Florida Senate - 2020                                    SB 2502
       
       
        
       By the Committee on Appropriations
       
       
       
       
       
       576-03109A-20                                         20202502__
    1                        A bill to be entitled                      
    2         An act implementing the 2020-2021 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. 1011.62, F.S.; conforming a provision
    9         regarding the virtual education contribution to
   10         reflect the Teacher Salary Increase Allocation;
   11         extending for 1 fiscal year provisions governing the
   12         funding compression allocation; suspending the Florida
   13         Best and Brightest Teacher and Principal Allocation
   14         for the 2020-2021 fiscal year; creating the Teacher
   15         Salary Increase Allocation; specifying the purpose of
   16         the allocation; prescribing the manner in which funds
   17         under the allocation may be provided and used;
   18         providing for the expiration and reversion of
   19         specified statutory text; amending ss. 1012.731 and
   20         1012.732, F.S.; suspending the Florida Best and
   21         Brightest Teacher Program and the Florida Best and
   22         Brightest Principal Program for the 2020-2021 fiscal
   23         year; amending s. 1013.62, F.S.; specifying the source
   24         of charter school capital outlay funding; providing
   25         that charter schools are ineligible to receive capital
   26         outlay funding unless the governing board chair and
   27         the school’s chief administrative officer provides an
   28         annual certification under oath; providing for the
   29         expiration and reversion of specified statutory text;
   30         creating s. 1004.6499, F.S.; establishing the Florida
   31         Institute of Politics at the Florida State University;
   32         providing the purpose and goals of the institute;
   33         incorporating by reference certain calculations for
   34         the Medicaid Disproportionate Share Hospital and
   35         Hospital Reimbursement programs; authorizing the
   36         Agency for Health Care Administration, in consultation
   37         with the Department of Health, to submit a budget
   38         amendment to realign funding for a component of the
   39         Children’s Medical Services program to reflect actual
   40         enrollment changes; specifying requirements for such
   41         realignment; authorizing the agency to request
   42         nonoperating budget authority for transferring certain
   43         federal funds to the Department of Health; reenacting
   44         s. 409.908(23), F.S., relating to the reimbursement of
   45         Medicaid providers; extending for 1 fiscal year
   46         provisions regarding reimbursement rates; providing
   47         for the expiration and reversion of specified
   48         statutory text; reenacting s. 409.908(26), F.S.,
   49         relating to the reimbursement of Medicaid providers;
   50         extending for 1 fiscal year a provision regarding the
   51         receipt of funds to be used for Low Income Pool
   52         Program payments; providing for the expiration and
   53         reversion of specified statutory text; amending s.
   54         409.904, F.S.; extending for 1 fiscal year a provision
   55         requiring the Agency for Health Care Administration to
   56         make payments to Medicaid-covered services; requiring
   57         the Agency for Health Care Administration, in
   58         consultation with the Department of Children and
   59         Families and certain other entities, to submit a
   60         report to the Governor and the Legislature by a
   61         specified date; specifying requirements for the
   62         report; reenacting s. 624.91(5)(b), F.S., relating to
   63         the Florida Healthy Kids Corporation; extending for 1
   64         fiscal year a provision requiring the corporation to
   65         validate the medical loss ratio and calculate a refund
   66         amount for insurers and providers of health care
   67         services who meet certain criteria; providing for the
   68         expiration and reversion of specified statutory text;
   69         amending s. 381.915, F.S.; revising limitations
   70         regarding a cancer center’s participation under Tier 3
   71         of the Florida Consortium of National Cancer Institute
   72         Centers Program and authorization for centers to
   73         pursue certain designations by the institute;
   74         providing for the expiration and reversion of
   75         specified statutory text; amending s. 893.055, F.S.;
   76         extending for 1 fiscal year a provision prohibiting
   77         the Attorney General and the Department of Health from
   78         using certain settlement agreement funds to administer
   79         the prescription drug monitoring program; amending s.
   80         409.911, F.S.; updating the average of audited
   81         disproportionate share data for purposes of
   82         calculating disproportionate share payments; extending
   83         for 1 fiscal year the requirement that the Agency for
   84         Health Care Administration distribute moneys to
   85         hospitals that provide a disproportionate share of
   86         Medicaid or charity care services, as provided in the
   87         General Appropriations Act; amending s. 409.9113,
   88         F.S.; extending for 1 fiscal year the requirement that
   89         the Agency for Health Care Administration make
   90         disproportionate share payments to teaching hospitals
   91         as provided in the General Appropriations Act;
   92         amending s. 409.9119, F.S.; extending for 1 fiscal
   93         year the requirement that the Agency for Health Care
   94         Administration make disproportionate share payments to
   95         certain specialty hospitals for children; authorizing
   96         the Agency for Health Care Administration to submit a
   97         budget amendment to realign Medicaid funding for
   98         specified purposes, subject to certain limitations;
   99         requiring the Agency for Health Care Administration to
  100         contract with an organization for the provision of
  101         elder care services in specified counties if certain
  102         conditions are met; specifying requirements for the
  103         program; authorizing the Agency for Health Care
  104         Administration and the Department of Health to each
  105         submit a budget amendment to realign funding within
  106         the Florida Kidcare program appropriation categories
  107         or increase budget authority for certain purposes;
  108         specifying the timeframe within which any such budget
  109         amendment must be submitted; amending s. 381.986,
  110         F.S.; exempting rules pertaining to the medical use of
  111         marijuana from certain rulemaking requirements;
  112         amending s. 381.988, F.S.; exempting rules pertaining
  113         to medical marijuana testing laboratories from certain
  114         rulemaking requirements; amending s. 14(1), chapter
  115         2017-232, Laws of Florida; exempting certain rules
  116         pertaining to medical marijuana adopted to replace
  117         emergency rules from specified rulemaking
  118         requirements; providing for the expiration and
  119         reversion of specified law; requiring the Agency for
  120         Health Care Administration to replace the Medicaid
  121         Enterprise System; specifying requirements for the
  122         replacement system; requiring the agency to take
  123         specified action; providing for the establishment of
  124         an executive steering committee to oversee
  125         implementation of the replacement system; providing
  126         for membership, meeting requirements, duties, and
  127         responsibilities of the steering committee;
  128         authorizing the Department of Children and Families to
  129         submit a budget amendment to realign funding for
  130         implementation of the Guardianship Assistance Program;
  131         requiring the Department of Children and Families to
  132         establish a formula for the distribution of funds to
  133         implement the Guardianship Assistance Program;
  134         amending s. 296.37, F.S.; extending for 1 fiscal year
  135         a provision specifying the monthly contribution to
  136         residents of a state veterans’ nursing home;
  137         authorizing the Department of Children and Families to
  138         submit a budget amendment to increase budget authority
  139         for the Supplemental Nutrition Assistance Program if
  140         certain conditions are met; authorizing the Department
  141         of Children and Families to su91bmit a budget
  142         amendment to realign funding within the Family Safety
  143         Program for specified purposes; amending s. 216.262,
  144         F.S.; extending for 1 fiscal year the authority of the
  145         Department of Corrections to submit a budget amendment
  146         for additional positions and appropriations under
  147         certain circumstances; amending s. 1011.80, F.S.;
  148         specifying the manner by which state funds for
  149         postsecondary workforce programs may be used for
  150         inmate education; providing for the expiration and
  151         reversion of specified statutory text; amending s.
  152         215.18, F.S.; extending for 1 fiscal year the
  153         authority and related repayment requirements for
  154         temporary trust fund loans to the state court system
  155         which are sufficient to meet the system’s
  156         appropriation; requiring the Department of Juvenile
  157         Justice to review county juvenile detention payments
  158         to determine whether a county has met specified
  159         financial responsibilities; requiring amounts owed by
  160         the county for such financial responsibilities to be
  161         deducted from certain county funds; requiring the
  162         Department of Revenue to transfer withheld funds to a
  163         specified trust fund; requiring the Department of
  164         Revenue to ensure that such reductions in amounts
  165         distributed do not reduce distributions below amounts
  166         necessary for certain payments due on bonds and to
  167         comply with bond covenants; requiring the Department
  168         of Revenue to notify the Department of Juvenile
  169         Justice if bond payment requirements mandate a
  170         reduction in deductions for amounts owed by a county;
  171         reenacting and amending s. 27.40, F.S., relating to
  172         court-appointed counsel; extending for 1 fiscal year
  173         provisions governing the appointment of court
  174         appointed counsel; establishing the Cross
  175         Jurisdictional Death Penalty Pilot Program within the
  176         Office of Criminal Conflict and Civil Regional Counsel
  177         of the Second Appellate District; specifying the
  178         manner of appointing counsel to indigent defendants
  179         who meet specified criteria; providing reporting
  180         requirements regarding the pilot program; specifying
  181         that repeal of the act does not terminate appointments
  182         of counsel made under the pilot program; reenacting
  183         and amending s. 27.5304, F.S., relating to private
  184         court-appointed counsel; extending for 1 fiscal year
  185         limitations on compensation for representation in
  186         criminal proceedings; providing for the expiration and
  187         reversion of specified statutory text; specifying that
  188         clerks of the circuit court are responsible for
  189         certain costs related to juries which exceed a certain
  190         funding level; reenacting s. 318.18(19)(c), F.S.,
  191         relating to penalty amounts for traffic infractions;
  192         extending for 1 fiscal year the redirection of
  193         revenues from the Public Defenders Revenue Trust Fund
  194         to the Indigent Criminal Defense Trust Fund;
  195         reenacting s. 817.568(12)(b), F.S., relating to the
  196         criminal use of personal identification information;
  197         extending for 1 fiscal year the redirection of
  198         revenues from the Public Defenders Revenue Trust Fund
  199         to the Indigent Criminal Defense Trust Fund; providing
  200         for the expiration and reversion of specified
  201         statutory text; requiring the Department of Management
  202         Services to use tenant broker services to renegotiate
  203         or reprocure certain private lease agreements for
  204         office or storage space; requiring the Department of
  205         Management Services to provide a report to the
  206         Governor and Legislature by a specified date;
  207         prohibiting an agency from transferring funds from a
  208         data processing category to another category that is
  209         not a data processing category; authorizing the
  210         Executive Office of the Governor to transfer funds
  211         appropriated for data processing assessment between
  212         departments for a specified purpose; authorizing the
  213         Executive Office of the Governor to transfer funds
  214         between departments for purposes of aligning amounts
  215         paid for risk management insurance and for human
  216         resources services; requiring the Department of
  217         Financial Services to replace specified components of
  218         the Florida Accounting Information Resource Subsystem
  219         (FLAIR) and the Cash Management Subsystem (CMS);
  220         specifying certain actions to be taken by the
  221         Department of Financial Services regarding FLAIR and
  222         CMS replacement; providing for the composition of an
  223         executive steering committee to oversee FLAIR and CMS
  224         replacement; prescribing duties and responsibilities
  225         of the executive steering committee; amending s.
  226         216.181, F.S.; extending for 1 fiscal year the
  227         authority for the Legislative Budget Commission to
  228         increase amounts appropriated to the Fish and Wildlife
  229         Conservation Commission or the Department of
  230         Environmental Protection for certain fixed capital
  231         outlay projects from specified sources; amending s.
  232         215.18, F.S.; extending for 1 fiscal year the
  233         authority of the Governor, if there is a specified
  234         temporary deficiency in a land acquisition trust fund
  235         in the Department of Agriculture and Consumer
  236         Services, the Department of Environmental Protection,
  237         the Department of State, or the Fish and Wildlife
  238         Conservation Commission, to transfer funds from other
  239         trust funds in the State Treasury as a temporary loan
  240         to such trust fund; providing a deadline for the
  241         repayment of a temporary loan; requiring the
  242         Department of Environmental Protection to transfer
  243         designated proportions of the revenues deposited in
  244         the Land Acquisition Trust Fund within the department
  245         to land acquisition trust funds in the Department of
  246         Agriculture and Consumer Services, the Department of
  247         State, and the Fish and Wildlife Conservation
  248         Commission according to specified parameters and
  249         calculations; defining the term “department”;
  250         requiring the Department of Environmental Protection
  251         to retain a proportionate share of revenues;
  252         specifying a limit on distributions; requiring the
  253         Department of Environmental Protection to make
  254         transfers to land acquisition trust funds; specifying
  255         the method of determining transfer amounts;
  256         authorizing the Department of Environmental Protection
  257         to advance funds from its land acquisition trust fund
  258         to the Fish and Wildlife Conservation Commission’s
  259         land acquisition trust fund for specified purposes;
  260         requiring the Department of Environmental Protection
  261         to prorate amounts transferred to the Fish and
  262         Wildlife Conservation Commission; amending s. 216.181,
  263         F.S.; extending for 1 fiscal year authorization for
  264         the Legislative Budget Commission to increase amounts
  265         appropriated to the Department of Environmental
  266         Protection for fixed capital outlay projects using
  267         specified funds; amending s. 570.441, F.S.; extending
  268         for 1 fiscal year a provision authorizing the
  269         Department of Agriculture and Consumer Services to use
  270         certain funds for purposes related to the Division of
  271         Agricultural Environmental Services; reenacting s.
  272         570.93(1)(a), F.S., relating to the agricultural water
  273         conservation program of the Department of Agriculture
  274         and Consumer Services; extending for 1 fiscal year
  275         provisions governing the cost-share program; providing
  276         for the expiration and reversion of specified
  277         statutory text; amending s. 259.105, F.S.; providing
  278         for the distribution of proceeds from the Florida
  279         Forever Trust Fund for the 2020-2021 fiscal year;
  280         amending s. 375.041, F.S.; specifying that certain
  281         funds for projects dedicated to restoring Lake Apopka
  282         shall be appropriated as provided in the General
  283         Appropriations Act; amending s. 321.04, F.S.;
  284         extending for 1 fiscal year a provision requiring the
  285         Department of Highway Safety and Motor Vehicles to
  286         assign one or more patrol officers to the office of
  287         Lieutenant Governor for security purposes, upon
  288         request of the Governor; extending for 1 fiscal year
  289         the requirement that the Department of Highway Safety
  290         and Motor Vehicles assign a patrol officer to a
  291         Cabinet member under certain circumstances; amending
  292         s. 420.9079, F.S.; authorizing funds in the Local
  293         Government Housing Trust Fund to be used as provided
  294         in the General Appropriations Act; amending s.
  295         420.0005, F.S.; authorizing certain funds related to
  296         state housing to be used as provided in the General
  297         Appropriations Act; amending s. 288.1226, F.S.;
  298         extending the scheduled repeal of the Florida Tourism
  299         Industry Marketing Corporation direct-support
  300         organization; amending s. 288.923, F.S.; extending the
  301         scheduled repeal of the Division of Tourism Marketing
  302         of Enterprise Florida, Inc.; amending s. 338.2278,
  303         F.S.; authorizing certain uncommitted funding for the
  304         Transportation Disadvantaged Trust Fund to be used as
  305         provided in the General Appropriations Act; amending
  306         s. 339.135, F.S.; extending for 1 fiscal year
  307         authorization for the chair and vice chair of the
  308         Legislative Budget Commission to approve the
  309         Department of Transportation’s budget amendment under
  310         specified circumstances; authorizing the chair and
  311         vice chair of the commission to approve certain budget
  312         amendments of the Department of Transportation if
  313         certain conditions are met; amending s. 112.061, F.S.;
  314         extending for 1 fiscal year authorization for the
  315         Lieutenant Governor to designate an alternative
  316         official headquarters, subject to certain limitations;
  317         amending s. 216.292, F.S.; extending for 1 fiscal year
  318         a provision prescribing requirements for the review of
  319         certain transfers of appropriations; requiring the
  320         Department of Management Services to maintain and
  321         offer the same health insurance options for
  322         participants of the state group health insurance
  323         program for the 2020-2021 fiscal year as for the
  324         preceding fiscal year; prohibiting a state agency from
  325         initiating a competitive solicitation for a product or
  326         service under certain circumstances; providing an
  327         exception; amending s. 112.24, F.S.; extending for 1
  328         fiscal year the authorization, subject to specified
  329         requirements, for the assignment of an employee of a
  330         state agency under an employee interchange agreement;
  331         providing that the annual salaries of the members of
  332         the Legislature be maintained at a specified level;
  333         reenacting s. 215.32(2)(b), F.S., relating to the
  334         source and use of certain trust funds; providing for
  335         the future expiration and reversion of statutory text;
  336         limiting the use of travel funds to activities that
  337         are critical to an agency’s mission; providing
  338         exceptions; placing a monetary cap on lodging expenses
  339         for state employee travel to certain meetings
  340         organized or sponsored by a state agency or the
  341         judicial branch; authorizing employees to expend their
  342         own funds for lodging expenses in excess of the
  343         monetary caps; prohibiting state agencies from
  344         entering into contracts containing certain
  345         nondisclosure agreements; providing conditions under
  346         which the veto of certain appropriations or proviso
  347         language in the General Appropriations Act voids
  348         language that implements such appropriations;
  349         providing for the continued operation of certain
  350         provisions notwithstanding a future repeal or
  351         expiration provided by the act; providing
  352         severability; providing effective dates.
  353          
  354  Be It Enacted by the Legislature of the State of Florida:
  355  
  356         Section 1. It is the intent of the Legislature that the
  357  implementing and administering provisions of this act apply to
  358  the General Appropriations Act for the 2020-2021 fiscal year.
  359         Section 2. In order to implement Specific Appropriations 8,
  360  9, 10, 92, and 93 of the 2020-2021 General Appropriations Act,
  361  the calculations of the Florida Education Finance Program for
  362  the 2020-2021 fiscal year included in the document titled
  363  “Public School Funding: The Florida Education Finance Program,”
  364  dated February 6, 2020, and filed with the Secretary of the
  365  Senate, are incorporated by reference for the purpose of
  366  displaying the calculations used by the Legislature, consistent
  367  with the requirements of state law, in making appropriations for
  368  the Florida Education Finance Program. This section expires July
  369  1, 2021.
