470 (11) Rules adopted under subsection (9) before July 1, 2020
1471 2019, are not subject to s. 120.541(3). This subsection expires
1472 July 1, 2020 2019.
1473 Section 34. In order to implement Specific Appropriations
1474 474 and 525 of the 2019-2020 General Appropriations Act,
1475 paragraph (a) of subsection (2) of section 383.14, Florida
1476 Statutes, is amended to read:
1477 383.14 Screening for metabolic disorders, other hereditary
1478 and congenital disorders, and environmental risk factors.—
1479 (2) RULES.—
1480 (a) After consultation with the Genetics and Newborn
1481 Screening Advisory Council, the department shall adopt and
1482 enforce rules requiring that every newborn in this state shall:
1483 1. Before becoming 1 week of age, be subjected to a test
1484 for phenylketonuria;
1485 2. Be tested for any condition included on the federal
1486 Recommended Uniform Screening Panel which the council advises
1487 the department should be included under the state’s screening
1488 program. After the council recommends that a condition be
1489 included, the department shall submit a legislative budget
1490 request to seek an appropriation to add testing of the condition
1491 to the newborn screening program. The department shall expand
1492 statewide screening of newborns to include screening for such
1493 conditions within 18 months after the council renders such
1494 advice, if a test approved by the United States Food and Drug
1495 Administration or a test offered by an alternative vendor is
1496 available. If such a test is not available within 18 months
1497 after the council makes its recommendation, the department shall
1498 implement such screening as soon as a test offered by the United
1499 States Food and Drug Administration or by an alternative vendor
1500 is available; and
1501 3. At the appropriate age, be tested for such other
1502 metabolic diseases and hereditary or congenital disorders as the
1503 department may deem necessary from time to time; and
1504 4. Notwithstanding subparagraph 2., be screened for spinal
1505 muscular atrophy following integration of such a test into the
1506 newborn screening testing panel. The department shall implement
1507 such screening using a test offered by the United States Food
1508 and Drug Administration or by an alternative vendor as soon as
1509 practicable after July 1, 2019, but no later than May 3, 2020.
1510 This subparagraph expires July 1, 2020.
1511 Section 35. In order to implement Specific Appropriation
1512 389 of the 2019-2020 General Appropriations Act, section 28 of
1513 chapter 2016-65, Laws of Florida, is amended to read:
1514 Section 28. Subject to federal approval of the application
1515 to be a site for the Program of All-inclusive Care for the
1516 Elderly (PACE), the Agency for Health Care Administration shall
1517 contract with a not-for-profit organization that has been
1518 jointly formed by a lead agency that has been designated
1519 pursuant to s. 430.205, Florida Statutes, and by a not-for
1520 profit hospice provider that has been licensed for more than 30
1521 years to serve individuals and families in Clay, Duval, St.
1522 Johns, Baker, Union, Bradford, Putnam, and Nassau Counties. The
1523 not-for-profit organization shall leverage existing community
1524 based care providers and health care organizations to provide
1525 PACE services to frail elders who reside in Clay, Duval, St.
1526 Johns, Baker, Union, Bradford, Putnam, and Nassau Counties. The
1527 organization is exempt from the requirements of chapter 641,
1528 Florida Statutes. The agency, in consultation with the
1529 Department of Elderly Affairs and subject to the appropriation
1530 of funds by the Legislature, shall approve up to 300 initial
1531 enrollees in the Program of All-inclusive Care for the Elderly
1532 established by the organization to serve frail elders who reside
1533 in Clay, Duval, St. Johns, Baker, Union, Bradford, Putnam, and
1534 Nassau Counties.
1535 Section 36. In order to implement Specific Appropriations
1536 326, 327A, 358, and 359 of the 2019-2020 General Appropriations
1537 Act, and notwithstanding ss. 216.181 and 216.292, Florida
1538 Statutes, the Department of Children and Families may submit a
1539 budget amendment, subject to the notice, review, and objection
1540 procedures of s. 216.177, Florida Statutes, to realign funding
1541 within the department based on the implementation of the
1542 Guardianship Assistance Program, between and among the specific
1543 appropriations for guardianship assistance payments, relative
1544 caregiver payments, and nonrelative caregiver payments. This
1545 section expires July 1, 2020.
1546 Section 37. In order to implement Specific Appropriations
1547 326 and 327A of the 2019-2020 General Appropriations Act, the
1548 Department of Children and Families shall establish a formula to
1549 distribute the recurring sums of $10,597,824 from the General
1550 Revenue Fund and $11,922,238 from the Federal Grants Trust Fund
1551 for actual and direct costs to implement the Guardianship
1552 Assistance Program, including Level 1 foster care board
1553 payments, licensing staff for community-based care lead
1554 agencies, and guardianship assistance payments. This section
1555 expires July 1, 2020.
1556 Section 38. In order to implement Specific Appropriations
1557 326 and 327A of the 2019-2020 General Appropriations Act,
1558 paragraph (a) of subsection (1) of section 409.991, Florida
1559 Statutes, is amended to read:
1560 409.991 Allocation of funds for community-based care lead
1561 agencies.—
1562 (1) As used in this section, the term:
1563 (a) “Core services funds” means all funds allocated to
1564 community-based care lead agencies operating under contract with
1565 the department pursuant to s. 409.987, with the following
1566 exceptions:
1567 1. Funds appropriated for independent living.;
1568 2. Funds appropriated for maintenance adoption subsidies.;
1569 3. Funds appropriated for actual and direct costs to
1570 implement the Guardianship Assistance Program, including Level 1
1571 foster care board payments, licensing staff for community-based
1572 care lead agencies, and guardianship assistance payments. This
1573 subparagraph expires July 1, 2020.
1574 4. Funds allocated by the department for protective
1575 investigations training.;
1576 5.4. Nonrecurring funds.;
1577 6.5. Designated mental health wrap-around services funds.;
1578 and
1579 7.6. Funds for special projects for a designated community
1580 based care lead agency.
1581 Section 39. In order to implement Specific Appropriations
1582 551 through 558 and 560 of the 2019-2020 General Appropriations
1583 Act, subsection (3) of section 296.37, Florida Statutes, is
1584 amended to read:
1585 296.37 Residents; contribution to support.—
1586 (3) Notwithstanding subsection (1), each resident of the
1587 home who receives a pension, compensation, or gratuity from the
1588 United States Government, or income from any other source, of
1589 more than $130 per month shall contribute to his or her
1590 maintenance and support while a resident of the home in
1591 accordance with a payment schedule determined by the
1592 administrator and approved by the director. The total amount of
1593 such contributions shall be to the fullest extent possible, but,
1594 in no case, shall exceed the actual cost of operating and
1595 maintaining the home. This subsection expires July 1, 2020 2019.
1596 Section 40. In order to implement Specific Appropriation
1597 1345 of the 2019-2020 General Appropriations Act:
1598 (1) The Task Force on the Criminal Punishment Code, a task
1599 force as defined in s. 20.03(8), Florida Statutes, is created
1600 adjunct to the Department of Legal Affairs. The Legislature
1601 finds that there is a need to review sentencing for noncapital
1602 felony offenses under the Criminal Punishment Code. Therefore,
1603 the task force is created for the purpose of reviewing,
1604 evaluating, and making recommendations regarding sentencing for
1605 and ranking of noncapital felony offenses under the Criminal
1606 Punishment Code, including, but not limited to, whether current
1607 sentencing for noncapital felony offenses is appropriate to the
1608 level of the crime committed, whether current enhancements for
1609 those offenses are appropriate, and whether judicial discretion
1610 should be allowed with regard to mandatory minimum sentences for
1611 those offenses. The task force shall include an analysis of best
1612 practices in its review.
1613 (2) The task force is composed of the following members:
1614 (a) The Attorney General, or a designee of the Attorney
1615 General, who shall serve as chair of the task force.
1616 (b) The Secretary of Corrections, or a designee of the
1617 secretary.
1618 (c) Two members appointed by the President of the Senate,
1619 one of whom must be a public defender.
1620 (d) Two members appointed by the House of Representatives,
1621 one of whom must be a state attorney.
1622 (e) Two members appointed by the Chief Justice of the
1623 Supreme Court, one of whom must be a circuit judge currently
1624 assigned to a felony division.
1625
1626 Any vacancies on the task force shall be filled in the same
1627 manner as the original appointments. Appointments to the task
1628 force shall be made no later than July 15, 2019.
1629 (2) The task force shall endeavor to meet at least twice
1630 monthly throughout its duration and is encouraged to take input
1631 from all stakeholders involved in the criminal justice system.
1632 The first meeting of the task force shall occur no later than
1633 August 15, 2019. The Attorney General shall designate staff of
1634 the Department of Legal Affairs to provide support to the task
1635 force.
1636 (3) Upon the Attorney General’s request, the Department of
1637 Corrections and the Office of the State Courts Administrator
1638 shall provide necessary data collection and analysis, research,
1639 and support services to the task force.
1640 (4) Members of the task force may not receive compensation
1641 other than their usual salaries received from their employers,
1642 but are entitled to reimbursement for per diem and travel
1643 expenses from their employers in accordance with s. 112.061,
1644 Florida Statutes.
1645 (5) The task force shall submit a report to the Governor,
1646 the President of the Senate, the Speaker of the House of
1647 Representatives, and the Chief Justice of the Supreme Court no
1648 later than June 30, 2020, which must include, at a minimum, the
1649 issues considered by the task force, any recommendations for
1650 legislative changes, and an analysis of the expected impact of
1651 such recommendations if enacted by the Legislature. The task
1652 force is dissolved upon submission of the report.
1653 (6) This section expires July 1, 2020.
1654 Section 41. In order to implement Specific Appropriations
1655 581 through 703 and 716 through 750 of the 2019-2020 General
1656 Appropriations Act, subsection (4) of section 216.262, Florida
1657 Statutes, is amended to read:
1658 216.262 Authorized positions.—
1659 (4) Notwithstanding the provisions of this chapter relating
1660 to increasing the number of authorized positions, and for the
1661 2019-2020 2018-2019 fiscal year only, if the actual inmate
1662 population of the Department of Corrections exceeds the inmate
1663 population projections of the February 22, 2019 December 20,
1664 2017, Criminal Justice Estimating Conference by 1 percent for 2
1665 consecutive months or 2 percent for any month, the Executive
1666 Office of the Governor, with the approval of the Legislative
1667 Budget Commission, shall immediately notify the Criminal Justice
1668 Estimating Conference, which shall convene as soon as possible
1669 to revise the estimates. The Department of Corrections may then
1670 submit a budget amendment requesting the establishment of
1671 positions in excess of the number authorized by the Legislature
1672 and additional appropriations from unallocated general revenue
1673 sufficient to provide for essential staff, fixed capital
1674 improvements, and other resources to provide classification,
1675 security, food services, health services, and other variable
1676 expenses within the institutions to accommodate the estimated
1677 increase in the inmate population. All actions taken pursuant to
1678 this subsection are subject to review and approval by the
1679 Legislative Budget Commission. This subsection expires July 1,
1680 2020 2019.
1681 Section 42. In order to implement Specific Appropriations
1682 3208 through 3274 of the 2019-2020 General Appropriations Act,
1683 subsection (2) of section 215.18, Florida Statutes, is amended
1684 to read:
1685 215.18 Transfers between funds; limitation.—
1686 (2) The Chief Justice of the Supreme Court may receive one
1687 or more trust fund loans to ensure that the state court system
1688 has funds sufficient to meet its appropriations in the 2019-2020
1689 2018-2019 General Appropriations Act. If the Chief Justice
1690 accesses the loan, he or she must notify the Governor and the
1691 chairs of the legislative appropriations committees in writing.