  370         Section 3. In order to implement Specific Appropriations 8
  371  and 92 of the 2020-2021 General Appropriations Act, and
  372  notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
  373  1011.62(6)(b)3., and 1011.67, Florida Statutes, relating to the
  374  expenditure of funds provided for instructional materials, for
  375  the 2020-2021 fiscal year, funds provided for instructional
  376  materials shall be released and expended as required in the
  377  proviso language for Specific Appropriation 92 of the 2020-2021
  378  General Appropriations Act. This section expires July 1, 2021.
  379         Section 4. In order to implement Specific Appropriations 8
  380  and 92 of the 2020-2021 General Appropriations Act, subsections
  381  (11), (17), and (18) of section 1011.62, Florida Statutes, are
  382  amended, and subsection (22) is added to that section, to read:
  383         1011.62 Funds for operation of schools.—If the annual
  384  allocation from the Florida Education Finance Program to each
  385  district for operation of schools is not determined in the
  386  annual appropriations act or the substantive bill implementing
  387  the annual appropriations act, it shall be determined as
  388  follows:
  389         (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
  390  annually provide in the Florida Education Finance Program a
  391  virtual education contribution. The amount of the virtual
  392  education contribution shall be the difference between the
  393  amount per FTE established in the General Appropriations Act for
  394  virtual education and the amount per FTE for each district and
  395  the Florida Virtual School, which may be calculated by taking
  396  the sum of the base FEFP allocation, the discretionary local
  397  effort, the state-funded discretionary contribution, the
  398  discretionary millage compression supplement, the research-based
  399  reading instruction allocation, the best and brightest teacher
  400  and principal allocation, the teacher salary increase
  401  allocation, and the instructional materials allocation, and then
  402  dividing by the total unweighted FTE. This difference shall be
  403  multiplied by the virtual education unweighted FTE for programs
  404  and options identified in s. 1002.455 and the Florida Virtual
  405  School and its franchises to equal the virtual education
  406  contribution and shall be included as a separate allocation in
  407  the funding formula.
  408         (17) FUNDING COMPRESSION ALLOCATION.—The Legislature may
  409  provide an annual funding compression allocation in the General
  410  Appropriations Act. The allocation is created to provide
  411  additional funding to school districts and developmental
  412  research schools whose total funds per FTE in the prior year
  413  were less than the statewide average. Using the most recent
  414  prior year FEFP calculation for each eligible school district,
  415  the total funds per FTE shall be subtracted from the state
  416  average funds per FTE, not including any adjustments made
  417  pursuant to paragraph (19)(b). The resulting funds per FTE
  418  difference, or a portion thereof, as designated in the General
  419  Appropriations Act, shall then be multiplied by the school
  420  district’s total unweighted FTE to provide the allocation. If
  421  the calculated funds are greater than the amount included in the
  422  General Appropriations Act, they must be prorated to the
  423  appropriation amount based on each participating school
  424  district’s share. This subsection expires July 1, 2021 2020.
  425         (18) THE FLORIDA BEST AND BRIGHTEST TEACHER AND PRINCIPAL
  426  ALLOCATION.—
  427         (a) The Florida Best and Brightest Teacher and Principal
  428  Allocation is created to recruit, retain, and recognize
  429  classroom teachers and instructional personnel who meet the
  430  criteria established in s. 1012.731 and reward principals who
  431  meet the criteria established in s. 1012.732. Subject to annual
  432  appropriation, each school district shall receive an allocation
  433  based on the district’s proportionate share of FEFP base
  434  funding. The Legislature may specify a minimum allocation for
  435  all districts in the General Appropriations Act.
  436         (b) From the allocation, each district shall provide the
  437  following:
  438         1. A one-time recruitment award, as provided in s.
  439  1012.731(3)(a);
  440         2. A retention award, as provided in s. 1012.731(3)(b); and
  441         3. A recognition award, as provided in s. 1012.731(3)(c)
  442  from the remaining balance of the appropriation after the
  443  payment of all other awards authorized under ss. 1012.731 and
  444  1012.732.
  445         (c) From the allocation, each district shall provide
  446  eligible principals an award as provided in s. 1012.732(3).
  447  
  448  If a district’s calculated awards exceed the allocation, the
  449  district may prorate the awards.
  450         (d) The allocation authorized in this subsection is
  451  suspended for the 2020-2021 fiscal year and does not apply
  452  during such fiscal year. This paragraph expires July 1, 2021.
  453         (22) TEACHER SALARY INCREASE ALLOCATION.
  454         (a) The Teacher Salary Increase Allocation is created to
  455  increase teacher salaries and improve this state’s relative
  456  teacher salary position when compared with teacher salaries in
  457  other states.
  458         (b)Subject to annual appropriation, funds may be provided
  459  for each school district to increase the minimum base salary for
  460  full-time classroom teachers as defined in s. 1012.01(2)(a) or
  461  all instructional personnel as defined by s. 1012.01(2)(a)-(d),
  462  plus certified prekindergarten teachers, but not including
  463  substitute teachers, by no less than the amount designated in
  464  the General Appropriations Act. In addition, funds may also be
  465  provided in an amount designated in the General Appropriations
  466  Act for salary increases for all full-time instructional
  467  personnel as determined by the school board and the local
  468  bargaining unit.
  469         (c) Funds for this purpose shall be allocated on each
  470  district’s share of the base FEFP allocation. Funds for the
  471  minimum base salary increase may be provided in multiple years
  472  in order to achieve a particular salary goal. The minimum base
  473  salary is the base annual salary before payroll deductions and
  474  excluding additional compensation.
  475         (d) This subsection expires July 1, 2021.
  476         Section 5. The amendment to s. 1011.62(11), Florida
  477  Statutes, by this act, expires July 1, 2021, and the text of
  478  that subsection shall revert to that in existence on June 30,
  479  2020, except that any amendments to such text enacted other than
  480  by this act shall be preserved and continue to operate to the
  481  extent that such amendments are not dependent upon the portions
  482  of text which expire pursuant to this section.
  483         Section 6. In order to implement Specific Appropriations 8
  484  and 92 of the 2020-2021 General Appropriations Act, subsection
  485  (4) is added to section 1012.731, Florida Statutes, to read:
  486         1012.731 The Florida Best and Brightest Teacher Program.—
  487         (4) No awards may be made pursuant to this section and the
  488  operation of the program is suspended for the 2020-2021 fiscal
  489  year. This subsection expires July 1, 2021.
  490         Section 7. In order to implement Specific Appropriations 8
  491  and 92 of the 2020-2021 General Appropriations Act, subsection
  492  (4) is added to section 1012.732, Florida Statutes, to read:
  493         1012.732 The Florida Best and Brightest Principal Program.—
  494         (4) No awards may be made pursuant to this section and the
  495  operation of the program is suspended for the 2020-2021 fiscal
  496  year. This subsection expires July 1, 2021.
  497         Section 8. In order to implement Specific Appropriation 21
  498  of the 2020-2021 General Appropriations Act, subsection (1) of
  499  section 1013.62, Florida Statutes, is amended to read:
  500         1013.62 Charter schools capital outlay funding.—
  501         (1) For the 2020-2021 2018-2019 fiscal year, charter school
  502  capital outlay funding shall consist of state funds appropriated
  503  in the 2020-2021 2018-2019 General Appropriations Act. Beginning
  504  in fiscal year 2021-2022 2019-2020, charter school capital
  505  outlay funding shall consist of state funds when such funds are
  506  appropriated in the General Appropriations Act and revenue
  507  resulting from the discretionary millage authorized in s.
  508  1011.71(2) if the amount of state funds appropriated for charter
  509  school capital outlay in any fiscal year is less than the
  510  average charter school capital outlay funds per unweighted full
  511  time equivalent student for the 2018-2019 fiscal year,
  512  multiplied by the estimated number of charter school students
  513  for the applicable fiscal year, and adjusted by changes in the
  514  Consumer Price Index issued by the United States Department of
  515  Labor from the previous fiscal year. Nothing in this subsection
  516  prohibits a school district from distributing to charter schools
  517  funds resulting from the discretionary millage authorized in s.
  518  1011.71(2).
  519         (a) To be eligible to receive capital outlay funds, a
  520  charter school must:
  521         1.a. Have been in operation for 2 or more years;
  522         b. Be governed by a governing board established in the
  523  state for 2 or more years which operates both charter schools
  524  and conversion charter schools within the state;
  525         c. Be an expanded feeder chain of a charter school within
  526  the same school district that is currently receiving charter
  527  school capital outlay funds;
  528         d. Have been accredited by a regional accrediting
  529  association as defined by State Board of Education rule; or
  530         e. Serve students in facilities that are provided by a
  531  business partner for a charter school-in-the-workplace pursuant
  532  to s. 1002.33(15)(b).
  533         2. Have an annual audit that does not reveal any of the
  534  financial emergency conditions provided in s. 218.503(1) for the
  535  most recent fiscal year for which such audit results are
  536  available.
  537         3. Have satisfactory student achievement based on state
  538  accountability standards applicable to the charter school.
  539         4. Have received final approval from its sponsor pursuant
  540  to s. 1002.33 for operation during that fiscal year.
  541         5. Serve students in facilities that are not provided by
  542  the charter school’s sponsor.
  543         (b) A charter school is not eligible to receive capital
  544  outlay funds if it was created by the conversion of a public
  545  school and operates in facilities provided by the charter
  546  school’s sponsor for a nominal fee, or at no charge, or if it is
  547  directly or indirectly operated by the school district.
  548         (c) A charter school additionally is not eligible for a
  549  funding allocation unless the chair of the governing board and
  550  the chief administrative officer of the charter school annually
  551  certify under oath that the funds will be used solely and
  552  exclusively for constructing, renovating, leasing, purchasing,
  553  financing or improving charter school facilities that are:
  554         1. Owned by a school district, political subdivision of the
  555  state, municipality, Florida College System institution, or
  556  state university; or
  557         2. Owned by an organization, qualified as an exempt
  558  organization under s. 501(c)(3) of the Internal Revenue Code, or
  559  a tax support organization under s. 509 of the Internal Revenue
  560  Code, whose articles of incorporation specify that upon the
  561  organization’s dissolution, the subject property, subject to any
  562  indebtedness secured thereby and the satisfaction of the
  563  organizations other debts, will be transferred as indicated in
  564  the articles of incorporation to:
  565         a. Another such exempt organization, including one
  566  organized for educational purposes.
  567         b. A school district or other political subdivision of the
  568  state.
  569         c. A municipality.
  570         d. A Florida College System institution.
  571         e. A state university; or
  572         3. Owned by and leased from, at a fair market value, a
  573  person or entity that is not an affiliated party of the charter
  574  school. For purposes of this subparagraph, the term “affiliated
  575  party of the charter school” means the applicant for the charter
  576  school pursuant to s. 1002.33; the governing board of the
  577  charter school or a member of the governing board; the charter
  578  school principal; an individual employed by the charter school;
  579  or a relative, as defined in s. 1002.33(24)(a)2., of a charter
  580  school governing board member, a charter school principal or a
  581  charter school employee.
  582         Section 9. The amendments to s. 1013.62(1), Florida
  583  Statutes, by this act expire July 1, 2021, and the text of that
  584  subsection shall revert to that in existence on June 30, 2020,
  585  except that any amendments to such text enacted other than by
  586  this act shall be preserved and continue to operate to the
  587  extent that such amendments are not dependent upon the portions
  588  of text which expire pursuant to this section.
  589         Section 10. In order to implement Specific Appropriation
  590  150 of the 2020-2021 General Appropriations Act, section
  591  1004.6499, Florida Statutes, is created to read:
  592         1004.6499 Florida Institute of Politics.—
  593         (1) The Florida Institute of Politics is established at the
  594  Florida State University within the College of Social Sciences
  595  and Public Policy. The purpose of the institute is to provide
  596  the southeastern region of the United States with a world class,
  597  bipartisan, nationally-renowned institute of politics.
  598         (2) The goals of the institute are to:
  599         (a) Motivate students across the Florida State University
  600  to become aware of the significance of government and civic
  601  engagement at all levels and politics in general.
  602         (b)Provide students with an opportunity to be politically
  603  active and civically engaged.
  604         (c) Nurture a state of consciousness and passion for public
  605  service and politics.
  606         (d) Plan and host forums to allow students and guests to
  607  hear from and interact with experts from government, politics,
  608  policy, and journalism on a frequent basis.
  609         (e) Become a national and state resource on polling
  610  information and survey methodology.
  611         (f) Provide fellowships and internship opportunities to
  612  students in government, non-profit organizations, and community
  613  organizations.
  614         (g) Provide training sessions for newly elected state and
  615  local public officials.
  616         (h) Organize and sponsor conferences, symposia and
  617  workshops throughout Florida to educate and inform citizens,
  618  elected officials, and appointed policymakers regarding
  619  effective policymaking techniques and processes.
  620         (i) Create and promote research and awareness regarding
  621  politics, citizen involvement and public service.
  622         (j) Collaborate with related policy institutes and research
  623  activities at Florida State University and other institutions of
  624  higher education to motivate, increase and sustain citizen
  625  involvement in public affairs.
  626         (3) This section expires July 1, 2021.
  627         Section 11. In order to implement Specific Appropriations
  628  207, 208, 211, and 215 of the 2020-2021 General Appropriations
  629  Act, the calculations for the Medicaid Disproportionate Share
  630  Hospital and Hospital Reimbursement programs for the 2020-2021
  631  fiscal year contained in the document titled “Medicaid
  632  Disproportionate Share Hospital and Hospital Reimbursement
  633  Programs, Fiscal Year 2020-2021,” dated February 6, 2020, and
  634  filed with the Secretary of the Senate, are incorporated by
  635  reference for the purpose of displaying the calculations used by
  636  the Legislature, consistent with the requirements of state law,
  637  in making appropriations for the Medicaid Disproportionate Share
  638  Hospital and Hospital Reimbursement programs. This section
  639  expires July 1, 2021.
  640         Section 12. In order to implement Specific Appropriations
  641  201 through 228 and 526 of the 2020-2021 General Appropriations
  642  Act, and notwithstanding ss. 216.181 and 216.292, Florida
  643  Statutes, the Agency for Health Care Administration, in
  644  consultation with the Department of Health, may submit a budget
  645  amendment, subject to the notice, review, and objection
  646  procedures of s. 216.177, Florida Statutes, to realign funding
  647  within and between agencies based on implementation of the
  648  Managed Medical Assistance component of the Statewide Medicaid
  649  Managed Care program for the Children’s Medical Services program
  650  of the Department of Health. The funding realignment shall
  651  reflect the actual enrollment changes due to the transfer of
  652  beneficiaries from fee-for-service to the capitated Children’s
  653  Medical Services Network. The Agency for Health Care
  654  Administration may submit a request for nonoperating budget
  655  authority to transfer the federal funds to the Department of
  656  Health pursuant to s. 216.181(12), Florida Statutes. This
  657  section expires July 1, 2021.
  658         Section 13. In order to implement Specific Appropriations
  659  225 and 226 of the 2020-2021 General Appropriations Act, and
  660  notwithstanding the expiration date in section 19 of chapter
  661  2019-116, Laws of Florida, subsection (23) of section 409.908,
  662  Florida Statutes, is reenacted to read:
  663         409.908 Reimbursement of Medicaid providers.—Subject to
  664  specific appropriations, the agency shall reimburse Medicaid
  665  providers, in accordance with state and federal law, according
  666  to methodologies set forth in the rules of the agency and in
  667  policy manuals and handbooks incorporated by reference therein.
  668  These methodologies may include fee schedules, reimbursement
  669  methods based on cost reporting, negotiated fees, competitive
  670  bidding pursuant to s. 287.057, and other mechanisms the agency
  671  considers efficient and effective for purchasing services or
  672  goods on behalf of recipients. If a provider is reimbursed based
  673  on cost reporting and submits a cost report late and that cost
  674  report would have been used to set a lower reimbursement rate
  675  for a rate semester, then the provider’s rate for that semester
  676  shall be retroactively calculated using the new cost report, and
  677  full payment at the recalculated rate shall be effected
  678  retroactively. Medicare-granted extensions for filing cost
  679  reports, if applicable, shall also apply to Medicaid cost
  680  reports. Payment for Medicaid compensable services made on
  681  behalf of Medicaid eligible persons is subject to the
  682  availability of moneys and any limitations or directions
  683  provided for in the General Appropriations Act or chapter 216.
  684  Further, nothing in this section shall be construed to prevent
  685  or limit the agency from adjusting fees, reimbursement rates,
  686  lengths of stay, number of visits, or number of services, or
  687  making any other adjustments necessary to comply with the
  688  availability of moneys and any limitations or directions
  689  provided for in the General Appropriations Act, provided the
  690  adjustment is consistent with legislative intent.
  691         (23)(a) The agency shall establish rates at a level that
  692  ensures no increase in statewide expenditures resulting from a
  693  change in unit costs for county health departments effective
  694  July 1, 2011. Reimbursement rates shall be as provided in the
  695  General Appropriations Act.
  696         (b)1. Base rate reimbursement for inpatient services under
  697  a diagnosis-related group payment methodology shall be provided
  698  in the General Appropriations Act.
  699         2. Base rate reimbursement for outpatient services under an
  700  enhanced ambulatory payment group methodology shall be provided
  701  in the General Appropriations Act.
  702         3. Prospective payment system reimbursement for nursing
  703  home services shall be as provided in subsection (2) and in the
  704  General Appropriations Act.
  705         Section 14. The text of s. 409.908(23), Florida Statutes,
  706  as carried forward from chapter 2018-10, Laws of Florida, by
  707  this act, expires July 1, 2021, and the text of that subsection
  708  shall revert to that in existence on October 1, 2018, not
  709  including any amendments made by chapter 2018-10, Laws of
  710  Florida, except that any amendments to such text enacted other
  711  than by this act and chapters 2019-116 and 2018-10, Laws of
  712  Florida, shall be preserved and continue to operate to the
  713  extent that such amendments are not dependent upon the portions
  714  of text which expire pursuant to this section.
  715         Section 15. In order to implement Specific Appropriation
  716  209 of the 2020-2021 General Appropriations Act, and
  717  notwithstanding the expiration date in section 21 of chapter
  718  2019-116, Laws of Florida, subsection (26) of section 409.908,
  719  Florida Statutes, is reenacted to read:
  720         409.908 Reimbursement of Medicaid providers.—Subject to
  721  specific appropriations, the agency shall reimburse Medicaid
  722  providers, in accordance with state and federal law, according
  723  to methodologies set forth in the rules of the agency and in
  724  policy manuals and handbooks incorporated by reference therein.
  725  These methodologies may include fee schedules, reimbursement
  726  methods based on cost reporting, negotiated fees, competitive
  727  bidding pursuant to s. 287.057, and other mechanisms the agency
  728  considers efficient and effective for purchasing services or
  729  goods on behalf of recipients. If a provider is reimbursed based
  730  on cost reporting and submits a cost report late and that cost
  731  report would have been used to set a lower reimbursement rate
  732  for a rate semester, then the provider’s rate for that semester
  733  shall be retroactively calculated using the new cost report, and
  734  full payment at the recalculated rate shall be effected
  735  retroactively. Medicare-granted extensions for filing cost
  736  reports, if applicable, shall also apply to Medicaid cost
  737  reports. Payment for Medicaid compensable services made on
  738  behalf of Medicaid eligible persons is subject to the
  739  availability of moneys and any limitations or directions
  740  provided for in the General Appropriations Act or chapter 216.
  741  Further, nothing in this section shall be construed to prevent
  742  or limit the agency from adjusting fees, reimbursement rates,
  743  lengths of stay, number of visits, or number of services, or
  744  making any other adjustments necessary to comply with the
  745  availability of moneys and any limitations or directions
  746  provided for in the General Appropriations Act, provided the
  747  adjustment is consistent with legislative intent.
  748         (26) The agency may receive funds from state entities,
  749  including, but not limited to, the Department of Health, local
  750  governments, and other local political subdivisions, for the
  751  purpose of making special exception payments and Low Income Pool
  752  Program payments, including federal matching funds. Funds
  753  received for this purpose shall be separately accounted for and
  754  may not be commingled with other state or local funds in any
  755  manner. The agency may certify all local governmental funds used
  756  as state match under Title XIX of the Social Security Act to the
  757  extent and in the manner authorized under the General
  758  Appropriations Act and pursuant to an agreement between the
  759  agency and the local governmental entity. In order for the
  760  agency to certify such local governmental funds, a local
  761  governmental entity must submit a final, executed letter of
  762  agreement to the agency, which must be received by October 1 of
  763  each fiscal year and provide the total amount of local
  764  governmental funds authorized by the entity for that fiscal year
  765  under the General Appropriations Act. The local governmental
  766  entity shall use a certification form prescribed by the agency.
  767  At a minimum, the certification form must identify the amount
  768  being certified and describe the relationship between the
  769  certifying local governmental entity and the local health care
  770  provider. Local governmental funds outlined in the letters of
  771  agreement must be received by the agency no later than October
  772  31 of each fiscal year in which such funds are pledged, unless
  773  an alternative plan is specifically approved by the agency.
  774         Section 16. The text of s. 409.908(26), Florida Statutes,
  775  as carried forward from chapter 2019-116, Laws of Florida, by
  776  this act, expires July 1, 2021, and the text of that subsection
  777  shall revert to that in existence on June 30, 2019, except that
  778  any amendments to such text enacted other than by this act shall
  779  be preserved and continue to operate to the extent that such
  780  amendments are not dependent upon the portions of text which
  781  expire pursuant to this section.
  782         Section 17. In order to implement Specific Appropriations
  783  207, 211, 212, 214, 216, and 225 of the 2020-2021 General
  784  Appropriations Act, subsection (12) of section 409.904, Florida
  785  Statutes, is amended to read:
  786         409.904 Optional payments for eligible persons.—The agency
  787  may make payments for medical assistance and related services on
  788  behalf of the following persons who are determined to be
  789  eligible subject to the income, assets, and categorical
  790  eligibility tests set forth in federal and state law. Payment on
  791  behalf of these Medicaid eligible persons is subject to the
  792  availability of moneys and any limitations established by the
  793  General Appropriations Act or chapter 216.
  794         (12) Effective July 1, 2020 2019, the agency shall make
  795  payments to Medicaid-covered services:
  796         (a) For eligible children and pregnant women, retroactive
  797  for a period of no more than 90 days before the month in which
  798  an application for Medicaid is submitted.
  799         (b) For eligible nonpregnant adults, retroactive to the
  800  first day of the month in which an application for Medicaid is
  801  submitted.
  802  
  803  This subsection expires July 1, 2021 2020.
  804         Section 18. In order to implement Specific Appropriations
  805  207, 211, 212, 214, 216, and 225 of the 2020-2021 General
  806  Appropriations Act, by March 1, 2021, the Agency for Health Care
  807  Administration, in consultation with the Department of Children
  808  and Families, the Florida Hospital Association, the Safety Net
  809  Hospital Alliance of Florida, the Florida Health Care
  810  Association, and LeadingAge Florida, shall submit a report to
  811  the Governor, the President of the Senate, and the Speaker of
  812  the House of Representatives regarding the impact of the waiver
  813  of Medicaid retroactive eligibility on beneficiaries and
  814  providers. The report must include, but is not limited to:
  815         (1)The total unduplicated number of nonpregnant adults who
  816  applied for Medicaid at a hospital site from May 1, 2020,
  817  through January 31, 2021; and, of those applicants, the number
  818  whose Medicaid applications were approved, the number whose
  819  Medicaid applications were denied, and the reasons for denial
  820  ranked by frequency.
  821         (2)The total unduplicated number of nonpregnant adults who
  822  applied for Medicaid at a nursing home site from May 1, 2020,
  823  through January 31, 2021; and, of those applicants, the number
  824  whose Medicaid applications were approved, the number whose
  825  Medicaid applications were denied, and the reasons for denial
  826  ranked by frequency.
  827         (3)The estimated impact of medical debt on nonpregnant
  828  adults for whom a Medicaid application was not submitted in the
  829  same month when the individual became an inpatient of a hospital
  830  or a resident of a nursing home.
  831         (4)Additional recommendations to improve outreach and
  832  Medicaid coverage for nonpregnant adults who would be eligible
  833  for Medicaid if they applied before an event that requires
  834  hospital or nursing home care.
  835  
  836  This section expires July 1, 2021.
  837         Section 19. In order to implement Specific Appropriations
  838  181 through 184 of the 2020-2021 General Appropriations Act, and
  839  notwithstanding the expiration date in section 31 of chapter
  840  2019-116, Laws of Florida, paragraph (b) of subsection (5) of
  841  section 624.91, Florida Statutes, is reenacted to read:
  842         624.91 The Florida Healthy Kids Corporation Act.—
  843         (5) CORPORATION AUTHORIZATION, DUTIES, POWERS.—
  844         (b) The Florida Healthy Kids Corporation shall:
  845         1. Arrange for the collection of any family, local
  846  contributions, or employer payment or premium, in an amount to
  847  be determined by the board of directors, to provide for payment
  848  of premiums for comprehensive insurance coverage and for the
  849  actual or estimated administrative expenses.
  850         2. Arrange for the collection of any voluntary
  851  contributions to provide for payment of Florida Kidcare program
  852  premiums for children who are not eligible for medical
  853  assistance under Title XIX or Title XXI of the Social Security
  854  Act.
  855         3. Subject to the provisions of s. 409.8134, accept
  856  voluntary supplemental local match contributions that comply
  857  with the requirements of Title XXI of the Social Security Act
  858  for the purpose of providing additional Florida Kidcare coverage
  859  in contributing counties under Title XXI.
  860         4. Establish the administrative and accounting procedures
  861  for the operation of the corporation.
  862         5. Establish, with consultation from appropriate
  863  professional organizations, standards for preventive health
  864  services and providers and comprehensive insurance benefits
  865  appropriate to children, provided that such standards for rural
  866  areas shall not limit primary care providers to board-certified
  867  pediatricians.
  868         6. Determine eligibility for children seeking to
  869  participate in the Title XXI-funded components of the Florida
  870  Kidcare program consistent with the requirements specified in s.
  871  409.814, as well as the non-Title-XXI-eligible children as
  872  provided in subsection (3).
  873         7. Establish procedures under which providers of local
  874  match to, applicants to and participants in the program may have
  875  grievances reviewed by an impartial body and reported to the
  876  board of directors of the corporation.
  877         8. Establish participation criteria and, if appropriate,
  878  contract with an authorized insurer, health maintenance
  879  organization, or third-party administrator to provide
  880  administrative services to the corporation.
  881         9. Establish enrollment criteria that include penalties or
  882  waiting periods of 30 days for reinstatement of coverage upon
  883  voluntary cancellation for nonpayment of family premiums.
  884         10. Contract with authorized insurers or any provider of
  885  health care services, meeting standards established by the
  886  corporation, for the provision of comprehensive insurance
  887  coverage to participants. Such standards shall include criteria
  888  under which the corporation may contract with more than one
  889  provider of health care services in program sites. Health plans
  890  shall be selected through a competitive bid process. The Florida
  891  Healthy Kids Corporation shall purchase goods and services in
  892  the most cost-effective manner consistent with the delivery of
  893  quality medical care. The maximum administrative cost for a
  894  Florida Healthy Kids Corporation contract shall be 15 percent.
  895  For health care contracts, the minimum medical loss ratio for a
  896  Florida Healthy Kids Corporation contract shall be 85 percent.
  897  For dental contracts, the remaining compensation to be paid to
  898  the authorized insurer or provider under a Florida Healthy Kids
  899  Corporation contract shall be no less than an amount which is 85
  900  percent of premium; to the extent any contract provision does
  901  not provide for this minimum compensation, this section shall
  902  prevail. For an insurer or any provider of health care services
  903  which achieves an annual medical loss ratio below 85 percent,
  904  the Florida Healthy Kids Corporation shall validate the medical
  905  loss ratio and calculate an amount to be refunded by the insurer
  906  or any provider of health care services to the state which shall
  907  be deposited into the General Revenue Fund unallocated. The
  908  health plan selection criteria and scoring system, and the
  909  scoring results, shall be available upon request for inspection
  910  after the bids have been awarded.
  911         11. Establish disenrollment criteria in the event local
  912  matching funds are insufficient to cover enrollments.
  913         12. Develop and implement a plan to publicize the Florida
  914  Kidcare program, the eligibility requirements of the program,
  915  and the procedures for enrollment in the program and to maintain
  916  public awareness of the corporation and the program.
  917         13. Secure staff necessary to properly administer the
  918  corporation. Staff costs shall be funded from state and local
  919  matching funds and such other private or public funds as become
  920  available. The board of directors shall determine the number of
  921  staff members necessary to administer the corporation.
  922         14. In consultation with the partner agencies, provide a
  923  report on the Florida Kidcare program annually to the Governor,
  924  the Chief Financial Officer, the Commissioner of Education, the
  925  President of the Senate, the Speaker of the House of
  926  Representatives, and the Minority Leaders of the Senate and the
  927  House of Representatives.
  928         15. Provide information on a quarterly basis to the
  929  Legislature and the Governor which compares the costs and
  930  utilization of the full-pay enrolled population and the Title
  931  XXI-subsidized enrolled population in the Florida Kidcare
  932  program. The information, at a minimum, must include:
  933         a. The monthly enrollment and expenditure for full-pay
  934  enrollees in the Medikids and Florida Healthy Kids programs
  935  compared to the Title XXI-subsidized enrolled population; and
  936         b. The costs and utilization by service of the full-pay
  937  enrollees in the Medikids and Florida Healthy Kids programs and
  938  the Title XXI-subsidized enrolled population.
  939         16. Establish benefit packages that conform to the
  940  provisions of the Florida Kidcare program, as created in ss.
  941  409.810-409.821.
  942         Section 20. The text of s. 624.91(5)(b), Florida Statutes,
  943  as carried forward from chapter 2019-116, Laws of Florida, by
  944  this act, expires July 1, 2021, and the text of that paragraph
  945  shall revert to that in existence on June 30, 2019, except that
  946  any amendments to such text enacted other than by this act shall
  947  be preserved and continue to operate to the extent that such
  948  amendments are not dependent upon the portions of text which
  949  expire pursuant to this section.
  950         Section 21. In order to implement Specific Appropriation
  951  458 of the 2020-2021 General Appropriations Act, subsection (4)
  952  of section 381.915, Florida Statutes, is amended to read:
  953         381.915 Florida Consortium of National Cancer Institute
  954  Centers Program.—
  955         (4) Tier designations and corresponding weights within the
  956  Florida Consortium of National Cancer Institute Centers Program
  957  are as follows:
  958         (a) Tier 1: Florida-based NCI-designated comprehensive
  959  cancer centers, which shall be weighted at 1.5.
  960         (b) Tier 2: Florida-based NCI-designated cancer centers,
  961  which shall be weighted at 1.25.
  962         (c) Tier 3: Florida-based cancer centers seeking
  963  designation as either a NCI-designated cancer center or NCI
  964  designated comprehensive cancer center, which shall be weighted
  965  at 1.0.
  966         1. A cancer center shall meet the following minimum
  967  criteria to be considered eligible for Tier 3 designation in any
  968  given fiscal year:
  969         a. Conducting cancer-related basic scientific research and
  970  cancer-related population scientific research;
  971         b. Offering and providing the full range of diagnostic and
  972  treatment services on site, as determined by the Commission on
  973  Cancer of the American College of Surgeons;
  974         c. Hosting or conducting cancer-related interventional
  975  clinical trials that are registered with the NCI’s Clinical
  976  Trials Reporting Program;
  977         d. Offering degree-granting programs or affiliating with
  978  universities through degree-granting programs accredited or
  979  approved by a nationally recognized agency and offered through
  980  the center or through the center in conjunction with another
  981  institution accredited by the Commission on Colleges of the
  982  Southern Association of Colleges and Schools;
  983         e. Providing training to clinical trainees, medical
  984  trainees accredited by the Accreditation Council for Graduate
  985  Medical Education or the American Osteopathic Association, and
  986  postdoctoral fellows recently awarded a doctorate degree; and
  987         f. Having more than $5 million in annual direct costs
  988  associated with their total NCI peer-reviewed grant funding.
  989         2. The General Appropriations Act or accompanying
  990  legislation may limit the number of cancer centers which shall
  991  receive Tier 3 designations or provide additional criteria for
  992  such designation.
  993         3. A cancer center’s participation in Tier 3 may not extend
  994  beyond July 1, 2021 shall be limited to 6 years.
  995         4. A cancer center that qualifies as a designated Tier 3
  996  center under the criteria provided in subparagraph 1. by July 1,
  997  2014, is authorized to pursue NCI designation as a cancer center
  998  or a comprehensive cancer center until July 1, 2021 for 6 years
  999  after qualification.
 1000         Section 22. The amendments to s. 381.915(4), Florida
 1001  Statutes, by this act expire July 1, 2021, and the text of that
 1002  subsection shall revert to that in existence on June 30, 2020,
 1003  except that any amendments to such text enacted other than by
 1004  this act shall be preserved and continue to operate to the
 1005  extent that such amendments are not dependent upon the portions
 1006  of text which expire pursuant to this section.
 1007         Section 23. In order to implement Specific Appropriations
 1008  536, 537, 542, and 545 of the 2020-2021 General Appropriations
 1009  Act, subsection (17) of section 893.055, Florida Statutes, is
 1010  amended to read:
 1011         893.055 Prescription drug monitoring program.—
 1012         (17) For the 2020-2021 2019-2020 fiscal year only, neither
 1013  the Attorney General nor the department may use funds received
 1014  as part of a settlement agreement to administer the prescription
 1015  drug monitoring program. This subsection expires July 1, 2021
 1016  2020.
 1017         Section 24. In order to implement Specific Appropriation
 1018  208 of the 2020-2021 General Appropriations Act, subsections (2)
 1019  and (10) of section 409.911, Florida Statutes, are amended to
 1020  read:
 1021         409.911 Disproportionate share program.—Subject to specific
 1022  allocations established within the General Appropriations Act
 1023  and any limitations established pursuant to chapter 216, the
 1024  agency shall distribute, pursuant to this section, moneys to
 1025  hospitals providing a disproportionate share of Medicaid or
 1026  charity care services by making quarterly Medicaid payments as
 1027  required. Notwithstanding the provisions of s. 409.915, counties
 1028  are exempt from contributing toward the cost of this special
 1029  reimbursement for hospitals serving a disproportionate share of
 1030  low-income patients.
 1031         (2) The Agency for Health Care Administration shall use the
 1032  following actual audited data to determine the Medicaid days and
 1033  charity care to be used in calculating the disproportionate
 1034  share payment:
 1035         (a) The average of the 2012, 2013, and 2014 2011, 2012, and
 1036  2013 audited disproportionate share data to determine each
 1037  hospital’s Medicaid days and charity care for the 2020-2021
 1038  2019-2020 state fiscal year.
 1039         (b) If the Agency for Health Care Administration does not
 1040  have the prescribed 3 years of audited disproportionate share
 1041  data as noted in paragraph (a) for a hospital, the agency shall
 1042  use the average of the years of the audited disproportionate
 1043  share data as noted in paragraph (a) which is available.
 1044         (c) In accordance with s. 1923(b) of the Social Security
 1045  Act, a hospital with a Medicaid inpatient utilization rate
 1046  greater than one standard deviation above the statewide mean or
 1047  a hospital with a low-income utilization rate of 25 percent or
 1048  greater shall qualify for reimbursement.
 1049         (10) Notwithstanding any provision of this section to the
 1050  contrary, for the 2020-2021 2019-2020 state fiscal year, the
 1051  agency shall distribute moneys to hospitals providing a
 1052  disproportionate share of Medicaid or charity care services as
 1053  provided in the 2020-2021 2019-2020 General Appropriations Act.
 1054  This subsection expires July 1, 2021 2020.
 1055         Section 25. In order to implement Specific Appropriation
 1056  208 of the 2020-2021 General Appropriations Act, subsection (3)
 1057  of section 409.9113, Florida Statutes, is amended to read:
 1058         409.9113 Disproportionate share program for teaching
 1059  hospitals.—In addition to the payments made under s. 409.911,
 1060  the agency shall make disproportionate share payments to
 1061  teaching hospitals, as defined in s. 408.07, for their increased
 1062  costs associated with medical education programs and for
 1063  tertiary health care services provided to the indigent. This
 1064  system of payments must conform to federal requirements and
 1065  distribute funds in each fiscal year for which an appropriation
 1066  is made by making quarterly Medicaid payments. Notwithstanding
 1067  s. 409.915, counties are exempt from contributing toward the
 1068  cost of this special reimbursement for hospitals serving a
 1069  disproportionate share of low-income patients. The agency shall
 1070  distribute the moneys provided in the General Appropriations Act
 1071  to statutorily defined teaching hospitals and family practice
 1072  teaching hospitals, as defined in s. 395.805, pursuant to this
 1073  section. The funds provided for statutorily defined teaching
 1074  hospitals shall be distributed as provided in the General
 1075  Appropriations Act. The funds provided for family practice
 1076  teaching hospitals shall be distributed equally among family
 1077  practice teaching hospitals.