1692 The loan must come from other funds in the State Treasury which
1693 are for the time being or otherwise in excess of the amounts
1694 necessary to meet the just requirements of such last-mentioned
1695 funds. The Governor shall order the transfer of funds within 5
1696 days after the written notification from the Chief Justice. If
1697 the Governor does not order the transfer, the Chief Financial
1698 Officer shall transfer the requested funds. The loan of funds
1699 from which any money is temporarily transferred must be repaid
1700 by the end of the 2019-2020 2018-2019 fiscal year. This
1701 subsection expires July 1, 2020 2019.
1702 Section 43. (1) In order to implement Specific
1703 Appropriations 1153 through 1163 of the 2019-2020 General
1704 Appropriations Act, the Department of Juvenile Justice is
1705 required to review county juvenile detention payments to ensure
1706 that counties fulfill their financial responsibilities required
1707 in s. 985.6865, Florida Statutes. If the Department of Juvenile
1708 Justice determines that a county has not met its obligations,
1709 the department shall direct the Department of Revenue to deduct
1710 the amount owed to the Department of Juvenile Justice from the
1711 funds provided to the county under s. 218.23, Florida Statutes.
1712 The Department of Revenue shall transfer the funds withheld to
1713 the Shared County/State Juvenile Detention Trust Fund.
1714 (2) As an assurance to holders of bonds issued by counties
1715 before July 1, 2019, for which distributions made pursuant to s.
1716 218.23, Florida Statutes, are pledged, or bonds issued to refund
1717 such bonds which mature no later than the bonds they refunded
1718 and which result in a reduction of debt service payable in each
1719 fiscal year, the amount available for distribution to a county
1720 shall remain as provided by law and continue to be subject to
1721 any lien or claim on behalf of the bondholders. The Department
1722 of Revenue must ensure, based on information provided by an
1723 affected county, that any reduction in amounts distributed
1724 pursuant to subsection (1) does not reduce the amount of
1725 distribution to a county below the amount necessary for the
1726 timely payment of principal and interest when due on the bonds
1727 and the amount necessary to comply with any covenant under the
1728 bond resolution or other documents relating to the issuance of
1729 the bonds. If a reduction to a county’s monthly distribution
1730 must be decreased in order to comply with this section, the
1731 Department of Revenue must notify the Department of Juvenile
1732 Justice of the amount of the decrease, and the Department of
1733 Juvenile Justice must send a bill for payment of such amount to
1734 the affected county.
1735 (3) This section expires July 1, 2020.
1736 Section 44. In order to implement Specific Appropriations
1737 1153 through 1163 of the 2019-2020 General Appropriations Act,
1738 the Department of Juvenile Justice may not provide, make, pay,
1739 or deduct, and a nonfiscally constrained county may not apply,
1740 deduct, or receive any reimbursement or any credit for any
1741 previous overpayment of juvenile detention care costs related to
1742 or for any previous state fiscal year, against the juvenile
1743 detention care costs due from the nonfiscally constrained county
1744 in the 2019-2020 fiscal year pursuant to s. 985.686, Florida
1745 Statutes, or any other law. This section expires July 1, 2020.
1746 Section 45. In order to implement Specific Appropriations
1747 761 through 784A, 952 through 1097, and 1118 through 1152 of the
1748 2019-2020 General Appropriations Act, subsection (1), paragraph
1749 (a) of subsection (2), paragraph (a) of subsection (3), and
1750 subsections (5), (6), and (7) of section 27.40, Florida
1751 Statutes, are amended to read:
1752 27.40 Court-appointed counsel; circuit registries; minimum
1753 requirements; appointment by court.—
1754 (1) Counsel shall be appointed to represent any individual
1755 in a criminal or civil proceeding entitled to court-appointed
1756 counsel under the Federal or State Constitution or as authorized
1757 by general law. The court shall appoint a public defender to
1758 represent indigent persons as authorized in s. 27.51. The office
1759 of criminal conflict and civil regional counsel shall be
1760 appointed to represent persons in those cases in which provision
1761 is made for court-appointed counsel but only when the public
1762 defender has certified to the court in writing that the public
1763 defender is unable to provide representation due to a conflict
1764 of interest and has specifically identified and described the
1765 conflict of interest of his or her office or is not authorized
1766 to provide representation.
1767 (2)(a) Private counsel may shall be appointed to represent
1768 persons in those cases in which provision is made for court
1769 appointed counsel but only when the office of criminal conflict
1770 and civil regional counsel has certified to the court in writing
1771 that the public defender is unable to provide representation due
1772 to a conflict of interest and has specifically identified and
1773 described the conflict of interest of the office of criminal
1774 conflict and civil regional counsel.
1775 (3) In using a registry:
1776 (a) The chief judge of the circuit shall compile a list of
1777 attorneys in private practice, by county and by category of
1778 cases, and provide the list to the clerk of court in each
1779 county. The chief judge of the circuit may restrict the number
1780 of attorneys on the general registry list. To be included on a
1781 registry, an attorney must certify that he or she:
1782 1. Meets any minimum requirements established by the chief
1783 judge and by general law for court appointment;
1784 2. Is available to represent indigent defendants in cases
1785 requiring court appointment of private counsel; and
1786 3. Is willing to abide by the terms of the contract for
1787 services, s. 27.5304, and this section.
1788
1789 To be included on a registry, an attorney must enter into a
1790 contract for services with the Justice Administrative
1791 Commission. Failure to comply with the terms of the contract for
1792 services may result in termination of the contract and removal
1793 from the registry. Each attorney on the registry is responsible
1794 for notifying the clerk of the court and the Justice
1795 Administrative Commission of any change in his or her status.
1796 Failure to comply with this requirement is cause for termination
1797 of the contract for services and removal from the registry until
1798 the requirement is fulfilled.
1799 (5) The Justice Administrative Commission shall approve
1800 uniform contract forms for use in procuring the services of
1801 private court-appointed counsel and uniform procedures and forms
1802 for use by a court-appointed attorney in support of billing for
1803 attorney’s fees, costs, and related expenses to demonstrate the
1804 attorney’s completion of specified duties. Such uniform
1805 contracts and forms for use in billing must be consistent with
1806 s. 27.5304, s. 216.311, and the General Appropriations Act and
1807 must contain the following statement: “The State of Florida’s
1808 performance and obligation to pay under this contract is
1809 contingent upon an annual appropriation by the Legislature.”
1810 (6) After court appointment, the attorney must immediately
1811 file a notice of appearance with the court indicating acceptance
1812 of the appointment to represent the defendant and of the terms
1813 of the uniform contract as specified in subsection (5).
1814 (7)(a) A private attorney appointed by the court from the
1815 registry to represent a client is entitled to payment as
1816 provided in s. 27.5304 so long as the requirements of subsection
1817 (1) and paragraph (2)(a) are met. An attorney appointed by the
1818 court who is not on the registry list may be compensated under
1819 s. 27.5304 only if the court finds in the order of appointment
1820 that there were no registry attorneys available for
1821 representation for that case and only if the requirements of
1822 subsection (1) and paragraph (2)(a) are met.
1823 (b)1. The flat fee established in s. 27.5304 and the
1824 General Appropriations Act shall be presumed by the court to be
1825 sufficient compensation. The attorney shall maintain appropriate
1826 documentation, including contemporaneous and detailed hourly
1827 accounting of time spent representing the client. If the
1828 attorney fails to maintain such contemporaneous and detailed
1829 hourly records, the attorney waives the right to seek
1830 compensation in excess of the flat fee established in s. 27.5304
1831 and the General Appropriations Act. These records and documents
1832 are subject to review by the Justice Administrative Commission
1833 and audit by the Auditor General, subject to the attorney-client
1834 privilege and work-product privilege. The attorney shall
1835 maintain the records and documents in a manner that enables the
1836 attorney to redact any information subject to a privilege in
1837 order to facilitate the commission’s review of the records and
1838 documents and not to impede such review. The attorney may redact
1839 information from the records and documents only to the extent
1840 necessary to comply with the privilege. The Justice
1841 Administrative Commission shall review such records and shall
1842 contemporaneously document such review before authorizing
1843 payment to an attorney. Objections by or on behalf of the
1844 Justice Administrative Commission to records or documents or to
1845 claims for payment by the attorney shall be presumed correct by
1846 the court unless the court determines in writing competent and
1847 substantial evidence exists to justify overcoming the
1848 presumption.
1849 2. If an attorney fails, refuses, or declines to permit the
1850 commission or the Auditor General to review documentation for a
1851 case as provided in this paragraph, the attorney waives the
1852 right to seek, and the commission may not pay, compensation in
1853 excess of the flat fee established in s. 27.5304 and the General
1854 Appropriations Act for that case.
1855 3. A finding by the commission that an attorney has waived
1856 the right to seek compensation in excess of the flat fee
1857 established in s. 27.5304 and the General Appropriations Act, as
1858 provided in this paragraph, shall be is presumed to be correct
1859 valid, unless the, as determined by a court determines, in
1860 writing, that competent and substantial evidence exists to
1861 justify overcoming the presumption, the commission’s finding is
1862 not supported by competent and substantial evidence.
1863 Section 46. The amendments to s. 27.40(1), (2)(a), (3)(a),
1864 (5), (6), and (7), by this act shall expire July 1, 2020, and
1865 the text of those subsections and paragraphs, as applicable,
1866 shall revert to that in existence on June 30, 2019, except that
1867 any amendments to such text enacted other than by this act shall
1868 be preserved and continue to operate to the extent that such
1869 amendments are not dependent upon the portions of text which
1870 expire pursuant to this section.
1871 Section 47. In order to implement Specific Appropriations
1872 761 through 784A, 952 through 1097, and 1118 through 1152 of the
1873 2019-2020 General Appropriations Act, subsections (1), (3), (7),
1874 and (11), paragraphs (a) through (e) of subsection (12), and
1875 subsection (13) of section 27.5304, Florida Statutes, are
1876 amended to read:
1877 27.5304 Private court-appointed counsel; compensation;
1878 notice.—
1879 (1) Private court-appointed counsel appointed in the manner
1880 prescribed in s. 27.40(1) and (2)(a) shall be compensated by the
1881 Justice Administrative Commission only as provided in this
1882 section and the General Appropriations Act. The flat fees
1883 prescribed in this section are limitations on compensation. The
1884 specific flat fee amounts for compensation shall be established
1885 annually in the General Appropriations Act. The attorney also
1886 shall be reimbursed for reasonable and necessary expenses in
1887 accordance with s. 29.007. If the attorney is representing a
1888 defendant charged with more than one offense in the same case,
1889 the attorney shall be compensated at the rate provided for the
1890 most serious offense for which he or she represented the
1891 defendant. This section does not allow stacking of the fee
1892 limits established by this section.
1893 (3) The court retains primary authority and responsibility
1894 for determining the reasonableness of all billings for attorney
1895 fees, costs, and related expenses, subject to statutory
1896 limitations and the requirements of s. 27.40(7). Private court
1897 appointed counsel is entitled to compensation upon final
1898 disposition of a case.
1899 (7) Counsel eligible entitled to receive compensation from
1900 the state for representation pursuant to court appointment made
1901 in accordance with the requirements of s. 27.40(1) and (2)(a) in
1902 a proceeding under chapter 384, chapter 390, chapter 392,
1903 chapter 393, chapter 394, chapter 397, chapter 415, chapter 743,
1904 chapter 744, or chapter 984 shall receive compensation not to
1905 exceed the limits prescribed in the General Appropriations Act.
1906 Any such compensation must be determined as provided in s.
1907 27.40(7).