 1078         (3) Notwithstanding any provision of this section to the
 1079  contrary, for the 2020-2021 2019-2020 state fiscal year, the
 1080  agency shall make disproportionate share payments to teaching
 1081  hospitals, as defined in s. 408.07, as provided in the 2020-2021
 1082  2019-2020 General Appropriations Act. This subsection expires
 1083  July 1, 2021 2020.
 1084         Section 26. In order to implement Specific Appropriation
 1085  208 of the 2020-2021 General Appropriations Act, subsection (4)
 1086  of section 409.9119, Florida Statutes, is amended to read:
 1087         409.9119 Disproportionate share program for specialty
 1088  hospitals for children.—In addition to the payments made under
 1089  s. 409.911, the Agency for Health Care Administration shall
 1090  develop and implement a system under which disproportionate
 1091  share payments are made to those hospitals that are separately
 1092  licensed by the state as specialty hospitals for children, have
 1093  a federal Centers for Medicare and Medicaid Services
 1094  certification number in the 3300-3399 range, have Medicaid days
 1095  that exceed 55 percent of their total days and Medicare days
 1096  that are less than 5 percent of their total days, and were
 1097  licensed on January 1, 2013, as specialty hospitals for
 1098  children. This system of payments must conform to federal
 1099  requirements and must distribute funds in each fiscal year for
 1100  which an appropriation is made by making quarterly Medicaid
 1101  payments. Notwithstanding s. 409.915, counties are exempt from
 1102  contributing toward the cost of this special reimbursement for
 1103  hospitals that serve a disproportionate share of low-income
 1104  patients. The agency may make disproportionate share payments to
 1105  specialty hospitals for children as provided for in the General
 1106  Appropriations Act.
 1107         (4) Notwithstanding any provision of this section to the
 1108  contrary, for the 2020-2021 2019-2020 state fiscal year, for
 1109  hospitals achieving full compliance under subsection (3), the
 1110  agency shall make disproportionate share payments to specialty
 1111  hospitals for children as provided in the 2020-2021 2019-2020
 1112  General Appropriations Act. This subsection expires July 1, 2021
 1113  2020.
 1114         Section 27. In order to implement Specific Appropriations
 1115  201 through 228 of the 2020-2021 General Appropriations Act, and
 1116  notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
 1117  Agency for Health Care Administration may submit a budget
 1118  amendment, subject to the notice, review, and objection
 1119  procedures of s. 216.177, Florida Statutes, to realign funding
 1120  within the Medicaid program appropriation categories to address
 1121  projected surpluses and deficits within the program and to
 1122  maximize the use of state trust funds. A single budget amendment
 1123  shall be submitted in the last quarter of the 2020-2021 fiscal
 1124  year only. This section expires July 1, 2021.
 1125         Section 28. In order to implement Specific Appropriation
 1126  406 of the 2020-2021 General Appropriations Act, and subject to
 1127  federal approval of the application to be a site for the Program
 1128  of All-Inclusive Care for the Elderly, the Agency for Health
 1129  Care Administration shall contract with one private health care
 1130  organization, the sole member of which is a private, not-for
 1131  profit corporation that owns and manages health care
 1132  organizations that provide comprehensive long-term care
 1133  services, including nursing home, assisted living, independent
 1134  housing, home care, adult day care, and care management. This
 1135  organization shall provide these services to frail and elderly
 1136  persons who reside in Escambia, Okaloosa, and Santa Rosa
 1137  Counties. The organization is exempt from the requirements of
 1138  chapter 641, Florida Statutes. The agency, in consultation with
 1139  the Department of Elderly Affairs and subject to an
 1140  appropriation, shall approve up to 200 initial enrollees in the
 1141  Program of All-Inclusive Care for the Elderly established by
 1142  this organization to serve elderly persons who reside in
 1143  Escambia, Okaloosa, and Santa Rosa Counties. This section
 1144  expires July 1, 2021.
 1145         Section 29. In order to implement Specific Appropriations
 1146  181 through 186 and 526 of the 2020-2021 General Appropriations
 1147  Act, and notwithstanding ss. 216.181 and 216.292, Florida
 1148  Statutes, the Agency for Health Care Administration and the
 1149  Department of Health may each submit a budget amendment, subject
 1150  to the notice, review, and objection procedures of s. 216.177,
 1151  Florida Statutes, to realign funding within the Florida Kidcare
 1152  program appropriation categories, or to increase budget
 1153  authority in the Children’s Medical Services Network category,
 1154  to address projected surpluses and deficits within the program
 1155  or to maximize the use of state trust funds. A single budget
 1156  amendment must be submitted by each agency in the last quarter
 1157  of the 2020-2021 fiscal year only. This section expires July 1,
 1158  2021.
 1159         Section 30. In order to implement Specific Appropriations
 1160  468 through 470, 475, and 482 of the 2020-2021 General
 1161  Appropriations Act, subsection (17) of section 381.986, Florida
 1162  Statutes, is amended to read:
 1163         381.986 Medical use of marijuana.—
 1164         (17) Rules adopted pursuant to this section before July 1,
 1165  2021 2020, are not subject to ss. 120.54(3)(b) and 120.541.
 1166  Notwithstanding paragraph (8)(e), a medical marijuana treatment
 1167  center may use a laboratory that has not been certified by the
 1168  department under s. 381.988 until such time as at least one
 1169  laboratory holds the required certification pursuant to s.
 1170  381.988, but in no event later than July 1, 2021 2020. This
 1171  subsection expires July 1, 2021 2020.
 1172         Section 31. In order to implement Specific Appropriations
 1173  468 through 470, 475, and 482 of the 2020-2021 General
 1174  Appropriations Act, subsection (11) of section 381.988, Florida
 1175  Statutes, is amended to read:
 1176         381.988 Medical marijuana testing laboratories; marijuana
 1177  tests conducted by a certified laboratory.—
 1178         (11) Rules adopted under subsection (9) before July 1, 2021
 1179  2020, are not subject to ss. 120.54(3)(b) and 120.541. This
 1180  subsection expires July 1, 2021 2020.
 1181         Section 32. Effective July 1, 2020, upon the expiration and
 1182  reversion of the amendments made to subsection (1) of section 14
 1183  of chapter 2017-232, Laws of Florida, pursuant to section 42 of
 1184  chapter 2019-116, Laws of Florida, and in order to implement
 1185  Specific Appropriations 468 through 470, 475, and 482 of the
 1186  2020-2021 General Appropriations Act, subsection (1) of section
 1187  14 of chapter 2017-232, Laws of Florida, is amended to read:
 1188         Section 14. Department of Health; authority to adopt rules;
 1189  cause of action.—
 1190         (1) EMERGENCY RULEMAKING.—
 1191         (a) The Department of Health and the applicable boards
 1192  shall adopt emergency rules pursuant to s. 120.54(4), Florida
 1193  Statutes, and this section necessary to implement ss. 381.986
 1194  and 381.988, Florida Statutes. If an emergency rule adopted
 1195  under this section is held to be unconstitutional or an invalid
 1196  exercise of delegated legislative authority, and becomes void,
 1197  the department or the applicable boards may adopt an emergency
 1198  rule pursuant to this section to replace the rule that has
 1199  become void. If the emergency rule adopted to replace the void
 1200  emergency rule is also held to be unconstitutional or an invalid
 1201  exercise of delegated legislative authority and becomes void,
 1202  the department and the applicable boards must follow the
 1203  nonemergency rulemaking procedures of the Administrative
 1204  Procedures Act to replace the rule that has become void.
 1205         (b) For emergency rules adopted under this section, the
 1206  department and the applicable boards need not make the findings
 1207  required by s. 120.54(4)(a), Florida Statutes. Emergency rules
 1208  adopted under this section are exempt from ss. 120.54(3)(b) and
 1209  120.541, Florida Statutes. The department and the applicable
 1210  boards shall meet the procedural requirements in s. 120.54(4)(a)
 1211  s. 120.54(a), Florida Statutes, if the department or the
 1212  applicable boards have, before July 1, 2019 the effective date
 1213  of this act, held any public workshops or hearings on the
 1214  subject matter of the emergency rules adopted under this
 1215  subsection. Challenges to emergency rules adopted under this
 1216  subsection are subject to the time schedules provided in s.
 1217  120.56(5), Florida Statutes.
 1218         (c) Emergency rules adopted under this section are exempt
 1219  from s. 120.54(4)(c), Florida Statutes, and shall remain in
 1220  effect until replaced by rules adopted under the nonemergency
 1221  rulemaking procedures of the Administrative Procedures Act.
 1222  Rules adopted under the nonemergency rulemaking procedures of
 1223  the Administrative Procedures Act to replace emergency rules
 1224  adopted under this section are exempt from ss. 120.54(3)(b) and
 1225  120.541, Florida Statutes. By July 1, 2021 January 1, 2018, the
 1226  department and the applicable boards shall initiate nonemergency
 1227  rulemaking pursuant to the Administrative Procedures Act to
 1228  replace all emergency rules adopted under this section by
 1229  publishing a notice of rule development in the Florida
 1230  Administrative Register. Except as provided in paragraph (a),
 1231  after July 1, 2021 January 1, 2018, the department and
 1232  applicable boards may not adopt rules pursuant to the emergency
 1233  rulemaking procedures provided in this section.
 1234         Section 33. The amendment to s. 14(1) of chapter 2017-232,
 1235  Laws of Florida, by this act expires July 1, 2021, and the text
 1236  of that subsection shall revert to that in existence on June 30,
 1237  2019, except that any amendments to such text enacted other than
 1238  by this act shall be preserved and continue to operate to the
 1239  extent that such amendments are not dependent upon the portions
 1240  of text which expire pursuant to this section.
 1241         Section 34. In order to implement Specific Appropriation
 1242  195 of the 2020-2021 General Appropriations Act, and
 1243  notwithstanding s. 409.902(3)-(8), Florida Statutes:
 1244         (1) The Agency for Health Care Administration shall replace
 1245  the Medicaid Enterprise System (MES), which includes the Florida
 1246  Medicaid Management Information System (FMMIS), enrollment
 1247  broker system, third-party liability functionality, pharmacy
 1248  benefits management, fraud and abuse case tracking, prior
 1249  authorization, home health electronic visit verification, and
 1250  the Health Quality Assurance licensure system, with an
 1251  integrated enterprise system consisting of a new integration
 1252  platform, data warehouse, and modules for Provider Management,
 1253  Case Management, and Recipient Enrollment and Management. The
 1254  new system, the Florida Health Care Connection (FX) system, must
 1255  provide better integration with subsystems supporting Florida’s
 1256  Medicaid program; uniformity, consistency, and improved access
 1257  to data; and compatibility with the Centers for Medicare and
 1258  Medicaid Services’ Medicaid Information Technology Architecture
 1259  (MITA) as the system matures and expands its functionality.
 1260         (2) For purposes of replacing MES, the Agency for Health
 1261  Care Administration shall:
 1262         (a)Comply with and not exceed the Centers for Medicare and
 1263  Medicaid Services funding authorizations for the FX system.
 1264         (b) Ensure compliance and uniformity with published MITA
 1265  framework and guidelines.
 1266         (c) Ensure that all business requirements and technical
 1267  specifications have been provided to the state’s health and
 1268  human services agencies for their review and input, and are
 1269  approved by the executive steering committee established in
 1270  paragraph (e), before the agency contracts for implementation or
 1271  system development of new modules for the FX system.
 1272         (d) Ensure the new FX system is compatible with and will
 1273  seamlessly integrate financial and fiscal information into the
 1274  state’s new planning, accounting, and ledger management system,
 1275  PALM.
 1276         (e) Implement a project governance structure that includes
 1277  an executive steering committee composed of:
 1278         1. The Secretary of Health Care Administration, or the
 1279  executive sponsor of the project.
 1280         2. A representative of the Division of Health Quality
 1281  Assurance of the Agency for Health Care Administration,
 1282  appointed by the Secretary of Health Care Administration.
 1283         3.A representative of the Florida Center for Health
 1284  Information and Transparency of the Agency for Health Care
 1285  Administration, appointed by the Secretary of Health Care
 1286  Administration.
 1287         4. A representative of the Division of Information
 1288  Technology of the Agency for Health Care Administration,
 1289  appointed by the Secretary of Health Care Administration.
 1290         5. A representative of the Division of Operations of the
 1291  Agency for Health Care Administration, appointed by the
 1292  Secretary of Health Care Administration.
 1293         6. Two employees from the Division of Medicaid of the
 1294  Agency for Health Care Administration, appointed by the
 1295  Secretary of Health Care Administration.
 1296         7. The Assistant Secretary for Child Welfare of the
 1297  Department of Children and Families, or his or her designee.
 1298         8. The Assistant Secretary for Economic Self-Sufficiency of
 1299  the Department of Children and Families, or his or her designee.
 1300         9. The Deputy Secretary for Children’s Medical Services of
 1301  the Department of Health, or his or her designee.
 1302         10. A representative of the Agency for Persons with
 1303  Disabilities who has experience with the preparation and
 1304  submission of waivers to the Centers for Medicare and Medicaid
 1305  Services, appointed by the director of the Agency for Persons
 1306  with Disabilities.
 1307         11. A representative for the Department of Elderly Affairs
 1308  who has experience with the Medicaid Program within that
 1309  department, appointed by the Secretary of Elderly Affairs.
 1310         12. A representative for the Department of Corrections who
 1311  has experience Medicaid reporting within that department,
 1312  appointed by the Secretary of Corrections.
 1313         13. A representative for the Medicaid Fraud Control Unit
 1314  within the Office of the Attorney General, appointed by the
 1315  Attorney General.
 1316         14. A representative of the Department of Financial
 1317  Services who has experience with the state’s financial processes
 1318  including development of the PALM system, appointed by the Chief
 1319  Financial Officer.
 1320         (3) The Secretary of Health Care Administration or the
 1321  executive sponsor of the project shall serve as chair of the
 1322  executive steering committee, and the committee shall take
 1323  action by a vote of at least 10 affirmative votes with the chair
 1324  voting on the prevailing side. A quorum of the executive
 1325  steering committee consists of at least 11 members.
 1326         (4) The executive steering committee has the overall
 1327  responsibility for ensuring that the project to replace MES
 1328  meets its primary business objectives and shall:
 1329         (a) Identify and recommend to the Executive Office of the
 1330  Governor, the President of the Senate, and the Speaker of the
 1331  House of Representatives any statutory changes needed to
 1332  standardize the data collection and reporting for the state’s
 1333  Medicaid program.
 1334         (b)Review and approve any changes to the project’s scope,
 1335  schedule, and budget which do not conflict with the requirements
 1336  of subsection (1).
 1337         (c) Ensure that adequate resources are provided throughout
 1338  all phases of the project.
 1339         (d) Approve all major project deliverables.
 1340         (e) Approve all solicitation-related documents associated
 1341  with the replacement of MES.
 1342         (5)This section expires July 1, 2021.
 1343         Section 35. In order to implement Specific Appropriations
 1344  330, 332, 361, and 362 of the 2020-2021 General Appropriations
 1345  Act, and notwithstanding ss. 216.181 and 216.292, Florida
 1346  Statutes, the Department of Children and Families may submit a
 1347  budget amendment, subject to the notice, review, and objection
 1348  procedures of s. 216.177, Florida Statutes, to realign funding
 1349  within the department based on the implementation of the
 1350  Guardianship Assistance Program, between and among the specific
 1351  appropriations for guardianship assistance payments, foster care
 1352  Level 1 room and board payments, relative caregiver payments,
 1353  and nonrelative caregiver payments. This section expires July 1,
 1354  2021.
 1355         Section 36. In order to implement Specific Appropriations
 1356  330 and 332 of the 2020-2021 General Appropriations Act, the
 1357  Department of Children and Families shall establish a formula to
 1358  distribute the recurring sums of $10,597,824 from the General
 1359  Revenue Fund and $11,922,238 from the Federal Grants Trust Fund
 1360  for actual and direct costs to implement the Guardianship
 1361  Assistance Program, including Level 1 foster care board
 1362  payments, licensing staff for community-based care lead
 1363  agencies, and guardianship assistance payments. This section
 1364  expires July 1, 2021.
 1365         Section 37. In order to implement Specific Appropriations
 1366  554 through 560 and 562 of the 2020-2021 General Appropriations
 1367  Act, subsection (3) of section 296.37, Florida Statutes, is
 1368  amended to read:
 1369         296.37 Residents; contribution to support.—
 1370         (3) Notwithstanding subsection (1), each resident of the
 1371  home who receives a pension, compensation, or gratuity from the
 1372  United States Government, or income from any other source, of
 1373  more than $130 per month shall contribute to his or her
 1374  maintenance and support while a resident of the home in
 1375  accordance with a payment schedule determined by the
 1376  administrator and approved by the director. The total amount of
 1377  such contributions shall be to the fullest extent possible, but,
 1378  in no case, shall exceed the actual cost of operating and
 1379  maintaining the home. This subsection expires July 1, 2021 2020.
 1380         Section 38. In order to implement Specific Appropriations
 1381  353 and 354 of the 2020-2021 General Appropriations Act, and
 1382  notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
 1383  Department of Children and Families may submit a budget
 1384  amendment, subject to the notice, review, and objection
 1385  procedures of s. 216.177, Florida Statutes, to increase budget
 1386  authority for the Supplemental Nutrition Assistance Program if
 1387  additional federal revenue specific to the program becomes
 1388  available for the program in the 2020-2021 fiscal year. This
 1389  section expires July 1, 2021.
 1390         Section 39. In order to implement Specific Appropriations
 1391  312 through 315, 319, 320, 323, 328, 330, and 332 of the 2020
 1392  2021 General Appropriations Act, and notwithstanding ss. 216.181
 1393  and 216.292, Florida Statutes, the Department of Children and
 1394  Families may submit a budget amendment, subject to the notice,
 1395  review, and objection procedures of s. 216.177, Florida
 1396  Statutes, to realign funding within the Family Safety Program to
 1397  maximize the use of Title IV-E and other federal funds. This
 1398  section expires July 1, 2021.
 1399         Section 40. In order to implement Specific Appropriations
 1400  582 through 673 and 685 through 720 of the 2020-2021 General
 1401  Appropriations Act, subsection (4) of section 216.262, Florida
 1402  Statutes, is amended to read:
 1403         216.262 Authorized positions.—
 1404         (4) Notwithstanding the provisions of this chapter relating
 1405  to increasing the number of authorized positions, and for the
 1406  2020-2021 2019-2020 fiscal year only, if the actual inmate
 1407  population of the Department of Corrections exceeds the inmate
 1408  population projections of the December 17, 2019 February 22,
 1409  2019, Criminal Justice Estimating Conference by 1 percent for 2
 1410  consecutive months or 2 percent for any month, the Executive
 1411  Office of the Governor, with the approval of the Legislative
 1412  Budget Commission, shall immediately notify the Criminal Justice
 1413  Estimating Conference, which shall convene as soon as possible
 1414  to revise the estimates. The Department of Corrections may then
 1415  submit a budget amendment requesting the establishment of
 1416  positions in excess of the number authorized by the Legislature
 1417  and additional appropriations from unallocated general revenue
 1418  sufficient to provide for essential staff, fixed capital
 1419  improvements, and other resources to provide classification,
 1420  security, food services, health services, and other variable
 1421  expenses within the institutions to accommodate the estimated
 1422  increase in the inmate population. All actions taken pursuant to
 1423  this subsection are subject to review and approval by the
 1424  Legislative Budget Commission. This subsection expires July 1,
 1425  2021 2020.
 1426         Section 41. In order to implement Specific Appropriation
 1427  707 of the 2020-2021 General Appropriations Act, and upon the
 1428  expiration and reversion of the amendments made by section 52 of
 1429  chapter 2019-116, Laws of Florida, paragraph (b) of subsection
 1430  (8) of section 1011.80, Florida Statutes, is amended to read:
 1431         1011.80 Funds for operation of workforce education
 1432  programs.—
 1433         (8)
 1434         (b) State funds provided for the operation of postsecondary
 1435  workforce programs may not be expended for the education of
 1436  state or federal inmates, except to the extent that such funds
 1437  are specifically appropriated for such purpose in the 2020-2021
 1438  General Appropriations Act with more than 24 months of time
 1439  remaining to serve on their sentences or federal inmates.
 1440         Section 42. The amendment made to s. 1011.80(8)(b), Florida
 1441  Statutes, by this act expires July 1, 2021, and the text of that
 1442  paragraph shall revert to that in existence on July 1, 2019, but
 1443  not including any amendments made by this act or chapters 2019
 1444  116 and 2018-10, Laws of Florida, and any amendments to such
 1445  text enacted other than by this act shall be preserved and
 1446  continue to operate to the extent that such amendments are not
 1447  dependent upon the portions of text which expire pursuant to
 1448  this section.
 1449         Section 43. In order to implement Specific Appropriations
 1450  3187 through 3253 of the 2020-2021 General Appropriations Act,
 1451  subsection (2) of section 215.18, Florida Statutes, is amended
 1452  to read:
 1453         215.18 Transfers between funds; limitation.—
 1454         (2) The Chief Justice of the Supreme Court may receive one
 1455  or more trust fund loans to ensure that the state court system
 1456  has funds sufficient to meet its appropriations in the 2020-2021
 1457  2019-2020 General Appropriations Act. If the Chief Justice
 1458  accesses the loan, he or she must notify the Governor and the
 1459  chairs of the legislative appropriations committees in writing.
 1460  The loan must come from other funds in the State Treasury which
 1461  are for the time being or otherwise in excess of the amounts
 1462  necessary to meet the just requirements of such last-mentioned
 1463  funds. The Governor shall order the transfer of funds within 5
 1464  days after the written notification from the Chief Justice. If
 1465  the Governor does not order the transfer, the Chief Financial
 1466  Officer shall transfer the requested funds. The loan of funds
 1467  from which any money is temporarily transferred must be repaid
 1468  by the end of the 2020-2021 2019-2020 fiscal year. This
 1469  subsection expires July 1, 2021 2020.
 1470         Section 44. (1)In order to implement Specific
 1471  Appropriations 1120 through 1131 of the 2020-2021 General
 1472  Appropriations Act, the Department of Juvenile Justice is
 1473  required to review county juvenile detention payments to ensure
 1474  that counties fulfill their financial responsibilities required
 1475  in s. 985.6865, Florida Statutes. If the Department of Juvenile
 1476  Justice determines that a county has not met its obligations,
 1477  the department shall direct the Department of Revenue to deduct
 1478  the amount owed to the Department of Juvenile Justice from the
 1479  funds provided to the county under s. 218.23, Florida Statutes.
 1480  The Department of Revenue shall transfer the funds withheld to
 1481  the Shared County/State Juvenile Detention Trust Fund.
 1482         (2)As an assurance to holders of bonds issued by counties
 1483  before July 1, 2020, for which distributions made pursuant to s.
 1484  218.23, Florida Statutes, are pledged, or bonds issued to refund
 1485  such bonds which mature no later than the bonds they refunded
 1486  and which result in a reduction of debt service payable in each
 1487  fiscal year, the amount available for distribution to a county
 1488  shall remain as provided by law and continue to be subject to
 1489  any lien or claim on behalf of the bondholders. The Department
 1490  of Revenue must ensure, based on information provided by an
 1491  affected county, that any reduction in amounts distributed
 1492  pursuant to subsection (1) does not reduce the amount of
 1493  distribution to a county below the amount necessary for the
 1494  timely payment of principal and interest when due on the bonds
 1495  and the amount necessary to comply with any covenant under the
 1496  bond resolution or other documents relating to the issuance of
 1497  the bonds. If a reduction to a county’s monthly distribution
 1498  must be decreased in order to comply with this section, the
 1499  Department of Revenue must notify the Department of Juvenile
 1500  Justice of the amount of the decrease, and the Department of
 1501  Juvenile Justice must send a bill for payment of such amount to
 1502  the affected county.
 1503         (3)This section expires July 1, 2021.
 1504         Section 45. In order to implement Specific Appropriations
 1505  731 through 752, 916 through 1062, and 1083 through 1119 of the
 1506  2020-2021 General Appropriations Act, and notwithstanding the
 1507  expiration date in section 57 of chapter 2019-116, Laws of
 1508  Florida, present subsection (11) of section 27.40, Florida
 1509  Statutes is renumbered as subsection (12), a new subsection (11)
 1510  is added to that section, and subsection (1), paragraph (a) of
 1511  subsection (2), paragraph (a) of subsection (3), and subsections
 1512  (5), (6), and (7) of that section are reenacted, to read:
 1513         27.40 Court-appointed counsel; circuit registries; minimum
 1514  requirements; appointment by court.—
 1515         (1) Counsel shall be appointed to represent any individual
 1516  in a criminal or civil proceeding entitled to court-appointed
 1517  counsel under the Federal or State Constitution or as authorized
 1518  by general law. The court shall appoint a public defender to
 1519  represent indigent persons as authorized in s. 27.51. The office
 1520  of criminal conflict and civil regional counsel shall be
 1521  appointed to represent persons in those cases in which provision
 1522  is made for court-appointed counsel, but only after the public
 1523  defender has certified to the court in writing that the public
 1524  defender is unable to provide representation due to a conflict
 1525  of interest or is not authorized to provide representation. The
 1526  public defender shall report, in the aggregate, the specific
 1527  basis of all conflicts of interest certified to the court. On a
 1528  quarterly basis, the public defender shall submit this
 1529  information to the Justice Administrative Commission.
 1530         (2)(a) Private counsel shall be appointed to represent
 1531  persons in those cases in which provision is made for court
 1532  appointed counsel but only after the office of criminal conflict
 1533  and civil regional counsel has been appointed and has certified
 1534  to the court in writing that the criminal conflict and civil
 1535  regional counsel is unable to provide representation due to a
 1536  conflict of interest. The criminal conflict and civil regional
 1537  counsel shall report, in the aggregate, the specific basis of
 1538  all conflicts of interest certified to the court. On a quarterly
 1539  basis, the criminal conflict and civil regional counsel shall
 1540  submit this information to the Justice Administrative
 1541  Commission.
 1542         (3) In using a registry:
 1543         (a) The chief judge of the circuit shall compile a list of
 1544  attorneys in private practice, by county and by category of
 1545  cases, and provide the list to the clerk of court in each
 1546  county. The chief judge of the circuit may restrict the number
 1547  of attorneys on the general registry list. To be included on a
 1548  registry, an attorney must certify that he or she:
 1549         1. Meets any minimum requirements established by the chief
 1550  judge and by general law for court appointment;
 1551         2. Is available to represent indigent defendants in cases
 1552  requiring court appointment of private counsel; and
 1553         3. Is willing to abide by the terms of the contract for
 1554  services, s. 27.5304, and this section.
 1555  
 1556  To be included on a registry, an attorney must enter into a
 1557  contract for services with the Justice Administrative
 1558  Commission. Failure to comply with the terms of the contract for
 1559  services may result in termination of the contract and removal
 1560  from the registry. Each attorney on the registry is responsible
 1561  for notifying the clerk of the court and the Justice
 1562  Administrative Commission of any change in his or her status.
 1563  Failure to comply with this requirement is cause for termination
 1564  of the contract for services and removal from the registry until
 1565  the requirement is fulfilled.
 1566         (5) The Justice Administrative Commission shall approve
 1567  uniform contract forms for use in procuring the services of
 1568  private court-appointed counsel and uniform procedures and forms
 1569  for use by a court-appointed attorney in support of billing for
 1570  attorney’s fees, costs, and related expenses to demonstrate the
 1571  attorney’s completion of specified duties. Such uniform
 1572  contracts and forms for use in billing must be consistent with
 1573  s. 27.5304, s. 216.311, and the General Appropriations Act and
 1574  must contain the following statement: “The State of Florida’s
 1575  performance and obligation to pay under this contract is
 1576  contingent upon an annual appropriation by the Legislature.”
 1577         (6) After court appointment, the attorney must immediately
 1578  file a notice of appearance with the court indicating acceptance
 1579  of the appointment to represent the defendant and of the terms
 1580  of the uniform contract as specified in subsection (5).
 1581         (7)(a) A private attorney appointed by the court from the
 1582  registry to represent a client is entitled to payment as
 1583  provided in s. 27.5304 so long as the requirements of subsection
 1584  (1) and paragraph (2)(a) are met. An attorney appointed by the
 1585  court who is not on the registry list may be compensated under
 1586  s. 27.5304 only if the court finds in the order of appointment
 1587  that there were no registry attorneys available for
 1588  representation for that case and only if the requirements of
 1589  subsection (1) and paragraph (2)(a) are met.
 1590         (b)1. The flat fee established in s. 27.5304 and the
 1591  General Appropriations Act shall be presumed by the court to be
 1592  sufficient compensation. The attorney shall maintain appropriate
 1593  documentation, including contemporaneous and detailed hourly
 1594  accounting of time spent representing the client. If the
 1595  attorney fails to maintain such contemporaneous and detailed
 1596  hourly records, the attorney waives the right to seek
 1597  compensation in excess of the flat fee established in s. 27.5304
 1598  and the General Appropriations Act. These records and documents
 1599  are subject to review by the Justice Administrative Commission
 1600  and audit by the Auditor General, subject to the attorney-client
 1601  privilege and work-product privilege. The attorney shall
 1602  maintain the records and documents in a manner that enables the
 1603  attorney to redact any information subject to a privilege in
 1604  order to facilitate the commission’s review of the records and
 1605  documents and not to impede such review. The attorney may redact
 1606  information from the records and documents only to the extent
 1607  necessary to comply with the privilege. The Justice
 1608  Administrative Commission shall review such records and shall
 1609  contemporaneously document such review before authorizing
 1610  payment to an attorney. Objections by or on behalf of the
 1611  Justice Administrative Commission to records or documents or to
 1612  claims for payment by the attorney shall be presumed correct by
 1613  the court unless the court determines, in writing, that
 1614  competent and substantial evidence exists to justify overcoming
 1615  the presumption.
 1616         2. If an attorney fails, refuses, or declines to permit the
 1617  commission or the Auditor General to review documentation for a
 1618  case as provided in this paragraph, the attorney waives the
 1619  right to seek, and the commission may not pay, compensation in
 1620  excess of the flat fee established in s. 27.5304 and the General
 1621  Appropriations Act for that case.
 1622         3. A finding by the commission that an attorney has waived
 1623  the right to seek compensation in excess of the flat fee
 1624  established in s. 27.5304 and the General Appropriations Act, as
 1625  provided in this paragraph, shall be presumed to be correct,
 1626  unless the court determines, in writing, that competent and
 1627  substantial evidence exists to justify overcoming the
 1628  presumption.
 1629         (11)(a) The Cross-Jurisdictional Death Penalty Pilot
 1630  Program is established within the Office of Criminal Conflict
 1631  and Civil Regional Counsel of the Second Appellate District.
 1632         (b) If the public defender for the Fifth Judicial Circuit
 1633  or the Ninth Judicial Circuit is unable to provide
 1634  representation to an indigent defendant charged with a crime
 1635  under s. 782.04(1) or s. 790.161(4) to which the provisions of
 1636  s. 921.141 apply due to a conflict of interest and the Criminal
 1637  Conflict and Civil Regional Counsel of the Fifth Appellate
 1638  District is also unable to provide representation for an
 1639  indigent defendant due to a conflict of interest, the Criminal
 1640  Conflict and Civil Regional Counsel of the Second Appellate
 1641  District shall be appointed. If the Criminal Conflict and Civil
 1642  Regional Counsel of the Second Appellate District is unable to
 1643  provide representation to an indigent defendant due to a
 1644  conflict of interest, private counsel shall be appointed as
 1645  provided pursuant to this chapter.
 1646         (c) The Office of Criminal Conflict and Civil Regional
 1647  Counsel of the Second Appellate District shall provide a report
 1648  on the implementation of the Cross-Jurisdictional Death Penalty
 1649  Pilot Program to the Governor and the chairs of the
 1650  appropriations committees of the Senate and House of
 1651  Representatives no later than 30 days after the end of each
 1652  calendar quarter. The reports must include the number of cases
 1653  retained, the number of cases conflicted, the estimated cost
 1654  savings of the program, and any recommendations to improve the
 1655  program. The Justice Administrative Commission shall provide
 1656  data to assist with the program.
 1657         (d) This subsection expires June 30, 2021. Notwithstanding
 1658  the expiration of this subsection, appointments made pursuant to
 1659  this section before June 30, 2021, shall continue until
 1660  completion of the case.
 1661         Section 46. In order to implement Specific Appropriations
 1662  731 through 752, 916 through 1062, and 1083 through 1119 of the
 1663  2020-2021 General Appropriations Act, and notwithstanding the
 1664  expiration date in section 59 of chapter 2019-116, Laws of
 1665  Florida, subsections (1), (3), (7), and (11), and paragraphs (a)
 1666  through (e) of subsection (12) of section 27.5304, Florida
 1667  Statutes, are reenacted, and subsection (13) of that section is
 1668  amended, to read:
 1669         27.5304 Private court-appointed counsel; compensation;
 1670  notice.—
 1671         (1) Private court-appointed counsel appointed in the manner
 1672  prescribed in s. 27.40(1) and (2)(a) shall be compensated by the
 1673  Justice Administrative Commission only as provided in this
 1674  section and the General Appropriations Act. The flat fees
 1675  prescribed in this section are limitations on compensation. The
 1676  specific flat fee amounts for compensation shall be established
 1677  annually in the General Appropriations Act. The attorney also
 1678  shall be reimbursed for reasonable and necessary expenses in
 1679  accordance with s. 29.007. If the attorney is representing a
 1680  defendant charged with more than one offense in the same case,
 1681  the attorney shall be compensated at the rate provided for the
 1682  most serious offense for which he or she represented the
 1683  defendant. This section does not allow stacking of the fee
 1684  limits established by this section.
 1685         (3) The court retains primary authority and responsibility
 1686  for determining the reasonableness of all billings for attorney
 1687  fees, costs, and related expenses, subject to statutory
 1688  limitations and the requirements of s. 27.40(7). Private court
 1689  appointed counsel is entitled to compensation upon final
 1690  disposition of a case.
 1691         (7) Counsel eligible to receive compensation from the state
 1692  for representation pursuant to court appointment made in
 1693  accordance with the requirements of s. 27.40(1) and (2)(a) in a
 1694  proceeding under chapter 384, chapter 390, chapter 392, chapter
 1695  393, chapter 394, chapter 397, chapter 415, chapter 743, chapter
 1696  744, or chapter 984 shall receive compensation not to exceed the
 1697  limits prescribed in the General Appropriations Act. Any such
 1698  compensation must be determined as provided in s. 27.40(7).
 1699         (11) It is the intent of the Legislature that the flat fees
 1700  prescribed under this section and the General Appropriations Act
 1701  comprise the full and complete compensation for private court
 1702  appointed counsel. It is further the intent of the Legislature
 1703  that the fees in this section are prescribed for the purpose of
 1704  providing counsel with notice of the limit on the amount of
 1705  compensation for representation in particular proceedings and
 1706  the sole procedure and requirements for obtaining payment for
 1707  the same.
 1708         (a) If court-appointed counsel moves to withdraw prior to
 1709  the full performance of his or her duties through the completion
 1710  of the case, the court shall presume that the attorney is not
 1711  entitled to the payment of the full flat fee established under
 1712  this section and the General Appropriations Act.
 1713         (b) If court-appointed counsel is allowed to withdraw from
 1714  representation prior to the full performance of his or her
 1715  duties through the completion of the case and the court appoints
 1716  a subsequent attorney, the total compensation for the initial
 1717  and any and all subsequent attorneys may not exceed the flat fee
 1718  established under this section and the General Appropriations
 1719  Act, except as provided in subsection (12).
 1720  
 1721  This subsection constitutes notice to any subsequently appointed
 1722  attorney that he or she will not be compensated the full flat
 1723  fee.
 1724         (12) The Legislature recognizes that on rare occasions an
 1725  attorney may receive a case that requires extraordinary and
 1726  unusual effort.
 1727         (a) If counsel seeks compensation that exceeds the limits
 1728  prescribed by law, he or she must file a motion with the chief
 1729  judge for an order approving payment of attorney fees in excess
 1730  of these limits.
 1731         1. Before filing the motion, the counsel shall deliver a
 1732  copy of the intended billing, together with supporting
 1733  affidavits and all other necessary documentation, to the Justice
 1734  Administrative Commission.
 1735         2. The Justice Administrative Commission shall review the
 1736  billings, affidavit, and documentation for completeness and
 1737  compliance with contractual and statutory requirements and shall
 1738  contemporaneously document such review before authorizing
 1739  payment to an attorney. If the Justice Administrative Commission
 1740  objects to any portion of the proposed billing, the objection
 1741  and supporting reasons must be communicated in writing to the
 1742  private court-appointed counsel. The counsel may thereafter file
 1743  his or her motion, which must specify whether the commission
 1744  objects to any portion of the billing or the sufficiency of
 1745  documentation, and shall attach the commission’s letter stating
 1746  its objection.