1908 (11) It is the intent of the Legislature that the flat fees
1909 prescribed under this section and the General Appropriations Act
1910 comprise the full and complete compensation for private court
1911 appointed counsel. It is further the intent of the Legislature
1912 that the fees in this section are prescribed for the purpose of
1913 providing counsel with notice of the limit on the amount of
1914 compensation for representation in particular proceedings and
1915 the sole procedure and requirements for obtaining payment for
1916 the same.
1917 (a) If court-appointed counsel moves to withdraw prior to
1918 the full performance of his or her duties through the completion
1919 of the case, the court shall presume that the attorney is not
1920 entitled to the payment of the full flat fee established under
1921 this section and the General Appropriations Act.
1922 (b) If court-appointed counsel is allowed to withdraw from
1923 representation prior to the full performance of his or her
1924 duties through the completion of the case and the court appoints
1925 a subsequent attorney, the total compensation for the initial
1926 and any and all subsequent attorneys may not exceed the flat fee
1927 established under this section and the General Appropriations
1928 Act, except as provided in subsection (12).
1929
1930 This subsection constitutes notice to any subsequently appointed
1931 attorney that he or she will not be compensated the full flat
1932 fee.
1933 (12) The Legislature recognizes that on rare occasions an
1934 attorney may receive a case that requires extraordinary and
1935 unusual effort.
1936 (a) If counsel seeks compensation that exceeds the limits
1937 prescribed by law, he or she must file a motion with the chief
1938 judge for an order approving payment of attorney fees in excess
1939 of these limits.
1940 1. Before filing the motion, the counsel shall deliver a
1941 copy of the intended billing, together with supporting
1942 affidavits and all other necessary documentation, to the Justice
1943 Administrative Commission.
1944 2. The Justice Administrative Commission shall review the
1945 billings, affidavit, and documentation for completeness and
1946 compliance with contractual and statutory requirements and shall
1947 contemporaneously document such review before authorizing
1948 payment to an attorney. If the Justice Administrative Commission
1949 objects to any portion of the proposed billing, the objection
1950 and supporting reasons must be communicated in writing to the
1951 private court-appointed counsel. The counsel may thereafter file
1952 his or her motion, which must specify whether the commission
1953 objects to any portion of the billing or the sufficiency of
1954 documentation, and shall attach the commission’s letter stating
1955 its objection.
1956 (b) Following receipt of the motion to exceed the fee
1957 limits, the chief judge or a single designee shall hold an
1958 evidentiary hearing. The chief judge may select only one judge
1959 per circuit to hear and determine motions pursuant to this
1960 subsection, except multicounty circuits and the eleventh circuit
1961 may have up to two designees.
1962 1. At the hearing, the attorney seeking compensation must
1963 prove by competent and substantial evidence that the case
1964 required extraordinary and unusual efforts. The chief judge or
1965 single designee shall consider criteria such as the number of
1966 witnesses, the complexity of the factual and legal issues, and
1967 the length of trial. The fact that a trial was conducted in a
1968 case does not, by itself, constitute competent substantial
1969 evidence of an extraordinary and unusual effort. In a criminal
1970 case, relief under this section may not be granted if the number
1971 of work hours does not exceed 75 or the number of the state’s
1972 witnesses deposed does not exceed 20.
1973 2. Objections by or on behalf of the Justice Administrative
1974 Commission to records or documents or to claims for payment by
1975 the attorney shall be presumed correct by the court unless the
1976 court determines, in writing, that competent and substantial
1977 evidence exists to justify overcoming the presumption. The chief
1978 judge or single designee shall enter a written order detailing
1979 his or her findings and identifying the extraordinary nature of
1980 the time and efforts of the attorney in the case which warrant
1981 exceeding the flat fee established by this section and the
1982 General Appropriations Act.
1983 (c) A copy of the motion and attachments shall be served on
1984 the Justice Administrative Commission at least 20 5 business
1985 days before the date of a hearing. The Justice Administrative
1986 Commission has standing to appear before the court, and may
1987 appear in person or telephonically, including at the hearing
1988 under paragraph (b), to contest any motion for an order
1989 approving payment of attorney fees, costs, or related expenses
1990 and may participate in a hearing on the motion by use of
1991 telephonic or other communication equipment. The Justice
1992 Administrative Commission may contract with other public or
1993 private entities or individuals to appear before the court for
1994 the purpose of contesting any motion for an order approving
1995 payment of attorney fees, costs, or related expenses. The fact
1996 that the Justice Administrative Commission has not objected to
1997 any portion of the billing or to the sufficiency of the
1998 documentation is not binding on the court.
1999 (d) If the chief judge or a single designee finds that
2000 counsel has proved by competent and substantial evidence that
2001 the case required extraordinary and unusual efforts, the chief
2002 judge or single designee shall order the compensation to be paid
2003 to the attorney at a percentage above the flat fee rate,
2004 depending on the extent of the unusual and extraordinary effort
2005 required. The percentage must be only the rate necessary to
2006 ensure that the fees paid are not confiscatory under common law.
2007 The percentage may not exceed 200 percent of the established
2008 flat fee, absent a specific finding that 200 percent of the flat
2009 fee in the case would be confiscatory. If the chief judge or
2010 single designee determines that 200 percent of the flat fee
2011 would be confiscatory, he or she shall order the amount of
2012 compensation using an hourly rate not to exceed $75 per hour for
2013 a noncapital case and $100 per hour for a capital case. However,
2014 the compensation calculated by using the hourly rate shall be
2015 only that amount necessary to ensure that the total fees paid
2016 are not confiscatory, subject to the requirements of s.
2017 27.40(7).
2018 (e) Any order granting relief under this subsection must be
2019 attached to the final request for a payment submitted to the
2020 Justice Administrative Commission and must satisfy the
2021 requirements of subparagraph (b)2.
2022 (13) Notwithstanding the limitation set forth in subsection
2023 (5) and for the 2019-2020 2018-2019 fiscal year only, the
2024 compensation for representation in a criminal proceeding may not
2025 exceed the following:
2026 (a) For misdemeanors and juveniles represented at the trial
2027 level: $1,000.
2028 (b) For noncapital, nonlife felonies represented at the
2029 trial level: $15,000.
2030 (c) For life felonies represented at the trial level:
2031 $15,000.
2032 (d) For capital cases represented at the trial level:
2033 $25,000. For purposes of this paragraph, a “capital case” is any
2034 offense for which the potential sentence is death and the state
2035 has not waived seeking the death penalty.
2036 (e) For representation on appeal: $9,000.
2037 (f) This subsection expires July 1, 2020 2019.
2038 Section 48. The amendments to s. 27.5304(1), (3), (7),
2039 (11), and (12)(a)-(e), Florida Statutes, by this act expire July
2040 1, 2020, and the text of those subsections and paragraphs, as
2041 applicable, shall revert to that in existence on June 30, 2019,
2042 except that any amendments to such text enacted other than by
2043 this act shall be preserved and continue to operate to the
2044 extent that such amendments are not dependent upon the portions
2045 of text which expire pursuant to this section.
2046 Section 49. In order to implement Specific Appropriation
2047 770 of the 2019-2020 General Appropriations Act, and
2048 notwithstanding section 28.35, Florida Statutes, the clerks of
2049 the circuit court are responsible for any costs of compensation
2050 to jurors, for meals or lodging provided to jurors, and for
2051 jury-related personnel costs that exceed the funding provided in
2052 the General Appropriations Act for these purposes. This section
2053 expires July 1, 2020.
2054 Section 50. In order to implement Specific Appropriations
2055 952 through 1097 of the 2019-2020 General Appropriations Act,
2056 and notwithstanding the expiration date in section 40 of chapter
2057 2018-10, Laws of Florida, paragraph (c) of subsection (19) of
2058 section 318.18, Florida Statutes, is reenacted to read:
2059 318.18 Amount of penalties.—The penalties required for a
2060 noncriminal disposition pursuant to s. 318.14 or a criminal
2061 offense listed in s. 318.17 are as follows:
2062 (19) In addition to any penalties imposed, an Article V
2063 assessment of $10 must be paid for all noncriminal moving and
2064 nonmoving violations under chapters 316, 320, and 322. The
2065 assessment is not revenue for purposes of s. 28.36 and may not
2066 be used in establishing the budget of the clerk of the court
2067 under that section or s. 28.35. Of the funds collected under
2068 this subsection:
2069 (c) The sum of $1.67 shall be deposited in the Indigent
2070 Criminal Defense Trust Fund for use by the public defenders.
2071 Section 51. In order to implement Specific Appropriations
2072 952 through 1097 of the 2019-2020 General Appropriations Act,
2073 and notwithstanding the expiration date in section 42 of chapter
2074 2018-10, Laws of Florida, paragraph (b) of subsection (12) of
2075 section 817.568, Florida Statutes, is reenacted to read:
2076 817.568 Criminal use of personal identification
2077 information.—
2078 (12) In addition to any sanction imposed when a person
2079 pleads guilty or nolo contendere to, or is found guilty of,
2080 regardless of adjudication, a violation of this section, the
2081 court shall impose a surcharge of $1,001.
2082 (b) The sum of $250 of the surcharge shall be deposited
2083 into the State Attorneys Revenue Trust Fund for the purpose of
2084 funding prosecutions of offenses relating to the criminal use of
2085 personal identification information. The sum of $250 of the
2086 surcharge shall be deposited into the Indigent Criminal Defense
2087 Trust Fund for the purposes of indigent criminal defense related
2088 to the criminal use of personal identification information.
2089 Section 52. The text of ss. 318.18(19)(c) and
2090 817.568(12)(b), Florida Statutes, as carried forward from
2091 chapter 2018-10, Laws of Florida, by this act, expires July 1,
2092 2020, and the text of those paragraphs shall revert to that in
2093 existence on June 30, 2018, except that any amendments to such
2094 text enacted other than by this act shall be preserved and
2095 continue to operate to the extent that such amendments are not
2096 dependent upon the portions of text which expire pursuant to
2097 this section.
2098 Section 53. In order to implement Specific Appropriation
2099 3210 of the 2019-2020 General Appropriations Act, and
2100 notwithstanding s. 112.061(4), Florida Statutes:
2101 (1)(a) A Supreme Court justice who permanently resides
2102 outside Leon County may have, if he or she so requests, a
2103 district court of appeal courthouse, a county courthouse, or
2104 other appropriate facility in his or her district of residence
2105 designated as his or her official headquarters for purposes of
2106 s. 112.061, Florida Statutes. This official headquarters may
2107 serve only as the justice’s private chambers.
2108 (b) A justice for whom an official headquarters is
2109 designated in his or her district of residence under this
2110 subsection is eligible for subsistence at a rate to be
2111 established by the Chief Justice for each day or partial day
2112 that the justice is at the headquarters of the Supreme Court to
2113 conduct court business. In addition to the subsistence
2114 allowance, a justice is eligible for reimbursement for
2115 transportation expenses as provided in s. 112.061(7), Florida
2116 Statutes, for travel between the justice’s official headquarters
2117 and the headquarters of the Supreme Court to conduct court
2118 business.
2119 (c) Payment of subsistence and reimbursement for
2120 transportation expenses relating to travel between a justice’s
2121 official headquarters and the headquarters of the Supreme Court
2122 shall be made to the extent appropriated funds are available, as
2123 determined by the Chief Justice.
2124 (2) The Chief Justice shall coordinate with each affected
2125 justice and other state and local officials as necessary to
2126 implement paragraph (1)(a).
2127 (3)(a) This section does not require a county to provide
2128 space in a county courthouse for a justice. A county may enter
2129 into an agreement with the Supreme Court governing the use of
2130 space in a county courthouse.
2131 (b) The Supreme Court may not use state funds to lease
2132 space in a district court of appeal courthouse, a county
2133 courthouse, or another facility to allow a justice to establish
2134 an official headquarters pursuant to subsection (1).
2135 (4) This section expires July 1, 2020.
2136 Section 54. In order to implement appropriations used to
2137 pay existing lease contracts for private lease space in excess
2138 of 2,000 square feet in the 2019-2020 General Appropriations
2139 Act, the Department of Management Services, with the cooperation
2140 of the agencies having the existing lease contracts for office
2141 or storage space, shall use tenant broker services to
2142 renegotiate or reprocure all private lease agreements for office
2143 or storage space expiring between July 1, 2020, and June 30,
2144 2022, in order to reduce costs in future years. The department
2145 shall incorporate this initiative into its 2019 master leasing
2146 report required under s. 255.249(7), Florida Statutes, and may
2147 use tenant broker services to explore the possibilities of
2148 collocating office or storage space, to review the space needs
2149 of each agency, and to review the length and terms of potential
2150 renewals or renegotiations. The department shall provide a
2151 report to the Executive Office of the Governor, the President of
2152 the Senate, and the Speaker of the House of Representatives by
2153 November 1, 2019, which lists each lease contract for private
2154 office or storage space, the status of renegotiations, and the
2155 savings achieved. This section expires July 1, 2020.
2156 Section 55. In order to implement Specific Appropriations
2157 2839 through 2850A of the 2019-2020 General Appropriations Act,
2158 and notwithstanding rule 60A-1.031, Florida Administrative Code,
2159 the transaction fee collected for use of the online procurement
2160 system, authorized in ss. 287.042(1)(h)1. and 287.057(22)(c),
2161 Florida Statutes, is seven-tenths of 1 percent for the 2019-2020
2162 fiscal year only. This section expires July 1, 2020.
2163 Section 56. In order to implement appropriations authorized
2164 in the 2019-2020 General Appropriations Act for data center
2165 services, and notwithstanding s. 216.292(2)(a), Florida
2166 Statutes, an agency may not transfer funds from a data
2167 processing category to a category other than another data
2168 processing category. This section expires July 1, 2020.
2169 Section 57. In order to implement the appropriation of
2170 funds in the appropriation category “Data Processing Assessment
2171 Agency for State Technology” in the 2019-2020 General
2172 Appropriations Act, and pursuant to the notice, review, and
2173 objection procedures of s. 216.177, Florida Statutes, the
2174 Executive Office of the Governor may transfer funds appropriated
2175 in that category between departments in order to align the
2176 budget authority granted based on the estimated billing cycle
2177 and methodology used by the Agency for State Technology for data
2178 processing services provided. This section expires July 1, 2020.
2179 Section 58. In order to implement the appropriation of
2180 funds in the appropriation category “Special Categories-Risk
2181 Management Insurance” in the 2019-2020 General Appropriations
2182 Act, and pursuant to the notice, review, and objection
2183 procedures of s. 216.177, Florida Statutes, the Executive Office
2184 of the Governor may transfer funds appropriated in that category
2185 between departments in order to align the budget authority
2186 granted with the premiums paid by each department for risk
2187 management insurance. This section expires July 1, 2020.
2188 Section 59. In order to implement the appropriation of
2189 funds in the appropriation category “Special Categories-Transfer
2190 to Department of Management Services-Human Resources Services
2191 Purchased per Statewide Contract” in the 2019-2020 General
2192 Appropriations Act, and pursuant to the notice, review, and
2193 objection procedures of s. 216.177, Florida Statutes, the
2194 Executive Office of the Governor may transfer funds appropriated
2195 in that category between departments in order to align the
2196 budget authority granted with the assessments that must be paid
2197 by each agency to the Department of Management Services for
2198 human resource management services. This section expires July 1,
2199 2020.
2200 Section 60. In order to implement Specific Appropriations
2201 2421 through 2424 of the 2019-2020 General Appropriations Act:
2202 (1) The Department of Financial Services shall replace the
2203 four main components of the Florida Accounting Information
2204 Resource Subsystem (FLAIR), which include central FLAIR,
2205 departmental FLAIR, payroll, and information warehouse, and
2206 shall replace the cash management and accounting management
2207 components of the Cash Management Subsystem (CMS) with an
2208 integrated enterprise system that allows the state to organize,
2209 define, and standardize its financial management business
2210 processes and that complies with ss. 215.90-215.96, Florida
2211 Statutes. The department may not include in the replacement of
2212 FLAIR and CMS:
2213 (a) Functionality that duplicates any of the other
2214 information subsystems of the Florida Financial Management
2215 Information System; or
2216 (b) Agency business processes related to any of the
2217 functions included in the Personnel Information System, the
2218 Purchasing Subsystem, or the Legislative Appropriations
2219 System/Planning and Budgeting Subsystem.
2220 (2) For purposes of replacing FLAIR and CMS, the Department
2221 of Financial Services shall:
2222 (a) Take into consideration the cost and implementation
2223 data identified for Option 3 as recommended in the March 31,
2224 2014, Florida Department of Financial Services FLAIR Study,
2225 version 031.
2226 (b) Ensure that all business requirements and technical
2227 specifications have been provided to all state agencies for
2228 their review and input and approved by the executive steering
2229 committee established in paragraph (c).
2230 (c) Implement a project governance structure that includes
2231 an executive steering committee composed of:
2232 1. The Chief Financial Officer or the executive sponsor of
2233 the project.
2234 2. A representative of the Division of Treasury of the
2235 Department of Financial Services, appointed by the Chief
2236 Financial Officer.
2237 3. A representative of the Division of Information Systems
2238 of the Department of Financial Services, appointed by the Chief
2239 Financial Officer.
2240 4. Four employees from the Division of Accounting and
2241 Auditing of the Department of Financial Services, appointed by
2242 the Chief Financial Officer. Each employee must have experience
2243 relating to at least one of the four main components that
2244 compose FLAIR.
2245 5. Two employees from the Executive Office of the Governor,
2246 appointed by the Governor. One employee must have experience
2247 relating to the Legislative Appropriations System/Planning and
2248 Budgeting Subsystem.
2249 6. One employee from the Department of Revenue, appointed
2250 by the executive director, who has experience relating to the
2251 department’s SUNTAX system.
2252 7. Two employees from the Department of Management
2253 Services, appointed by the Secretary of Management Services. One
2254 employee must have experience relating to the department’s
2255 personnel information subsystem and one employee must have
2256 experience relating to the department’s purchasing subsystem.
2257 8. Three state agency administrative services directors,
2258 appointed by the Governor. One director must represent a
2259 regulatory and licensing state agency and one director must
2260 represent a health care-related state agency.
2261 (3) The Chief Financial Officer or the executive sponsor of
2262 the project shall serve as chair of the executive steering
2263 committee, and the committee shall take action by a vote of at
2264 least eight affirmative votes with the Chief Financial Officer
2265 or the executive sponsor of the project voting on the prevailing
2266 side. A quorum of the executive steering committee consists of
2267 at least 10 members.
2268 (4) The executive steering committee has the overall
2269 responsibility for ensuring that the project to replace FLAIR
2270 and CMS meets its primary business objectives and shall:
2271 (a) Identify and recommend to the Executive Office of the
2272 Governor, the President of the Senate, and the Speaker of the
2273 House of Representatives any statutory changes needed to
2274 implement the replacement subsystem that will standardize, to
2275 the fullest extent possible, the state’s financial management
2276 business processes.
2277 (b) Review and approve any changes to the project’s scope,
2278 schedule, and budget which do not conflict with the requirements
2279 of subsection (1).
2280 (c) Ensure that adequate resources are provided throughout
2281 all phases of the project.
2282 (d) Approve all major project deliverables.
2283 (e) Approve all solicitation-related documents associated
2284 with the replacement of FLAIR and CMS.
2285 (5) This section expires July 1, 2020.
2286 Section 61. In order to implement Specific Appropriations
2287 2782 through 2793A of the 2019-2020 General Appropriations Act,
2288 all powers, duties, functions, records, personnel, property,
2289 pending issues and existing contracts, administrative authority,
2290 and administrative rules in chapter 74-3, Florida Administrative
2291 Code, of the Budget and Policy Section and the Cost Recovery and
2292 Billing Section within the Agency for State Technology are
2293 transferred by a type two transfer, as defined in s. 20.06(2),
2294 Florida Statutes, to the Department of Management Services. This
2295 section expires July 1, 2020.
2296 Section 62. In order to implement Specific Appropriation
2297 2624 of the 2019-2020 General Appropriations Act, paragraph (d)
2298 is added to subsection (4) of section 112.061, Florida Statutes,
2299 to read:
2300 112.061 Per diem and travel expenses of public officers,
2301 employees, and authorized persons.—
2302 (4) OFFICIAL HEADQUARTERS.—The official headquarters of an
2303 officer or employee assigned to an office shall be the city or
2304 town in which the office is located except that:
2305 (d) A Lieutenant Governor who permanently resides outside
2306 of Leon County, may, if he or she so requests, have an
2307 appropriate facility in his or her county designated as his or
2308 her official headquarters for purposes of this section. This
2309 official headquarters may only serve as the Lieutenant
2310 Governor’s personal office. The Lieutenant Governor may not use
2311 state funds to lease space in any facility for his or her
2312 official headquarters.
2313 1. A Lieutenant Governor for whom an official headquarters
2314 is established in his or her county of residence pursuant to
2315 this paragraph is eligible for subsistence at a rate to be
2316 established by the Governor for each day or partial day that the
2317 Lieutenant Governor is at the State Capitol to conduct official
2318 state business. In addition to the subsistence allowance, a
2319 Lieutenant Governor is eligible for reimbursement for
2320 transportation expenses as provided in subsection (7) for travel
2321 between the Lieutenant Governor’s official headquarters and the
2322 State Capitol to conduct state business.
2323 2. Payment of subsistence and reimbursement for
2324 transportation between a Lieutenant Governor’s official
2325 headquarters and the State Capitol shall be made to the extent
2326 appropriated funds are available, as determined by the Governor.
2327 3. This paragraph expires July 1, 2020.
2328 Section 63. In order to implement Specific Appropriations
2329 2782 through 2793A of the 2019-2020 General Appropriations Act,
2330 subsection (4) of section 20.22, Florida Statutes, is amended to
2331 read:
2332 20.22 Department of Management Services.—There is created a
2333 Department of Management Services.
2334 (4) The Department of Management Services shall provide the
2335 Agency for State Technology with financial management oversight.
2336 The agency shall provide the department all documents and
2337 necessary information, as requested, to meet the requirements of
2338 this section. The department’s financial management oversight
2339 includes:
2340 (a) Developing and implementing cost-recovery mechanisms
2341 for the administrative and data center costs of services through
2342 agency assessments of applicable customer entities. Such cost
2343 recovery mechanisms must comply with applicable state and
2344 federal regulations concerning the distribution and use of funds
2345 and must ensure that, for each fiscal year, no service or
2346 customer entity subsidizes another service or customer entity.
2347 (b) Implementing an annual reconciliation process to ensure
2348 that each customer entity is paying for the full direct and
2349 indirect cost of each service as determined by the customer
2350 entity’s use of each service.
2351 (c) Providing rebates that may be credited against future
2352 billings to customer entities when revenues exceed costs.
2353 (d) Requiring each customer entity to transfer sufficient
2354 funds into the appropriate data processing appropriation
2355 category before implementing a customer entity’s request for a
2356 change in the type or level of service provided, if such change
2357 results in a net increase to the customer entity’s costs for
2358 that fiscal year.
2359 (e) By October 1, 2019 2018, providing to each customer
2360 entity’s agency head the estimated agency assessment cost by the
2361 Agency for State Technology for the following fiscal year. The
2362 agency assessment cost of each customer entity includes
2363 administrative and data center services costs of the agency.