 1747         (b) Following receipt of the motion to exceed the fee
 1748  limits, the chief judge or a single designee shall hold an
 1749  evidentiary hearing. The chief judge may select only one judge
 1750  per circuit to hear and determine motions pursuant to this
 1751  subsection, except multicounty circuits and the eleventh circuit
 1752  may have up to two designees.
 1753         1. At the hearing, the attorney seeking compensation must
 1754  prove by competent and substantial evidence that the case
 1755  required extraordinary and unusual efforts. The chief judge or
 1756  single designee shall consider criteria such as the number of
 1757  witnesses, the complexity of the factual and legal issues, and
 1758  the length of trial. The fact that a trial was conducted in a
 1759  case does not, by itself, constitute competent substantial
 1760  evidence of an extraordinary and unusual effort. In a criminal
 1761  case, relief under this section may not be granted if the number
 1762  of work hours does not exceed 75 or the number of the state’s
 1763  witnesses deposed does not exceed 20.
 1764         2. Objections by or on behalf of the Justice Administrative
 1765  Commission to records or documents or to claims for payment by
 1766  the attorney shall be presumed correct by the court unless the
 1767  court determines, in writing, that competent and substantial
 1768  evidence exists to justify overcoming the presumption. The chief
 1769  judge or single designee shall enter a written order detailing
 1770  his or her findings and identifying the extraordinary nature of
 1771  the time and efforts of the attorney in the case which warrant
 1772  exceeding the flat fee established by this section and the
 1773  General Appropriations Act.
 1774         (c) A copy of the motion and attachments shall be served on
 1775  the Justice Administrative Commission at least 20 business days
 1776  before the date of a hearing. The Justice Administrative
 1777  Commission has standing to appear before the court, and may
 1778  appear in person or telephonically, including at the hearing
 1779  under paragraph (b), to contest any motion for an order
 1780  approving payment of attorney fees, costs, or related expenses
 1781  and may participate in a hearing on the motion by use of
 1782  telephonic or other communication equipment. The Justice
 1783  Administrative Commission may contract with other public or
 1784  private entities or individuals to appear before the court for
 1785  the purpose of contesting any motion for an order approving
 1786  payment of attorney fees, costs, or related expenses. The fact
 1787  that the Justice Administrative Commission has not objected to
 1788  any portion of the billing or to the sufficiency of the
 1789  documentation is not binding on the court.
 1790         (d) If the chief judge or a single designee finds that
 1791  counsel has proved by competent and substantial evidence that
 1792  the case required extraordinary and unusual efforts, the chief
 1793  judge or single designee shall order the compensation to be paid
 1794  to the attorney at a percentage above the flat fee rate,
 1795  depending on the extent of the unusual and extraordinary effort
 1796  required. The percentage must be only the rate necessary to
 1797  ensure that the fees paid are not confiscatory under common law.
 1798  The percentage may not exceed 200 percent of the established
 1799  flat fee, absent a specific finding that 200 percent of the flat
 1800  fee in the case would be confiscatory. If the chief judge or
 1801  single designee determines that 200 percent of the flat fee
 1802  would be confiscatory, he or she shall order the amount of
 1803  compensation using an hourly rate not to exceed $75 per hour for
 1804  a noncapital case and $100 per hour for a capital case. However,
 1805  the compensation calculated by using the hourly rate shall be
 1806  only that amount necessary to ensure that the total fees paid
 1807  are not confiscatory, subject to the requirements of s.
 1808  27.40(7).
 1809         (e) Any order granting relief under this subsection must be
 1810  attached to the final request for a payment submitted to the
 1811  Justice Administrative Commission and must satisfy the
 1812  requirements of subparagraph (b)2.
 1813         (13) Notwithstanding the limitation set forth in subsection
 1814  (5) and for the 2020-2021 2019-2020 fiscal year only, the
 1815  compensation for representation in a criminal proceeding may not
 1816  exceed the following:
 1817         (a) For misdemeanors and juveniles represented at the trial
 1818  level: $1,000.
 1819         (b) For noncapital, nonlife felonies represented at the
 1820  trial level: $15,000.
 1821         (c) For life felonies represented at the trial level:
 1822  $15,000.
 1823         (d) For capital cases represented at the trial level:
 1824  $25,000. For purposes of this paragraph, a “capital case” is any
 1825  offense for which the potential sentence is death and the state
 1826  has not waived seeking the death penalty.
 1827         (e) For representation on appeal: $9,000.
 1828         (f) This subsection expires July 1, 2021 2020.
 1829         Section 47. The amendments to s. 27.40(1), (2)(a), (3)(a),
 1830  (5), (6), and (7), Florida Statutes, and 27.5304(1), (3), (7),
 1831  (11), and (12)(a)-(e), Florida Statutes, as carried forward from
 1832  chapter 2019-116, Laws of Florida, by this act, expire July 1,
 1833  2021, and the text of those subsections and paragraphs, as
 1834  applicable, shall revert to that in existence on June 30, 2019,
 1835  except that any amendments to such text enacted other than by
 1836  this act shall be preserved and continue to operate to the
 1837  extent that such amendments are not dependent upon the portions
 1838  of text which expire pursuant to this section.
 1839         Section 48. In order to implement Specific Appropriation
 1840  736 of the 2020-2021 General Appropriations Act, and
 1841  notwithstanding s. 28.35, Florida Statutes, the clerks of the
 1842  circuit court are responsible for any costs of compensation to
 1843  jurors, for meals or lodging provided to jurors, and for jury
 1844  related personnel costs that exceed the funding provided in the
 1845  General Appropriations Act for these purposes. This section
 1846  expires July 1, 2021.
 1847         Section 49. In order to implement Specific Appropriations
 1848  916 through 1062 of the 2020-2021 General Appropriations Act,
 1849  and notwithstanding the expiration date in section 63 of chapter
 1850  2019-116, Laws of Florida, paragraph (c) of subsection (19) of
 1851  section 318.18, Florida Statutes, is reenacted to read:
 1852         318.18 Amount of penalties.—The penalties required for a
 1853  noncriminal disposition pursuant to s. 318.14 or a criminal
 1854  offense listed in s. 318.17 are as follows:
 1855         (19) In addition to any penalties imposed, an Article V
 1856  assessment of $10 must be paid for all noncriminal moving and
 1857  nonmoving violations under chapters 316, 320, and 322. The
 1858  assessment is not revenue for purposes of s. 28.36 and may not
 1859  be used in establishing the budget of the clerk of the court
 1860  under that section or s. 28.35. Of the funds collected under
 1861  this subsection:
 1862         (c) The sum of $1.67 shall be deposited in the Indigent
 1863  Criminal Defense Trust Fund for use by the public defenders.
 1864         Section 50. In order to implement Specific Appropriations
 1865  916 through 1062 of the 2020-2021 General Appropriations Act,
 1866  and notwithstanding the expiration date in section 63 of chapter
 1867  2019-116, Laws of Florida, paragraph (b) of subsection (12) of
 1868  section 817.568, Florida Statutes, is reenacted to read:
 1869         817.568 Criminal use of personal identification
 1870  information.—
 1871         (12) In addition to any sanction imposed when a person
 1872  pleads guilty or nolo contendere to, or is found guilty of,
 1873  regardless of adjudication, a violation of this section, the
 1874  court shall impose a surcharge of $1,001.
 1875         (b) The sum of $250 of the surcharge shall be deposited
 1876  into the State Attorneys Revenue Trust Fund for the purpose of
 1877  funding prosecutions of offenses relating to the criminal use of
 1878  personal identification information. The sum of $250 of the
 1879  surcharge shall be deposited into the Indigent Criminal Defense
 1880  Trust Fund for the purposes of indigent criminal defense related
 1881  to the criminal use of personal identification information.
 1882         Section 51. The text of ss. 318.18(19)(c) and
 1883  817.568(12)(b), Florida Statutes, as carried forward from
 1884  chapter 2018-10, Laws of Florida, by this act, expires July 1,
 1885  2021, and the text of those paragraphs shall revert to that in
 1886  existence on June 30, 2018, except that any amendments to such
 1887  text enacted other than by this act shall be preserved and
 1888  continue to operate to the extent that such amendments are not
 1889  dependent upon the portions of text which expire pursuant to
 1890  this section.
 1891         Section 52. In order to implement appropriations used to
 1892  pay existing lease contracts for private lease space in excess
 1893  of 2,000 square feet in the 2020-2021 General Appropriations
 1894  Act, the Department of Management Services, with the cooperation
 1895  of the agencies having the existing lease contracts for office
 1896  or storage space, shall use tenant broker services to
 1897  renegotiate or reprocure all private lease agreements for office
 1898  or storage space expiring between July 1, 2021, and June 30,
 1899  2023, in order to reduce costs in future years. The department
 1900  shall incorporate this initiative into its 2020 master leasing
 1901  report required under s. 255.249(7), Florida Statutes, and may
 1902  use tenant broker services to explore the possibilities of
 1903  colocating office or storage space, to review the space needs of
 1904  each agency, and to review the length and terms of potential
 1905  renewals or renegotiations. The department shall provide a
 1906  report to the Executive Office of the Governor, the President of
 1907  the Senate, and the Speaker of the House of Representatives by
 1908  November 1, 2020, which lists each lease contract for private
 1909  office or storage space, the status of renegotiations, and the
 1910  savings achieved. This section expires July 1, 2021.
 1911         Section 53. In order to implement appropriations authorized
 1912  in the 2020-2021 General Appropriations Act for data center
 1913  services, and notwithstanding s. 216.292(2)(a), Florida
 1914  Statutes, an agency may not transfer funds from a data
 1915  processing category to a category other than another data
 1916  processing category. This section expires July 1, 2021.
 1917         Section 54. In order to implement the appropriation of
 1918  funds in the appropriation category “Data Processing Assessment
 1919  Department of Management Services” in the 2020-2021 General
 1920  Appropriations Act, and pursuant to the notice, review, and
 1921  objection procedures of s. 216.177, Florida Statutes, the
 1922  Executive Office of the Governor may transfer funds appropriated
 1923  in that category between departments in order to align the
 1924  budget authority granted based on the estimated billing cycle
 1925  and methodology used by the Department of Management Services
 1926  for data processing services provided. This section expires July
 1927  1, 2021.
 1928         Section 55. In order to implement the appropriation of
 1929  funds in the appropriation category “Special Categories-Risk
 1930  Management Insurance” in the 2020-2021 General Appropriations
 1931  Act, and pursuant to the notice, review, and objection
 1932  procedures of s. 216.177, Florida Statutes, the Executive Office
 1933  of the Governor may transfer funds appropriated in that category
 1934  between departments in order to align the budget authority
 1935  granted with the premiums paid by each department for risk
 1936  management insurance. This section expires July 1, 2021.
 1937         Section 56. In order to implement the appropriation of
 1938  funds in the appropriation category “Special Categories-Transfer
 1939  to Department of Management Services-Human Resources Services
 1940  Purchased per Statewide Contract” in the 2020-2021 General
 1941  Appropriations Act, and pursuant to the notice, review, and
 1942  objection procedures of s. 216.177, Florida Statutes, the
 1943  Executive Office of the Governor may transfer funds appropriated
 1944  in that category between departments in order to align the
 1945  budget authority granted with the assessments that must be paid
 1946  by each agency to the Department of Management Services for
 1947  human resource management services. This section expires July 1,
 1948  2021.
 1949         Section 57. In order to implement Specific Appropriations
 1950  2388 through 2391 of the 2020-2021 General Appropriations Act:
 1951         (1)The Department of Financial Services shall replace the
 1952  four main components of the Florida Accounting Information
 1953  Resource Subsystem (FLAIR), which include central FLAIR,
 1954  departmental FLAIR, payroll, and information warehouse, and
 1955  shall replace the cash management and accounting management
 1956  components of the Cash Management Subsystem (CMS) with an
 1957  integrated enterprise system that allows the state to organize,
 1958  define, and standardize its financial management business
 1959  processes and that complies with ss. 215.90-215.96, Florida
 1960  Statutes. The department may not include in the replacement of
 1961  FLAIR and CMS:
 1962         (a)Functionality that duplicates any of the other
 1963  information subsystems of the Florida Financial Management
 1964  Information System; or
 1965         (b)Agency business processes related to any of the
 1966  functions included in the Personnel Information System, the
 1967  Purchasing Subsystem, or the Legislative Appropriations
 1968  System/Planning and Budgeting Subsystem.
 1969         (2)For purposes of replacing FLAIR and CMS, the Department
 1970  of Financial Services shall:
 1971         (a)Take into consideration the cost and implementation
 1972  data identified for Option 3 as recommended in the March 31,
 1973  2014, Florida Department of Financial Services FLAIR Study,
 1974  version 031.
 1975         (b)Ensure that all business requirements and technical
 1976  specifications have been provided to all state agencies for
 1977  their review and input and approved by the executive steering
 1978  committee established in paragraph (c).
 1979         (c)Implement a project governance structure that includes
 1980  an executive steering committee composed of:
 1981         1.The Chief Financial Officer or the executive sponsor of
 1982  the project.
 1983         2.A representative of the Division of Treasury of the
 1984  Department of Financial Services, appointed by the Chief
 1985  Financial Officer.
 1986         3.A representative of the Division of Information Systems
 1987  of the Department of Financial Services, appointed by the Chief
 1988  Financial Officer.
 1989         4.Four employees from the Division of Accounting and
 1990  Auditing of the Department of Financial Services, appointed by
 1991  the Chief Financial Officer. Each employee must have experience
 1992  relating to at least one of the four main components that
 1993  comprise FLAIR.
 1994         5.Two employees from the Executive Office of the Governor,
 1995  appointed by the Governor. One employee must have experience
 1996  relating to the Legislative Appropriations System/Planning and
 1997  Budgeting Subsystem.
 1998         6.One employee from the Department of Revenue, appointed
 1999  by the executive director, who has experience relating to the
 2000  department’s SUNTAX system.
 2001         7.Two employees from the Department of Management
 2002  Services, appointed by the Secretary of Management Services. One
 2003  employee must have experience relating to the department’s
 2004  personnel information subsystem, and one employee must have
 2005  experience relating to the department’s purchasing subsystem.
 2006         8.Three state agency administrative services directors,
 2007  appointed by the Governor. One director must represent a
 2008  regulatory and licensing state agency, and one director must
 2009  represent a healthcare-related state agency.
 2010         (3)The Chief Financial Officer or the executive sponsor of
 2011  the project shall serve as chair of the executive steering
 2012  committee, and the committee shall take action by a vote of at
 2013  least eight affirmative votes with the Chief Financial Officer
 2014  or the executive sponsor of the project voting on the prevailing
 2015  side. A quorum of the executive steering committee consists of
 2016  at least 10 members.
 2017         (4)The executive steering committee has the overall
 2018  responsibility for ensuring that the project to replace FLAIR
 2019  and CMS meets its primary business objectives and shall:
 2020         (a)Identify and recommend to the Executive Office of the
 2021  Governor, the President of the Senate, and the Speaker of the
 2022  House of Representatives any statutory changes needed to
 2023  implement the replacement subsystem that will standardize, to
 2024  the fullest extent possible, the state’s financial management
 2025  business processes.
 2026         (b)Review and approve any changes to the project’s scope,
 2027  schedule, and budget which do not conflict with the requirements
 2028  of subsection (1).
 2029         (c)Ensure that adequate resources are provided throughout
 2030  all phases of the project.
 2031         (d)Approve all major project deliverables.
 2032         (e)Approve all solicitation-related documents associated
 2033  with the replacement of FLAIR and CMS.
 2034         (5)This section expires July 1, 2021.
 2035         Section 58. In order to implement Specific Appropriation
 2036  1633 of the 2020-2021 General Appropriations Act, paragraph (d)
 2037  of subsection (11) of section 216.181, Florida Statutes, is
 2038  amended to read:
 2039         216.181 Approved budgets for operations and fixed capital
 2040  outlay.—
 2041         (11)
 2042         (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
 2043  for the 2020-2021 2019-2020 fiscal year only, the Legislative
 2044  Budget Commission may increase the amounts appropriated to the
 2045  Fish and Wildlife Conservation Commission or the Department of
 2046  Environmental Protection for fixed capital outlay projects,
 2047  including additional fixed capital outlay projects, using funds
 2048  provided to the state from the Gulf Environmental Benefit Fund
 2049  administered by the National Fish and Wildlife Foundation; funds
 2050  provided to the state from the Gulf Coast Restoration Trust Fund
 2051  related to the Resources and Ecosystems Sustainability, Tourist
 2052  Opportunities, and Revived Economies of the Gulf Coast Act of
 2053  2012 (RESTORE Act); or funds provided by the British Petroleum
 2054  Corporation (BP) for natural resource damage assessment
 2055  restoration projects. Concurrent with submission of an amendment
 2056  to the Legislative Budget Commission pursuant to this paragraph,
 2057  any project that carries a continuing commitment for future
 2058  appropriations by the Legislature must be specifically
 2059  identified, together with the projected amount of the future
 2060  commitment associated with the project and the fiscal years in
 2061  which the commitment is expected to commence. This paragraph
 2062  expires July 1, 2021 2020.
 2063  
 2064  The provisions of this subsection are subject to the notice and
 2065  objection procedures set forth in s. 216.177.