2364 (f) Preparing the legislative budget request for the Agency
2365 for State Technology based on the issues requested and approved
2366 by the executive director of the Agency for State Technology.
2367 Upon the approval of the agency’s executive director, the
2368 Department of Management Services shall transmit the agency’s
2369 legislative budget request to the Governor and the Legislature
2370 pursuant to s. 216.023.
2371 (g) Providing a plan for consideration by the Legislative
2372 Budget Commission if the Agency for State Technology increases
2373 the cost of a service for a reason other than a customer
2374 entity’s request made under paragraph (d). Such a plan is
2375 required only if the service cost increase results in a net
2376 increase to a customer entity.
2377 (h) Providing a timely invoicing methodology to recover the
2378 cost of services provided to the customer entity pursuant to s.
2379 215.422.
2380 (i) Providing an annual reconciliation process of prior
2381 year expenditures completed on a timely basis and overall budget
2382 management pursuant to chapter 216.
2383
2384 (j) This subsection expires July 1, 2020 2019.
2385 Section 64. In order to implement Specific Appropriations
2386 1573 through 1579A of the 2019-2020 General Appropriations Act,
2387 subsection (9) of section 20.255, Florida Statutes, is amended
2388 to read:
2389 20.255 Department of Environmental Protection.—There is
2390 created a Department of Environmental Protection.
2391 (9) The department shall act as the lead agency of the
2392 executive branch for the development and review of policies,
2393 practices, and standards related to geospatial data. The
2394 department shall coordinate and promote geospatial data sharing
2395 throughout the state government and serve as the primary point
2396 of contact for statewide geographic information systems
2397 projects, grants, and resources. This subsection expires July 1,
2398 2020 2019.
2399 Section 65. Effective July 1, 2019, and upon the expiration
2400 and reversion of the amendments made to section 20.61, Florida
2401 Statutes, pursuant to section 61 of chapter 2018-10, Laws of
2402 Florida, and in order to implement Specific Appropriation 3008A
2403 of the 2019-2020 General Appropriations Act, section 20.61,
2404 Florida Statutes, is amended to read:
2405 20.61 Agency for State Technology.—The Agency for State
2406 Technology is created within the Department of Management
2407 Services. The agency is a separate budget program and is not
2408 subject to control, supervision, or direction by the Department
2409 of Management Services, including, but not limited to,
2410 purchasing, transactions involving real or personal property, or
2411 personnel, with the exception of financial management, which
2412 shall be provided by the Department of Management Services
2413 pursuant to s. 20.22, and or budgetary matters.
2414 (1)(a) The executive director of the agency shall serve as
2415 the state’s chief information officer and shall be appointed by
2416 the Governor, subject to confirmation by the Senate.
2417 (b) The executive director must be a proven, effective
2418 administrator who preferably has executive-level experience in
2419 both the public and private sectors in development and
2420 implementation of information technology strategic planning;
2421 management of enterprise information technology projects,
2422 particularly management of large-scale consolidation projects;
2423 and development and implementation of fiscal and substantive
2424 information technology policy.
2425 (2) The following positions are established within the
2426 agency, all of whom shall be appointed by the executive
2427 director:
2428 (a) Deputy executive director, who shall serve as the
2429 deputy chief information officer.
2430 (b) Chief planning officer and six strategic planning
2431 coordinators. One coordinator shall be assigned to each of the
2432 following major program areas: health and human services,
2433 education, government operations, criminal and civil justice,
2434 agriculture and natural resources, and transportation and
2435 economic development. The duties and responsibilities of
2436 strategic planning coordinators include the following:
2437 1. Conducting quarterly meetings with customers to identify
2438 performance improvements, monitor agency performance metrics,
2439 and publish an annual report on the agency’s performance by
2440 January 5 of each year.
2441 2. Conducting research on innovative information technology
2442 and identifying current initiatives by other state, local, or
2443 federal agencies that align with these innovations.
2444 3. Producing an annual Information Technology Strategic
2445 Plan including, at a minimum, a portfolio of IT projects for the
2446 state; the status of and future goals for the state’s security
2447 of information technology resources; disaster recovery for the
2448 state’s information technology infrastructure and applications;
2449 and the transitioning of information technology resources to a
2450 cloud platform, service, or infrastructure by January 5 of each
2451 year.
2452 4. Reviewing and making recommendations on state agencies’
2453 budget requests related to information technology resources.
2454 5. Monitoring information technology procurements by state
2455 agencies, as provided in s. 282.0051(6).
2456 (c) Chief data center operations officer, who shall have 10
2457 years of experience leading and operating a data center facility
2458 and expertise in cloud computing management.
2459 (d) Chief information security officer.
2460 (e) Chief technology officer.
2461 (3) The Technology Advisory Council, consisting of seven
2462 members, is established within the Agency for State Technology
2463 and shall be maintained pursuant to s. 20.052. Four members of
2464 the council shall be appointed by the Governor, two of whom must
2465 be from the private sector and one of whom must be a
2466 cybersecurity expert. The President of the Senate and the
2467 Speaker of the House of Representatives shall each appoint one
2468 member of the council. The Attorney General, the Commissioner of
2469 Agriculture and Consumer Services, and the Chief Financial
2470 Officer shall jointly appoint one member by agreement of a
2471 majority of these officers. Upon initial establishment of the
2472 council, two of the Governor’s appointments shall be for 2-year
2473 terms. Thereafter, all appointments shall be for 4-year terms.
2474 (a) The council shall consider and make recommendations to
2475 the executive director on such matters as enterprise information
2476 technology policies, standards, services, and architecture. The
2477 council may also identify and recommend opportunities for the
2478 establishment of public-private partnerships when considering
2479 technology infrastructure and services in order to accelerate
2480 project delivery and provide a source of new or increased
2481 project funding.
2482 (b) The executive director shall consult with the council
2483 with regard to executing the duties and responsibilities of the
2484 agency related to statewide information technology strategic
2485 planning and policy.
2486 (c) The council shall be governed by the Code of Ethics for
2487 Public Officers and Employees as set forth in part III of
2488 chapter 112, and each member must file a statement of financial
2489 interests pursuant to s. 112.3145.
2490 Section 66. The amendment to s. 20.61, Florida Statutes, by
2491 this act expires July 1, 2020, and the text of that section
2492 shall revert to that in existence on June 30, 2018, except that
2493 any amendments to such text enacted other than by this act shall
2494 be preserved and continue to operate to the extent that such
2495 amendments are not dependent upon the portions of text which
2496 expire pursuant to this section.
2497 Section 67. In order to implement Specific Appropriations
2498 3008A through 3008Z of the 2019-2020 General Appropriations Act,
2499 and notwithstanding the expiration date in section 61 of chapter
2500 2018-10, Laws of Florida, subsections (5), (20), and (28) of
2501 section 282.0041, Florida Statutes, are reenacted to read:
2502 282.0041 Definitions.—As used in this chapter, the term:
2503 (5) “Customer entity” means an entity that obtains services
2504 from the Agency for State Technology.
2505 (20) “Service-level agreement” means a written contract
2506 between the Agency for State Technology and a customer entity
2507 which specifies the scope of services provided, service level,
2508 the duration of the agreement, the responsible parties, and
2509 agency assessment costs, which include administrative and data
2510 center costs. A service-level agreement is not a rule pursuant
2511 to chapter 120.
2512 (28) “Agency assessment” means the amount each customer
2513 entity must pay annually for services from the Agency for State
2514 Technology and includes administrative and data center services
2515 costs.
2516 Section 68. In order to implement Specific Appropriations
2517 3008H through 3008Z of the 2019-2020 General Appropriations Act,
2518 and notwithstanding the expiration date in section 61 of chapter
2519 2018-10, Laws of Florida, subsection (11) of section 282.0051,
2520 Florida Statutes, is reenacted to read:
2521 282.0051 Agency for State Technology; powers, duties, and
2522 functions.—The Agency for State Technology shall have the
2523 following powers, duties, and functions:
2524 (11) Provide operational management and oversight of the
2525 state data center established pursuant to s. 282.201, which
2526 includes:
2527 (a) Implementing industry standards and best practices for
2528 the state data center’s facilities, operations, maintenance,
2529 planning, and management processes.
2530 (b) Developing and implementing appropriate operating
2531 guidelines and procedures necessary for the state data center to
2532 perform its duties pursuant to s. 282.201. The guidelines and
2533 procedures must comply with applicable state and federal laws,
2534 regulations, and policies and conform to generally accepted
2535 governmental accounting and auditing standards. The guidelines
2536 and procedures must include, but not be limited to:
2537 1. Implementing a consolidated administrative support
2538 structure responsible for providing procurement, transactions
2539 involving real or personal property, human resources, and
2540 operational support.
2541 2. Standardizing and consolidating procurement and
2542 contracting practices.
2543 (c) In collaboration with the Department of Law
2544 Enforcement, developing and implementing a process for
2545 detecting, reporting, and responding to information technology
2546 security incidents, breaches, and threats.
2547 (d) Adopting rules relating to the operation of the state
2548 data center.
2549 (e) Beginning May 1, 2016, and annually thereafter,
2550 conducting a market analysis to determine whether the state’s
2551 approach to the provision of data center services is the most
2552 effective and efficient manner by which its customer entities
2553 can acquire such services, based on federal, state, and local
2554 government trends; best practices in service provision; and the
2555 acquisition of new and emerging technologies. The results of the
2556 market analysis shall assist the state data center in making
2557 adjustments to its data center service offerings.
2558 Section 69. In order to implement Specific Appropriation
2559 3008F of the 2019-2020 General Appropriations Act, and
2560 notwithstanding the expiration date in section 61 of chapter
2561 2018-10, Laws of Florida, paragraph (d) of subsection (2) of
2562 section 282.201, Florida Statutes, is reenacted to read:
2563 282.201 State data center.—The state data center is
2564 established within the Agency for State Technology and shall
2565 provide data center services that are hosted on premises or
2566 externally through a third-party provider as an enterprise
2567 information technology service. The provision of data center
2568 services must comply with applicable state and federal laws,
2569 regulations, and policies, including all applicable security,
2570 privacy, and auditing requirements.
2571 (2) STATE DATA CENTER DUTIES.—The state data center shall:
2572 (d) Enter into a service-level agreement with each customer
2573 entity to provide the required type and level of service or
2574 services. If a customer entity fails to execute an agreement
2575 within 60 days after commencement of a service, the state data
2576 center may cease service. A service-level agreement may not have
2577 a term exceeding 3 years and at a minimum must:
2578 1. Identify the parties and their roles, duties, and
2579 responsibilities under the agreement.
2580 2. State the duration of the contract term and specify the
2581 conditions for renewal.
2582 3. Identify the scope of work.
2583 4. Identify the products or services to be delivered with
2584 sufficient specificity to permit an external financial or
2585 performance audit.
2586 5. Establish the services to be provided, the business
2587 standards that must be met for each service, the cost of each
2588 service, and the metrics and processes by which the business
2589 standards for each service are to be objectively measured and
2590 reported.
2591 6. Provide a procedure for modifying the service-level
2592 agreement based on changes in the type, level, and cost of a
2593 service.
2594 7. Include a right-to-audit clause to ensure that the
2595 parties to the agreement have access to records for audit
2596 purposes during the term of the service-level agreement.
2597 8. Provide that a service-level agreement may be terminated
2598 by either party for cause only after giving the other party and
2599 the Agency for State Technology notice in writing of the cause
2600 for termination and an opportunity for the other party to
2601 resolve the identified cause within a reasonable period.
2602 9. Provide for mediation of disputes by the Division of
2603 Administrative Hearings pursuant to s. 120.573.
2604 Section 70. The text of s. 282.0041(5), (20), and (28); s.
2605 282.0051(11); and s. 282.201(2)(d), Florida Statutes, as carried
2606 forward from chapter 2018-10, Laws of Florida, by this act,
2607 expire July 1, 2020, and the text of those subsections and
2608 paragraph, as applicable, shall revert to that in existence on
2609 June 30, 2018, except that any amendments to such text enacted
2610 other than by this act shall be preserved and continue to
2611 operate to the extent that such amendments are not dependent
2612 upon the portions of text which expire pursuant to this section.
2613 Section 71. In order to implement Specific Appropriation
2614 3109 of the 2019-2020 General Appropriations Act, subsection (1)
2615 of section 409.2567, Florida Statutes, is amended to read:
2616 409.2567 Services to individuals not otherwise eligible.—
2617 (1) All support services provided by the department shall
2618 be made available on behalf of all dependent children. Services
2619 shall be provided upon acceptance of public assistance or upon
2620 proper application filed with the department. The federally
2621 required application fee for individuals who do not receive
2622 public assistance is $1, which shall be waived for all
2623 applicants and paid by the department. The annual fee required
2624 under 42 U.S.C. s. 654(6)(B), as amended by Pub. L. No. 115-123,
2625 for cases involving an individual who has never received
2626 temporary cash assistance and for whom the department has
2627 collected the federally required amount at least $500 of support
2628 shall be paid by the department.
2629 Section 72. The amendment to s. 409.2567(1), Florida
2630 Statutes, by this act expires July 1, 2020, and the text of that
2631 subsection shall revert to that in existence on June 30, 2019,
2632 except that any amendments to such text enacted other than by
2633 this act shall be preserved and continue to operate to the
2634 extent that such amendments are not dependent upon the portions
2635 of text which expire pursuant to this section.
2636 Section 73. In order to implement Specific Appropriations
2637 1654 through 1656 of the 2019-2020 General Appropriations Act,
2638 paragraph (d) of subsection (11) of section 216.181, Florida
2639 Statutes, is amended to read:
2640 216.181 Approved budgets for operations and fixed capital
2641 outlay.—
2642 (11)
2643 (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
2644 for the 2019-2020 2018-2019 fiscal year only, the Legislative
2645 Budget Commission may increase the amounts appropriated to the
2646 Fish and Wildlife Conservation Commission or the Department of
2647 Environmental Protection for fixed capital outlay projects,
2648 including additional fixed capital outlay projects, using funds
2649 provided to the state from the Gulf Environmental Benefit Fund
2650 administered by the National Fish and Wildlife Foundation; funds
2651 provided to the state from the Gulf Coast Restoration Trust Fund
2652 related to the Resources and Ecosystems Sustainability, Tourist
2653 Opportunities, and Revived Economies of the Gulf Coast Act of
2654 2012 (RESTORE Act); or funds provided by the British Petroleum
2655 Corporation (BP) for natural resource damage assessment
2656 restoration projects. Concurrent with submission of an amendment
2657 to the Legislative Budget Commission pursuant to this paragraph,
2658 any project that carries a continuing commitment for future
2659 appropriations by the Legislature must be specifically
2660 identified, together with the projected amount of the future
2661 commitment associated with the project and the fiscal years in
2662 which the commitment is expected to commence. This paragraph
2663 expires July 1, 2020 2019.
2664
2665 The provisions of this subsection are subject to the notice and
2666 objection procedures set forth in s. 216.177.
2667 Section 74. In order to implement specific appropriations
2668 from the land acquisition trust funds within the Department of
2669 Agriculture and Consumer Services, the Department of
2670 Environmental Protection, the Department of State, and the Fish
2671 and Wildlife Conservation Commission, which are contained in the
2672 2019-2020 General Appropriations Act, subsection (3) of section
2673 215.18, Florida Statutes, is amended to read:
2674 215.18 Transfers between funds; limitation.—
2675 (3) Notwithstanding subsection (1) and only with respect to
2676 a land acquisition trust fund in the Department of Agriculture
2677 and Consumer Services, the Department of Environmental
2678 Protection, the Department of State, or the Fish and Wildlife
2679 Conservation Commission, whenever there is a deficiency in a
2680 land acquisition trust fund which would render that trust fund
2681 temporarily insufficient to meet its just requirements,
2682 including the timely payment of appropriations from that trust
2683 fund, and other trust funds in the State Treasury have moneys
2684 that are for the time being or otherwise in excess of the
2685 amounts necessary to meet the just requirements, including
2686 appropriated obligations, of those other trust funds, the
2687 Governor may order a temporary transfer of moneys from one or
2688 more of the other trust funds to a land acquisition trust fund
2689 in the Department of Agriculture and Consumer Services, the
2690 Department of Environmental Protection, the Department of State,
2691 or the Fish and Wildlife Conservation Commission. Any action
2692 proposed pursuant to this subsection is subject to the notice,
2693 review, and objection procedures of s. 216.177, and the Governor
2694 shall provide notice of such action at least 7 days before the
2695 effective date of the transfer of trust funds, except that
2696 during July 2019 2018, notice of such action shall be provided
2697 at least 3 days before the effective date of a transfer unless
2698 such 3-day notice is waived by the chair and vice-chair of the
2699 Legislative Budget Commission. Any transfer of trust funds to a
2700 land acquisition trust fund in the Department of Agriculture and
2701 Consumer Services, the Department of Environmental Protection,
2702 the Department of State, or the Fish and Wildlife Conservation
2703 Commission must be repaid to the trust funds from which the
2704 moneys were loaned by the end of the 2019-2020 2018-2019 fiscal
2705 year. The Legislature has determined that the repayment of the
2706 other trust fund moneys temporarily loaned to a land acquisition
2707 trust fund in the Department of Agriculture and Consumer
2708 Services, the Department of Environmental Protection, the
2709 Department of State, or the Fish and Wildlife Conservation
2710 Commission pursuant to this subsection is an allowable use of
2711 the moneys in a land acquisition trust fund because the moneys
2712 from other trust funds temporarily loaned to a land acquisition
2713 trust fund shall be expended solely and exclusively in
2714 accordance with s. 28, Art. X of the State Constitution. This
2715 subsection expires July 1, 2020 2019.
2716 Section 75. (1) In order to implement specific
2717 appropriations from the land acquisition trust funds within the
2718 Department of Agriculture and Consumer Services, the Department
2719 of Environmental Protection, the Department of State, and the
2720 Fish and Wildlife Conservation Commission, which are contained
2721 in the 2019-2020 General Appropriations Act, the Department of
2722 Environmental Protection shall transfer revenues from the Land
2723 Acquisition Trust Fund within the department to the land
2724 acquisition trust funds within the Department of Agriculture and
2725 Consumer Services, the Department of State, and the Fish and
2726 Wildlife Conservation Commission, as provided in this section.
2727 As used in this section, the term “department” means the
2728 Department of Environmental Protection.
2729 (2) After subtracting any required debt service payments,
2730 the proportionate share of revenues to be transferred to each
2731 land acquisition trust fund shall be calculated by dividing the
2732 appropriations from each of the land acquisition trust funds for
2733 the fiscal year by the total appropriations from the Land
2734 Acquisition Trust Fund within the department and the land
2735 acquisition trust funds within the Department of Agriculture and
2736 Consumer Services, the Department of State, and the Fish and
2737 Wildlife Conservation Commission for the fiscal year. The
2738 department shall transfer the proportionate share of the
2739 revenues in the Land Acquisition Trust Fund within the
2740 department on a monthly basis to the appropriate land
2741 acquisition trust funds within the Department of Agriculture and
2742 Consumer Services, the Department of State, and the Fish and
2743 Wildlife Conservation Commission and shall retain its
2744 proportionate share of the revenues in the Land Acquisition
2745 Trust Fund within the department. Total distributions to a land
2746 acquisition trust fund within the Department of Agriculture and
2747 Consumer Services, the Department of State, and the Fish and
2748 Wildlife Conservation Commission may not exceed the total
2749 appropriations from such trust fund for the fiscal year.
2750 (3) In addition, the department shall transfer from the
2751 Land Acquisition Trust Fund to land acquisition trust funds
2752 within the Department of Agriculture and Consumer Services, the
2753 Department of State, and the Fish and Wildlife Conservation
2754 Commission amounts equal to the difference between the amounts
2755 appropriated in chapter 2018-9, Laws of Florida, to the
2756 department’s Land Acquisition Trust Fund and the other land
2757 acquisition trust funds, and the amounts actually transferred
2758 between those trust funds during the 2018-2019 fiscal year.
2759 (4) The department may advance funds from the beginning
2760 unobligated fund balance in the Land Acquisition Trust Fund to
2761 the Land Acquisition Trust Fund within the Fish and Wildlife
2762 Conservation Commission needed for cash flow purposes based on a
2763 detailed expenditure plan. The department shall prorate amounts
2764 transferred quarterly to the Fish and Wildlife Conservation
2765 Commission to recoup the amount of funds advanced by June 30,
2766 2020.
2767 (5) This section expires July 1, 2020.
2768 Section 76. In order to implement Specific Appropriation
2769 1640 of the 2019-2020 General Appropriations Act, and
2770 notwithstanding the expiration date in section 68 of chapter
2771 2018-10, Laws of Florida, paragraph (a) of subsection (6) of
2772 section 373.470, Florida Statutes, is reenacted to read:
2773 373.470 Everglades restoration.—
2774 (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.—
2775 (a) Except as provided in paragraphs (d) and (e) and for
2776 funds appropriated for debt service, the department shall
2777 distribute funds in the Save Our Everglades Trust Fund to the
2778 district in accordance with a legislative appropriation and s.
2779 373.026(8)(b). Distribution of funds to the district from the
2780 Save Our Everglades Trust Fund or the Land Acquisition Trust
2781 Fund shall be equally matched by the cumulative contributions
2782 from the district by fiscal year 2019-2020 by providing funding
2783 or credits toward project components. The dollar value of in
2784 kind project design and construction work by the district in
2785 furtherance of the comprehensive plan and existing interest in
2786 public lands needed for a project component are credits towards
2787 the district’s contributions.
2788 Section 77. The text of s. 373.470(6)(a), Florida Statutes,
2789 as carried forward from chapter 2017-71, Laws of Florida, by
2790 this act, expires July 1, 2020, and the text of that paragraph
2791 shall revert to that in existence on June 30, 2017, except that
2792 any amendments to such text enacted other than by this act shall
2793 be preserved and continue to operate to the extent that such
2794 amendments are not dependent upon the portions of text which
2795 expire pursuant to this section.
2796 Section 78. In order to implement Specific Appropriation
2797 1781 of the 2019-2020 General Appropriations Act, paragraph (e)
2798 of subsection (11) of section 216.181, Florida Statutes, is
2799 amended to read:
2800 216.181 Approved budgets for operations and fixed capital
2801 outlay.—
2802 (11)
2803 (e) Notwithstanding paragraph (b) and paragraph (2)(b), and
2804 for the 2019-2020 2018-2019 fiscal year only, the Legislative
2805 Budget Commission may increase the amounts appropriated to the
2806 Department of Environmental Protection for fixed capital outlay
2807 projects using funds provided to the state from the
2808 environmental mitigation trust administered by a trustee
2809 designated by the United States District Court for the Northern
2810 District of California for eligible mitigation actions and
2811 mitigation action expenditures described in the partial consent
2812 decree entered into between the United States of America and
2813 Volkswagen relating to violations of the Clean Air Act.
2814 Concurrent with submission of an amendment to the Legislative
2815 Budget Commission pursuant to this paragraph, any project that
2816 carries a continuing commitment for future appropriations by the
2817 Legislature must be specifically identified, together with the
2818 projected amount of the future commitment associated with the
2819 project and the fiscal years in which the commitment is expected
2820 to commence. This paragraph expires July 1, 2020 2019.