 2066         Section 59. In order to implement specific appropriations
 2067  from the land acquisition trust funds within the Department of
 2068  Agriculture and Consumer Services, the Department of
 2069  Environmental Protection, the Department of State, and the Fish
 2070  and Wildlife Conservation Commission, which are contained in the
 2071  2020-2021 General Appropriations Act, subsection (3) of section
 2072  215.18, Florida Statutes, is amended to read:
 2073         215.18 Transfers between funds; limitation.—
 2074         (3) Notwithstanding subsection (1) and only with respect to
 2075  a land acquisition trust fund in the Department of Agriculture
 2076  and Consumer Services, the Department of Environmental
 2077  Protection, the Department of State, or the Fish and Wildlife
 2078  Conservation Commission, whenever there is a deficiency in a
 2079  land acquisition trust fund which would render that trust fund
 2080  temporarily insufficient to meet its just requirements,
 2081  including the timely payment of appropriations from that trust
 2082  fund, and other trust funds in the State Treasury have moneys
 2083  that are for the time being or otherwise in excess of the
 2084  amounts necessary to meet the just requirements, including
 2085  appropriated obligations, of those other trust funds, the
 2086  Governor may order a temporary transfer of moneys from one or
 2087  more of the other trust funds to a land acquisition trust fund
 2088  in the Department of Agriculture and Consumer Services, the
 2089  Department of Environmental Protection, the Department of State,
 2090  or the Fish and Wildlife Conservation Commission. Any action
 2091  proposed pursuant to this subsection is subject to the notice,
 2092  review, and objection procedures of s. 216.177, and the Governor
 2093  shall provide notice of such action at least 7 days before the
 2094  effective date of the transfer of trust funds, except that
 2095  during July 2020 2019, notice of such action shall be provided
 2096  at least 3 days before the effective date of a transfer unless
 2097  such 3-day notice is waived by the chair and vice-chair of the
 2098  Legislative Budget Commission. Any transfer of trust funds to a
 2099  land acquisition trust fund in the Department of Agriculture and
 2100  Consumer Services, the Department of Environmental Protection,
 2101  the Department of State, or the Fish and Wildlife Conservation
 2102  Commission must be repaid to the trust funds from which the
 2103  moneys were loaned by the end of the 2020-2021 2019-2020 fiscal
 2104  year. The Legislature has determined that the repayment of the
 2105  other trust fund moneys temporarily loaned to a land acquisition
 2106  trust fund in the Department of Agriculture and Consumer
 2107  Services, the Department of Environmental Protection, the
 2108  Department of State, or the Fish and Wildlife Conservation
 2109  Commission pursuant to this subsection is an allowable use of
 2110  the moneys in a land acquisition trust fund because the moneys
 2111  from other trust funds temporarily loaned to a land acquisition
 2112  trust fund shall be expended solely and exclusively in
 2113  accordance with s. 28, Art. X of the State Constitution. This
 2114  subsection expires July 1, 2021 2020.
 2115         Section 60. (1)In order to implement specific
 2116  appropriations from the land acquisition trust funds within the
 2117  Department of Agriculture and Consumer Services, the Department
 2118  of Environmental Protection, the Department of State, and the
 2119  Fish and Wildlife Conservation Commission, which are contained
 2120  in the 2020-2021 General Appropriations Act, the Department of
 2121  Environmental Protection shall transfer revenues from the Land
 2122  Acquisition Trust Fund within the department to the land
 2123  acquisition trust funds within the Department of Agriculture and
 2124  Consumer Services, the Department of State, and the Fish and
 2125  Wildlife Conservation Commission, as provided in this section.
 2126  As used in this section, the term “department” means the
 2127  Department of Environmental Protection.
 2128         (2)After subtracting any required debt service payments,
 2129  the proportionate share of revenues to be transferred to each
 2130  land acquisition trust fund shall be calculated by dividing the
 2131  appropriations from each of the land acquisition trust funds for
 2132  the fiscal year by the total appropriations from the Land
 2133  Acquisition Trust Fund within the department and the land
 2134  acquisition trust funds within the Department of Agriculture and
 2135  Consumer Services, the Department of State, and the Fish and
 2136  Wildlife Conservation Commission for the fiscal year. The
 2137  department shall transfer the proportionate share of the
 2138  revenues in the Land Acquisition Trust Fund within the
 2139  department on a monthly basis to the appropriate land
 2140  acquisition trust funds within the Department of Agriculture and
 2141  Consumer Services, the Department of State, and the Fish and
 2142  Wildlife Conservation Commission and shall retain its
 2143  proportionate share of the revenues in the Land Acquisition
 2144  Trust Fund within the department. Total distributions to a land
 2145  acquisition trust fund within the Department of Agriculture and
 2146  Consumer Services, the Department of State, and the Fish and
 2147  Wildlife Conservation Commission may not exceed the total
 2148  appropriations from such trust fund for the fiscal year.
 2149         (3)In addition, the department shall transfer from the
 2150  Land Acquisition Trust Fund to land acquisition trust funds
 2151  within the Department of Agriculture and Consumer Services, the
 2152  Department of State, and the Fish and Wildlife Conservation
 2153  Commission amounts equal to the difference between the amounts
 2154  appropriated in chapter 2019-115, Laws of Florida, to the
 2155  department’s Land Acquisition Trust Fund and the other land
 2156  acquisition trust funds, and the amounts actually transferred
 2157  between those trust funds during the 2019-2020 fiscal year.
 2158         (4)The department may advance funds from the beginning
 2159  unobligated fund balance in the Land Acquisition Trust Fund to
 2160  the Land Acquisition Trust Fund within the Fish and Wildlife
 2161  Conservation Commission needed for cash flow purposes based on a
 2162  detailed expenditure plan. The department shall prorate amounts
 2163  transferred quarterly to the Fish and Wildlife Conservation
 2164  Commission to recoup the amount of funds advanced by June 30,
 2165  2021.
 2166         (5)This section expires July 1, 2021.
 2167         Section 61. In order to implement Specific Appropriation
 2168  1763 of the 2020-2021 General Appropriations Act, paragraph (e)
 2169  of subsection (11) of section 216.181, Florida Statutes, is
 2170  amended to read:
 2171         216.181 Approved budgets for operations and fixed capital
 2172  outlay.—
 2173         (11)
 2174         (e) Notwithstanding paragraph (b) and paragraph (2)(b), and
 2175  for the 2020-2021 2019-2020 fiscal year only, the Legislative
 2176  Budget Commission may increase the amounts appropriated to the
 2177  Department of Environmental Protection for fixed capital outlay
 2178  projects using funds provided to the state from the
 2179  environmental mitigation trust administered by a trustee
 2180  designated by the United States District Court for the Northern
 2181  District of California for eligible mitigation actions and
 2182  mitigation action expenditures described in the partial consent
 2183  decree entered into between the United States of America and
 2184  Volkswagen relating to violations of the Clean Air Act.
 2185  Concurrent with submission of an amendment to the Legislative
 2186  Budget Commission pursuant to this paragraph, any project that
 2187  carries a continuing commitment for future appropriations by the
 2188  Legislature must be specifically identified, together with the
 2189  projected amount of the future commitment associated with the
 2190  project and the fiscal years in which the commitment is expected
 2191  to commence. This paragraph expires July 1, 2021 2020.
 2192  
 2193  The provisions of this subsection are subject to the notice and
 2194  objection procedures set forth in s. 216.177.
 2195         Section 62. In order to implement Specific Appropriation
 2196  1443 through 1452 of the 2020-2021 General Appropriations Act,
 2197  subsection (4) of section 570.441, Florida Statutes, is amended
 2198  to read:
 2199         570.441 Pest Control Trust Fund.—
 2200         (4) In addition to the uses authorized under subsection
 2201  (2), moneys collected or received by the department under
 2202  chapter 482 may be used to carry out the provisions of s.
 2203  570.44. This subsection expires June 30, 2021 2020.
 2204         Section 63. In order to implement Specific Appropriation
 2205  1380 of the 2020-2021 General Appropriations Act, and
 2206  notwithstanding the expiration date in section 91 of chapter
 2207  2019-116, Laws of Florida, paragraph (a) of subsection (1) of
 2208  section 570.93, Florida Statutes, is reenacted to read:
 2209         570.93 Department of Agriculture and Consumer Services;
 2210  agricultural water conservation and agricultural water supply
 2211  planning.—
 2212         (1) The department shall establish an agricultural water
 2213  conservation program that includes the following:
 2214         (a) A cost-share program, coordinated with the United
 2215  States Department of Agriculture and other federal, state,
 2216  regional, and local agencies when appropriate, for irrigation
 2217  system retrofit and application of mobile irrigation laboratory
 2218  evaluations, and for water conservation and water quality
 2219  improvement pursuant to s. 403.067(7)(c).
 2220         Section 64. The amendment to s. 570.93(1)(a), Florida
 2221  Statutes, as carried forward from chapter 2019-116, Laws of
 2222  Florida, by this act, expires July 1, 2021, and the text of that
 2223  paragraph shall revert to that in existence on June 30, 2019,
 2224  except that any amendments to such text enacted other than by
 2225  this act shall be preserved and continue to operate to the
 2226  extent that such amendments are not dependent upon the portions
 2227  of text which expire pursuant to this section.
 2228         Section 65. In order to implement Specific Appropriation
 2229  1728 of the 2020-2021 General Appropriations Act, paragraph (m)
 2230  of subsection (3) of section 259.105, Florida Statutes, is
 2231  amended to read:
 2232         259.105 The Florida Forever Act.—
 2233         (3) Less the costs of issuing and the costs of funding
 2234  reserve accounts and other costs associated with bonds, the
 2235  proceeds of cash payments or bonds issued pursuant to this
 2236  section shall be deposited into the Florida Forever Trust Fund
 2237  created by s. 259.1051. The proceeds shall be distributed by the
 2238  Department of Environmental Protection in the following manner:
 2239         (m) Notwithstanding paragraphs (a)-(j) and for the 2020
 2240  2021 2019-2020 fiscal year, the amount of $6 $33 million to only
 2241  the Division of State Lands within the Department of
 2242  Environmental Protection for grants pursuant to s. 375.075 the
 2243  Board of Trustees Florida Forever Priority List land acquisition
 2244  projects. This paragraph expires July 1, 2021 2020.
 2245         Section 66. In order to implement appropriations from the
 2246  Land Acquisition Trust Fund within the Department of
 2247  Environmental Protection, paragraph (b) of subsection (3) of
 2248  section 375.041, Florida Statutes, is amended to read:
 2249         375.041 Land Acquisition Trust Fund.—
 2250         (3) Funds distributed into the Land Acquisition Trust Fund
 2251  pursuant to s. 201.15 shall be applied:
 2252         (b) Of the funds remaining after the payments required
 2253  under paragraph (a), but before funds may be appropriated,
 2254  pledged, or dedicated for other uses:
 2255         1. A minimum of the lesser of 25 percent or $200 million
 2256  shall be appropriated annually for Everglades projects that
 2257  implement the Comprehensive Everglades Restoration Plan as set
 2258  forth in s. 373.470, including the Central Everglades Planning
 2259  Project subject to Congressional authorization; the Long-Term
 2260  Plan as defined in s. 373.4592(2); and the Northern Everglades
 2261  and Estuaries Protection Program as set forth in s. 373.4595.
 2262  From these funds, $32 million shall be distributed each fiscal
 2263  year through the 2023-2024 fiscal year to the South Florida
 2264  Water Management District for the Long-Term Plan as defined in
 2265  s. 373.4592(2). After deducting the $32 million distributed
 2266  under this subparagraph, from the funds remaining, a minimum of
 2267  the lesser of 76.5 percent or $100 million shall be appropriated
 2268  each fiscal year through the 2025-2026 fiscal year for the
 2269  planning, design, engineering, and construction of the
 2270  Comprehensive Everglades Restoration Plan as set forth in s.
 2271  373.470, including the Central Everglades Planning Project, the
 2272  Everglades Agricultural Area Storage Reservoir Project, the Lake
 2273  Okeechobee Watershed Project, the C-43 West Basin Storage
 2274  Reservoir Project, the Indian River Lagoon-South Project, the
 2275  Western Everglades Restoration Project, and the Picayune Strand
 2276  Restoration Project. The Department of Environmental Protection
 2277  and the South Florida Water Management District shall give
 2278  preference to those Everglades restoration projects that reduce
 2279  harmful discharges of water from Lake Okeechobee to the St.
 2280  Lucie or Caloosahatchee estuaries in a timely manner. For the
 2281  purpose of performing the calculation provided in this
 2282  subparagraph, the amount of debt service paid pursuant to
 2283  paragraph (a) for bonds issued after July 1, 2016, for the
 2284  purposes set forth under paragraph (b) shall be added to the
 2285  amount remaining after the payments required under paragraph
 2286  (a). The amount of the distribution calculated shall then be
 2287  reduced by an amount equal to the debt service paid pursuant to
 2288  paragraph (a) on bonds issued after July 1, 2016, for the
 2289  purposes set forth under this subparagraph.
 2290         2. A minimum of the lesser of 7.6 percent or $50 million
 2291  shall be appropriated annually for spring restoration,
 2292  protection, and management projects. For the purpose of
 2293  performing the calculation provided in this subparagraph, the
 2294  amount of debt service paid pursuant to paragraph (a) for bonds
 2295  issued after July 1, 2016, for the purposes set forth under
 2296  paragraph (b) shall be added to the amount remaining after the
 2297  payments required under paragraph (a). The amount of the
 2298  distribution calculated shall then be reduced by an amount equal
 2299  to the debt service paid pursuant to paragraph (a) on bonds
 2300  issued after July 1, 2016, for the purposes set forth under this
 2301  subparagraph.
 2302         3. The sum of $5 million shall be appropriated annually
 2303  each fiscal year through the 2025-2026 fiscal year to the St.
 2304  Johns River Water Management District for projects dedicated to
 2305  the restoration of Lake Apopka. This distribution shall be
 2306  reduced by an amount equal to the debt service paid pursuant to
 2307  paragraph (a) on bonds issued after July 1, 2016, for the
 2308  purposes set forth in this subparagraph.
 2309         4. The sum of $64 million is appropriated and shall be
 2310  transferred to the Everglades Trust Fund for the 2018-2019
 2311  fiscal year, and each fiscal year thereafter, for the EAA
 2312  reservoir project pursuant to s. 373.4598. Any funds remaining
 2313  in any fiscal year shall be made available only for Phase II of
 2314  the C-51 reservoir project or projects identified in
 2315  subparagraph 1. and must be used in accordance with laws
 2316  relating to such projects. Any funds made available for such
 2317  purposes in a fiscal year are in addition to the amount
 2318  appropriated under subparagraph 1. This distribution shall be
 2319  reduced by an amount equal to the debt service paid pursuant to
 2320  paragraph (a) on bonds issued after July 1, 2017, for the
 2321  purposes set forth in this subparagraph.
 2322         5. Notwithstanding subparagraph 3., for the 2020-2021 2019
 2323  2020 fiscal year, funds shall be appropriated as provided in the
 2324  General Appropriations Act. This subparagraph expires July 1,
 2325  2021 2020.
 2326         Section 67. In order to implement Specific Appropriation
 2327  2659 of the 2020-2021 General Appropriations Act, paragraph (b)
 2328  of subsection (3) and subsection (5) of section 321.04, Florida
 2329  Statutes, are amended to read:
 2330         321.04 Personnel of the highway patrol; rank
 2331  classifications; probationary status of new patrol officers;
 2332  subsistence; special assignments.—
 2333         (3)
 2334         (b) For the 2020-2021 2019-2020 fiscal year only, upon the
 2335  request of the Governor, the Department of Highway Safety and
 2336  Motor Vehicles shall assign one or more patrol officers to the
 2337  office of the Lieutenant Governor for security services. This
 2338  paragraph expires July 1, 2021 2020.
 2339         (5) For the 2020-2021 2019-2020 fiscal year only, the
 2340  assignment of a patrol officer by the department shall include a
 2341  Cabinet member specified in s. 4, Art. IV of the State
 2342  Constitution if deemed appropriate by the department or in
 2343  response to a threat and upon written request of such Cabinet
 2344  member. This subsection expires July 1, 2021 2020.
 2345         Section 68. In order to implement Specific Appropriation
 2346  2282 of the 2020-2021 General Appropriations Act, subsection (3)
 2347  of section 420.9079, Florida Statutes, is amended to read:
 2348         420.9079 Local Government Housing Trust Fund.—
 2349         (3) For the 2020-2021 2019-2020 fiscal year, funds may be
 2350  used as provided in the General Appropriations Act. This
 2351  subsection expires July 1, 2021 2020.
 2352         Section 69. In order to implement Specific Appropriation
 2353  2281 of the 2020-2021 General Appropriations Act, subsection (2)
 2354  of section 420.0005, Florida Statutes, is amended to read:
 2355         420.0005 State Housing Trust Fund; State Housing Fund.—
 2356         (2) For the 2020-2021 2019-2020 fiscal year, funds may be
 2357  used as provided in the General Appropriations Act. This
 2358  subsection expires July 1, 2021 2020.
 2359         Section 70. In order to implement Specific Appropriation
 2360  2294 of the 2020-2021 General Appropriations Act, subsection
 2361  (14) of section 288.1226, Florida Statutes, is amended to read:
 2362         288.1226 Florida Tourism Industry Marketing Corporation;
 2363  use of property; board of directors; duties; audit.—
 2364         (14) REPEAL.—This section is repealed July 1, 2021 2020,
 2365  unless reviewed and saved from repeal by the Legislature.
 2366         Section 71. In order to implement Specific Appropriation
 2367  2294 of the 2020-2021 General Appropriations Act, subsection (6)
 2368  of section 288.923, Florida Statutes, is amended to read:
 2369         288.923 Division of Tourism Marketing; definitions;
 2370  responsibilities.—
 2371         (6) This section is repealed July 1, 2021 2020, unless
 2372  reviewed and saved from repeal by the Legislature.
 2373         Section 72. In order to implement Specific Appropriation
 2374  1915 of the 2020-2021 General Appropriations Act, paragraph (g)
 2375  of subsection (8) of section 338.2278, Florida Statutes, is
 2376  amended to read:
 2377         338.2278 Multi-use Corridors of Regional Economic
 2378  Significance Program.—
 2379         (8) The amounts identified in subsection (7) by fiscal year
 2380  shall be allocated as follows:
 2381         (g)1.Except as provided in subparagraph 2., in each fiscal
 2382  year in which funding provided under this subsection for the
 2383  Small County Road Assistance Program, the Small County Outreach
 2384  Program, the Transportation Disadvantaged Trust Fund, or the
 2385  workforce development program is not committed by the end of
 2386  each fiscal year, such uncommitted funds shall be used by the
 2387  department to fund Multi-use Corridors of Regional Economic
 2388  Significance Program projects. As provided in s. 339.135(7), the
 2389  adopted work program may be amended to transfer funds between
 2390  appropriations categories or to increase an appropriation
 2391  category to implement this paragraph.