2821
2822 The provisions of this subsection are subject to the notice and
2823 objection procedures set forth in s. 216.177.
2824 Section 79. In order to implement Specific Appropriation
2825 1607 of the 2019-2020 General Appropriations Act, paragraph (m)
2826 of subsection (3) of section 259.105, Florida Statutes, is
2827 amended to read:
2828 259.105 The Florida Forever Act.—
2829 (3) Less the costs of issuing and the costs of funding
2830 reserve accounts and other costs associated with bonds, the
2831 proceeds of cash payments or bonds issued pursuant to this
2832 section shall be deposited into the Florida Forever Trust Fund
2833 created by s. 259.1051. The proceeds shall be distributed by the
2834 Department of Environmental Protection in the following manner:
2835 (m) Notwithstanding paragraphs (a)-(j) and for the 2019
2836 2020 2018-2019 fiscal year, only:
2837 1. the amount of $45 million $77 million to only the
2838 Division of State Lands within the Department of Environmental
2839 Protection for the Board of Trustees Florida Forever Priority
2840 List land acquisition projects. This paragraph expires July 1,
2841 2020.
2842 2. The amount of $10 million to the Department of
2843 Environmental Protection for use by the Florida Communities
2844 Trust for the purposes of part III of chapter 380, as described
2845 and limited by this subsection, and grants to local governments
2846 or nonprofit environmental organizations that are tax-exempt
2847 under s. 501(c)(3) of the United States Internal Revenue Code
2848 for the acquisition of community-based projects, urban open
2849 spaces, parks, and greenways to implement local government
2850 comprehensive plans. From funds available to the trust and used
2851 for land acquisition, 75 percent shall be matched by local
2852 governments on a dollar-for-dollar basis. The Legislature
2853 intends that the Florida Communities Trust emphasize funding
2854 projects in low-income or otherwise disadvantaged communities
2855 and projects that provide areas for direct water access and
2856 water-dependent facilities that are open to the public and offer
2857 public access by vessels to waters of the state, including boat
2858 ramps and associated parking and other support facilities. At
2859 least 30 percent of the total allocation provided to the trust
2860 shall be used in Standard Metropolitan Statistical Areas, but
2861 one-half of that amount shall be used in localities in which the
2862 project site is located in built-up commercial, industrial, or
2863 mixed-use areas and functions to intersperse open spaces within
2864 congested urban core areas. From funds allocated to the trust,
2865 no less than 5 percent shall be used to acquire lands for
2866 recreational trail systems, provided that in the event these
2867 funds are not needed for such projects, they will be available
2868 for other trust projects. Local governments may use federal
2869 grants or loans, private donations, or environmental mitigation
2870 funds for any part or all of any local match required for
2871 acquisitions funded through the Florida Communities Trust. Any
2872 lands purchased by nonprofit organizations using funds allocated
2873 under this paragraph must provide for such lands to remain
2874 permanently in public use through a reversion of title to local
2875 or state government, conservation easement, or other appropriate
2876 mechanism. Projects funded with funds allocated to the trust
2877 shall be selected in a competitive process measured against
2878 criteria adopted in rule by the trust.
2879 3. The sum of $2 million to the Department of Environmental
2880 Protection for the acquisition of land and capital project
2881 expenditures necessary to implement the Stan Mayfield Working
2882 Waterfronts Program within the Florida Communities Trust
2883 pursuant to s. 380.5105.
2884 4. The sum of $2 million to the Department of Environmental
2885 Protection for grants pursuant to s. 375.075(1)-(4).
2886
2887 This paragraph expires July 1, 2019.
2888 Section 80. In order to implement Specific Appropriation
2889 1642 of the 2019-2020 General Appropriations Act, subsection (6)
2890 is added to section 206.9935, Florida Statutes, to read:
2891 206.9935 Taxes imposed.—
2892 (6) The sum of $40 million shall be transferred from the
2893 amount credited to the Inland Protection Trust Fund pursuant to
2894 subsection (3) to the Water Protection and Sustainability
2895 Program Trust Fund and used for the purposes specified in s.
2896 373.707. This subsection expires July 1, 2020.
2897 Section 81. In order to implement Specific Appropriation
2898 1642 of the 2019-2020 General Appropriations Act, paragraph (a)
2899 of subsection (6) of section 373.707, Florida Statutes, is
2900 amended to read:
2901 373.707 Alternative water supply development.—
2902 (6)(a) If state funds are provided through specific
2903 appropriation or pursuant to the Water Protection and
2904 Sustainability Program, such funds serve to supplement existing
2905 water management district or basin board funding for alternative
2906 water supply development assistance and should not result in a
2907 reduction of such funding. For each project identified in the
2908 annual funding plans prepared pursuant to s. 373.536(6)(a)4.,
2909 the water management districts shall include in the annual
2910 tentative and adopted budget submittals required under this
2911 chapter the amount of funds allocated for water resource
2912 development that supports alternative water supply development
2913 and the funds allocated for alternative water supply projects.
2914 Each It shall be the goal of each water management district and
2915 basin board shall allocate boards that the combined funds
2916 allocated annually for these purposes be, at a minimum, the
2917 equivalent of 100 percent of the state funding provided to the
2918 water management district for the alternative water supply
2919 project development. If this goal is not achieved, the water
2920 management district shall provide in the budget submittal an
2921 explanation of the reasons or constraints that prevent this goal
2922 from being met and an explanation of how the goal will be met in
2923 future years, and affirmation of match is required during the
2924 budget review process as established under s. 373.536(5). The
2925 Suwannee River Water Management District and the Northwest
2926 Florida Water Management District are shall not be required to
2927 meet the match requirements of this paragraph; however, they
2928 shall try to achieve the match requirement to the greatest
2929 extent practicable.
2930 Section 82. The amendment to s. 373.707(6)(a), Florida
2931 Statutes, by this act expires July 1, 2020, and the text of that
2932 paragraph shall revert to that in existence on June 30, 2019,
2933 except that any amendments to such text enacted other than by
2934 this act shall be preserved and continue to operate to the
2935 extent that such amendments are not dependent upon the portions
2936 of text which expire pursuant to this section.
2937 Section 83. In order to implement Specific Appropriation
2938 2682 of the 2019-2020 General Appropriations Act, paragraph (b)
2939 of subsection (3) and subsection (5) of section 321.04, Florida
2940 Statutes, are amended to read:
2941 321.04 Personnel of the highway patrol; rank
2942 classifications; probationary status of new patrol officers;
2943 subsistence; special assignments.—
2944 (3)
2945 (b) For the 2019-2020 2018-2019 fiscal year only, upon the
2946 request of the Governor, the Department of Highway Safety and
2947 Motor Vehicles shall assign one or more patrol officers to the
2948 office of the patrol officer shall be assigned to the Lieutenant
2949 Governor for security services. This paragraph expires July 1,
2950 2020 2019.
2951 (5) For the 2019-2020 2018-2019 fiscal year only, the
2952 assignment of a patrol officer by the department shall include a
2953 Cabinet member specified in s. 4, Art. IV of the State
2954 Constitution if deemed appropriate by the department or in
2955 response to a threat and upon written request of such Cabinet
2956 member. This subsection expires July 1, 2020 2019.
2957 Section 84. In order to implement Specific Appropriations
2958 2316 and 2316A of the 2019-2020 General Appropriations Act,
2959 subsection (3) of section 420.9079, Florida Statutes, is amended
2960 to read:
2961 420.9079 Local Government Housing Trust Fund.—
2962 (3) For the 2019-2020 2018-2019 fiscal year, funds may be
2963 used as provided in the General Appropriations Act. This
2964 subsection expires July 1, 2020 2019.
2965 Section 85. In order to implement Specific Appropriations
2966 2315, 2316, and 2316A of the 2019-2020 General Appropriations
2967 Act, subsection (2) of section 420.0005, Florida Statutes, is
2968 amended to read:
2969 420.0005 State Housing Trust Fund; State Housing Fund.—
2970 (2) For the 2019-2020 2018-2019 fiscal year, funds may be
2971 used as provided in the General Appropriations Act. This
2972 subsection expires July 1, 2020 2019.
2973 Section 86. In order to implement Specific Appropriations
2974 1939 through 1952, 1958 through 1961, 1974 through 1982, 1984
2975 through 1993, and 2033 through 2045 of the 2019-2020 General
2976 Appropriations Act, paragraph (g) of subsection (7) of section
2977 339.135, Florida Statutes, is amended to read:
2978 339.135 Work program; legislative budget request;
2979 definitions; preparation, adoption, execution, and amendment.—
2980 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
2981 (g)1. Any work program amendment which also requires the
2982 transfer of fixed capital outlay appropriations between
2983 categories within the department or the increase of an
2984 appropriation category is subject to the approval of the
2985 Legislative Budget Commission.
2986 2. If a meeting of the Legislative Budget Commission cannot
2987 be held within 30 days after the department submits an amendment
2988 to the Legislative Budget Commission, the chair and vice chair
2989 of the Legislative Budget Commission may authorize such
2990 amendment to be approved pursuant to s. 216.177. This
2991 subparagraph expires July 1, 2020.
2992 Section 87. In order to implement Specific Appropriation
2993 1975 of the 2019-2020 General Appropriations Act, subsection (8)
2994 is added to section 339.2818, Florida Statutes, to read:
2995 339.2818 Small County Outreach Program.—
2996 (8) Subject to a specific appropriation in addition to
2997 funds annually appropriated for projects under this section, a
2998 county or a municipality that is within a county designated in
2999 the Federal Emergency Management Agency disaster declaration DR
3000 4399 may compete for the additional project funding using the
3001 criteria listed in subsection (4) at up to 100 percent of
3002 project costs to repair damage due to Hurricane Michael,
3003 excluding capacity improvement projects. This subsection expires
3004 July 1, 2020.
3005 Section 88. In order to implement the salaries and
3006 benefits, expenses, other personal services, contracted
3007 services, special categories, and operating capital outlay
3008 categories of the 2019-2020 General Appropriations Act,
3009 paragraph (a) of subsection (2) of section 216.292, Florida
3010 Statutes, is amended to read:
3011 216.292 Appropriations nontransferable; exceptions.—
3012 (2) The following transfers are authorized to be made by
3013 the head of each department or the Chief Justice of the Supreme
3014 Court whenever it is deemed necessary by reason of changed
3015 conditions:
3016 (a) The transfer of appropriations funded from identical
3017 funding sources, except appropriations for fixed capital outlay,
3018 and the transfer of amounts included within the total original
3019 approved budget and plans of releases of appropriations as
3020 furnished pursuant to ss. 216.181 and 216.192, as follows:
3021 1. Between categories of appropriations within a budget
3022 entity, if no category of appropriation is increased or
3023 decreased by more than 5 percent of the original approved budget
3024 or $250,000, whichever is greater, by all action taken under
3025 this subsection.
3026 2. Between budget entities within identical categories of
3027 appropriations, if no category of appropriation is increased or
3028 decreased by more than 5 percent of the original approved budget
3029 or $250,000, whichever is greater, by all action taken under
3030 this subsection.
3031 3. Any agency exceeding salary rate established pursuant to
3032 s. 216.181(8) on June 30th of any fiscal year shall not be
3033 authorized to make transfers pursuant to subparagraphs 1. and 2.
3034 in the subsequent fiscal year.
3035 4. Notice of proposed transfers under subparagraphs 1. and
3036 2. shall be provided to the Executive Office of the Governor and
3037 the chairs of the legislative appropriations committees at least
3038 3 days prior to agency implementation in order to provide an
3039 opportunity for review. The review shall be limited to ensuring
3040 that the transfer is in compliance with the requirements of this
3041 paragraph.