 2392         2. For the 2020-2021 fiscal year, funding provided under
 2393  this subsection for the Transportation Disadvantaged Trust Fund
 2394  under paragraph (a) which is uncommitted at the end of the 2019
 2395  2020 fiscal year may be used as provided in the General
 2396  Appropriations Act. This subparagraph expires July 1, 2021.
 2397         Section 73. In order to implement Specific Appropriations
 2398  1916 through 1929, 1929F through 1929J, 1944 through 1951, 1953
 2399  through 1962, and 1999A through 2011 of the 2020-2021 General
 2400  Appropriations Act, paragraphs (g) and (h) of subsection (7) of
 2401  section 339.135, Florida Statutes, are amended to read:
 2402         339.135 Work program; legislative budget request;
 2403  definitions; preparation, adoption, execution, and amendment.—
 2404         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
 2405         (g)1. Any work program amendment which also requires the
 2406  transfer of fixed capital outlay appropriations between
 2407  categories within the department or the increase of an
 2408  appropriation category is subject to the approval of the
 2409  Legislative Budget Commission.
 2410         2. If a meeting of the Legislative Budget Commission cannot
 2411  be held within 30 days after the department submits an amendment
 2412  to the Legislative Budget Commission, the chair and vice chair
 2413  of the Legislative Budget Commission may authorize such
 2414  amendment to be approved pursuant to s. 216.177. This
 2415  subparagraph expires July 1, 2021 2020.
 2416         (h)1. Any work program amendment that also adds a new
 2417  project, or phase thereof, to the adopted work program in excess
 2418  of $3 million is subject to approval by the Legislative Budget
 2419  Commission. Any work program amendment submitted under this
 2420  paragraph must include, as supplemental information, a list of
 2421  projects, or phases thereof, in the current 5-year adopted work
 2422  program which are eligible for the funds within the
 2423  appropriation category being used for the proposed amendment.
 2424  The department shall provide a narrative with the rationale for
 2425  not advancing an existing project, or phase thereof, in lieu of
 2426  the proposed amendment.
 2427         2. If a meeting of the Legislative Budget Commission cannot
 2428  be held within 30 days after the department submits an amendment
 2429  to the commission, the chair and vice chair of the commission
 2430  may authorize such amendment to be approved pursuant to s.
 2431  216.177. This subparagraph expires July 1, 2021.
 2432         Section 74. In order to implement Specific Appropriation
 2433  2599 of the 2020-2021 General Appropriations Act, paragraph (d)
 2434  of subsection (4) of section 112.061, Florida Statutes, is
 2435  amended to read:
 2436         112.061 Per diem and travel expenses of public officers,
 2437  employees, and authorized persons; statewide travel management
 2438  system.—
 2439         (4) OFFICIAL HEADQUARTERS.—The official headquarters of an
 2440  officer or employee assigned to an office shall be the city or
 2441  town in which the office is located except that:
 2442         (d) A Lieutenant Governor who permanently resides outside
 2443  of Leon County, may, if he or she so requests, have an
 2444  appropriate facility in his or her county designated as his or
 2445  her official headquarters for purposes of this section. This
 2446  official headquarters may only serve as the Lieutenant
 2447  Governor’s personal office. The Lieutenant Governor may not use
 2448  state funds to lease space in any facility for his or her
 2449  official headquarters.
 2450         1. A Lieutenant Governor for whom an official headquarters
 2451  is established in his or her county of residence pursuant to
 2452  this paragraph is eligible for subsistence at a rate to be
 2453  established by the Governor for each day or partial day that the
 2454  Lieutenant Governor is at the State Capitol to conduct official
 2455  state business. In addition to the subsistence allowance, a
 2456  Lieutenant Governor is eligible for reimbursement for
 2457  transportation expenses as provided in subsection (7) for travel
 2458  between the Lieutenant Governor’s official headquarters and the
 2459  State Capitol to conduct state business.
 2460         2. Payment of subsistence and reimbursement for
 2461  transportation between a Lieutenant Governor’s official
 2462  headquarters and the State Capitol shall be made to the extent
 2463  appropriated funds are available, as determined by the Governor.
 2464         3. This paragraph expires July 1, 2021 2020.
 2465         Section 75. In order to implement the salaries and
 2466  benefits, expenses, other personal services, contracted
 2467  services, and operating capital outlay categories of the 2020
 2468  2021 General Appropriations Act, paragraph (a) of subsection (2)
 2469  of section 216.292, Florida Statutes, is amended to read:
 2470         216.292 Appropriations nontransferable; exceptions.—
 2471         (2) The following transfers are authorized to be made by
 2472  the head of each department or the Chief Justice of the Supreme
 2473  Court whenever it is deemed necessary by reason of changed
 2474  conditions:
 2475         (a) The transfer of appropriations funded from identical
 2476  funding sources, except appropriations for fixed capital outlay,
 2477  and the transfer of amounts included within the total original
 2478  approved budget and plans of releases of appropriations as
 2479  furnished pursuant to ss. 216.181 and 216.192, as follows:
 2480         1. Between categories of appropriations within a budget
 2481  entity, if no category of appropriation is increased or
 2482  decreased by more than 5 percent of the original approved budget
 2483  or $250,000, whichever is greater, by all action taken under
 2484  this subsection.
 2485         2. Between budget entities within identical categories of
 2486  appropriations, if no category of appropriation is increased or
 2487  decreased by more than 5 percent of the original approved budget
 2488  or $250,000, whichever is greater, by all action taken under
 2489  this subsection.
 2490         3. Any agency exceeding salary rate established pursuant to
 2491  s. 216.181(8) on June 30th of any fiscal year shall not be
 2492  authorized to make transfers pursuant to subparagraphs 1. and 2.
 2493  in the subsequent fiscal year.
 2494         4. Notice of proposed transfers under subparagraphs 1. and
 2495  2. shall be provided to the Executive Office of the Governor and
 2496  the chairs of the legislative appropriations committees at least
 2497  3 days prior to agency implementation in order to provide an
 2498  opportunity for review. The review shall be limited to ensuring
 2499  that the transfer is in compliance with the requirements of this
 2500  paragraph.
 2501         5. For the 2020-2021 2019-2020 fiscal year, the review
 2502  shall ensure that transfers proposed pursuant to this paragraph
 2503  comply with this chapter, maximize the use of available and
 2504  appropriate trust funds, and are not contrary to legislative
 2505  policy and intent. This subparagraph expires July 1, 2021 2020.
 2506         Section 76. In order to implement section 8 of the 2020
 2507  2021 General Appropriations Act, notwithstanding s.
 2508  110.123(3)(f) and (j), Florida Statutes, the Department of
 2509  Management Services shall maintain and offer the same PPO and
 2510  HMO health plan alternatives to the participants of the state
 2511  group health insurance program during the 2020-2021 fiscal year
 2512  which were in effect for the 2019-2020 fiscal year. This section
 2513  expires July 1, 2021.
 2514         Section 77. In order to implement the appropriation of
 2515  funds in the special categories, contracted services, and
 2516  expenses categories of the 2020-2021 General Appropriations Act,
 2517  a state agency may not initiate a competitive solicitation for a
 2518  product or service if the completion of such competitive
 2519  solicitation would:
 2520         (1)Require a change in law; or
 2521         (2)Require a change to the agency’s budget other than a
 2522  transfer authorized in s. 216.292(2) or (3), Florida Statutes,
 2523  unless the initiation of such competitive solicitation is
 2524  specifically authorized in law, in the General Appropriations
 2525  Act, or by the Legislative Budget Commission.
 2526  
 2527  This section does not apply to a competitive solicitation for
 2528  which the agency head certifies that a valid emergency exists.
 2529  This section expires July 1, 2021.
 2530         Section 78. In order to implement appropriations for
 2531  salaries and benefits in the 2020-2021 General Appropriations
 2532  Act, subsection (6) of section 112.24, Florida Statutes, is
 2533  amended to read:
 2534         112.24 Intergovernmental interchange of public employees.
 2535  To encourage economical and effective utilization of public
 2536  employees in this state, the temporary assignment of employees
 2537  among agencies of government, both state and local, and
 2538  including school districts and public institutions of higher
 2539  education is authorized under terms and conditions set forth in
 2540  this section. State agencies, municipalities, and political
 2541  subdivisions are authorized to enter into employee interchange
 2542  agreements with other state agencies, the Federal Government,
 2543  another state, a municipality, or a political subdivision
 2544  including a school district, or with a public institution of
 2545  higher education. State agencies are also authorized to enter
 2546  into employee interchange agreements with private institutions
 2547  of higher education and other nonprofit organizations under the
 2548  terms and conditions provided in this section. In addition, the
 2549  Governor or the Governor and Cabinet may enter into employee
 2550  interchange agreements with a state agency, the Federal
 2551  Government, another state, a municipality, or a political
 2552  subdivision including a school district, or with a public
 2553  institution of higher learning to fill, subject to the
 2554  requirements of chapter 20, appointive offices which are within
 2555  the executive branch of government and which are filled by
 2556  appointment by the Governor or the Governor and Cabinet. Under
 2557  no circumstances shall employee interchange agreements be
 2558  utilized for the purpose of assigning individuals to participate
 2559  in political campaigns. Duties and responsibilities of
 2560  interchange employees shall be limited to the mission and goals
 2561  of the agencies of government.
 2562         (6) For the 2020-2021 2019-2020 fiscal year only, the
 2563  assignment of an employee of a state agency as provided in this
 2564  section may be made if recommended by the Governor or Chief
 2565  Justice, as appropriate, and approved by the chairs of the
 2566  legislative appropriations committees. Such actions shall be
 2567  deemed approved if neither chair provides written notice of
 2568  objection within 14 days after receiving notice of the action
 2569  pursuant to s. 216.177. This subsection expires July 1, 2021
 2570  2020.
 2571         Section 79. In order to implement Specific Appropriations
 2572  2727 and 2728 of the 2020-2021 General Appropriations Act, and
 2573  notwithstanding s. 11.13(1), Florida Statutes, the authorized
 2574  salaries for members of the Legislature for the 2020-2021 fiscal
 2575  year shall be set at the same level in effect on July 1, 2010.
 2576  This section expires July 1, 2021.
 2577         Section 80. In order to implement the transfer of funds
 2578  from the General Revenue Fund from trust funds for the 2020-2021
 2579  General Appropriations Act, and notwithstanding the expiration
 2580  date in section 110 of chapter 2019-116, Laws of Florida,
 2581  paragraph (b) of subsection (2) of section 215.32, Florida
 2582  Statutes, is reenacted to read:
 2583         215.32 State funds; segregation.—
 2584         (2) The source and use of each of these funds shall be as
 2585  follows:
 2586         (b)1. The trust funds shall consist of moneys received by
 2587  the state which under law or under trust agreement are
 2588  segregated for a purpose authorized by law. The state agency or
 2589  branch of state government receiving or collecting such moneys
 2590  is responsible for their proper expenditure as provided by law.
 2591  Upon the request of the state agency or branch of state
 2592  government responsible for the administration of the trust fund,
 2593  the Chief Financial Officer may establish accounts within the
 2594  trust fund at a level considered necessary for proper
 2595  accountability. Once an account is established, the Chief
 2596  Financial Officer may authorize payment from that account only
 2597  upon determining that there is sufficient cash and releases at
 2598  the level of the account.
 2599         2. In addition to other trust funds created by law, to the
 2600  extent possible, each agency shall use the following trust funds
 2601  as described in this subparagraph for day-to-day operations:
 2602         a. Operations or operating trust fund, for use as a
 2603  depository for funds to be used for program operations funded by
 2604  program revenues, with the exception of administrative
 2605  activities when the operations or operating trust fund is a
 2606  proprietary fund.
 2607         b. Operations and maintenance trust fund, for use as a
 2608  depository for client services funded by third-party payors.
 2609         c. Administrative trust fund, for use as a depository for
 2610  funds to be used for management activities that are departmental
 2611  in nature and funded by indirect cost earnings and assessments
 2612  against trust funds. Proprietary funds are excluded from the
 2613  requirement of using an administrative trust fund.
 2614         d. Grants and donations trust fund, for use as a depository
 2615  for funds to be used for allowable grant or donor agreement
 2616  activities funded by restricted contractual revenue from private
 2617  and public nonfederal sources.
 2618         e. Agency working capital trust fund, for use as a
 2619  depository for funds to be used pursuant to s. 216.272.
 2620         f. Clearing funds trust fund, for use as a depository for
 2621  funds to account for collections pending distribution to lawful
 2622  recipients.
 2623         g. Federal grant trust fund, for use as a depository for
 2624  funds to be used for allowable grant activities funded by
 2625  restricted program revenues from federal sources.
 2626  
 2627  To the extent possible, each agency must adjust its internal
 2628  accounting to use existing trust funds consistent with the
 2629  requirements of this subparagraph. If an agency does not have
 2630  trust funds listed in this subparagraph and cannot make such
 2631  adjustment, the agency must recommend the creation of the
 2632  necessary trust funds to the Legislature no later than the next
 2633  scheduled review of the agency’s trust funds pursuant to s.
 2634  215.3206.
 2635         3. All such moneys are hereby appropriated to be expended
 2636  in accordance with the law or trust agreement under which they
 2637  were received, subject always to the provisions of chapter 216
 2638  relating to the appropriation of funds and to the applicable
 2639  laws relating to the deposit or expenditure of moneys in the
 2640  State Treasury.
 2641         4.a. Notwithstanding any provision of law restricting the
 2642  use of trust funds to specific purposes, unappropriated cash
 2643  balances from selected trust funds may be authorized by the
 2644  Legislature for transfer to the Budget Stabilization Fund and
 2645  General Revenue Fund in the General Appropriations Act.
 2646         b. This subparagraph does not apply to trust funds required
 2647  by federal programs or mandates; trust funds established for
 2648  bond covenants, indentures, or resolutions whose revenues are
 2649  legally pledged by the state or public body to meet debt service
 2650  or other financial requirements of any debt obligations of the
 2651  state or any public body; the Division of Licensing Trust Fund
 2652  in the Department of Agriculture and Consumer Services; the
 2653  State Transportation Trust Fund; the trust fund containing the
 2654  net annual proceeds from the Florida Education Lotteries; the
 2655  Florida Retirement System Trust Fund; trust funds under the
 2656  management of the State Board of Education or the Board of
 2657  Governors of the State University System, where such trust funds
 2658  are for auxiliary enterprises, self-insurance, and contracts,
 2659  grants, and donations, as those terms are defined by general
 2660  law; trust funds that serve as clearing funds or accounts for
 2661  the Chief Financial Officer or state agencies; trust funds that
 2662  account for assets held by the state in a trustee capacity as an
 2663  agent or fiduciary for individuals, private organizations, or
 2664  other governmental units; and other trust funds authorized by
 2665  the State Constitution.
 2666         Section 81. The text of s. 215.32(2)(b), Florida Statutes,
 2667  as carried forward from chapter 2011-47, Laws of Florida, by
 2668  this act, expires July 1, 2021, and the text of that paragraph
 2669  shall revert to that in existence on June 30, 2011, except that
 2670  any amendments to such text enacted other than by this act shall
 2671  be preserved and continue to operate to the extent that such
 2672  amendments are not dependent upon the portions of text which
 2673  expire pursuant to this section.
 2674         Section 82. In order to implement appropriations in the
 2675  2020-2021 General Appropriations Act for state employee travel,
 2676  the funds appropriated to each state agency which may be used
 2677  for travel by state employees are limited during the 2020-2021
 2678  fiscal year to travel for activities that are critical to each
 2679  state agency’s mission. Funds may not be used for travel by
 2680  state employees to foreign countries, other states, conferences,
 2681  staff training activities, or other administrative functions
 2682  unless the agency head has approved, in writing, that such
 2683  activities are critical to the agency’s mission. The agency head
 2684  shall consider using teleconferencing and other forms of
 2685  electronic communication to meet the needs of the proposed
 2686  activity before approving mission-critical travel. This section
 2687  does not apply to travel for law enforcement purposes, military
 2688  purposes, emergency management activities, or public health
 2689  activities. This section expires July 1, 2021.
 2690         Section 83. In order to implement appropriations in the
 2691  2020-2021 General Appropriations Act for state employee travel
 2692  and notwithstanding s. 112.061, Florida Statutes, costs for
 2693  lodging associated with a meeting, conference, or convention
 2694  organized or sponsored in whole or in part by a state agency or
 2695  the judicial branch may not exceed $225 per day. An employee may
 2696  expend his or her own funds for any lodging expenses in excess
 2697  of $225 per day. For purposes of this section, a meeting does
 2698  not include travel activities for conducting an audit,
 2699  examination, inspection, or investigation or travel activities
 2700  related to a litigation or emergency response. This section
 2701  expires July 1, 2021.
 2702         Section 84. In order to implement the appropriation of
 2703  funds in the special categories, contracted services, and
 2704  expenses categories of the 2020-2021 General Appropriations Act,
 2705  a state agency may not enter into a contract containing a
 2706  nondisclosure clause that prohibits the contractor from
 2707  disclosing information relevant to the performance of the
 2708  contract to members or staff of the Senate or the House of
 2709  Representatives. This section expires July 1, 2021.
 2710         Section 85. Any section of this act which implements a
 2711  specific appropriation or specifically identified proviso
 2712  language in the 2020-2021 General Appropriations Act is void if
 2713  the specific appropriation or specifically identified proviso
 2714  language is vetoed. Any section of this act which implements
 2715  more than one specific appropriation or more than one portion of
 2716  specifically identified proviso language in the 2020-2021
 2717  General Appropriations Act is void if all the specific
 2718  appropriations or portions of specifically identified proviso
 2719  language are vetoed.
 2720         Section 86. If any other act passed during the 2020 Regular
 2721  Session of the Legislature contains a provision that is
 2722  substantively the same as a provision in this act, but that
 2723  removes or is otherwise not subject to the future repeal applied
 2724  to such provision by this act, the Legislature intends that the
 2725  provision in the other act takes precedence and continues to
 2726  operate, notwithstanding the future repeal provided by this act.
 2727         Section 87. If any provision of this act or its application
 2728  to any person or circumstance is held invalid, the invalidity
 2729  does not affect other provisions or applications of the act
 2730  which can be given effect without the invalid provision or
 2731  application, and to this end the provisions of this act are
 2732  severable.
 2733         Section 88. Except as otherwise expressly provided in this
 2734  act and except for this section, which shall take effect upon
 2735  this act becoming a law, this act shall take effect July 1,
 2736  2020; or, if this act fails to become a law until after that
 2737  date, it shall take effect upon becoming a law and shall operate
 2738  retroactively to July 1, 2020.