3042 5. For the 2019-2020 2018-2019 fiscal year, the review
3043 shall ensure that transfers proposed pursuant to this paragraph
3044 comply with this chapter, maximize the use of available and
3045 appropriate trust funds, and are not contrary to legislative
3046 policy and intent. This subparagraph expires July 1, 2020 2019.
3047 Section 89. In order to implement section 8 of the 2019
3048 2020 General Appropriations Act, notwithstanding s.
3049 110.123(3)(f) and (j), Florida Statutes, the Department of
3050 Management Services shall maintain and offer the same PPO and
3051 HMO health plan alternatives to the participants of the State
3052 Group Health Insurance Program during the 2019-2020 fiscal year
3053 which were in effect for the 2018-2019 fiscal year. This section
3054 expires July 1, 2020.
3055 Section 90. In order to implement the appropriation of
3056 funds in the special categories, contracted services, and
3057 expenses categories of the 2019-2020 General Appropriations Act,
3058 a state agency may not initiate a competitive solicitation for a
3059 product or service if the completion of such competitive
3060 solicitation would:
3061 (1) Require a change in law; or
3062 (2) Require a change to the agency’s budget other than a
3063 transfer authorized in s. 216.292(2) or (3), Florida Statutes,
3064 unless the initiation of such competitive solicitation is
3065 specifically authorized in law, in the General Appropriations
3066 Act, or by the Legislative Budget Commission.
3067
3068 This section does not apply to a competitive solicitation for
3069 which the agency head certifies that a valid emergency exists.
3070 This section expires July 1, 2020.
3071 Section 91. In order to implement appropriations for
3072 salaries and benefits in the 2019-2020 General Appropriations
3073 Act, subsection (6) of section 112.24, Florida Statutes, is
3074 amended to read:
3075 112.24 Intergovernmental interchange of public employees.
3076 To encourage economical and effective utilization of public
3077 employees in this state, the temporary assignment of employees
3078 among agencies of government, both state and local, and
3079 including school districts and public institutions of higher
3080 education is authorized under terms and conditions set forth in
3081 this section. State agencies, municipalities, and political
3082 subdivisions are authorized to enter into employee interchange
3083 agreements with other state agencies, the Federal Government,
3084 another state, a municipality, or a political subdivision
3085 including a school district, or with a public institution of
3086 higher education. State agencies are also authorized to enter
3087 into employee interchange agreements with private institutions
3088 of higher education and other nonprofit organizations under the
3089 terms and conditions provided in this section. In addition, the
3090 Governor or the Governor and Cabinet may enter into employee
3091 interchange agreements with a state agency, the Federal
3092 Government, another state, a municipality, or a political
3093 subdivision including a school district, or with a public
3094 institution of higher learning to fill, subject to the
3095 requirements of chapter 20, appointive offices which are within
3096 the executive branch of government and which are filled by
3097 appointment by the Governor or the Governor and Cabinet. Under
3098 no circumstances shall employee interchange agreements be
3099 utilized for the purpose of assigning individuals to participate
3100 in political campaigns. Duties and responsibilities of
3101 interchange employees shall be limited to the mission and goals
3102 of the agencies of government.
3103 (6) For the 2019-2020 2018-2019 fiscal year only, the
3104 assignment of an employee of a state agency as provided in this
3105 section may be made if recommended by the Governor or Chief
3106 Justice, as appropriate, and approved by the chairs of the
3107 legislative appropriations committees. Such actions shall be
3108 deemed approved if neither chair provides written notice of
3109 objection within 14 days after receiving notice of the action
3110 pursuant to s. 216.177. This subsection expires July 1, 2020
3111 2019.
3112 Section 92. In order to implement Specific Appropriations
3113 2751 and 2752 of the 2019-2020 General Appropriations Act, and
3114 notwithstanding s. 11.13(1), Florida Statutes, the authorized
3115 salaries for members of the Legislature for the 2019-2020 fiscal
3116 year shall be set at the same level in effect on July 1, 2010.
3117 This section expires July 1, 2020.
3118 Section 93. In order to implement the transfer of funds to
3119 the General Revenue Fund from trust funds for the 2019-2020
3120 General Appropriations Act, and notwithstanding the expiration
3121 date in section 83 of chapter 2018-10, Laws of Florida,
3122 paragraph (b) of subsection (2) of section 215.32, Florida
3123 Statutes, is reenacted to read:
3124 215.32 State funds; segregation.—
3125 (2) The source and use of each of these funds shall be as
3126 follows:
3127 (b)1. The trust funds shall consist of moneys received by
3128 the state which under law or under trust agreement are
3129 segregated for a purpose authorized by law. The state agency or
3130 branch of state government receiving or collecting such moneys
3131 is responsible for their proper expenditure as provided by law.
3132 Upon the request of the state agency or branch of state
3133 government responsible for the administration of the trust fund,
3134 the Chief Financial Officer may establish accounts within the
3135 trust fund at a level considered necessary for proper
3136 accountability. Once an account is established, the Chief
3137 Financial Officer may authorize payment from that account only
3138 upon determining that there is sufficient cash and releases at
3139 the level of the account.
3140 2. In addition to other trust funds created by law, to the
3141 extent possible, each agency shall use the following trust funds
3142 as described in this subparagraph for day-to-day operations:
3143 a. Operations or operating trust fund, for use as a
3144 depository for funds to be used for program operations funded by
3145 program revenues, with the exception of administrative
3146 activities when the operations or operating trust fund is a
3147 proprietary fund.
3148 b. Operations and maintenance trust fund, for use as a
3149 depository for client services funded by third-party payors.
3150 c. Administrative trust fund, for use as a depository for
3151 funds to be used for management activities that are departmental
3152 in nature and funded by indirect cost earnings and assessments
3153 against trust funds. Proprietary funds are excluded from the
3154 requirement of using an administrative trust fund.
3155 d. Grants and donations trust fund, for use as a depository
3156 for funds to be used for allowable grant or donor agreement
3157 activities funded by restricted contractual revenue from private
3158 and public nonfederal sources.
3159 e. Agency working capital trust fund, for use as a
3160 depository for funds to be used pursuant to s. 216.272.
3161 f. Clearing funds trust fund, for use as a depository for
3162 funds to account for collections pending distribution to lawful
3163 recipients.
3164 g. Federal grant trust fund, for use as a depository for
3165 funds to be used for allowable grant activities funded by
3166 restricted program revenues from federal sources.
3167
3168 To the extent possible, each agency must adjust its internal
3169 accounting to use existing trust funds consistent with the
3170 requirements of this subparagraph. If an agency does not have
3171 trust funds listed in this subparagraph and cannot make such
3172 adjustment, the agency must recommend the creation of the
3173 necessary trust funds to the Legislature no later than the next
3174 scheduled review of the agency’s trust funds pursuant to s.
3175 215.3206.
3176 3. All such moneys are hereby appropriated to be expended
3177 in accordance with the law or trust agreement under which they
3178 were received, subject always to the provisions of chapter 216
3179 relating to the appropriation of funds and to the applicable
3180 laws relating to the deposit or expenditure of moneys in the
3181 State Treasury.
3182 4.a. Notwithstanding any provision of law restricting the
3183 use of trust funds to specific purposes, unappropriated cash
3184 balances from selected trust funds may be authorized by the
3185 Legislature for transfer to the Budget Stabilization Fund and
3186 General Revenue Fund in the General Appropriations Act.
3187 b. This subparagraph does not apply to trust funds required
3188 by federal programs or mandates; trust funds established for
3189 bond covenants, indentures, or resolutions whose revenues are
3190 legally pledged by the state or public body to meet debt service
3191 or other financial requirements of any debt obligations of the
3192 state or any public body; the Division of Licensing Trust Fund
3193 in the Department of Agriculture and Consumer Services; the
3194 State Transportation Trust Fund; the trust fund containing the
3195 net annual proceeds from the Florida Education Lotteries; the
3196 Florida Retirement System Trust Fund; trust funds under the
3197 management of the State Board of Education or the Board of
3198 Governors of the State University System, where such trust funds
3199 are for auxiliary enterprises, self-insurance, and contracts,
3200 grants, and donations, as those terms are defined by general
3201 law; trust funds that serve as clearing funds or accounts for
3202 the Chief Financial Officer or state agencies; trust funds that
3203 account for assets held by the state in a trustee capacity as an
3204 agent or fiduciary for individuals, private organizations, or
3205 other governmental units; and other trust funds authorized by
3206 the State Constitution.
3207 Section 94. The amendment to s. 215.32(2)(b), Florida
3208 Statutes, as carried forward from chapter 2011-47, Laws of
3209 Florida, by this act, expires July 1, 2020, and the text of that
3210 paragraph shall revert to that in existence on June 30, 2011,
3211 except that any amendments to such text enacted other than by
3212 this act shall be preserved and continue to operate to the
3213 extent that such amendments are not dependent upon the portions
3214 of text which expire pursuant to this section.
3215 Section 95. In order to implement appropriations in the
3216 2019-2020 General Appropriations Act for state employee travel,
3217 the funds appropriated to each state agency which may be used
3218 for travel by state employees are limited during the 2019-2020
3219 fiscal year to travel for activities that are critical to each
3220 state agency’s mission. Funds may not be used for travel by
3221 state employees to foreign countries, other states, conferences,
3222 staff training activities, or other administrative functions
3223 unless the agency head has approved, in writing, that such
3224 activities are critical to the agency’s mission. The agency head
3225 shall consider using teleconferencing and other forms of
3226 electronic communication to meet the needs of the proposed
3227 activity before approving mission-critical travel. This section
3228 does not apply to travel for law enforcement purposes, military
3229 purposes, emergency management activities, or public health
3230 activities. This section expires July 1, 2020.
3231 Section 96. In order to implement the appropriation of
3232 funds in the special categories, contracted services, and
3233 expenses categories of the 2019-2020 General Appropriations Act,
3234 a state agency may not enter into a contract containing a
3235 nondisclosure clause that prohibits the contractor from
3236 disclosing information relevant to the performance of the
3237 contract to members or staff of the Senate or the House of
3238 Representatives. This section expires July 1, 2020.
3239 Section 97. Any section of this act which implements a
3240 specific appropriation or specifically identified proviso
3241 language in the 2019-2020 General Appropriations Act is void if
3242 the specific appropriation or specifically identified proviso
3243 language is vetoed. Any section of this act which implements
3244 more than one specific appropriation or more than one portion of
3245 specifically identified proviso language in the 2019-2020
3246 General Appropriations Act is void if all the specific
3247 appropriations or portions of specifically identified proviso
3248 language are vetoed.
3249 Section 98. If any other act passed during the 2019 Regular
3250 Session of the Legislature contains a provision that is
3251 substantively the same as a provision in this act, but that
3252 removes or is otherwise not subject to the future repeal applied
3253 to such provision by this act, the Legislature intends that the
3254 provision in the other act takes precedence and continues to
3255 operate, notwithstanding the future repeal provided by this act.
3256 Section 99. If any provision of this act or its application
3257 to any person or circumstance is held invalid, the invalidity
3258 does not affect other provisions or applications of the act
3259 which can be given effect without the invalid provision or
3260 application, and to this end the provisions of this act are
3261 severable.
3262 Section 100. Except as otherwise expressly provided in this
3263 act and except for this section, which shall take effect upon
3264 this act becoming a law, this act shall take effect July 1,
3265 2019; or, if this act fails to become a law until after that
3266 date, it shall take effect upon becoming a law and shall operate
3267 retroactively to July 1, 2019.